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2020-03-17 Regular
CITY COUNCIL REGULAR C�, MEETING MINUTES WE IDIAN:--- A° City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, March 17, 2020 at 6:00 PM (Called to order at 6:01 pm) Item 1: Roll-Call Attendance X Liz Strader X Joe Borton X Brad Hoaglun (arrived 6:15) X Treg Bernt X Jessica Perreault X Luke Cavener X Mayor Robert E.Simison Item 2: Pledge of Allegiance Item 3: Adoption of Agenda - Adopted Item 4: Future Meeting Topics Item 5: Department Presentations A. Presentation and Discussion of the Draft First Amendment to the Meridian Revitalization Plan B. Presentation and Discussion of the Draft Urban Renewal Plan for the Union District Urban Renewal Project C. Fire Department: Staff Report Discussion D. Fire Department: COVID-19 Update Item 6: Action Items A. Public Hearing for Everest Surgical Institute (H-2020-0013) by Jeremy Telford, Arete Investments Group, LLC, Located Approximately '/z Mile South of E. Franklin Rd. on the West Side of S. Eagle Rd. - Approved 1. Request: To Vacate plat note number 7 on Mystery View Subdivision (PFP-01-005) plat map restricting Lot 2, Block 1 to single-story buildings only. B. Public Hearing Continued from March 10, 2020 for Graycliff Estates Subdivision (H-2019-0129) by Star Development, Inc., Generally Located South of W. Harris St. and West of S. Meridian Rd. - Approved 1. Request: Modified Development Agreement to update the development plan for the site consistent with the proposed preliminary plat and conceptual building elevations; and, 2. Request: Preliminary plat consisting of 202 building lots, 15 common lots and 4 other lots on 52.46 acres of land in the R-8 and R-40 zoning districts. Item 7: Future Meeting Topics Item 8: Executive Session per Idaho Code 74-206(c): To acquire an interest in real property not owned by a public agency; and 74-206(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. In to Executive Session: 8:33 pm Out of Executive Session: 8:48 pm [AMENDED ON TO AGENDA] 9-A: Resolution 20-2195: A RESOLUTION RATIFYING A DECLARATION OF LOCAL DISASTER EMERGENCY; AUTHORIZING THE CONTINUANCE OF THE LOCAL DISASTER EMERGENCY DECLARATION AND ITS TERMS FOR A PERIOD OF THIRTY (30) DAYS; AUTHORIZING THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH AND PROPERTY; AND PROVIDING AN EFFECTIVE DATE. 9-13: Ordinance 20-1877: AN ORDINANCE ADDING A NEW CHAPTER TO TITLE 4, MERIDIAN CITY CODE, REGARDING PUBLIC HEALTH HAZARD AUTHORITY; DEFINITIONS; PUBLIC HEALTH HAZARD ORDERS; PROCESS FOR ENACTING PUBLIC HEALTH HAZARD ORDERS; PENALTY; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Meeting Adjourned at 8:56 pm Meridian City Council March 17, 2020. A Meeting of the Meridian City Council was called to order at 6:01 p.m., Tuesday, March 17, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Cameron Arial, Caleb Hood, Joe Dodson, Jeff Brown, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: Liz Strader _X_ Joe Borton _X_ Brad Hoaglun (6:15 pm) _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, it is Tuesday, March 17th. 6:01 p.m. Open this City Council meeting with roll call attendance. Item 2: Pledge of Allegiance Simison: Item No. 2 is Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Adoption of Agenda Simison: Item No. 3, adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adopt the agenda as published. Cavener: Second. Simison: I have a motion and a second to adopt the agenda as published. Is there discussed on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. The agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 4: Future Meeting Topics Meridian City Council March 17,2020 Page 2 of 53 Simison: Item 4, future meeting topics public forum. I understand we have no one who has signed up. Johnson: Mr. Mayor, that is correct. Item 5: Department Presentations A. Presentation and Discussion of the Draft First Amendment to the Meridian Revitalization Plan Simison: Then we will move into Item 5-A, Department Presentations, and this will be a presentation discussion, the draft first amendment to the Meridian Revitalization Plan. Arial: Mr. Mayor, we are going to be calling in two consultants who helped put together the amendment and the draft plan and so we will just get them online. They may be joining. We may not need them as well, but we wanted to make sure that that resource was available for you all if you had questions. Mr. Mayor, I am -- I'm swapping out with Caleb, so I did hear your previous discussion about the budget amendment and the transportation letter and the priority. So, appreciate the support there, but just trying to be sensitive to the situation. But I wanted to discuss with you briefly the proposed de- annexation, as well as the -- the new plan for this evening. It sounds like we have the consultants on with us now. Armbruster: Yes. Arial: So, really, this is the -- Armbruster: Ryan. Arial: -- the next step in this. We do have -- it does need to be kind of a two step process where we will have the de-annexation first, so we will look to take the proposed parcels out of the existing plan and, then, from there create a new plan for those parcels. I did attach a memorandum for each of you kind of outlining the rationale behind this, as well as kind of our summary of the -- of the documents. I will just highlight just a couple things. First of all, the de-annexation, it-- it really is, all intents and purposes, as far as monetarily, it's a deminimis amount to the existing district, as well as MDC in general. So, after talking with MDC we are talking about 12,000 dollars or so of -- of increments that would be, then, replaced. If everything goes well you have the -- you know, the full redevelopment of the parcels or at least of the -- what we know of the Galena parcels of over 125 million dollars of investment into our downtown that would generate approximately 600 and -- excuse me -- 16,286,000 dollars. So, again, from just a numbers perspective this is a phenomenal opportunity for us. The thing I would highlight for you all is this does enable us to tackle some things that would otherwise be very difficult to do from a private developer-- development perspective and I think that that's what the proposed plan really gets at. We are trying to tackle a number of things that just simply wouldn't occur otherwise, things like public parking, things like potential movement of irrigation -- Meridian City Council March 17,2020 Page 3 of 53 irrigation laterals. Potential improvement of -- of right of way and things like that. So, don't want to belabor this too much, but, again, we are removing properties that are in the existing plan and, then, creating a new plan specific to both properties. The purpose of -- of this for each of you is to consider the information, to provide any feedback that you may have to us, that we can, then, pass on that -- so that we can make sure that that gets into the -- the final document that has been publicly heard and addressed and, then, ultimately if you so choose adopt it into a new -- new district. So, with that it sounds like we do have our consultants on the line. I'm certainly open to any discussion or question. I'm just going to leave up here the actual area, so we could have at least a visual. I also have the plan that was in your packet, so if you want to talk to anything specific we can quickly go to that and talk through any questions or comments that you may have. Simison: Thank you, Cameron. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I was hoping that you could touch on -- touch a little bit on what the key risks might be. Are there any -- what are the key risks that could -- that could happen associated with an urban renewal district, like this de-annexation and, then, reestablishment of one and, then, why do you think those risks -- how do you think those risks are being mitigated? Arial: Thank you, Mr. -- Mr. Mayor and Council Woman Strader. So, I think, you know, certainly that is a -- that is a question that we need to consider. There is -- as far as a monetary risk, I think -- I mentioned that in the -- in the memo. It really is a deminimis amount to MDC and their obligations and their ongoing operations. I think where that truly is mitigated is the overwhelming abundance of additional revenue that would be generated and so, yeah, there -- there would be a potential loss. Let's say we just, you know, we de-annex, nothing occurred, the project didn't go forward, something didn't happen, yeah, we would lose approximately 12 -- 12,000 dollars in increment. That being said, you know, after discussions with MDC, you know, they are -- they are comfortable with that risk and -- and look forward to the potential, you know, additional revenue that would be generated. Strader: Mr. Mayor, follow-up. Simison: Council Woman Strader. Strader: Thank you. That's helpful. I think --just thinking a little bit deeper and I want to try to -- I'm thinking out loud here, so I apologize. Is it that, you know, provided Galena is making the investment in the civic block, the assumptions behind the tax increment revenue that will eventually come from this essentially cover the forgone property tax -- I mean can you kind of walk through the mechanics of how that works and how any kind of gap between the private investment and what we think we need to recruit is -- is Meridian City Council March 17,2020 Page 4 of 53 mitigated because we feel like it -- for example, you know, did they sign a contract, they are moving forward, they lined up their construction financing --just kind of give me a feel for where they are at and why we feel like that is kind of locked in. Arial: Mr. Mayor, Council Woman Strader, so, again, great question. So, there -- you know, as far as the -- the Galena project, I think you guys are generally aware of where that's at. There was the -- the hearing before P&Z that was unanimously accepted for their height. That is the primary driver of -- of this additional value and, therefore, additional tax increment revenue. So, we -- we have good -- have had and continue to have good conversation with Galena and their representatives. I believe one of them, Mike Chidester, is -- is observing and could be available if you would like to question him on, you know, where they are at in their commitment to the project. Like I mentioned at the -- the tail end of the -- of the memo here, you know, we -- we perceive going full steam ahead with not only the community center and community block -- civic block projects, but every indication we get from Galena is that they are moving forward as well. I do think -- I will point this out as well just in the memo, I think this is a -- certainly a consideration is, you know, the -- the investment would generate over 16 million and, again, that this may be a question for Mr. Kushlan, who is on the line with us, but that was a conservative number, that that -- that that investment would generate. We are anticipating using about 15 of that and, then, when you consider the city's participation of approximately three million for the community center, that would reduce that number to about 12. So, we feel like, you know, give or take we are in a good conservative spot considering that this moves forward. Like I said, if -- if nothing does go forward, then, we are -- we are going to be de-annexing 15 properties that generate about 12,000 dollars of increment. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: And I apologize, I will stop hogging the mic, but it sounds like limited downside risk in the event that it doesn't move forward. It doesn't sound like we are taking a lot of -- I guess what I'm trying to get a feel for is -- is the city taking on any kind of market risk in terms of the success of commercial businesses in this area in the future, you know, is somehow driving whether this is successful or not. I feel good about the Galena project and as long as they are moving forward it seems like the upside in terms of the investment that we are making in this area would really revitalize it, but I just -- I wanted to get a feel for, you know, is there any kind of risk that I'm missing here or some kind of downside scenario, particularly if we are heading into a bad economy. Arial: And, Mr. Mayor, Council Woman Strader, so, yes, definitely to market risk. It's particularly hard to address kind of the unforeseen -- I mean, again, so worst case scenario nothing occurs, Galena walks away and we continue to have, you know, the blighted areas and, then, we would potentially do something else with the civic block, you know, is there --what is that risk. I think that that could be a true risk, you know, but that's -- that's up to Galena to take -- not necessarily us -- I think if we were to see that occur Meridian City Council March 17,2020 Page 5 of 53 we would arguably be in the same scenario we are now. So, downside risk of that market occurring I -- again, kind of talking off the cuff, I'm not sure I can say to much there. Armbruster: Mr. Mayor, Council Member, I mean one of the advantages by doing it the way it's proposed is that you are resetting the clock. So, you will have a full 20 year period for development. So, even assuming you go through some economic cycles, certainly the intent is that within the 20 year period you are going to redevelop property that for now has set pretty much fallow for most of the period of the 2002 plan. Simison: For the record was that Mr. Kushlan or -- Armbruster: That was -- that was Ryan Armbruster. I'm sorry. We are trying new technology and that's great, but always kind of forget the formalities when you are linked up by mobile device. But, yes, Ryan Armbruster representing the developer. Arial: Okay. Simison: Thank you, Ryan. And for the record I just want to show that Councilman Hoaglun has joined us at 6:15. Are there further questions? Strader: Thank you. Simison: Okay. Thank you very much. Arial: Thank you. B. Presentation and Discussion of the Draft Urban Renewal Plan for the Union District Urban Renewal Project Simison: Well, I guess that leads us into Item 5-B. Armbruster: Well, thank you very much. Appreciate the opportunity. Have a good evening. Bye. Simison: Cameron, are you -- Arias: Yea. That's me as well. So, again, this is just the follow up to that, which is now the -- the plan itself. So, again, the de-annexation, the amendment to the existing plan, now the plan itself that would be proposed for the -- for the de-annexed properties going forward. So, again, here just to hear any comments that you have to the proposed plan. Simison: Council, any questions or comments regarding Item 5-B? Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council March 17,2020 Page 6 of 53 Cavener: Just a brief comment and speaking I think a little bit to Council Member Strader's question about risks and I think the part where I have been struggling on this project -- I love the concept of the -- the civic block and when you look at the potential for downtown it's very intriguing. My concern is is that -- I think in part because of good leadership at the MDC we have been able to be off the legislature's radar in terms of concerns and criticisms about urban renewal for nearly 20 years. I worry a project like this that benefits one single entity would very quickly land on ourfriends in the legislature's radar and as we have seen this session, their desire to be more and more invested and involved in local government seems to be growing, not -- not decreasing, so -- and Cameron and I had a chance to talk today and he is aware of my concerns. I just -- I recognize the opportunity and as somebody who loves downtown and wants it to be successful, I just worry about the potential risk we face -- both urban renewal in general, how it impacts Meridian if we move forward with a project with a single entity that benefits. I think it's important for Council to be aware of that, at least my perspective, as we continue to move forward. I'm open to continuing the conversations. That's why I was supportive of the action items last week, but I think it's something that we need to be paying very special attention to as we move forth in this process. Armbruster: Mr. Mayor, Council Members, this is Ryan Armbruster again. So, actually, this project, which is pretty focused and under one ownership, is really the kind of project that the 2016 legislature, when they made all those changes, really anticipated. So, it's a very focused, very finite project, so it would seem to at least meet most of the objectives that the legislature has indicated concerning project scope and project breadth. Simison: Thank you, Ryan. And I think everyone looks forward with these -- with their own eyes. I view this much like the Ten Mile project, which was very similar, done in conjunction with one group for one purpose. The property was bigger. But this is simply the same type of situation for the most part. You know, there may be a few changes, but I don't want to dismiss what Councilman Cavener says, it is a -- you know, every urban renewal is -- every urban renewal project, in my opinion, has the potential to have the legislature re-question their use of urban renewal by anybody. Cavener: And Mr. -- Mr. Mayor, if I may. Simison: Councilman Cavener. Cavener: I think -- if my memory serves, I don't think I was very supportive of that project at the time either. Huge regret. Absolutely was wrong about that. But I voiced concerns about the -- I think at the time of limited ownership group. There were multiple members. This one for me takes it just even yet another step further, because there is only one single entity that would benefit. So, I think that the conversation is good. I appreciate the dialogue between you, Mr. Mayor, Council Members, and staff. I think everybody is going in the same place. We want to do something that's great for our downtown and great for our community. I'm just a little apprehensive about this step that we are going to take together. Meridian City Council March 17,2020 Page 7 of 53 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, I had similar reservations as Councilman Cavener on this, looking at it going, boy, this is a very focused, very individual and --and so I carefully went through the project and the rules and -- and what the legislature puts in place for urban renewal district creation and in going through that and the report that -- that was developed, I -- I find that we meet the rules and the --what--what they determine is the correct use of the funds that we gather for redevelopment, for everything that these districts are created for, I felt like, okay, we are meeting that and if they want to go ahead and later say, oh, because of this we are going to change the rules again, so be it, but for what's written and what's there to me it -- it met the criteria for urban renewal. So, I -- you know, again, I think Councilman Cavener is correct in saying that, well, this is going to put a target on us -- yeah, it might, but we are playing by the rules that they set, so I think that's -- that's fine. We can -- we can -- I'm comfortable moving forward then. Strader: Mr. Mayor? Bernt: Mr. Mayor? Strader: Oh. Simison: Council Woman -- Bernt: Ladies first. Simison: Council Woman Strader. Strader: Just a quick comment. You know, I -- I think we run that risk all the time of the legislature, you know, changing their whims and changing the rules that we are playing by, clearly, but we have a limited opportunity set I think to use this tool and it seems like this is -- from a timing perspective and the catalytic project, this is that -- kind of meets what we need to try to transform downtown and it feels to me like the downside risk is fairly boxed in and that has gotten me more comfortable. So, I'm supportive of it. Simison: Councilman Bernt. Bernt: So, I -- I had the same reservations and questions as did many others who are on the MDC commission. For the record I am a commissioner on the MDC commission and I did --and we all know that there is always a moving ball at the state legislature, especially as it relates to urban renewal and so it's tough to have a crystal ball as to what they are going to -- how they are going to approach it. There is strong -- there is some legislators who have -- definitely have some strong opinions in regard to urban renewal and I respect that. I -- we did ask Mr. Turlington, who is the contracted lobbyist for MDC at the statehouse in regard to this concern and he mentioned that he didn't have great concern Meridian City Council March 17,2020 Page 8 of 53 because of what was discussed earlier in regard to the rules and what we are doing and dotting our I's and crossing the T's and so MDC has historically been a model urban renewal district, like Mr. Cavener mentioned earlier, so just wanted to state that. Thank you. Simison: Are there any further questions or comments from Council? Okay. Thank you very much. C. Fire Department: Staff Report Discussion Arial: Thank you, Mr. Mayor, Members of Council. Appreciate your -- your dialogue. Simison: Okay. Item 5-C, Fire Department staff report. Turn this over to Chief Niemeyer. Niemeyer: Good? Hey. Whoa. There we go. Good evening, everyone. Just checking to see if you are awake. Mr. Mayor, Council, thank you. Originally Joe was going to be working from home tonight. We had a little switch today, so we just stuck with the plan and I'm presenting. This is, however, Joe's presentation. I want to take the opportunity, in the interest of time, to briefly walk through our staff report and to answer any questions. I know there has been a few questions over the last few weeks. I wanted to make sure we were able to walk through that, get any questions answered as we move forward certainly with development in our community. The first thing that we look at with regards to the staff report is our travel time. I want to briefly touch on the entire response time, because that's a piece of the puzzle that we don't articulate throughout. So, somebody calls 911, your house is on fire, that's about a minute long process for the call taker to take all that information, get it into the system, get in the queue, push the button, get those tones going to our stations. So, we are one minute in there. We have a 90 second mandated turnout time. Or that's our goal. I apologize. Our goal is 90 seconds. Turnout time means from the time the bells go off in the station until the time the wheels roll out of the station. That's day or night. We are at about 80 seconds average right now. So, we are under our goal. That is a standard goal. I know there was some questions about what are others doing, what's best practice with that. That is best practice. So, we are about two and a half minutes there already and, then, we add our five minute travel time, which are our wheels rolling goal. So, from the time we leave the station to the time we get on scene our goal is five minutes. We are just under that goal currently in the department. We have been able to maintain just under that. So, that's the -- that's the reasoning behind the five minutes. I know I have been here before, so I don't want to be repetitive, but the reason that's important -- in a structure fire we have about four to four and a half minutes to get there ideally -- in ideal circumstances to get that fire contained to where it started. The room of origin is what we call it. After that for every minute that fire burns it's doubling in size. We want to get there early to stop the fire. On the medical side in cardiac arrest, we have about six minutes to get there before brain death. So, we need CPR going, we need medications pushed, defibrillation. That's where those standards come from. So, there is some science behind it where they determine this is the standard that you want to shoot for. The national standard, just so you know, is four minutes. We locally looked at that and, quite honestly, a four minute travel time -- we Meridian City Council March 17,2020 Page 9 of 53 would have about four more stations when we ran our analysis. I think Councilman Cavener asked the question what -- what is Boise's standard. They are four minutes for a planning purpose goal, as well as Nampa. I reached out to Chief Carpenter and that's what Nampa uses for a planning tool, a planning goal. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Is that -- then from a planning perspective is much different than the actual? Niemeyer: Yes. Their actual -- Cavener: What's the actual? Niemeyer: Boise's actual is five minutes and 30 seconds. They also use a percentile or a fractal. We use an average. There is two different ways you can -- you can run your numbers. We chose to use average years ago. They use a fractal. So, what that means is 90 percent of the time in the Boise Fire Department they are arriving in five minutes 30 seconds. With that page two -- and I apologize it's not in color, but I was trying to save some ink. That is the map that you have seen before. That's the planning map that we have been using. This is the map that Joe is now using. This was developed by our GIS team, Doug Green up in IT. So, we are all consistently using the same map. The challenge as you look at this when you are trying to determine from point A to point B how long would it take us to get there, you can use Google, you can use MapQuest, you can use -- there is -- I don't know what others are out there, but every time you might get a different answer from each one of those, because of traffic, road conditions, et cetera. We are using a static map that Doug developed. We can look at this map as compared to where the parcel is and know if it's within or without -- outside our five minute travel time. So, we are using a consistent map here that IT has helped build for us as part of that planning effort. The next thing we look at is station reliability. That is simply -- simply put, how often is that apparatus from that station able to handle calls within that geographical boundary. We like to be 85 percent or higher as far as reliability. All that means is when we are below 85 percent we start talking about, okay, let's start watching this station. Is the call volume going up? Is road construction tying that. It's kind of a check and balance. When we get down to 75 percent we start planning to talk about what do we need to implement within that station to augment the response. That could be something as simple as let's look at our EMS responses. For those of you that were on Council, we did that two, three years ago where we said let's quit going to all these EMS calls and we did that as a system. We actually saw our reliability improve, because we weren't responding to as many calls in the jurisdiction in that district. With our growth we are starting to see that call volume within each district rise. Our busiest station right now is Station One and we are just over 3,000 calls and when I got here as the chief ten years ago I believe we were at about 1 ,200 calls at that station. So, you can see the increase in the -- in the call volume. So, that's station reliability. That's another factor we look at. On that next page you can see how we capture that reporting. That comes through a Meridian City Council March 17,2020 Page 10 of 53 database system called FireView that calculates that station reliability and it's taking those factors into play. Call was here. Which unit went. Was it the unit that's assigned to that station. And that's how we correlate those two things together. The next one is just a simple look at what's the risk of whatever development is going in and the higher the risk the more hazards there are. So, residential, just a residential development is our lowest risk as we look at our risk factors. When you have residential with hazards --for example, not necessarily in Meridian -- in some subdivisions in areas around us they have deep ponds. That would be that additional risk factor besides just the residential homes going in. Commercial is right in the middle. Commercial with hazards. And, then, industrials are our highest risk. We don't have a lot of industrial development, but when you do you bring in -- incorporate hazmat, technical rescue, et cetera. So, that's on the risk factors. Accessibility. Joe looks at access and road widths to make sure they are in compliance that we can get our apparatus into that -- that development and make the turns that we need to make. Specialty resource needs. Anything higher than three stories we -- we -- will trigger that. Requires a ladder truck to get beyond that third story. Our ground ladders can only extend to three stories. So, if we are anything above that that aerial ladder device gets us to the roof, it gets us to windows, it gets us access to where we need to go. We also look at any potential water rescue, hazmat or technical rescue. For example, any development down on the south channel of the Boise River we would be looking at water if we developed right along the river there. And, then, there is additional comments. Any additional comments Joe has. So, I would certainly stand for any questions. Hope to clarify anything or just provide this update. Simison: Thank you, chief. Council, any questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Chief, on the risk identification point scale, if I'm reading this -- am I reading this correctly at -- for example, residential development with hazards is categorically always less risky than commercial development? Niemeyer: Yes. Borton: No matter what. Niemeyer: Yeah. That's -- that's a standard -- you know, there is all kinds of variables you could throw in there. I think -- and Joe can certainly speak to it. I would guess that he -- if we had a residential with hazards, for example, ponds, there may be a comment to mitigate the hazard. Put fencing around the pond or limit access to the pond. That would be an example of a comment. So, you might have some -- and I will let Joe chime in. Bongiorno: Typically -- sorry, Mayor and Council, typically if we have something like that it's going to be an open waterway of some sort. The -- sometimes I will throw a hazmat Meridian City Council March 17,2020 Page 11 of 53 thing and you're like this is a residential neighborhood, why are you throwing a hazmat in here. Because we have inventive people in the city that like to make biodiesel in their own garages that is not allowed and, then, they spill it and it becomes a big project. So, that's why a lot of times you will see -- what's he talking hazmat for. Because we never know what people have in their houses. So, that's always just a risk that's there, but we can't really calculate it. Niemeyer: If I could add one more thing, Councilman Borton. And part of that risk -- as we look at risk it's how many things do we have to send to that call to mitigate the issue. So, even in a residential neighborhood with some hazard, it's going to take less resources to mitigate those emergencies than it would R.C. Willey with a fire. We are going to send more resources to that fire, because it's a much larger box type building to mitigate that. Even though it might have sprinklers, we send more units initially to that, because it's just bigger hazards. Borton: Interesting. Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Chief, appreciate you bringing some of this back. As is often the case your responses, then, come with maybe a few additional questions. Niemeyer: Sure. Cavener: I'm curious how -- in the fire service or in Meridian this -- we have been talking a lot about travel time it seems lately like and I'm curious when you are taking those averages if you have the ability to separate travel time for calls within the city versus travel time for calls that are served within the rural district and how if those calls that are made after the rural district are skewing our average in any, way, shape or form. And I don't need an answer on that now and I hate to bring this back, I hope that I won't have more questions from them, but I just think it's something we have been talking a lot about lately, so having real data about how a development in Meridian could potentially impact travel times and fire response times within Meridian I think is really important. To me that also, then, goes back to the cost of delivering fire service and what if -- if the fire service has a -- a standard for this is what a cost per call is and if you look at that as what it costs to deliver a response in the city versus response to a residential that's within the county, but we are serving in the district -- do you get what I'm saying? I just want to make sure that we are really looking at what our cost is to our -- our taxpayers, recognizing that our taxpayers help pay the cost of -- of service to the rural, just like the rural department with ours would bill the capital. I'm not trying to say one is more important the other, I'm just trying to get a good sense of what our ongoing cost would be and at those times within -- if -- if serving the rural is impacting our ability to have the clearest data about how a development would be impacting Meridian. Meridian City Council March 17,2020 Page 12 of 53 Niemeyer: Perfect. I got those two questions written down, Councilman Cavener, and I will follow up on that. Cavener: Great. Thanks. And we can check offline if it's -- if it's beneficial. Niemeyer: Perfect. D. Fire Department: COVID-19 Update Simison: Any further questions for the chief? All right. Thank you, chief. Appreciate it very much. Yeah. Why don't you go ahead and go into 5-D. Niemeyer: Sure. Mr. Mayor, Council -- and I'm going to maybe be a little all over the board with this. As you can imagine it's been nonstop. I have been up since 1 :30 this morning. Brain's getting a little fuzzy. But I want to provide an update with you on the efforts that have been going on with regards to COVID-19. This really started about a week, week and a half ago, discussions about this is coming, we need to prepare. So, we laid out, basically, a three phased approach for the City of Meridian. Phase one was information sharing. When it came to wash your hands -- I mean the messages we have all heard and reinforcing that message. We prepped our responders with the Coronavirus information education. Made sure that we had the right PPE and equipment for our firefighters, our police officers, our paramedics. So, it was really that -- that preparing phase was phase one. We just went into phase two not too long ago and that was with the first confirmed patient or victim and since, then, we have moved into basically phase 2.5 where you are now seeing further restrictions in limiting movement. I will say I want to just thank Mayor Simison for his leadership. We did have on Friday an elected officials meeting where we had the mayors throughout the valley, as well as commissioners in both counties there. I have been doing this 29 years, I have been through several different of these iterations of local disaster. H1N1, the Ebola, H5N1, Y2K -- the list kind of goes on and I have never seen collaboration like this. This is a regional valley wide issue. It's not a city issue. It's not a county issue. It's going to become a statewide issue. So, the more we can collaborate and share -- I will tell you we are -- we have prepared for disasters like this for a long time, but I also need to be honest, I have never seen something like this. This is different. But we are prepared for that and we are moving forward as a -- as a group with that. So, with the city in the -- in kind of this 2.5 iteration we are restricting down and you can see the seating behind. That's one of those moves. The work from home that you are seeing is one of those moves. I do believe we are absolutely doing the right thing. As we looked at what others are doing that -- that had this virus ahead of us, we are doing the right things and we are prepared for the next step. From a first responder standpoint I want to touch on that as well. We have been meeting -- we had our first large multi-agency coordination group meeting on Tuesday. Typically in a disaster -- or in -- in a crisis you would have a county EOC setup. That's very common. We recognized very early on that our two counties need to work together. We have cross-commute, cross-commerce, so let's start off working together. Those groups made up of first responders, law enforcement from across the entire valley, have been working together since Tuesday. We met again today to ensure that our plans for Meridian City Council March 17,2020 Page 13 of 53 emergency response to our communities are solid and they are. We are prepared for that. We are also starting to look at the next layer in which you would look at typically in an EOC the next layer of what's coming. We know that deliveries are sometimes sent. We want to make sure deliveries occur. Our homeless populations that we may have throughout our valley, are we taking care of them. Our high risk population, are we taking care of them. We are interacting almost daily with Central District Health and Southwest District Health, as well as the hospital system. Well, St.AI's, St. Luke's and the VA Medical Center. So, I feel confident we are ready if this gets worse. Our challenges right now -- and we are working very hard on that -- is supplies. As you can imagine you have seen in the news some of the N-95 masks that our responders wear, we started this with 21,000. So, we had a good supply. We were able to outfit every fire department, every EMS department, as well as every law enforcement department. We are actively searching and working with vendors for more. I just had a phone call today from a vendor. The price of those masks is now eight dollars each and we need about 10,000 if this thing continues. So, do the math, that's 80,000 dollars. So, there is some cost to this -- this epidemic coming. Again, I feel very comfortable -- and I'm going to open it up for questions, because I kind of walked through where we are at today. I have just been meeting all day on this and we will be meeting all day tomorrow and all day Thursday and Friday and we are going to stay on top of it. We have a good group of people, both on the elected official side, as well as the first responder community, working with all the partners throughout the Treasure Valley on this issue. Simison: Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Chief, sorry. Appreciate your -- your leadership. You know, this has been a challenging time for everybody, but I'm sure for you and your staff especially. I got I guess a couple of questions. You talked about being prepared for the next step. In your mind what is that next step and what do we as a community also need to be doing to be prepared for that? Niemeyer: I think the next -- next logical step is to see multiple positive cases and, then, the next step beyond that is to see clusters of cases. The Central District Health is tracking where those cases are. I think that is our next step. If we begin to see clusters of cases of positive tests, which we could see, that is going to just ramp up even more our efforts that we have already laid out. Chief Butterfield, the entire operations group, has been talking about how do we deploy in that situation. The other challenge is we are the first responders in the community and there are always chances that we are exposed at all times, even PPE. They have a plan in place that if we have folks that we have in self quarantine and we have a reduction in workforce, we are working collaboratively and together to make sure we are still covering the needs of emergency response. That would be the next step. Meridian City Council March 17,2020 Page 14 of 53 Cavener: Mr. Mayor, follow up. Simison: Councilman Cavener. Cavener: At that point you said we are on step 2.5. From I guess the community emergency preparedness group, how many steps have you guys planned for and is -- does clustering -- is that step three? Help me understand kind of where you guys are envisioning this thing could potentially go. Niemeyer: That's a really good question, Councilman Cavener. We -- let me first say we take our lead from the health district. This is a healthcare crisis, a health emergency. So, we take our lead there. We also take our lead in turn from the CDC and those two are tied together recommendation wise. You just saw the CDC go from a 250 mass gathering recommendation down to 50. 1 understand there is a chance -- just tonight a change to ten. I got to look. But that change is there. So, I think we would take our lead where the Central District Health says now stay home, don't congregate at all. That is the next step. It's really that -- that nobody move anywhere for -- for a little bit. I know President Trump has -- has addressed the country and I think he's right, you know, the more we can limit movement -- he mentioned the 15 days. There is health experts that I have mentioned the 15 days of just stay at home, don't move around for 15 days, that will help contain that spread. Cavener: Mr. Mayor, one more if I may, then, I will be happy to turn over the mic. I guess you are kind of getting to as -- I work with staff all across the country and so we are hearing in different states you have got local, county, statewide mandated curfew, quarantines, public cannot leave their homes. On the steps that you guys are planning for, where is that step? And I just -- I don't want to create panic with our public, but I also think that -- what I'm hearing from lots of folks is that this is an inevitability and so I'm just hoping that we as community leaders can be at least educating our public about what will trigger those types of responses that they can be prepared. Niemeyer: I think the trigger really is the clusters. When we start to see clusters in the community -- and, again, not to pawn that off on the health district, but we really do take our lead from them. But that next step is coming out with strong recommendation, strong language in our messaging to stay home. At the -- at the -- we are going to tell you you have to stay home, that's a different conversation. That's an extreme. I think the president mentioned that, that -- that that is a possibility just to stop the spread of this. But that's an extreme measure. It takes a lot of discussion, a lot of thought, and a lot of approval. Yeah. Cavener: Okay. Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Meridian City Council March 17,2020 Page 15 of 53 Perreault: Chief, the -- there has been a variety of reports regarding the accessibility to testing kits and it seems like there is -- there is a lot of confusion in the media right now about whether -- whether individuals can go get tested on their own or if they have to come through emergency service, whether they can walk up to the hospital or if they have to have certain diagnosis. Can you just share with us is there -- is -- are you comfortable with the -- your ability to take --to take individuals to the hospital and get those tests done in fairly short order? Niemeyer: Yes, I am comfortable. Just today -- and I don't know the details. I have been in meetings all day, but I understand St. Luke's in Meridian opened up kind of a drive-thru test. St. Luke's downtown is going to open up tomorrow that capability. You know, talking with the medical community -- and I understand why they are doing this. A lot of folks want to get tested. You know, there is that fear; right? We all have it. I mean I think that's an honest answer. We all have that little bit of fear of what is this. So, when you're not feeling well you want that knowledge of what is this. The challenge with testing is unless you are symptomatic to the levels that all of the physicians are recommending, the doc's going to say you're not meeting that criteria. And I know that's super hard for our community to hear. It's hard for me to hear. But it makes sense medically and so I think anybody that -- that has that criteria met there are tests out there to be tested. The test kits are not the problem right now. The delay in just the number of tests going into the labs, that's the challenge. They are turning those around as quick as they can, but they are getting a lot. So, that's, really, kind of where the --where the anxiety can live, because you are waiting for that result to come back. Either way the treatment is pretty much the same, especially for the healthy folks in our community. They are going to stay at home, they are going to quarantine, and almost everybody's going to get through that. We need to make sure we take care of that -- that risk population. Simison: Are there any -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: One more. Thank you, Mr. Mayor. And maybe this is a question for Mr. Mayor. Chief, you mentioned we haven't seen anything like this and, you know, the only other time we kind of experienced something really impactful to a community is -- is our large snowstorm that we had I think three years ago. At the time the Council authorized budget authority to provide for extra plowing and for emergency response. From your perspective is that an action that we should be taking or, Mr. Mayor, are you looking for us to do proactively? I just want to make sure that -- that our emergency responders -- the city has the -- the funds that they need to be able to do the things you think is best to protect our community. Niemeyer: Mr. Mayor, Councilman Cavener, I can answer that. We are working up a cost. We know there is going to be a cost to this. We didn't know -- what does that cost Meridian City Council March 17,2020 Page 16 of 53 look like, depending on how this progresses. We are developing a cost to bring back for your consideration at some point. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I'm curious if-- you know, not -- not to overly worry people, but to prepare them appropriately. In the event that someone has a compromised immune system, they really are limited at this point to being at home. Maybe they are elderly. You know, how -- how does it look in terms of some of the resources we have heard in the community that are available, you know, ways for folks to get groceries delivered -- I mean have people started thinking about scaling that up, though, logistically? Niemeyer: We have. That's a great question as well. We -- we do have a social services branch within that group that I talked about that's working valley wide. As you can imagine that ICS org chart is pretty deep on this. We have transportation. We have social services. We have homelessness. Some of those boxes are being filled by people who are focusing on that very thing. The challenge is with this one -- this is unlike what we have faced before. So, we have prepared for earthquakes. I know who to call if you have an earthquake. I know who to put in the boxes, who to bring in. This one is so much different, because you have so many different groups involved in trying to mitigate this. So, it's -- Joe Lombardo is doing a great job from Ada County Emergency Management in bringing the right people to the table to have those conversations. So, we do have a social services branch on that. And I think it's a good reminder -- I will just grab the dais for a little bit. It's a great reminder as we are all running to the grocery stores to try and get lucky and buy toilet paper, because it's out, it is a great time to make sure your neighbor is okay and that's going to help get us through as well. If you have got toilet paper and they don't, if you have got produce and they don't, if you have got anything and they don't, it's a great time to be a community and to make sure that we are helping each other out and I think -- I think over time that message is going to continue to resonate and continue to build, knowing that we can get through this together and I think that will be a message we continue to send. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: You know, we have -- I think in the city we -- because of our development application process we have really good connection through NextDoor and just a comment or maybe something to brainstorm about would be a way to use some of those forums, if this does escalate into a phase three or something that's not a good scenario, having -- having some kind of a plan or a central place that people could contact for help if they did need to get groceries or they did need help with something I think would -- it would be great if we could get to that point. Thank you. Meridian City Council March 17,2020 Page 17 of 53 Simison: Are there any other questions for the chief? Niemeyer: Probably be another update next week I'm guessing. Okay. Thanks. Item 6: Action Items A. Public Hearing for Everest Surgical Institute (H-2020-0013) by Jeremy Telford, Arete Investments Group, LLC, Located Approximately % Mile South of E. Franklin Rd. on the West Side of S. Eagle Rd 1. Request: To Vacate plat note number 7 on Mystery View Subdivision (PFP-01-005) plat map restricting Lot 2, Block 1 to single-story buildings only. Simison: All right. Thank you. With that we will move on to item -- into our action items for this evening. Item 6-A, a public hearing for Everest Surgical Institute, H-2020-0013. I will open this public hearing with staff comment. Dodson: Good evening. Thank you for having me. Item 6-A is for Everest Surgical Institute -- is a request to vacate plat note number seven on the Mystery View Subdivision restricting Lot 2, Block 1, to a single story structure as you can see here, Lot 2, Block 1 -- by Jeremy Telford, who is in attendance here tonight. The plat note and subsequent story restriction was added to the approval in 2002. However, the single story restriction is not necessarily effective as it did not limit the overall height of the building. So, as a single story or a two story building it could be built at 35 feet currently with the plat note or without. The applicant is proposing to build a 15,800 square foot ambulatory surgical center on this property under the maximum height of the 35 feet. If the plat note is to remain he states he will have to build the property approximately 56 feet from the properties to the -- the residential properties to the north. If the plat note is vacated, the applicant states the same amount of building, same square footage, can be built 65 feet further away, which would bring it to about 120 square -- or 120 feet away from the residential properties and would allow an additional 26 more parking spaces. In addition, the applicant has discussed this proposal with each of the residential neighbors that abut the property. This is for the last comment I made. The applicant has discussed this proposal with each of the residential neighbors that abut the property to the north and has garnered support from each of them, as can be seen in my staff report from the nonopposition statements that each of them signed. They all agree that they would rather have a two story building further away, rather than a one story building closer to them. To reiterate, the landscape buffer requirement for this zone against residential uses is 20 feet. So, this applicant or any applicant could theoretically build a 35 foot tall building at the 20 foot buffer line with -- you know, meeting all code requirements. This applicant does not want to do that as he wants to be a good neighbor. Staff is recommending approval of the request to vacate plat note number seven as proposed by the applicant, as the vacation will allow the building to be the same size on a smaller footprint located Meridian City Council March 17,2020 Page 18 of 53 further away from the residential properties and, therefore, meeting the original intent of the plat note. No further comment. Simison: Okay. Thank you very much. Council, any questions for staff? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Not a question, but a comment. I think this is your first presentation to Council; right? Dodson: Yes, sir, it is. Bernt: Are you a little bit nervous? Dodson: Just a little bit. Bernt: Doing great. Did a great job. Dodson: Thank you. Bernt: Pleasure to meet you. Dodson: Pleasure to meet you. All of you. Thank you. Simison: Okay. Would the applicant like to come forward. Telford: Do I need to state my name and address? Simison: And address for the record, please. Telford: My name is Jeremy Telford. I reside at 2048 West Astonte Street in Meridian, Idaho. Mayor and Council, thank you for having me. I'm going to plug in here and I'm just going to show you -- more out of -- just so you guys understand why we are doing this and also what we are doing. This is going to be approximately a six million dollar building that we plan to build within the next year. Can we toggle for -- for those of you -- ambulatory surgical centers are a popular trend right now in surgical services for medicine. Apart from hospitals, ambulatory surgical centers allow doctors to actually own their own facility and capture some of those facilities fees. Last year over -- I believe it was 80 billion dollars was saved by Medicare nationwide by shifting minor surgeries that don't necessarily have to be achieved in a hospital to ambulatory surgical centers, because nowadays what used to be a three week stay in a hospital people walk out two hours later and so the word ambulatory meaning outpatient is just the -- the product that we are putting in. The building is located just to the west of St. Luke's Meridian. It's the -- to the left down here on the bottom is also the surgery center -- or Surgical Center of Meridian City Council March 17,2020 Page 19 of 53 Idaho and the Idaho Urological Institute and so very -- very good mix. The situation that we found -- this is just a comparison of the two layouts. Originally we were trying to build this building -- part of the -- half of it will be the ASC, the other half will actually be medical offices for the surgeons and as the building started to grow a little bit we just got pinched -- or we were starting to sacrifice either elements that we needed within the project or parking and so by doing this as a two story building -- if you look at the two elevations on the bottom -- you have to really look at it for a second before you realize which one's the two story and which one is the single story and so I went to the neighbors and I actually showed them this -- wrote up a statement of nonopposition before we spent the money to redesign the building and every contiguous residential neighbor showed no opposition to it. They actually encouraged it, just because it moves the building further away from the residences, it adds additional parking and it just -- it just kind of works and so that's about it. That's -- that's the layout on the inside and if you have any questions I'm happy to answer them. Simison: Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just a comment. Thank you. It's rare and so refreshing and nice to have a development application before us where -- not that it doesn't happen a lot of the time, but where you really got ahead of something and worked with the neighbors before coming before us and I just really want to say how much we appreciate that. Telford: Appreciate that. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Yeah. I'm absolutely in favor of this application. I love the fact that you reached out, like Council Woman Strader said, to the local neighbors and got their blessing. You didn't have to do that. But one of the things in these type of developments is -- one of the unintended consequences of these type of -- is -- is parking. You know, sometimes you get something -- a business moves in or whatever that's really popular and hogs all the parking and you just -- it meets code and -- you know. And that's the reason why it was approved, but, you know, to give -- to provide more parking is key, especially in this -- in this neck of the woods. I believe it's going to be -- extra parking can be a really big deal. Telford: I -- I appreciate that. We are -- as shown in the numbers down in the bottom, just by building it as a two story building, which -- which doesn't save us really any cost, because the building as a single story building we have more roof space, more foundation. Going two story we now have to build two stairwells, elevator systems -- I mean it's -- so, it's not anything that we are trying to do from a cost perspective, but it does add 26 parking Meridian City Council March 17,2020 Page 20 of 53 spaces and already, if you look at the bottom here, there is 11 parking spaces on the south side of that building, those parking spaces are actually existing already and so they are under a temporary easement with the building next to us and so I have already been working as well with the building owner next to us to try and alleviate his concerns, because as soon as we start development those become our parking spaces and he called me and said you're taking our parking spaces and I said, yeah, but the reason you're going to notice is because I'm trying to build this with 26 more parking spaces than if you say no. So, he was -- he jumped on board pretty quick. Bernt: Follow up, Mr. Mayor. Simison: Councilman Bernt. Bernt: I drive down that road quite a bit and, you know, if you were to drive a little bit further down the road there is a brand new assisted living center -- memory care center down -- and their parking is already full and they are already, you know, starting to partner on the -- on the streets and ACHD got involved and they are putting up signs and so anytime that you can provide more parking is greatly appreciated, so -- Telford: And if I can make one more comment, the good news -- if you look at the -- the two story nature of an ambulatory surgical center, that means that we have medical offices for surgeons above the surgery center and even though we have that much space, the good news is that the surgeons are never in their office and in the operating room at the same time and so the actual traffic demand of people coming to have surgeries in a day -- we are predicting that, you know, if the business plan goes well we could provide somewhere between -- between eight to 12 surgeries per day in the surgery center, which creates a trip load that's minuscule. I mean that's 15 minutes at a Starbucks throughout an entire day of business in this building. So, we should have a very low parking need anyways, but we want to make sure we are a good neighbor in having that. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Telford, appreciate you being here. To your point I think this type of project is so needed throughout our country and is, obviously, a great addition to kind of that medical area that's kind of sprung up around St. Luke's. I'm just curious if -- because I don't know when we will -- if we will see you again on this. Hours of operation. Any -- I was thinking of anytime I have ever went for surgery I got to be there like at 3:30, 4:00, 4:30 in the morning. Same type of approach with this business model? Telford: Yeah. Hours of operation fall within the guidelines for limited office, which I believe at 6.00 a.m. to 10.00 p.m. is regular hours of operation, Monday through Friday. There will be limited operating hours outside of those hours for cleaning staff, for -- on -- on weekends we may have some meetings for bariatric patients, who have had weight loss surgery and do support groups on the weekends. Other than that -- and we -- there Meridian City Council March 17,2020 Page 21 of 53 -- we may in occasion of a customer that has to stay later, just as medical needs permit. But regular operating hours will fall within the -- the guidelines. Simison: Thank you. Cavener: Thanks for being here. Appreciate the project. Telford: Okay. Simison: Council, any further questions for the applicant? All right. Telford: Thank you, everyone. Simison: Thank you very much. This is a public hearing. Do we have anyone signed up to testify? Johnson: Mr. Mayor, no one's signed in in advance. Simison: Okay. No one's signed up in advance. Is there anyone in the audience who would like to testify on this project? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we close the public hearing for H-2020-0013. Cavener: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? All those in favor signify by saying aye. Opposed nay. MOTION CARRIED: ALLAYES. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve Item No. H-2020-0013. Cavener: Second. Simison: I have a motion and a second to approve the item. Is there discussion on the motion? Hearing none, all those in favor signify by saying aye. Opposed nay. The ayes have it. Motion approved. Thank you. Meridian City Council March 17,2020 Page 22 of 53 MOTION CARRIED: ALLAYES. B. Public Hearing Continued from March 10, 2020 for Graycliff Estates Subdivision (H-2019-0129) by Star Development, Inc., Generally Located South of W. Harris St. and West of S. Meridian Rd. 1. Request: Modified Development Agreement to update the development plan for the site consistent with the proposed preliminary plat and conceptual building elevations; and, 2. Request: Preliminary plat consisting of 202 building lots, 15 common lots and 4 other lots on 52.46 acres of land in the R- 8 and R-40 zoning districts. Simison: Item 6-B is a public hearing continued from March 10th, 2020, for Graycliff Estates Subdivision. I will turn this over for staff comments. Hood: Thank you, Mr. Mayor, Members of the Council. As you just mentioned, Mr. Mayor, this project was continued from last week to get some clarifying information from the West Ada School District and the Fire Department. I will turn it over in just a second to Chief Bongiorno, but I do want to provide you the updated information from the school district. I'm going to slide -- so, as you can see on the screen we did receive some supplemental information from -- and this is in the staff -- updated staff report that Sonya prepared as well, but we did receive some updated enrollment information from the school district. Hopefully this answers some of the questions you had last week from them. Maybe we should just jump back real quick. It wasn't that long ago, but just to reorient you, the project is on the -- about a quarter mile west of Meridian Road, south of Harris Street, between Amity and Victory Roads. So, there is the updated school district information. Like I said before, I will turn it over to the chief unless you have any questions on school district enrollment information or anything else I guess in the staff report for that matter. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just checking. I had sent a series of follow-up questions. Did the school district respond to those? They -- they -- I was -- they were hopeful in nature of hoping what we would ideally receive. I do appreciate the update. I think it is very helpful. But I was curious if they provided any further detail. Hood: So, Mr. Mayor, Council Woman Strader, I have not seen that, but I did not ask Sonya if there -- if some of your other questions, comments, concerns were addressed by them or not. I will provide that if that's the case, but I am not privy to the real answer there, but I will do some further digging. Meridian City Council March 17,2020 Page 23 of 53 Nary: Mr. Mayor, we did provide that to Ms. McKay, too, so she may have information from the school district as well. Simison: Are there any further questions for staff at this time? Okay. If the applicant would like to come forward. Bongiorno: Excuse me, Mr. Mayor, would you like me to go ahead and put my two cents in or wait until she's done. Simison: Okay. Why don't you go ahead. Bongiorno: Okay. All right. So, I apologize for not being here last week. I was at a conference learning about the fire code and the building code. So, my original report was written back in November and so since that time a lot has changed and with that new response time map that we had that came out, I went ahead and rewrote my report from when I was sitting in Las Vegas and so you -- you all should have in the staff report are my updated comments. So, at this point we are good with the response time. At this time the reliability rating -- Station 6 is now open. At the time when I initially wrote my first report Station 6 was not open yet. So, six is open. We don't have a reliability rating yet on that station, as it just opened. Probably by June we should have a reliability rating where it's going to be sitting. My -- my -- I would imagine it's going to be pretty high. So, I don't think we have a response reliability issue at this point with that project. I have been in communication with Becky for the last four days and the only really outstanding problems -- project -- issue, I guess, that she's working on is just secondary access. The problem is is you have Kentucky Ridge that comes up and you have Harris that comes in and the problem is they both converge to one point and so with the accesses that are proposed they are too close together, we don't meet the half the distance of the diagonal rule and so she has been working with Conger -- Mr. Conger to create a temporary secondary access and Becky can talk about that when she comes up. And, then, one other comment that I sent to Council also is Scott Colaianni -- Lieutenant Colaianni and I both had concerns when the first project came in, Mr. Conger's project, that we had concerns with not having a light at Harris, just because making left turns -- the other problem is you are cresting a hill and you are coming down a hill right at Harris and so the people coming up Meridian Road at 55 miles an hour and, then, you have got people making left-hand turns, it's going to be a very dangerous intersection and so with Stapleton coming, the multi-family coming and this project that's kind of all together, that intersection is going to be rapidly overwhelmed and fire and police both have concerns about not having a signal. Simison: Thank you, chief. Council, any questions? All right. Becky, now would you, please, come up. McKay: I'm being safe. Look at that. Thank you, Mr. Mayor, Members of the Council. Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian. I'm here representing Mr. Centers on this project that's before you, the Graycliff project. As Caleb indicated, we were deferred for one week to obtain additional information for the Council Meridian City Council March 17,2020 Page 24 of 53 in order for them to make a determination on this project. One, Mr. Yochum indicated that the letter that was sent and was part of the staff report was outdated. We all kind of questioned why -- why wasn't Victory Middle School in there when we know it's operational right there on -- on -- on Stafford -- or Strat -- Stafford Street. What is it? Stoddard. Stoddard and Stratford. I always get them mixed up. And so I e-mailed Joe myself. The letter was shot out. Sonya beat me to him. Joe indicated that -- as you can see on the overhead, that--that Mary McPherson has a capacity of 500. However, during the 20-21 school year they are increasing that capacity to 600. They currently have an enrollment of 551 . Victory Middle has an enrollment of 971, with a capacity of a thousand. Meridian High has an enrollment of 1 ,994, with a capacity of 2,400. The other thing that -- that we received that we did send over to the staff was the -- the West Ada future school map, which indicates that Blue Valley Elementary is -- they already have the school site within the South Ridge Subdivision. They have had that school site for many many years. When I initially had met with -- with the Meridian -- or it was Meridian School District at the time -- they had indicated they did not want a site within our project or within any of Mr. Centers' projects due to the fact that they already had the middle school site there for Victory Middle and that the Blue Valley Elementary site was proposed within South Ridge. We did get a copy. They already have a site plan for Blue Valley Elementary. They have an engineer architect online. The e-mail I received from Joe Yochum said that it is in the bond issue for May and that they believe that with the addition of that elementary site that they will be able to adequately serve this area and these proposed developments. Secondly, the question arose as far as the response time, because we did have some variation in what Chief Bongiorno had in his initial November comments and what we have today and now that Station 6 is online and operational. As -- as Chief Bongiorno indicated, the response time is good. We fall within the five minute boundary as their goal and so that's -- that's good news. The secondary access issue -- initially we did meet with the adjoining development, the Stapleton Estates, which is currently under construction. I met with Mr. Conger. Mr. Conger did -- we had initially asked for a public street connection. I also contacted Ada County Highway District, sent them a lengthy e- mail stating that we would like to have some interconnection of our public streets. Ada County Highway District, Christy Little, e-mailed me back and also called me and said that their primary concern with a public street connection was the fact that Harris is the mid mile collector with the anticipation that that will be signalized. Our project will be participating in the cost of that signal to the extent of approximately 31 ,500 dollars and, then, Stapleton will be participating 25 percent of the cost of that 250,000 dollar signal, then, the projects to the east, which is the Cavanaugh Ridge, they are going to be the east leg of that Harris Street signal. They will be participating and so according to Mindy Wallace, the Ada County Highway District already has all parties in agreement accepting those conditions of approval for an extended period of time, that they all will participate. When the warrant for that signal is triggered, then, ACHD, whoever triggers that warrant, whether it's my client, whether it's a Stapleton development, they will be responsible for installing that signal. All of the backbone for that signal has been installed and Mr. Centers has already, with his Biltmore project, been required to -- he's installed a southbound decel lane to turn into Harris. We have also installed a left-hand turn, right-hand turn where we were -- we had the room within the right of way to expand that and Mr. Centers was required by Ada County Highway District to run fiber optic from the Amity -- existing Meridian City Council March 17,2020 Page 25 of 53 Amity signal to the future signal at Harris all the way down to Victory and the reason being is there was an existing fiber optic line, it only had ten feet of excess cable and in order to widen the intersection so we could have a left out and a right out, we had to move that signal box over, that feature box, so we had to run a mile of fiber optic cable. So, we have -- we have, obviously, been doing what we can. He has been spending his money to make sure that everything's there for that signal. When that warrant is met it's going to go in. I agree with Chief Bongiorno that as we get more traffic on Harris Street that warrant will be met. I think there is only about 400 -- 400 trips right now or less than that, but we are, obviously, cognizant of the need for that signal and we are participating financially to make sure that that happens and, like I said, when that warrant's met ACHD will require it. As far as the secondary access, I met with Mr. Conger initially when he had his first concept plan that he submitted to the City of Meridian. We worked out an emergency vehicle access, since ACHD did not want us to have a vehicular permanent access. Then the Council asked him to redesign his project. When he redesigned his project it kind of shifted that emergency access a little bit further north. When Chief Bongiorno looked at that interconnection for the emergency access he wants it further south. So, we are working with Mr. Conger. We will continue to work with Chief Bongiorno to meet the requirements of the International Fire Code for the secondary access. If we can't meet that, then, we are capped at three dwelling units as -- according to the International Fire Code. Lastly, the question came up about the -- the park -- future park site. I did receive an e-mail from the Parks Department. They want to start that dialogue as far as getting that parks agreement in place for the neighborhood park. I did look at my calculations. I think Councilman Perreault asked me the question, okay, if you don't develop the 1.69 acres that is a component of that overall park site, where do you stand in your percentage of open space, because we have a little bit over 17 percent. I pulled that 1.69 out. I'm at 14 percent open space. So, I still exceed the required ten percent. The neighborhood park -- I didn't -- I did not have this information for you when I was here before. It is going to be 10.93 acres total. That is with the neighborhood park. 8.24 acres comes from our Brundage development that Mr. Centers has and we already have approval for that project. One acre comes from the Biltmore project, which we already have entitled, and we have two, three phases built. And 1.69 acres comes from Graycliff. In looking at that we want to develop that in its entirety, because we do have to pipe a portion of the Sundell Lateral through that property. We will also have to work with the Parks Department as far as elevations, the type of irrigation system, the type of seed they want. So, we have agreed with the Parks Commission that we will -- when we get all the components put together and get to that point we are going to put the sprinkler system in, we are going to green it up, we are going to get it rolling and, then, when their budget allows for them to take it over and, then, they will have it. We have a concept plan that's on it-- on the parks property based on the plans that they gave us to model, but, obviously, your parks and what your needs are change over time. So, I assume that when we reach the point that we want -- that we are going to develop the park, they may want a little bit of tweaking to that concept plan. We have got a good project here. We comply with the medium density. What we are doing here is, obviously, trying to stay competitive and meet the needs of the marketplace. We have a project that's just to the east of us that has almost seven dwelling units per acre. We are at 4.89. So, we are not pushing that envelope. We are within the parameters of that medium density residential for single family. We have upped Meridian City Council March 17,2020 Page 26 of 53 our open space. We have improved our amenity to be a pool facility and playground facility from just a playground and I think we had bocce ball. We still have 1 ,668 linear feet of multi-use pathway that we will install. We requested that the Council allow us to install it with phase four. We have been in contact with the Williams pipeline. We anticipate that they are going to come through and do an upgrade. So, we need to allow them to have an opportunity to do that. Mr. Centers does not want to install that too early. So, we ask that the Council give us that latitude to install the multi-use pathway and the Williams pipelines 75 foot landscape corridor with our phase four. Obviously, if they get in there before that and Mr. Centers decides he wants to move that forward, we just don't want to go ahead of the Williams pipeline. We ask the Council for their support. We think we have got a great project and we are excited to get going. Do you have any questions? Simison: Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I just wanted to clarify my question. Thank you for answering my question about open space. But the piece of that that was significant for me was that once or if this were to become a community park and, then, in my mind it's no longer an amenity that belongs to that -- to your development, now that's something that belongs to the whole city and I would be hesitant to -- you know, I feel like it's important that whatever open spaces are included in each of these applications in this whole area still meet that minimum outside of what is going to be -- of the 10.93 acres that -- that will be the neighborhood park, because, again, to those residents that's not an amenity that's just exclusive to them at that point. So, that was -- that was the purpose of that. So, thank you for answering that question for me. I wondered if you could give some time frames on -- on the light at Harris. I know that that's not set yet, but it sounds like the -- all of the players -- the players are identified, the funds are going to be accessible, any idea on when that installation occurs in relationship to your project development. What phase it might be in. How many homes do you think will be completed at that point. McKay: Mr. Mayor, Councilman Perreault, in my conversations with Ada County Highway District, the critical thing to the light was getting additional right of way for Harris to the south within the Stapleton development. The previous council members placed a condition of approval on Stapleton that they could build phase one and have a collector going directly out to Meridian Road, but phase two had to include a secondary connection and expansion of Harris Street. So, that is going to be the prerequisite to that signal going in. We, obviously, can't signalize an intersection that we can't build out as a full blown collector. We have done as much widening as we can with the existing right of way and that was kind of a throwaway, because the final expansion will take place with Stapleton. So, ACHD, in my conversations with Christy Little and Mindy Wallace have said that they were -- they are going to be monitoring Harris and those traffic counts. Obviously, the north-south warrant is met with the high volume on Meridian Road. It's the fact that we only have a west leg of Harris. You are going to see that when that east leg of Harris Meridian City Council March 17,2020 Page 27 of 53 comes in, but -- but ACHD has already, you know, indicated that that's a 250,000 signal and that they want it to go in, obviously, sooner than later. They see the importance of that mid-mile collector. So, I -- the warrants are a complicated thing. There is, you know, I don't know, 25 different criteria that they evaluate to meet the warrant, so for me to say, oh, you know, when I hit my -- my 50th house I'm going to trigger the warrant, I -- I can't say that, because I don't know how many homes Stapleton is going to have occupied. Their first phase is under construction, so I assume they will be online here probably early summer and they may trigger the warrant with the second phase. We are required with our first phase to put up all of our proportionate share. With our first phase. Because ACHD wants those monies there, so when it's triggered the monies are there and it can be spent. So, you know, I want to assure the Council that, you know, we have -- we have stressed that we want the signal, too. Obviously, it will help our sales and create relief for Kentucky Way, because, you know, some people are using the Kentucky Way to get down to Victory, so they can go out to Meridian Road and make a left-hand turn. Right now the current volumes do not meet the warrant. Thank you. Simison: Council, any other questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Becky, thanks for coming back for another week working with us to get that -- more clear data I guess I should say. I know the conversation about the park is -- is really for another day, but you indicate in your testimony that the Parks Department is telling you they want to move forward, then, with taking it as a city park? Is that what I heard you say? McKay: Mr. Mayor, Councilman Cavener, the e-mail that I received is they want to get the agreement in place, so that the criteria, the timing and -- and all the provisions of what my client's providing and the timing of when the city parks' budget allows it, everything will be memorialized in that agreement, which I do believe my client signs and it has to be approved by the Council after the Parks Commission approves it. So, that's what they want to move forward. Cavener: Great. McKay: And -- and that this will be kind of a -- you know, what they call a jewel in that multi-use pathway that's going to run all the way from Meridian Road over to Linder, so that will be, you know, a central activity center. We are allowed to put like benches along the multi-use pathway. I can't plant trees, but we do have to mitigate. We have an alternative compliance that was approved by the Council with our original design. So, every tree that I can't plant within that Williams pipeline I have to put in the park. Cavener: Okay. Meridian City Council March 17,2020 Page 28 of 53 McKay: Or either give the park the money. Simison: Council, any other questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Becky, would a condition with regards to the pathway be acceptable that says the pathway is to be done during phase two unless the pipeline upgrade is not completed, at which point it would be in phase four? It would seem to be -- it sounds like the intent is to do it in phase two if it was possible, but let's not be wasteful and have it done twice, which makes total sense, so -- McKay: Mr. Mayor, Councilman Borton, Shari Stiles, our other planner at my office, has been in contact with the -- the Salt Lake Office. They have a new gal that's in charge. She had indicated to Shari that they are running behind schedule. She could not give us any definitive date. Although they have -- we have -- we have provided them all of our site plans. I even -- I even gave them other maps of projects along that -- that corridor of their pipeline, so they can plan ahead. I did that four years ago and we have seen no design, no timeline. So, I guess, you know, from my client's perspective he would like to leave it at phase four, because he just -- he's just concerned that, you know, they are -- they are -- they are not -- they don't move quickly. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: We might have not connected on that. I think I was just trying to find a middle ground that if the stars aligned and things got done quicker, then, there would be an opportunity to do it earlier, but yet you are not boxed in with the earlier requirements. So, if it was you would do it in phase two, unless the upgrades are not yet completed, at which time that it would, then, be phase four. McKay: And I guess -- we did talk about that. We talked -- my client and I spoke about that on the phone. We didn't have a face-to-face meeting, because it's not recommended, but we talked about that on the phone. We have to pipe some additional Sundell Lateral that's north of Harris. It also includes -- because that -- that -- not only does that multi- use path go -- okay. This will work. Not only does that multi-use pathway go along here, but it goes north of Harris and so we have piped the Sundell Lateral from -- from here all the way up to this point. So, we have additional piping that needs to take place and so the multi-use pathway goes through here to the park site. If I install this section, the discussion we had today Mr. Centers says where does it go. I mean until we get the 10.98 acre park site developed it would just stop right here at Harris. So, it's not-- I guess not leading to anything or -- so, his opinion is he thinks that it is best that he include that multi-use pathway with the multi-family component and the question also was brought up Meridian City Council March 17,2020 Page 29 of 53 about the multi-family component. We do have a condition of approval that says that all of our marketing information, our concept plans shall show the multi-family, because I think one of the councilmen said we want to make sure that the single family residents are fully aware that that multi-family component is already part of the DA, that it's already zoned R-40, so there -- we have two conditions in there that address that to make sure that we communicate that to all potential buyers. But we -- Councilman Borton, we would like to leave it within phase four. Borton: Got it. Okay. McKay: Thank you. Simison: Becky, just to follow up on that question. Under that type of scenario are you saying that until the Williams pipeline is approved phase four will never be completed? McKay: Well, I think -- I think that's obviously going to kind of hinge on that. I mean it's kind of a chicken and egg thing, because that is, obviously, part of -- you know, part of our -- one of our amenities in addition to our pool facility and our playground, that the multi-use pathway is one of our amenities. So, you know, we are, obviously, going to stay on them. We have started our -- you know, a dialogue with this new representative out of Salt Lake. I'm trying to get them to be proactive. I have talked to them about Meridian and the growth that's taking place and so to answer your question I kind of think we -- you know, we might have to -- we may have to wait on them. Simison: Because the next question I would ask -- if that's the case what's your open space percentage without phase four completed if it were to be ten years. McKay: Mr. Mayor, I don't believe it will be ten years. Simison: You had already said it's been four years and you haven't -- McKay: It's been four years. Simison: -- heard back. So, just -- just curious if that's the case what -- what's the scenario for phase one, two, and three with phase four never being done and no open space being put into that area? McKay: The way the representative explained it to us is once the rooftops start going up that's when it triggers their design teams to start a design for their upgrade and, then, it goes into their budget. So, one of the comments was that they were X number of home -- I guess is a trigger point within a certain radius. I don't believe it will be ten years from what -- the information they have given us. Four years have gone by. We haven't put any homes next to it. Neither has Stapleton. So, the gentleman that I was working with out of Salt Lake said, you know, whatever information you can give me will help me argue to my superiors to make this a priority and we have provided them additional information beyond our own project to show what's happening in south Meridian along this corridor. Meridian City Council March 17,2020 Page 30 of 53 So, now that Stapleton is under construction they are going to have to get off the dime. I don't see it dragging out ten years, sir. Hoaglun: Mr. Mayor? Simison: I'm going to refrain from my comments on that and I will -- Councilman Hoaglun. Hoaglun: Mr. Mayor and Becky, your comment about the chicken and egg -- I have been mulling over Councilman Borton's, you know, well, if it happens sooner we have to wait until phase four, why not phase two or upon completion and, then, I thought, well, what about if we condition that in the -- in the event that Williams pipeline comes in, they get it done, and upon -- that would go in upon the start of phase four, because, then, if they have completed that, you can go ahead and start phase four, there is the chicken in the egg. If the egg has hatched, you're going to have a chick here pretty soon and, then, you can continue building with that. So, it -- we don't have to wait until the completion, but we now know, okay, they have completed their portion of it, they are done, you guys are moving forward and maybe that's -- that's the way around all this. I don't know. McKay: Mr. Mayor, Councilman Hoaglun, my client is agreeable to that. Yes, sir. We, obviously, you know, want to make sure that we get our amenities in in a timely fashion to provide as much recreation for this section as a whole, the community as a whole, and not just our own development. Simison: Councilman Cavener. Cavener: Mr. Mayor. But, Becky, to that point, though, if -- we have heard tonight is it is possible that phase four never begins --so, if phase four never begin building the pathway at the beginning of a phase that never is actually going to begin, we are still back at this same place with the chicken and the egg. I guess to further refine that -- and to me -- what everyone is trying to get at is we want to make sure this pathway is built. I think that you have got a Council that's sympathetic to the issue that you have presented of concern, which is you don't want to build this twice and I'm sympathetic to that, but being very frank for our community's standpoint, I would rather it be built twice, then, never built at all. McKay: Yes, sir. Cavener: So, help us get to a place of comfort where we have a good understanding that this is going to be built in a relatively shorter time frame. I recognize what you are saying, it's not going to be ten years, so help me understand the when, so that I can get a greater level of comfort around this pathway issue. Mr. Mayor? Simison: Councilman Cavener. Cavener: Take a ten minute recess so -- Meridian City Council March 17,2020 Page 31 of 53 McKay: Yeah. Can I consult with my client? I don't want to make me commit on his part, it's his money, not mine. Simison: Yeah. Council, let's take a ten minute -- we will reconvene at 7:45. McKay: Thank you, sir. (Recess: 7:35 p.m. to 7:46 p.m.) McKay: Mr. Mayor, Members of the Council -- Simison: All right. I will call us out of recess. Okay. Yes, go ahead. McKay: Thank you, Mr. Mayor, Members of Council. Becky McKay. Engineering Solutions. So, I did consult with -- with my client Mr. Centers. I did consult with Caleb on the Planning Department and their ability to track it. So, what -- what we would like to do is prior to any occupancy of any building permit within phase three, we will install the pathway if the Williams pipeline has already done their upgrade and that they -- Caleb has indicated they can track and put in as a solid condition that would not be missed. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Thank you, Becky, for that clarification, willingness to do that. One question. If -- hypothetical. If that does not happen are you still willing to do it at the beginning of phase four like you mentioned earlier? McKay: Yes, sir. Bernt: Okay. McKay: Absolutely. At the latest. We will just have to do it. We are not going to allow ten years to -- we will just have to do it. Yes, sir. Cavener: So -- Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you. Appreciate -- I'm glad we are all on the same page. Ten years doesn't make a lot of sense. Are you and your client comfortable, though, with a date certain to be built by? If it's not on -- if the pipelines is not done -- when? I mean I think that's -- that's the big question. If the pipeline doesn't get built and you're not moving forward with phase four, because you said you don't want to move forward with phase four until the pipeline is done, then, to when? Meridian City Council March 17,2020 Page 32 of 53 McKay: Mr. Mayor, Councilman Cavener, in my conversations and my staff's conversations with the Williams pipeline, they are assuring us that they are getting ready to start design. They indicate that they are -- they are within 27 building permits or 27 homes and, then, that triggers their upgrade. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Becky, I'm -- I'm not trying to jam you up, I'm just trying to get a -- a clear of an answer as possible. McKay: So, I would like it -- Cavener: Because arguing with you is not with them. McKay: Yep. Cavener: So, help me understand. McKay: So -- so, based on the information they have given me that their backs are up against the wall, they have to take action. They have not taken any action even though preliminary plats have been approved along the corridor. The trigger is when the homes actually physically go up. That's when, under federal regulations, they go in and they do their upgrade and go to a class one pipe is what they call it. Secondly, we will construct it -- our pathway, hell or high water, with phase four at the latest and phase three -- if the pipeline's upgraded, then, prior to any occupancy within the phase three we will install it. So, we have got -- you don't like that? Do you got a better idea? Cavener: I just would like my question answered, Becky. I'm not trying to -- to go rounds with you here, but I'm asking for a timeline and I'm not getting that and that's really frustrating -- McKay: Oh. A timeline. Okay. So -- Phasing. Phasing, not timeline. Simison: If I could -- if I could help maybe -- Cavener: Please. Simison: -- from that standpoint. I think the concerns -- I think before it's ever built you're essentially asking for approval for never having to build this. I think that's the end result. So, the question that you feel so confident in your assurance what you are hearing from Williams pipeline, I think Council is looking for an assurance on a date, because if the houses start going up and you tell us they must do under federal guidelines, it sounds like you should be able to give me an assurance, based upon the assurance that you are Meridian City Council March 17,2020 Page 33 of 53 receiving from Williams pipeline is a date that you will construct this open space pathway, even before phase four were it never to be built. McKay: Mr. Mayor, Councilman Cavener, I see what you're getting at. So, our -- our timeline is to roll into design right now on phase one and, then, Mr. Centers -- we have -- typically we build a phase a year. So, phase -- we have got three years for phase one, two, and three, based on -- that's based on current market conditions and what he anticipates for the absorption out there. So, three years. Obviously, the multi-family component, he's had people that have been very interested in it. He's also contemplated building it himself and he likes to keep his projects, obviously, within his building team and so I -- we will be coming back with a conditional use permit on that -- that multi-family. The Planning and Zoning Commission said -- their comment to us is we would like to see that sooner than later, because we know the more rooftops that go up, obviously, the more troubled people become about those conditional uses for the multi-family. So, we are cognizant of that. So, I don't think you need to be concerned that we are going to push that out a long ways. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Becky. Is there -- maybe to speak to Council Member's question. Is there just a very very generous outside date that's like a no brainer that you could agree to that -- by a certain date you will -- you will build it. I mean that's what I'm wondering is -- isn't -- isn't there like a commercially reasonable assumption we could make about really an outside date where -- where you could agree to -- or your client could agree to build it by? McKay: Mr. Mayor, Council Woman Strader, I wish I could give you a definitive date, but I don't control the Williams pipeline. Now, all I have to go -- all I have to go off of is what they are telling me out of their Salt Lake office, which is in charge of this. I mean in -- you know, by 2024 that pipeline is going to be in. I don't know. I -- I think so from what they are telling me that they have got to get off the dime and get under design and put this in their budget and get it done. Strader: Mr. Mayor, follow up. Simison: Council Woman Strader. Strader: I guess I'm just -- I'm just trying to brainstorm, but I'm thinking, you know, there should be some date that clearly is far outside of any of your phasing plans that -- if seven years from now or something -- or eight years -- I hope that that's not the case. It's not like a ten year delay or something goes wrong, but we don't know -- you know, we can't control the future. We don't know what's going to happen. I think Council would just feel good to know that one day it's going to be built no matter what. I don't want to speak for everybody else, but I'm just trying to brainstorm is there some outside date that -- that's Meridian City Council March 17,2020 Page 34 of 53 just really easy for everyone to agree on, because, you know, by that point it's all figured out. Simison: And if I -- I think that there -- that is where we are really getting to. Because, otherwise, you are essentially asking Council to approve a subdivision that could never have open space, other than a community pool. If phase four never gets built ever -- which is a possibility, especially if your client sells it, this subdivision is left with zero no open space out of -- out of their control. Simison: Also -- let's take some public testimony if there is anyone -- McKay: 2025. 2026. 1 guess I would leave it up to the purview of the Council. I mean -- Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. McKay: I'm -- I'm trying. I'm trying. I'm trying. Hoaglun: Mr. Mayor and Becky, I'm just trying to make sure I understand your -- your offer. Prior to occupancy of phase three and with completion of Williams pipeline -- McKay: Yes, sir. Hoaglun: So, if -- if they don't complete it -- I'm trying to figure out -- prior to occupancy of phase three, there is no occupancy of phase three. Is that -- is that the logical -- I mean -- or if they don't complete it -- prior to occupancy of phase three -- because I can read this a couple ways -- and with completion of Williams pipeline you will do it. The alternate -- the converse kind of is if you want to move forward with occupancy of phase three you will put the pathway in. I -- I wasn't sure which way to go with that -- with that statement. So, can you enlighten me a little bit on that? McKay: Mr. Mayor, Councilman Hoaglun, so I think what -- what we -- what we are trying to do is that if the Williams pipeline upgrades it, then, we will install the pathway and the landscaping along the 75 foot corridor prior to any issuance of an occupancy within phase four. If -- Hoaglun: Four? McKay: -- if at that time there is no upgrade, then, we will have to install it with phase four. Hoaglun: Thank you, Becky and Mr. Mayor. Just to follow up. Yeah. You meant phase three -- Meridian City Council March 17,2020 Page 35 of 53 McKay: I mean phase three. Hoaglun: And then -- McKay: Phase four. Yes. Sorry. I have been up for 17 hours. I worked 17 hours yesterday. Sorry. I'm trying to get my people all working remotely and it's been a chore. Hoaglun: So, it's just a matter of the phasing. We understand that -- McKay: Yes. Hoaglun: -- typically it's -- it's phase one -- a phase a year approximately, you know, and, of course, understanding, too, when I served previously in '09 and '10 those were not good times and I thought the only thing Council did for the longest time was approve extensions of plats, because no one was building anything and it was for a couple years, so -- and if you don't have the roof tops I guess you don't have the people there to -- to utilize the pathways. So, I -- I'm not quite so hung up on saying it will be done, but if there is development we want it done by -- and that's why I was trying to work with the -- with the phasing and make sure that fits with the rooftops, but -- and I -- I think -- I think we are close, but -- McKay: Yes. Hoaglun: -- we just need to make sure we are all on the same page. McKay: And for -- and, Mr. Mayor, Councilman Hoaglun, from what their representative in Salt Lake has told us, the Stapleton phase one development will -- when those homes go vertical, that will trigger it. Then they have to -- under the federal regulations, then, design and upgrade, because that -- that defines their classification of the pipe, whether it's in ag ground or urban ground. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Follow-up on Councilman Hoaglun's clarification of that condition and your earlier remarks would something be satisfactory that the -- the pathway would be fully installed and developed at the earlier of the condition that Councilman Hoaglun described or September 1st, 2025? McKay: Yes, sir. Borton: Whichever were to occur first -- McKay: Yes. Meridian City Council March 17,2020 Page 36 of 53 Borton: -- it would be complete by. McKay: Yes, sir. Borton: Okay. Thanks. Hood: Mr. Mayor? Sorry, you guys are making such progress there. Just letting you know we don't have like some magic light bulb that goes off September 25th, 2025, if it hasn't been -- and, then, I don't have a stick to hit her with to say, hey, it's not done. So, I don't know what the expectation is there, just -- it could potentially be a condition that I can't enforce, because I don't -- there is no trigger -- there is a date; right? But I don't have a real -- I don't have a hammer or anything to do or -- withhold -- we can withhold occupancy or building permits or not sign a plat. When a date comes I don't have anything, but to say, hey, remember that paper you signed. Simison: To that point -- and that's -- my concern -- again I don't have a vote, so this is all what you guys want to do, but tying all the open space to -- to the phase four, which may or may not be built by this developer as part of this phase -- and, granted, any phase could be sold off -- that's a real challenge to approve a subdivision with that situation. I understand the -- you meet the roof tops and whatnot. My recommendation would be at least to include it as part of phase three. At the start of phase three, because that would give the planning department the ability to withhold permits at that point in time. Strader: Mr. Mayor? Simison: My food for thought. Council Woman Strader. Strader: I -- I think I was tracking with what Councilman Borton was saying, perhaps tying it to the early of -- earlier of these three and some outside date and I do appreciate there is an enforcement question, but at the same time I mean you're a long term developer in our community and I think you know -- you have got -- you guys have met your promises before, it sounds like you have done a great job in the past based on Councilman Hoaglun's comments, so, you know, I'm sure that you will know that to continue to do business in Meridian you need to meet your obligation to the city and I can hang my hat on that. McKay: And, Mr. Mayor, I think Council Woman Strader has a good point, Councilman Cavener has a good point, when we submit the final plat, the construction plans and landscape plan for phase three we will know if that -- if that's been updated. So, then, I guess we can -- when we bring -- we got to come back before you with that final plat, so, if I come before you with that final plat and they have still not updated or upgraded that facility, I mean, then, we can have a discussion is it appropriate that we wait or just put it in and say let's just put her in, because you guys have another shot at us on that phase three, so -- Caleb, I don't know if you have got some verbiage -- Meridian City Council March 17,2020 Page 37 of 53 Hood: Madam Mayor -- or Mr. Mayor. Sorry. Just kind of playing off of Becky's scenario there, if that's agreeable to the Council, I mean I would -- you can almost word it, then, that it would be included with phase three and, then, give the option for the Council to not require it with phase three approval if it's not been, you know, improved by Williams pipeline at that time. So, it's -- so, include it, but the Council has the right to not require it if it's not quite done, if that makes sense. McKay: That makes sense. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: We are making sausage in this. It sounds -- I thought that -- whatever this condition would be would be part of their DA mod -- McKay: DA mod, yes, sir. Borton: -- part of this; right? So, these conditions would be put into today's DA modification. Hood: Yes. Borton: So, you would at a future date -- so, if we said, for example, you are going to do it in phase three period and that's the DA and it were to go forward, you would, then, perhaps in 20 -- some other future date if you choose -- make a new application to modifying it again and try and remove that obligation for whatever reasoning. Is that, Mr. Nary, kind of what would happen? I don't know how the plat itself would do it. Nary: Yeah. Mr. Mayor, Members of the Council, Council Member Borton, yeah, this is -- this is all around the condition that was the outstanding one left from the Planning and Zoning. So, it is what -- the condition in regards to when the multi-use pathway has to be built. It would be a DA provision, but as Caleb has stated, again, without having some method in which to track it and, then, also do something with that, then, it's very difficult. An imaginary date doesn't really help. So, based on phasing, based on building permitting, before occupancy, those are all triggers that we need. It would go into the development agreement. The plat -- a plat note is nice, but, really, from the enforcement tool we really need the DA to reflect that. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: What would be the language in a -- in a DA that is the enforcement tool? Meridian City Council March 17,2020 Page 38 of 53 Nary: The language -- Mr. Mayor, Council Member Borton, the language would be prior to occupancy, when building permits for each 30, when -- before -- before the beginning of phase four -- anything like that that's a trigger. I don't know if Caleb has one that he prefers, but anything like that that's a trigger for them to -- I know we have issued building permit 37, 38 requires this. We have issued -- were you going to issue occupancy, this requires this. Something like that. And, again, I'm sure Becky has suggestions, but that type of trigger in the development agreement, because, again, 130 of these homes can be built without anything today. They were already approved. So, we are talking about 65 homes 'ish. Or 66. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: That's the trigger that you are recommending is no CO in phase three until it's built. McKay: Yes, sir. Thank you. Simison: Okay. This is a public hearing. Is there anybody that would like to offer testimony on this project? Johnson: Mr. Mayor, Suzy Hutteball is here. Simison: If you would come forward and state your name and address for the record, please. Hutteball: Good evening, Mr. Mayor, Council Members. My name is Suzy Hutteball. My address is 573 West Oak Springs Drive, Meridian. Thank you for allowing me to speak again. I did talk last week a little bit about the school. I did go down to West Ada and talked to some people there. It's been, obviously, a crazy week for them down there with everything, so it was a little bit hard to get ahold of some people, but I did get a couple of letters that I do think that you already have, but Stapleton is 220 and, then, with this -- a Biltmore phase and, then, this new phase we are talking 382 total. When I talked to Kim that actually does these letters, she said that usually when you ask for something it's only based on that certain subdivision, so I did just want to make sure that we know that's a lot of homes in the same area that are going up right now. She did explain to me that they feel like they have asked for a reprieve before and that may feel a little beat down I guess. So, I just wanted to say we love living in Meridian, we love having this community, there is a lot more to it than just growth of houses, I believe, and we do need to make sure that our children continue to have that excellent education that we have -- schools that they are in and that we don't wait until we are 700 over capacity, like Rocky Mountain has been dealing with for a long time now. So, I didn't get to talk to Eric Exline, but she did mention to me that he had wrote a thing for KTVB or 6:00 On Your Side last year and so she sent that to me and it does just explain some of it from his point of view that I guess it still stands. He said it becomes a problem when you -- your stage becomes a Meridian City Council March 17,2020 Page 39 of 53 classroom or at an elementary school where their auxiliary gym they put a temporary divider between it and that was a fourth grade on one side and a fifth on the other and the growth is not stopping. Eric said more than 14,000 home sites have now been approved across the entirety of West Ada. That's a big number. That's 11 ,000'ish future kids that will show up when those houses are built and sold. This is adding pressure to a district that's already been under strain from overcrowding in its major high schools and, then, it just goes on to talk about -- and it said Rocky is about 600 kids over, Mountain View 500 over. So, things are coming into place with Owyhee and -- but I would just like to point out that I just want our kids to be important and remembered as we put these houses up and just hope that West Ada can actually keep up with that, rather than try to catch up later, and our kids are the ones that are paying the price for that, so that's all I want to -- Simison: Thank you. Hutteball: Thank you. Simison: Council, any questions? Strader: Just a comment. Simison: Council Woman Strader. Strader: Thank you for-- for saying that and that really speaks to what's in my heart right now about West Ada and, you know, I -- I know -- we all are keeping that in mind and clearly the bond that they are trying to issue is going to be really critical. I think we all know that and there is no doubt that if the bond fails that they have no way to build more schools, that that would be a factor that would weigh heavily at least for me on approving future developments. So, thanks for saying that. Hutteball: Thank you. Simison: Is there anybody else that wants to testify? If not, the applicant will come forward. McKay: I will be brief, Mr. Mayor, Council. I work closely with the West Ada School District. I have for the past 28 years that I have been coming before the City of Meridian. We have incorporated more school elementary sites, high school sites and middle school sites in our projects than any firm in the valley, because I -- my kids went to Meridian School District and I know the importance of--we don't have good communities and good neighborhoods without schools. Mr. Yochum has indicated to me that based on their projections that the charter schools, the private schools, are taking a lot of the new growth and so they did not meet their projections like last -- last year that they had anticipated and so he said that that did give them some relief, because they had -- their projections were far more than the number of kids that showed up. But, obviously, they are being proactive with -- with the school sites and the bonds. I'm working with Mr. Yochum on a Meridian City Council March 17,2020 Page 40 of 53 new elementary site in north Eagle that is essential that we are trying to -- we are -- we are planning as part of a large project off of Beacon Light and Floating Feather Road and so I'm doing everything we can -- I can and, like I said, people don't want to buy houses if there is no place for their kids to go to school and that's just a reality. So, we need to do what we can and I want to assure you that we work with the district as much as possible and I always encourage my clients if they have that ability and the property that has size, to donate school sites, discount sites, do whatever they can. I think I'm atone high school, one middle school and about five elementaries now in my career. Maybe six. I forgot. Lost count. But I'm proud of that. That's part-- that's -- it makes me feel good about what I do. Thank you. Simison: Thank you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: To frame one component of the discussion, the last remark that I heard from the applicant was the proposed solution as to the pathway, that the pathway will be installed prior to any certificate of occupancy for phase three, period, as being the trigger. So, as to that point question to Council if anyone has any specific concern on that being one of the -- should there be conditions of approval that that be one of them. I think it's 5.1 .M. Cavener: I'm good. Borton: Okay. Thanks. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Sorry about that. Maybe just to kick us off a little bit, because it's partially my fault that we delayed the last time. I appreciated the additional information from West Ada. I remain unsatisfied in terms of the amount of information I'm looking for, but I do understand that these are extraordinary times. They have a lot on their plate. I totally think that the school is an important thing for us to keep in mind going forward. It seems like we are getting very close to maximum capacity in this area. It appears that the elementary school can take on some additional students with its expansion. The houses are not all being built at once. They are going to be -- the students will be divided among the three schools. They will be phased in. Hopefully the bond will pass. I think, you know, the clarification on the middle school is very helpful for me. What I do appreciate about this project is that it is within our priority growth area in terms of having services there already. The fire response time seems adequate. And, really, the applicant has worked with the city to put in a lot of infrastructure in the past and I do think that the neighborhood park is important and I do consider that in addition to the open space, to be a big amenity that we shouldn't totally discount. So, I'm supportive of approval with Meridian City Council March 17,2020 Page 41 of 53 some of the conditions that people alluded to about the pathway. But that's just for my two cents. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Council Woman Strader just said something about parks and that brought up some of those mentioned earlier and Councilman Borton. Do we need to include anything about memorialized -- a park agreement should be signed or anything like that in this or is that something that just takes its place -- I mean it will happen as Parks works with them and they get that done. I -- I'm not sure about that. Bernt: Mr. Mayor? Simison: Council Member Bernt. Bernt: Because --this is --this is just my opinion. Because of the uncertainty of the future of open space in this application, because of in Williams pipeline what we discussed, personal -- and -- I personally would want that open space that -- that has to do with this project done well before, you know, this subdivision is complete. You're talking about a possibility of having very little open space, with exception of, you know, the little park area in the middle. We don't know -- although we are talking about it with -- the applicant is talking to the Parks Department in regard to what that entire park looks like, I don't think it's an unreasonable ask if the applicant is going to possibly develop or green it up with sprinkler and pass it over to the Parks Department to just throw down some sod and -- and sprinkler it and -- and consider it to be open space for the subdivision. I -- personally, if I were a homeowner in that subdivision, knowing the uncertainty of that pathway and having a big dirt lot that's just sitting there that potentially could be, you know, a future park or at least future open space in conjunction with this -- this subdivision, you know, -- that would bug me and so I -- actually I'm -- I'm in favor of greening that area up as well within the time frame of this -- this project. Hoaglun: Mr. Mayor? Cavener: Mr. Mayor? Simison: Let's go to Councilman Cavener. Cavener: To Council Member Hoaglun's question about a parks agreement, I don't think that's necessary, in part because I think that we need to have a much larger conversation about if we want to take on this as -- as a city park. These types of parks to me are somewhat challenging for us as a community, because they are served by the folks that live around them. So, they, essentially, become taxpayer subsidized private parks and, you know, I think a number of years that we have moved to -- kind of shifting a model to these larger, more regional parks where everybody from our community can come to us, Meridian City Council March 17,2020 Page 42 of 53 to these kind of pocket hidden parks that unless you live in the neighborhood you don't really know about. So, you know, this part of Meridian is really, really special to me for a lot of reasons and I think we have seen a lot of really smart thinking with the projects that are going in and around that, allowing them to design what meets the needs for their residents I think is better than us having that -- another city park that the vast majority of our citizens don't ever get to really participate or visit. So, I think that -- that's why I said this is maybe a conversation for us for another day. I think Council Member Bernt's comments about, you know, getting something green -- I think they are -- the developer is willing to be doing that sooner rather than later, to at least getting it grassed and sprinklered, but turning it over to the city to maintain that's not something that I'm necessarily supportive of. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just a comment on -- on that. I remember when we approved Reta Huskey Park over there off of Ten Mile and I thought the same thing, but I have found since I live over in that area when you have a pathway along the park it really changes the dynamic. It really truly is more useful to people and we are putting in the trailhead on Ten Mile and I don't know if there will be a trailhead here, but that was -- that was interesting to see that dynamic with -- with -- with a pathway that -- that comes in. So, this kind of gives me some comfort level with the pathway, just --just to let you know. But I -- I wanted to follow up and I don't think we have closed the public hearing, so I don't know if Becky would have a response -- respond to this, but I thought the last meeting we did talk about having them green that up, but I could be mistaken. Becky, if-- if you wouldn't mind did -- did we have agreement on greening up that 1 .88 acres -- not trees or anything, but having grass and having it mowed? I -- I could be mistaken and I could be thinking of another application. Sorry. McKay: Mr. Mayor, Councilman Hoaglun, I think what we talked about is that we would green the whole 10.89 acres up as a -- in its entirety. Mr. Centers didn't want to do it in a piecemeal fashion, because we need to, obviously, get our parks agreement in place. Secondly, we have got to work with the Parks Department as far as the design for the concept. I did the Reta Huskey Park as part of our Isola Creek or Bellano Creek project. It's -- like you said, it's along that multi-use pathway corridor along the Five Mile Creek. So, this one I think has a lot more to offer than the ones that are tucked within the development. But what we don't want to do is just do it piecemeal, because we are going to have to, obviously, do a grading and drainage plan and where they are going to want restrooms and parking lots and services and everything. So, I think the question arose is -- is this 1.69 acres part of your required ten percent and my answer to that is, no, it's above and beyond that. We have 14 percent qualified open space, because we have all detached walks in here, eight foot parkways, which we did not have in the previous preliminary plat, I only had six foot parkways. We have -- we have a pool facility. We have a playground facility. So, we are building our own private amenities within the project Meridian City Council March 17,2020 Page 43 of 53 and we would like to wait to do that 1.69 acres as a whole, so we can do all 10.89 under that agreement. Strader: Mr. Mayor? Hoaglun: Thank you, Becky. Appreciate it? McKay: Thank you. Simison: Mr. Barton, did you want to come forward and have any comments to add? Barton: Good evening, Mr. Mayor and Council. I just wanted to make a couple of comments about the park. We are -- as -- as staff is in favor of having a neighborhood park here, there is a lot of good attributes to this site. The size is -- is four plus acres over what our minimum neighborhood park is. One of the things about that is that, you know, yes, it serves the residents that are in close proximity to it, but at the same time, because this is located on that Williams pipeline pathway, that that's -- that, then, becomes very walkable and it connects other communities outside of that particular neighborhood. The other thing that -- that we like is because this isn't part of the minimum open space that's required it will become open space. I mean that's a -- that's a guarantee. We are not in favor of greening it up piecemeal. It's -- there is grading issues and also with the 1.69 acres -- the Williams pipeline runs through that as well, so that shrinks that even more, so there is going to be a dirt corridor there and it gets really weird and how do you -- how do you integrate just that little bit of grass into a larger more cohesive park design. It would be our preferred option to receive all of the property in one piece, negotiate a reimbursement agreement or green up or whatever that looks like with the developer and, you know, we have done three of these in the last few years and they have worked out really well. We have an idea of what an equitable contribution would be that is both good for the neighbors and good for the community. Our last three neighborhood parks that we received there is an average of about 750,000 dollars in contributions between both land and construction costs. So, I think we start there. I mean some of the land values have gone up, but I think we have -- we have got a good framework for a -- for an agreement and it's -- it would be our preference to structure it that way. Hoaglun: Mr. Mayor? Simison: Thank you, Mike. Mr. Hoaglun. Hoaglun: Question for Mike. And so when you memorialize these -- these issues, that's just something the department will do when --when -- is it when you are ready to do them or do you do it early on knowing that in the future this will -- will take place? Barton: Mr. Mayor, Councilman Hoaglun, we would -- we would work on that and bring it back to Council for approval as a memorandum of agreement. Hoaglun: Okay. Thank you. Meridian City Council March 17,2020 Page 44 of 53 Simison: And, Council, if I could say -- I have had some conversations with Director Siddoway on this and informed him to go forward and have these conversations, don't need to come back to Council, you know, to explore this -- this option. It is still part of what we are looking at, another component we talked about. It's on a mid-mile collector, that also opens it up. That's a pretty straight road compared to most -- some of the other locations just from that sample. But it ultimately will be your decision whether or not you wish to have this as the park in the city or not. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Let me ask the applicant another question. Simison: The hearing is open. Yes. Perreault: Becky, would you come forward. Getting your 10,000 steps in tonight. McKay: Yes, I am. Perreault: So, regularly on -- on construction sites, as am I, we have had some conversations recently about concerns in general with safety with these open lots. We had another application come before us recently with something similar and I'm wondering if there is any way that we can get -- could ask that that be somehow -- I don't know. I hate to say fenced off, but it's -- I'm sure there will be signs that will go up to say no construction dumping, no parking, but is there anything that -- that the applicant can do to protect that space so that we don't have safety concerns. It's -- it's -- you know, it's going to be right there on that collector and I just -- do you know -- do you understand what I'm getting at? McKay: Mr. Mayor, Council Woman Perreault, I -- I understand fully what -- what you are saying. The beauty of this particular project is Mr. Centers lives on the property and he watches it like a hawk, believe me. And this property is actively farmed, so it's not like it's going to be a weed patch, a dumping ground, or everybody's going to go out there and -- and wash out their concrete. That does not happen, I guarantee you, at Mr. Centers' property. I have been out there. It's the cleanest site I have ever seen. Perreault: Mr. Mayor? Simison: Councilman Perreault. Perreault: Thank you for clarifying that. I'm so used to these random dirt lots going out there and the challenges that come with them. So, I appreciate that. McKay: And they become weed patches. Yeah. This is actively farmed. Meridian City Council March 17,2020 Page 45 of 53 Simison: Council, any further questions or comments or do we have a motion regarding the public hearing? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I move we close the public hearing on Item 6-13, H-2019-0129. Cavener: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALL AYES. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: For a brief comment. I'm -- I had concerns and I think I framed them in that -- in the last hearing about liking the earlier project better, but, in all fairness, it doesn't necessarily mean that this project is fatally flawed in any sense. I kind of went back on my own and read through the comp plan and tried to capture some of the residential language which talks about diversity of housing options, not only in the style of housing, but in the economic range that they are provided within the community, so I think there are some policies within our comp plan that try to capture and promote some of the diversity and affordability that it sounds like this project is trying to capture, which I -- which I appreciate and in the light of our new comp plan and how it tries to frame those policies that we are to support, but comfortable enough as presented and with the -- the specific change to condition 5.1.M concerning the pathway, that it's appropriate in my eyes to go forward. I agree with Councilman Hoaglun, I think -- I think there was an example -- or the analogy to Reta Huskey Park is a great one with what this pathway and, then, an adjacent -- adjacent park can be long term for this area, which is -- I think will be wildly popular for -- for the entire region, so I'm supportive of it as presented with those changes. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I echo a lot of Council Member Borton's comments. I think Council Member Strader did a really eloquent job early on in her comments talking about the importance of the school district and appreciate your patience to let us get better data. I didn't recall in the first letter from the school district about the expansion that was happening at -- is it Meridian City Council March 17,2020 Page 46 of 53 Mary Mac. So, it seems they are building a modular to accommodate more students to accommodate the growth gave me more comfort. Appreciate the conversation back and forth about the pathways. You know, my -- my motivation is -- I mentioned that earlier -- this part of town is just really special and not going back and forth because we are trying to jam you out, because we want to keep it special. We know that that's your goal as well, so with the -- the discussion here tonight about the pathways, I'm -- I'm incredibly supportive of this. I think it checks so many boxes. It will be a great addition to our community. I'm not quite there that it provides affordability. Maybe it's a less expensive, but still higher quality housing options for folks in south Meridian, something that we definitely need in that part of town. Simison: Council, any further questions or comments? Bongiorno: Mr. Mayor, quick comment over here from the Fire Department. Simison: Are we allowed to take public -- Bill? Okay. Bongiorno: Just a quick comment for Council Member Cavener. I have seen the plans for the addition at the school. They are actually adding a building with four classrooms in it. Cavener: Wow. That's even better. That's great. Mr. Mayor? Simison: Councilman Cavener. Cavener: If nobody else has any comments, I'm ready to move things forward. So, Mr. Mayor, I move we approve Item 6-B, Graycliff Estates, H-2019 -- let me grab my agenda, make sure I do this right. Thank you. Sorry, I jumped ahead of things. Thank you, Mr. Hoaglun -- dash 0129, modifying the DA to -- I guess approve that as presented inclusive of condition 5.1.M, which speaks to the creation of the pathway on issuance of the phase three certificate of occupancy. I can't hear you. Sorry. Borton: Prior to. Cavener: Prior to. Did I say after? Prior to. Thank you. Prior to. Strader: Second. Cavener: Sorry. Simison: Do I have a second? Strader: Second. Simison: Okay. A motion and a second. Is there discussion on the motion? Meridian City Council March 17,2020 Page 47 of 53 Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: My vote is going to be no tonight and I wanted to just discuss it really quickly. I owe it to the applicant and to Ms. McKay and the citizens that live in that area, to be honest with you. I -- I -- I just think that there is just too much uncertainty in regard to the open space. I realize it's going to happen by -- may or may not happen by the beginning of phase three, but in the meantime there is just going to be one little sliver of open space that's going to be usable and I would -- I would just like more -- more certainty in regard to the pathway and that extra portion of acreage to the north. I know that the parks and rec superintendent Mr. Barton has mentioned that he would rather have it all done in one phase, but as a -- as a homeowner living in that subdivision I would prefer to have more open space and so I just wanted to clarify that for the -- for the record before -- before the vote takes place. Simison: Thank you. Council, any further comments on the motion? If not, clerk will call the roll. Roll call: Bernt, nay; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: The ayes have it. Motion agreed to. Thank you very much. MOTION CARRIED: FIVE AYES. ONE NAY. Item 7: Future Meeting Topics Simison: Item No. 7, future meeting topics. Are there any future meeting topics the Council would like to have for a future agenda? Item 8: Executive Session per Idaho Code 74-206(c): To acquire an interest in real property not owned by a public agency; and 74-206(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Simison: Okay. Item 8. Bernt: Mr. Mayor? Simison: Councilman Bernt. Meridian City Council March 17,2020 Page 48 of 53 Bernt: I move -- wait a minute here one second. We had an Executive Session earlier. We didn't quite finish and so I move that we go back into Executive Session per Idaho Code 74-206(c) and (f). Hoaglun: Second. Simison: I have a motion and a second to go into Executive Session and discussion on the motion. If not clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (8:33 p.m. to 8:48 p.m.) Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move we come out of Executive Session. Hoaglun: Second. Simison: I have a motion and a second to come out of Executive Session. All those in favor signify by saying aye. Those opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Thank you, Mr. Mayor, Members of the Council. We have two items we would like to add to the agenda. One is a resolution and the second is an ordinance. You can add items to the agenda after the meeting has started and take action on them and I will -- and I will -- for the record Idaho Code 74-204(4)(c) says an agenda may be amended after the start of the meeting upon a motion that states the reason for the amendment and states a good faith reason the agenda was not included in the original agenda posting. Final action may not be taken on an agenda item added after the start of the meeting unless an emergency is declared necessitating action at that meeting. The declaration and justification shall be reflected in the minutes. So, we have had an emergency declaration across the county and across two counties yesterday by Mayor Simison and the other mayors around the state. State law requires after an emergency declaration is Meridian City Council March 17,2020 Page 49 of 53 made that the Council must review and approve that by resolution within seven days of the declaration. That would, then, make that emergency declaration good for 30 days and may be extended if needed in the future. Second, the second item is -- we were proposing an ordinance that provides powers for the Mayor to enforce -- or to enact, if necessary, during this emergency to create some safety for our community in regards to separation, business closures, limitations of large scale events and the like. So, the ordinance is required by Idaho Code to give the Mayor the authority to do those types of actions if needed. So, those two items in -- in my opinion as your counsel, because this is an emergency fits the requirements of the ordinance and maybe moved forward tonight if you would concur. Bernt: Mr. Mayor? Simison: Thank you, Mr. Nary. Mr. Bernt. Bernt: Thank you, Mr. Nary, for that clarification and that guidance. With that said I would like to amend the agenda to add Ordinance 20-1877 and Resolution No. 20-2195. Cavener: Second. Simison: I have a motion and a second to amend the agenda. Is there any discussion on the motion? If not ask the clerk to do a roll call vote. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. MOTION CARRIED: ALLAYES. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Just one request -- request that the Council would approve the resolution first and, then, move forward on the ordinance. [AMENDED ON TO AGENDA] Item 9-A: Resolution 20-2195: A RESOLUTION RATIFYING A DECLARATION OF LOCAL DISASTER EMERGENCY; AUTHORIZING THE CONTINUANCE OF THE LOCAL DISASTER EMERGENCY DECLARATION AND ITS TERMS FOR A PERIOD OF THIRTY (30) DAYS; AUTHORIZING THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD Meridian City Council March 17,2020 Page 50 of 53 LIFE, HEALTH AND PROPERTY; AND PROVIDING AN EFFECTIVE DATE. Simison: Okay. So, Item 8 -- Borton: 8-A. Simison: 8-A. Resolution No. 20-2195. Ask the clerk to read by title. Johnson: Thank you, Mr. Mayor. I'm trying to find the title. I apologize. This resolution is a resolution ratifying a declaration of local disaster emergency, authorizing the continuance of local disaster emergency declaration and its terms for a period of 30 days. Authorizing the immediate expenditure of public money to safeguard life, health, and property and providing an effective date. Simison: You have heard this resolution read. Would anybody like it -- like it read in the entirety? If not, do I have any discussion or a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we approve Resolution 20-2195 with suspension of rules. Hoaglun: Second. Simison: I have a motion and a second to approve resolution 20-2195 under suspension of the rules. Is there any discussion on the motion? If not, clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Resolution is approved. MOTION CARRIED: ALLAYES. Item 9-13: Ordinance 20-1877: AN ORDINANCE ADDING A NEW CHAPTER TO TITLE 4, MERIDIAN CITY CODE, REGARDING PUBLIC HEALTH HAZARD AUTHORITY; DEFINITIONS; PUBLIC HEALTH HAZARD ORDERS; PROCESS FOR ENACTING PUBLIC HEALTH HAZARD ORDERS; PENALTY; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Simison: Item 8-13 is Ordinance No. 20-1877. Ask the clerk to read the ordinance by title. Meridian City Council March 17,2020 Page 51 of 53 Johnson: Thank you, Mr. Mayor. An ordinance adding a new chapter to Title 4, Meridian City Code, regarding public health hazard authority, definitions, public health hazard orders, process for enacting public health hazard orders, penalty, adopting a savings clause and providing an effective date. Simison: Thank you. Is there anybody who would like this ordinance read in its entirety? Seeing none, do I have any discussion or motion on the ordinance? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe both. I'm happy to make a motion we approve Ordinance 20-1877 with suspension of rules. Hoaglun: Second. Simison: I have a motion and a second to approve Ordinance 20-1877 under suspension of the rules. Any discussion on the motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Real quick. I'm sure like all of-- a lot of America, I have wavered around these issues that we are faced from somewhat as being dismissive about it to really being really scared and I think that both this resolution and this ordinance is a good step in our community's efforts to protect our citizens. I think it's important, Mr. Mayor, that oftentimes city leaders try to get it perfect in the box and we don't have time to get things perfect in the box and so I urge you to be quick and know -- I try really hard to never speak for this body, but to know that we as a body really have your back on this and want to support you in this. It's important not just for our employees, but for our community at large and I'm happy to be supportive of this. Simison: Thank you very much. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I also wanted to thank Deputy Emily Kane for putting this together. She -- you know, this -- this ordinance and this resolution has been adopted by other municipalities throughout the valley, including Boise. So, grateful Deputy Attorney Emily Kane for putting this together. Thank you. Simison: Thank you. I second that. Meridian City Council March 17,2020 Page 52 of 53 Nary: Mr. Mayor, if I can add one more thing to that comment. Actually, Deputy Attorney Ted Baird wrote the reso. We also provided that reso statewide to other municipalities, as well as the ordinance, so we are going to see this same one all over the place, both of them written by our folks. Bernt: Awesome. That's leadership right there. Simison: Agree. Do I have any further discussion on the motion? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I just want to echo Councilman Cavener's comments and just state that, you know, I hope you feel that we do have your back and I know the whole community is counting on us and I just urge us to be as proactive as possible and I think that, you know, doing a great job might -- might result in looking occasionally like an overreaction and I hope and pray that that's the case, but I think the -- the danger of not acting is too great. Thank you. Simison: All right. With that ask the clerk to call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Simison: Do I have any last motion for the evening? Bernt: Anything you want to say before we close the meeting? Simison: Just that I appreciate the confidence that you all have displayed with that effort and I will be in constant communication with you all if any of these actions need to be put in place, so -- Bernt: Thank you, Mayor. Simison: Thank you. Bernt: With that said I move that we adjourn the meeting. Hoaglun: Second. Meridian City Council March 17,2020 Page 53 of 53 Simison: Motion to adjourn the meeting. Is there discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 8:56 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 4 / 7 / 2020 Robert E. Simison, Mayor DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK 3/17/2020 City of Meridian-Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 3/17/2020 Hearing Type: Public Forum Active: There are no signatures posted for this meeting type yet. Go Back To List Export To Excel ©2020 - City of Meridian, Idaho internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=441 1/1 �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item - 5.A. Presenter: Estimated Time for Presentation: Title of Item - Presentation and Discussion of the Draft First Amendment to the Meridian Revitalization Plan Council Notes: ATTACHMENTS: Description Type Upload Date Revitalization Plan Backup Material 3/12/2020 First Amendment to Meridian Revitalization Plan Backup Material 3/12/2020 Memo for First Amendment and Union District Cover Memo 3/13/2020 REVIEWERS: Clerk. Johnson, Chris Approved 3/13/2020 - 3:57 PM Meridian City Council Meeting Agenda March 17,2020— Page 4 of 191 j MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT MERIDIAN URBAN RENEWAL AGENCY (also known as the Meridian Development Corporation) CITY OF MERIDIAN, IDAHO Ordinance No. 02-987 Adopted December 3, 2002 Effective December 3, 2002 G-.VMMWMASAWmdisn URA\U".%jA Meridian City Council Meeting Agenda March 17,2020— Page 5 of 191 TABLE OF CONTENTS Page SECTION 100 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 SECTION 101 GENERAL PROCEDURES OF THE AGENCY . . . . . . . . . . . . . 3 SECTION 102 PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SECTION 102.1 CONFORMANCE WITH STATE OF IDAHO URBAN RENEWAL LAW OF 1965, AS AMENDED . . 4 SECTION 103 HISTORY AD CURRENT CONDITIONS . . . . . . . . . . . . . . . . .4 SECTION 104 PURPOSE OF ACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SECTION 200 DESCRIPTION OF PROJECT AREA . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SECTION 300 PROPOSED REDEVELOPMENT ACTIONS . . . . . . . . . . . . . . . . . . . . . 5 SECTION 301 GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SECTION 302 URBAN RENEWAL PLAN OBJECTIVES . . . . . . . . . . . . . . . . . 6 SECTION 303 PARTICIPATION OPPORTUNITIES AND AGREEMENT . . . . 8 SECTION 303.1 PARTICIPATION AGREEMENTS . . . . . . . . . . . . . . . . . 8 SECTION 304 COOPERATION WITH PUBLIC BODIES . . . . . . . . . . . . . . . . . 9 SECTION 305 PROPERTY ACQUISITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 SECTION 305.1 REAL PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 SECTION 305.2 PERSONAL PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . 11 SECTION 306 PROPERTY MANAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . 12 SECTION 307 RELOCATION OF PERSONS (INCLUDING INDIVIDUALS AND FAMILIES),BUSINESS CONCERNS, AND OTHERS DISPLACED BY THE PROJECT . . . . . . . . . . . . . . . . . . . . . . . 12 -i - Meridian City Council Meeting Agenda March 17,2020— Page 6 of 191 SECTION 308 DEMOLITION, CLEARANCE, AND BUILDING SITE PREPARATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . 13 SECTION 308.1 DEMOLITION AND CLEARANCE . . . . . . . . . . . . . . . 13 SECTION 308.2 PREPARATION OF BUILDING SITES . . . . . . . . . . . . 13 SECTION 309 PROPERTY DISPOSITION AND DEVELOPMENT . . . . . . . . 13 SECTION 309.1 REAL PROPERTY DISPOSITION AND DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 SECTION 309.1(A) GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 SECTION 309.1(B) DISPOSITION AND DEVELOPMENT DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 SECTION 309.1(C) DEVELOPMENT BY THE MDC . . . . . . . . . . . . 15 SECTION 309.1(D) DEVELOPMENT PLANS . . . . . . . . . . . . . . . . . 17 SECTION 310 PERSONAL PROPERTY DISPOSITION . . . . . . . . . . . . . . . . . 17 SECTION 311 REHABILITATION AND CONSERVATION . . . . . . . . . . . . . . 17 r SECTION 312 PARTICIPATION WITH PRIVATE OR PUBLIC DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 SECTION 313 CONFORMING OWNERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SECTION 400 USES PERM=D IN THE PROJECT AREA . . . . . . . . . . . . . . . . . . . 18 SECTION 401 REDEVELOPMENT PLAN MAP AND DEVELOPMENT STRATEGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SECTION 402 DESIGNATED LAND USES . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SECTION 402.1 COMMERCIAL USES . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SECTION 402.2 RESIDENTIAL USES . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SECTION 403 OTHER LAND USES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 -ii - Meridian City Council Meeting Agenda March 17,2020— Page 7 of 191 SECTION 403.1 PUBLIC RIGHTS-OF-WAY . . . . . . . . . . . . . . . . . . . . . . 18 '= SECTION 403.2 OTHER PUBLIC, SEMI-PUBLIC, INSTITUTIONAL, AND NONPROFIT USES . . . . . . . . . . . . . . . . . . . . . . . . 19 SECTION 403.3 INTERIM USES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 SECTION 404 GENERAL CONTROLS AND LB41TATIONS . . . . . . . . . . . . . 20 SECTION 404.1 CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 SECTION 404.2 REHABILITATION AND RETENTION OF PROPERTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 SECTION 404.3 LIMITATION ON TYPE, SIZE, AND HEIGHT OF BUILDING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 SECTION 404.4 OPEN SPACES, LANDSCAPING,LIGHT, AIR, AND PRIVACY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 SECTION 404.5 SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 SECTION 404.6 UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 SECTION 404.7 INCOMPATIBLE USES . . . . . . . . . . . . . . . . . . . . . . . . . 21 SECTION 404.8 NONDISCRIMINATION AND NONSEGREGATION . 21 SECTION 404.9 SUBDIVISION OF PARCELS . . . . . . . . . . . . . . . . . . . . 21 SECTION 404.10 MINOR VARIATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 21 SECTION 404.11 OFF-STREET LOADING . . . . . . . . . . . . . . . . . . . . . . . . 22 SECTION 404.12 OFF-STREET PARKING . . . . . . . . . . . . . . . . . . . . . . . . 22 SECTION 405 DESIGN FOR DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . . . . 22 SECTION 405.1 DESIGN GUIDELINES FOR DEVELOPMENT . . . . . . 22 Meridian City Council Meeting Agenda March 17,2020— Page 8 of 191 SECTION 405.2 DESIGN GUIDELINES FOR DEVELOPMENT UNDER A DISPOSITION AND DEVELOPMENT AGREEMENT OR OWNER PARTICIPATION AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 SECTION 500 METHODS OF FINANCING THE PROJECT . . . . . . . . . . . . . . . . . . . . 23 SECTION 501 GENERAL DESCRIPTION OF THE PROPOSED FINANCING METHOD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 SECTION 502 REVENUE BOND FUNDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 SECTION 503 OTHER LOANS AND GRANTS . . . . . . . . . . . . . . . . . . . . . . . . 24 SECTION 504 REVENUE ALLOCATION FINANCING PROVISIONS . . . . . 24 SECTION 504.1 ECONOMIC FEASIBILITY STUDY . . . . . . . . . . . . . . . 25 SECTION 504.2 ASSUMPTIONS AND CONDITIONS/ECONOMIC FEASIBILITY STATEMENT . . . . . . . . . . . . . . . . . . . . . 25 SECTION 504.3 TEN PERCENT LI IITATION . . . . . . . . . . . . . . . . . . . . 26 SECTION 504.4 FINANCIAL LI IITATION . . . . . . . . . . . . . . . . . . . . . . 26 SECTION 504.5 REBATE OF REVENUE ALLOCATION FUNDS . . . . 27 SECTION 504.6 PARTICIPATION WITH LOCAL IMPROVEMENT DISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 SECTION 504.7 ISSUANCE OF DEBT AND DEBT LRv TATION . . . . 28 SECTION 504.8 IMPACT ON OTHER TAXING DISTRICTS AND LEVY RATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 SECTION 504.9 LEASE REVENUE BONDS . . . . . . . . . . . . . . . . . . . . . . 28 SECTION 600 ACTIONS BY THE CITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 SECTION 700 ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 30 SECTION 800 DURATION OF THIS PLAN .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 - iv - Meridian City Council Meeting Agenda March 17,2020— Page 9 of 191 SECTION 900 PROCEDURE FOR AMENDMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 SECTION 1000 SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 SECTION 1100 ANNUAL REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 - V- Meridian City Council Meeting Agenda March 17,2020— Page 10 of 191 LIST OF ATTACHMENTS ` Attachment 1 Description of the Project Area and Revenue Allocation Area Boundaries Attachment 2 Project Area-Revenue Allocation Area Boundary Map Attachment 3 Private Properties Which May Be Acquired by MDC Attachment 4 Map Depicting Expected Land Uses and Current Zoning Within Revenue Allocation Area and Project Area Attachment 5 Economic Feasibility Study, Meridian Urban Renewal Area 3 - A - Meridian City Council Meeting Agenda March 17,2020— Page 11 of 191 1 MERIDIAN REVITALIZATION PLAN '= MERIDIAN URBAN RENEWAL AGENCY --- (also known as the Meridian Development Corporation) SECTION 100 INTRODUCTION This is the Meridian Revitalization Plan (the "Plan") for the Meridian Area Project(the "Project") in the City of Meridian (the "City"), County of Ada, State of Idaho, and consists of the text contained herein and the following attachments: Description of the Project Area and Revenue Allocation Area Boundaries (Attachment 1); Project Area-Revenue Allocation Area Boundary Map (Attachment 2); Private Properties Which May Be Acquired by MDC (Attachment 3); Map Depicting Expected Land Uses and Current Zoning Within Revenue Allocation Area and Project Area(Attachment 4); Economic Feasibility Study for the Meridian Urban Renewal Area (Attachment 5). r The term"Project" is used herein to describe the overall activities defined in this Plan and conforms with the statutory definition of"urban renewal project." Reference is specifically made to Idaho Code Section 50-20180) for the various activities contemplated by the term "Project." Such activities include both private and public development of property within the Urban Renewal Area. The term"Project"is not meant to refer to a specific activity or development scheme. This Plan was prepared by consultants and staff of the Meridian Urban Renewal Agency, also known as the Meridian Development Corporation (the "MDC"),reviewed and recommended by the MDC Board of Commissioners, pursuant to the State of Idaho Urban Renewal Law,chapter 20, title 50,Idaho Code (the "Law"); the Local Economic Development Act, chapter 20, title 50,Idaho Code (the "Act"); and all applicable local laws and ordinances. The proposed redevelopment of the Project Area as described in this Plan conforms to the Comprehensive Plan of the City of Meridian, as adopted by the City Council on August 6, 2002. The MDC may create several planning documents that generally describe the overall Project and identify certain specific public and private capital improvement projects. Because of the changing nature of the Project, these documents, by necessity, must be dynamic and flexible. The MDC anticipates that these documents will be modified as circumstances warrant. Any modification, however, shall not be deemed as an amendment of this Plan. No modification will - 1 - August 23,2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 12 of 191 2 be deemed effective if it is in conflict with this Plan. The planning documents are purposely flexible and do not constitute specific portions of the Plan. Provided, however, prior to the adoption of any planning document or proposed modification to any planning document, the MDC shall notify the City and publish a public notice of such proposed modification at least thirty(30) days prior to the consideration of such proposed modification, thus providing the City and any other interested person or entity an opportunity to comment on said proposed modification. The NIDC Board shall consider any such comments and determine whether to adopt the modification. The planning documents apply to redevelopment activity within the Project Area as described herein. In the event of any conflict between this Plan and the appended documents, the provisions of this Plan shall control. The NMC intends to rely heavily on certain design standards to be adopted by the City which will cover most, if not all, of the Project Area. Those design standards, as of the effective date of this Plan, remain under discussion by the City and the City Planning and Zoning Commission. This Plan provides the NMC with powers, duties, and obligations to implement and further the program generally formulated in this Plan for the redevelopment, rehabilitation, and revitalization of the area within the boundaries of the Project (the "Project Area"). The NMC retains all powers allowed by the Law and Act. Because of the long-term nature of this Plan and the need to retain in the NIDC flexibility to respond to market and economic conditions, property owner and developer interests, and opportunities from time to time presented for redevelopment, this Plan does not present a precise plan or establish specific projects for the redevelopment, rehabilitation, and revitalization of any area within the Project Area, nor does this Plan present specific proposals in an attempt to solve or alleviate the concerns and problems of the community relating to the Project Area. Instead, this Plan presents a process and a basic } framework within which specific plans will be presented, specific projects will be established, and specific solutions will be proposed, and by which tools are provided to the NIDC to fashion, develop, and proceed with such specific plans,projects, and solutions. Implementation of this Plan will require public co-investment to help stimulate desired private development. Typically, the public will fund enhanced public facilities like streets, sidewalks, parking garages, parks, public buildings such as City Hall, or plazas which, in turn, create an attractive setting for adjacent private investment in office, retail, housing or hotels, entertainment and convention-related facilities. The particular projects or redevelopment projects by private entities described herein are not intended to be an exclusive or exhaustive list of potential redevelopment activity. Allowed projects are those activities which comply with the Law and the Act and meet the overall objectives of this Plan. The purposes of the Law and Act that will be attained through and the major goals of this Plan are: (a) the elimination of environmental deficiencies in the Project Area, including, among others, obsolete and aged building types, and inadequate public improvements and facilities; 2- August 23,2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 13 of 191 3 (b) the assembly of land into parcels suitable for modern, integrated development with appropriate setbacks, parking, pedestrian, and vehicular circulation in the Project Area; l (c) the replanning, redesign, and development of undeveloped and underdeveloped areas which are stagnant or improperly utilized; (d) the strengthening of the economic base of the Project Area and the community by the installation of needed public improvements and facilities to stimulate new commercial expansion, employment, and economic growth; (e) the establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project Area; (f) the strengthening of the tax base by encouraging private development, thus increasing the assessed valuation of properties within the Revenue Allocation Area and the Project Area as a whole, and benefiting the various taxing districts in which the Project Area is located; and (g) the creating of open plazas, civic buildings, gateway entries, and the like. SECTION 101 GENERAL PROCEDURES OF THE AGENCY The NIDC is a public body, corporate and politic, as defined and described under the Law and the Act. The NIDC is also governed by its bylaws as authorized by the Law and adopted by the NIDC. Under the Law, the NMC is governed by the Idaho open meeting law, the Public Records Act, the Ethics in Government Act, financial reporting requirements, and the competitive bidding requirements under Idaho Code Section 50-341. Generally, the NMC shall conduct all meetings in open session and allow meaningful public input as mandated by the issue considered or by any statutory or regulatory provision. Whenever in this Plan it is stated that the NIDC may modify, change, or adopt certain policy statements or contents of this Plan not requiring a formal amendment to the Plan as required by the Law or the Act, it shall be deemed to mean a consideration by the Board of such policy or procedure, duly noticed upon the NMC meeting agenda and considered by the NMC at an open public meeting and adopted by a majority of the members present,constituting a quorum, unless any provision herein provides otherwise. - 3 - August 23,2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 14 of 191 4 SECTION 102 PROVISIONS NECESSARY TO MEET STATE AND LOCAL REOUIREMENTS - SECTION 102.1 CONFORMANCE WITH STATE OF IDAHO URBAN RENEWAL LAW OF 1965,AS AMENDED The laws of the State of Idaho allow for an urban renewal plan to be submitted by any interested person or entity in an area certified as an Urban Renewal Area by the Meridian City Council. The original Project Area was certified by the Meridian City Council by Resolution 01-367 on July 24, 2001. The eligible area was modified by the inclusion of an additional and revised area through the adoption of Resolution No. on In accordance with the Idaho Urban Renewal Law of 1965 this Plan was submitted to the Planning and Zoning Commission of the City of Meridian. After consideration of the Plan, the Commission filed its recommendation with the City Council stating that this Plan is in conformity with the Comprehensive Plan of the City of Meridian. SECTION 103 HISTORY AND CURRENT CONDITIONS Much of the Project Area was the subject of a Treasure Valley Futures Study, entitled "Old Town Meridian Project,"encompassing what is referred to as the "Blue Zone" in the Economic Feasibility Study, Attachment 5. Similarly, much of the Blue Zone has been the subject of the Downtown Core Existing Conditions Report. Both the Treasure Valley Futures Study and the Downtown Core Existing Conditions Report are background documents available -' as an appendix to the Plan. Particularly, several properties in the Blue Zone provide a link to the City's historic culture. SECTION 104 PURPOSE OF ACTIVITIES The description of activities, public improvements, and the estimated costs of those items are intended to create an outside limit of the MDC's activity. The MDC reserves the right to change amounts from one category to another, as long as the overall total amount estimated is not substantially exceeded. The items and amounts are not intended to relate to any one particular development, developer, or owner. Rather, the MDC intends to discuss and negotiate with any owner or developer who seeks MDC assistance. During such negotiation, the MDC will determine, on an individual basis, the eligibility of the activities sought for MDC funding, the amount the MDC may fund by way of percentage or other criteria. The MDC will also take into account the amount of revenue allocation proceeds estimated to be generated from the developer's activities. The MDC also reserves the right to establish by way of policy, its funding percentage or participation, which would apply to all developers and owners. The activities listed in Attachment 5 are also prioritized by way of importance to the MDC by the amounts funded, and by year of funding, with earlier years reflecting the more important activities. As required by the Law and Act, the MDC will adopt more specific budgets annually. 4 - August 23,2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 15 of 191 5 The MDC reserves the right to prioritize the several projects described in this Plan. The MDC reserves the right to retain its flexibility in funding the various activities. SECTION 200 DESCRIPTION OF PROJECT AREA The boundaries of the Project Area and of the Revenue Allocation Area are described in Attachment 1, which is attached hereto and incorporated herein by reference, and are shown on the Project Area and Revenue Allocation Area Boundary Map, attached hereto as Attachment 2 and incorporated herein by reference. The Project Area includes several parcels of property which are located outside the geographical boundaries of the City but within the City's impact area. Under the Law and Act, for this Plan to be effective over such properties, an agreement must be entered into with Ada County. SECTION 300 PROPOSED REDEVELOPMENT ACTIONS SECTION 301 GENERAL The MDC proposes to eliminate and prevent the spread of blight and deterioration in the Project Area by: 1. The acquisition of certain real property; 2. The demolition or removal of certain buildings and improvements for public rights-of-way for streets, utilities, walkways, and other improvements for public facility building sites, to eliminate unhealthful, insanitary, or unsafe conditions, improve density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or to prevent the spread of blight or deterioration; 3. The provision for participation by property owners within the Project Area; 4. The management of any property acquired by any under the ownership and control of the MDC; 5. The provision for relocation assistance to displaced Project occupants, as required by law; 6. The installation, construction, or reconstruction of streets, utilities including electrical distribution and transmission lines in underground configuration, if needed to encourage new developments of fiber optic systems, parking facilities, and other public improvements, including,but not limited to, irrigation and drainage laterals and ditches, storm drain systems, walkways, public civic center, and improvements to railroad tracks and property; 5 - August 23.2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 16 of 191 6 7. The disposition of property for uses in accordance with this Plan; l 8. The redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; 9. The rehabilitation of structures and improvements by present owners, their successors, and the MDC; 10. The preparation and assembly of adequate sites for the development and construction of facilities for commercial, retail,entertainment, lodging, and governmental uses; 11. To the extent allowed by law, lend or invest federal funds to facilitate redevelopment; and 12. The construction of foundations, platforms, and other like structural forms necessary for the provision or utilization of air rights, sites for buildings to be used for residential, commercial, industrial, and other uses contemplated by the Plan, and to provide utilities to the development site. In the accomplishment of these purposes and activities and in the implementation and furtherance of this Plan, the MDC is authorized to use all the powers provided in this Plan and all the powers now or hereafter permitted by law. SECTION 302 URBAN RENEWAL PLAN OBJECTIVES Urban renewal action is necessary in the Project Area to combat problems of physical blight and economic underdevelopment. The Project Area consists of 660 acres with boundaries of the I-84 freeway on the south, Cherry Lane/Fairview on the north, 4`h Street on the west, and Five Mile Creek on the east. The area has a history of a slow-growing tax base primarily attributed to inadequate and deteriorating public improvements and facilities, poorly maintained properties, undeveloped and underdeveloped properties, diverse property ownership, and other deteriorating factors. Hence, the Plan for the Project Area is a proposal for public improvements and facilities to: provide an improved environment for new commercial and residential developments; eliminate unsafe conditions; assist potential owner participation and other developers to create appropriate development sites through parcelization of existing larger parcels and, where necessary, through acquisition, demolition, and disposition activities; and otherwise prevent the extension of blight and deterioration and reverse the deteriorating action of the area. The streets or irrigation or drainage ditches or laterals to be vacated or relocated will create additional building area for retail,commercial,office, or public use. Any such vacations 6 - August 23,2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 17 of 191 7 or relocations must be requested from the Ada County Highway District (the"ACHD") or other agency having jurisdiction over the particular public right-of-way. Air rights and subterranean rights may be disposed of for any permitted use within the Project Area boundaries. Acquisition of any interest in real property may be utilized by the MDC when and if necessary to promote redevelopment in accordance with the objectives of the Plan. Temporary project improvement shall be provided to facilitate adequate vehicular and pedestrian circulation. Improve transit opportunities throughout the Urban Renewal Area. MDC may participate in the cost of removal of extraordinary site conditions. A further objective of the Plan is to provide for the acquisition and clearance of property to be used for other public facilities. Off-street parking facilities will be developed to serve new commercial uses within the Project Area. Over the life of the Plan, land use in the Project Area will be modified to the extent that buildings currently vacant and land underdeveloped will be converted to residential, lodging, commercial,retail, office,public and private parking, and public/semi- public uses. The provisions of this Plan are applicable to all public and private property in the Project Area. The provisions of the Plan shall be interpreted and applied as objectives and goals, recognizing the need for flexibility in interpretation and implementation, while at the same time not in any way abdicating the rights and privileges of the property owners which are vested in the present and future zoning classifications of the properties. All development under an owner participation agreement shall conform to those standards specified in Section 303.1 of this Plan. It is recognized that the ACHD has exclusive jurisdiction over all public rights-of-way within the Project Area, except for state highways. Nothing in this Plan shall be construed to alter the powers of the ACHD pursuant to Title 40, Idaho Code. This Plan must be practical in order to succeed. Particular attention has been paid to how it can be implemented, given the changing nature of market conditions. Transforming the Project Area into a vital, thriving part of the community requires an assertive strategy. The following list represents the key elements of that effort. 1. Initiate simultaneous projects designed to revitalize the Project Area. From sidewalk improvements to significant new development, the MDC plans a key role in creating the necessary momentum to get and keep things going. 2. Secure certain public open space in critical areas, primarily in the Blue Zone or any Yellow Zone. This open space will greatly increase property - 7 - August 23,2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 18 of 191 8 values adjacent to it and greatly contribute to a new sense of place ("placemaking"). ' 3. Develop new office buildings and public civic buildings, while providing a link to the City's historic culture. 4. Pursue development across all land-use sectors simultaneously. Without direct public intervention, much of the Project Area could conceivably remain unchanged for the next several years. Success will come through numerous public-private partnerships—no single developer will save the day. The Plan creates the necessary flexible framework for the Project Area to capture a share of Meridian's growing population and economy. SECTION 303 PARTICIPATION OPPORTUNITIES AND AGREEMENT SECTION 303.1 PARTICIPATION AGREEMENTS The MDC shall enter into an owner participation agreement with any existing or future owner of property, in the event the property owner seeks and/or receives assistance from the MDC in the redevelopment of the property. In that event, the MDC may allow for an existing or future owner of property to remove his property and/or structure from future MDC acquisition subject to entering into an owner participation agreement. Each structure and building in the Project Area to be rehabilitated or new projects to be constructed as a condition of the owner participation agreement between the MDC and the owner pursuant to this Plan will be considered to be satisfactorily rehabilitated and constructed, and the MDC will so certify, if the rehabilitated or new structure meets the following standards: (a) Executed owner participation agreements meet the conditions described below. (b) Any such property within the Project Area shall be required to conform to all applicable provisions,requirements, and regulations of this Plan. Upon completion of any rehabilitation or new development, each structure must be safe and sound in all physical respects and be refurbished and altered to bring the property to an upgraded marketable condition which will continue throughout an estimated useful life for a minimum of twenty (20) years. (c) All such buildings or portions of buildings which are to remain within the Project Area shall be rehabilitated in conformity with all applicable codes and ordinances of the City of Meridian. (d) Any new construction shall also conform to all applicable provisions, requirements, and regulations of this Plan. 8 - August 23,2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 19 of 191 9 (e) Any new construction shall also conform to all applicable codes and ordinances of the City of Meridian. In such participation agreements, participants who retain real property shall be required to join in the recordation of such documents as may be necessary to make the provisions of this Plan applicable to their properties, whether or not a participant enters into a participation agreement with the MDC, the provisions of this Plan are applicable to all public and private property in the Project Area. In the event a participant fails or refuses to rehabilitate, develop, use, and maintain its real property pursuant to this Plan and a participation agreement, the real property or any interest therein may be acquired by the MDC in accordance with Section 307 of this Plan and sold or leased for rehabilitation or development in accordance with this Plan. Owner participation agreements may be used to implement the following objectives: 1. Encouraging established businesses to revitalize deteriorating areas of their parcels and to incorporate elements of the Plan such as street trees and sidewalk treatments to accelerate the enhancement of the street environment in the Plan area. 2. Subject to the limitations of the Law and the Act, providing incentives to existing business owners to encourage continued utilization and expansion of existing permitted uses to prevent properties from falling into disuse, a proliferation of vacant and deteriorated parcels and a reduction in downtown employment. 3. Allowing existing nonconforming uses to continue in accordance with City regulations and to accommodate improvements and expansions allowed by City regulations. 4. Subject to the limitations of the Act,providing incentives to improve nonconforming properties so they implement the design guidelines contained in this Plan to the extent possible and to encourage an orderly transition from nonconforming to conforming uses over the planning horizon. SECTION 304 COOPERATION WITH PUBLIC BODIES Certain public bodies are authorized by state law to aid and cooperate, with or without consideration,in the planning, undertaking, construction, or operation of this Project. The MDC shall seek the aid and cooperation of such public bodies and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. 9 - August 23,2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 20 of 191 10 The MDC may impose on all public bodies the planning and design controls contained in this Plan to insure that present uses and any future development by public bodies will conform to the requirements of this Plan, provided, however, ACHD has exclusive jurisdiction over ACHD - ' streets. The MDC is authorized to financially (and otherwise) assist any public entity in the cost of public land, buildings, facilities, structures, or other improvements within the Project Area. The MDC specifically intends to cooperate to the extent allowable by law with the City of Meridian,the State of Idaho, and the ACHD for the construction and reconstruction of public improvements and facilities, including a public civic center. Specifically, the MDC intends to address traffic issues in the urban renewal area with the ACHD. The MDC seeks to provide input, guidance, and financial assistance, if available, to improve traffic flow, roadway/access improvements,streetscapes, and related traffic issues. The Agency also intends to cooperate with local transit authorities to improve transit and other transportation opportunities in the Urban Renewal Area. The MDC, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The MDC, however, will seek the cooperation of all public bodies that own or intend to acquire property in the Project Area. Any public body that owns or leases property in the Project Area will be afforded all the privileges of an owner participant if such public body is willing to enter into a participation agreement with the MDC. All plans for development of property in the Project Area by a public body shall comply with the provisions of this Plan. SECTION 305 PROPERTY ACQUISITION SECTION 305.1 REAL PROPERTY Only as specifically authorized herein, the MDC may acquire, but is not required to acquire, any real property located in the Project Area where it is determined that the property is needed for construction of public improvement should be acquired to eliminate or mitigate the deteriorated or deteriorating conditions, and as otherwise allowed by law. The acquisition shall be by any means authorized by law (including, but not limited to, the Idaho Urban Renewal Law, the Local Economic Development Law, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970). The MDC is authorized to acquire either the entire fee or any other interest in real property less than a fee, including structures and fixtures upon the real property, without acquiring the land upon which those structures and fixtures are located. The MDC shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performed under the agreement. Generally, the MDC intends to acquire any real property through voluntary or consensual gift, devise, exchange, or purchase. Such acquisition of property may be for the development of the public improvements identified in this Plan, or for the assembly of properties for the redevelopment of those properties to achieve the objectives of this Plan. Such properties may include properties owned by private parties or public entities. This Plan does not anticipate the MDC's widespread use of its resources for property acquisition, except for the construction of 10- August 23,2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 21 of 191 11 public improvements and any ability to engage in certain demonstration projects, such as gateway enhancement opportunities and other major objectives outlined in this Plan, including '< public civic center and gateway areas, primarily in the Yellow Zone and Blue Zone. It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan for the power of eminent domain to be employed by the NIDC to acquire real property in the Project Area which cannot be acquired by gift, devise, exchange, purchase, or any other lawful method. The MDC shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner unless: (a) such building requires structural alteration, improvement, modernization, or rehabilitation; (b) the site or lot on which the building is situated requires modification in size, shape, or use; (c) it is necessary to impose upon such property any of the controls, limitations, restrictions, and requirements of this Plan and the owner fails or refuses to execute a participation agreement in accordance with the provisions of this Plan; or(d) the site or portion thereof is necessary for public improvements. The purpose of this section is to allow the MDC to use its eminent domain authority to acquire properties necessary for the construction of public improvements or for acquisition of those sites that are deteriorated or deteriorating as described above. Under the provisions of the Act, the urban renewal plan "shall be sufficiently complete to indicate such land acquisition, demolition, and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area." Idaho Code § 50-2018(1). The NMC has identified several parcels for acquisition for the construction of public improvements. Those parcels are contained within Attachments 4 and 5. The NIDC also intends to acquire property for the purpose of developing public parking structures, public open space, and to enhance the opportunity for other uses. At the present time, the MDC cannot specifically identify which parcels may be necessary for acquisition for the parking structures or for site assembly for private development. The MDC reserves the right to determine which properties, if any, should be acquired. Generally, the MDC will invoke its acquisition authority only for the elimination or mitigation of deteriorated or deteriorating buildings, structures, or properties in order to enhance the gateway areas to the project area. SECTION 305.2 PERSONAL PROPERTY Generally, personal property shall not be acquired. However, where necessary in the execution of this Plan and where allowed by law, the MDC is authorized to acquire personal property in the Project Area by any lawful means, including eminent domain. For purposes of this Plan, acquisition of certain permanent fixtures or improvements upon real property shall be governed by this section. The NMC retains the right to purchase those fixtures or improvements (including buildings) for the purpose of eliminating certain deteriorated or deteriorating structures to facilitate the redevelopment of the real property upon which the buildings and structures are located. Such acquisition shall be based upon appraised value of the structures and negotiation with the owner of the structures. The NMC shall take into account, before - 11 - August 23,2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 22 of 191 12 committing to such acquisition, any environmental or other liability present or potentially present in such structures. In the event, the NIDC determines to acquire such property, it shall do so a upon the successful negotiation of an owner participation agreement in compliance with the terms of Section 303.1 of this Plan. In addition, such owner shall commit to the redevelopment of the real property and to maintain the real property in a safe and clean manner. The NIDC shall acquire such property by way of any acceptable conveyance. SECTION 306 PROPERTY MANAGEMENT During such time such property, if any, in the Project Area is owned by the NIDC, such property shall be under the management and control of the NIDC. Such property may be rented or leased by the NIDC pending its disposition for redevelopment, and such rental or lease shall be pursuant to such policies as the NIDC may adopt. SECTION 307 RELOCATION OF PERSONS (INCLUDING INDIVIDUALS AND FAMILIES),BUSINESS CONCERNS,AND OTHERS DISPLACED BY THE PROJECT If the NIDC receives federal funds for real estate acquisition and relocation, the NIDC shall comply with 24 C.F.R. Part 42, implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The NIDC may also undertake relocation activities for those not entitled to benefit under federal law as the NIDC may deem appropriate for which funds are available. The NIDC's activities should not result in the displacement of families within the area. In the event the NIDC's activities result in displacement, the NIDC shall compensate such residents by providing reasonable moving expenses into decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families. For any other activity, the NIDC will comply with the provisions of the Idaho Urban Renewal Law regarding relocation. The NIDC reserves the right to extend benefits for relocation to those not otherwise entitled to relocation benefits as a matter of state law under the Act or the Law. The NIDC may determine to use as a reference the relocation benefits and guidelines promulgated by the federal government, the state government, or local government, including the State Department of Transportation. The intent of this section is to allow the NIDC sufficient flexibility to award relocation benefits on some rational basis, or by payment of some lump sum per case basis. The NIDC may also consider the analysis of replacement value for the compensation awarded to either owner occupants or businesses displaced by the NIDC to achieve the objectives of this Plan. The NIDC may adopt relocation guidelines which would define the extent of relocation assistance in non-federally-assisted projects and which relocation assistance to the greatest extent feasible would be uniform. For displacement of families, the NIDC shall comply with, at a minimum, the standards set forth in the Law. The NIDC shall also comply with all applicable state laws concerning relocation benefits. - 12 - August 23,2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 23 of 191 13 SECTION 308 DEMOLITION, CLEARANCE, AND BUILDING SITE PREPARATION _- SECTION 308.1 DEMOLITION AND CLEARANCE The MDC is authorized (but not required) to demolish and clear buildings, structures, and other improvements from any real property in the Project Area as necessary to carry out the purposes of this Plan. SECTION 308.2 PREPARATION OF BUILDING SITES The MDC is authorized(but not required) to prepare or cause to be prepared as building sites any real property in the Project Area owned by the MDC. In connection therewith,the MDC may cause, provide for, or undertake the installation or construction of streets, utilities, parks, pedestrian walkways, traffic signals, drainage facilities, and other public improvements necessary to carry out this Plan. The NMC is also authorized (but not required) to construct foundations, platforms, and other structural forms necessary for the provision or utilization of air rights sites for buildings to be used for industrial, commercial, private, public, and other uses provided in this Plan. SECTION 309 PROPERTY DISPOSITION AND DEVELOPMENT SECTION 309.1 REAL PROPERTY DISPOSITION AND DEVELOPMENT SECTION 309.1(A) GENERAL For the purposes of this Plan, the MDC is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge,encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property under the reuse provisions set forth in Idaho Code Section 50-2011 and as otherwise allowed by law. To the extent permitted by law, the MDC is authorized to dispose of real property by negotiated lease, sale, or transfer without public bidding. All purchasers or lessees of property acquired from the MDC shall be obligated to use the property for the purposes designated in this Plan, to begin and complete development of the property within a period of time which the MDC fixes as reasonable, and to comply with other conditions which the MDC deems necessary to carry out the purposes of this Plan. Real property acquired by the MDC may be conveyed by the MDC and, where beneficial to the Project Area, without charge to any public body as allowed by law. All real property acquired by the MDC in the Project Area shall be sold or leased to public or private persons or entities for development for the uses permitted in this Plan. - 13 - August 23,2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 24 of 191 14 SECTION 309.1(B) DISPOSITION AND DEVELOPMENT DOCUMENTS a To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the MDC, as well as all property subject to participation agreements, is subject to the provisions of this Plan. The MDC shall reserve such powers and controls in the disposition and development documents as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that development is carried out pursuant to this Plan. Leases,deeds,contracts, agreements, and declarations of restrictions of the MDC may contain restrictions,covenants,covenants running with the land,rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. Where appropriate, as determined by the MDC, such documents, or portions thereof, shall be recorded in the office of the Recorder of Ada County. All property in the Project Area is hereby subject to the restriction that there shall be no discrimination or segregation based upon race, color,creed, religion, sex,age, handicap, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project Area. All property sold, leased,conveyed, or subject to a participation agreement shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in the Project Area shall contain such nondiscrimination and nonsegregation clauses as required by law. The Developers -' (including owner/participants) will be required by the contractual agreement to observe the Land Use and Building Requirements provision of this Plan and to submit a Redevelopment Schedule satisfactory to the MDC. Schedule revisions will be made only at the option of the Meridian Urban Renewal MDC. As required by law or as determined in the MDC's discretion to be in the best interest of the MDC and the public, the following requirements and obligations may be included in the agreement: The developers and their successors and assigns agree: (a) A plan and time schedule for the proposed development shall be submitted to the MDC. (b) The purchase or lease of the land, subterranean rights, and/or air rights is for the purpose of redevelopment and not for speculation. (c) The building of improvements will be commenced and completed as jointly scheduled and determined by the MDC and the developer(s). 14 - August 23,2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 25 of 191 15 (d) There will be no discrimination against any person or group of persons because of handicap, age, race, sex, creed, color, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises or any improvements erected or to be erected thereon or therein conveyed, nor will the developer himself or any person claiming under or through him establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, or vendees in the premises or any improvements therein conveyed. The above provision will be perpetual and will be appended to the land disposed of within the Urban Renewal Project Area by the MDC. (e) The site and construction plans will be submitted to the MDC for review as to conformity with the provisions and purposes of this Plan. (f) At the discretion of the MDC a bond or other surety will be provided acceptable to the MDC to ensure performance under the contract of the _ sale. (g) Rehabilitation of any existing structure must assure that the structure is safe and sound in all physical respects and be refurbished and altered to bring the property to an upgraded marketable condition which will continue throughout an estimated useful life for a minimum of twenty (20) years. (h) All such buildings or portions of the buildings which are to remain within the Project Area shall be reconstructed in conformity with all applicable codes and ordinances of the City of Meridian. (i) All new construction shall have a minimum estimated life of no less than twenty (20) years. (j) All disposition and development documents and owner participation agreements shall be governed by the provisions of Section 405.2 of this Plan. (k) All such buildings or portions of the buildings which are to retain within the Project Area shall be reconstructed in conformity with all applicable codes and ordinances of the City of Meridian. All disposition and development documents shall be governed by the provisions of Section 420 of this Plan. SECTION 309.1(C) DEVELOPMENT BY THE MDC To the extent now or hereafter permitted by law, the MDC is authorized to pay for, develop, or construct any publicly-owned building, facility, structure, or other improvement 15 - August 23,2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 26 of 191 16 within the Project Area for itself or for any public body or entity, which buildings, facilities, structures, or other improvements are or would be of benefit to the Project Area. Specifically, the MDC may pay for, install, or construct the buildings, facilities, structures, and other improvements identified in Attachment 5, attached hereto and incorporated herein by reference, and may acquire or pay for the land required therefor. The MDC may also prepare properties for development by renovation or other means as allowed by law. The MDC may also as allowed by law assist in the development of private projects. In addition to the public improvements authorized under Idaho Code Section 50-2007, the MDC is authorized to install and construct, or to cause to be installed and constructed,within the Project Area or outside the Project Area for improvements or facilities that are needed to support new development in the Project Area, for itself or for any public body or entity, public improvements and public facilities, including, but not limited to, the following: (1) utilities; (2) pedestrian paths; (3) traffic signals; (4) landscaped areas; (5) street improvements, including new access roads and streets; (6) sanitary sewers; (7)flood control facilities and storm drains; (8) water mains,pumps, and reservoirs;(9) parks and recreation facilities; (10) improved railroad property use; and (11) civic centers, city hall, or the like. Any public facility ultimately owned by the MDC shall be operated and managed in such a manner to preserve the public purpose nature of the facility. Any lease agreement with a private entity or management contract agreement shall include all necessary provisions sufficient to protect the public interest and public purpose. The MDC seeks to coordinate special streets,parks, and urban open spaces within the Project Area. A network of well-developed pedestrian environments, landscaped front yards, and proposed new urban open spaces contribute to the public realm. A series of intersections where one enters or leaves the Project area serve as potential nodes for enhanced design treatment. When completed, the framework of civic places and corridors will extend the amenities of the core to the Project Area. Open spaces may include a water feature that would enrich the space in each season, perhaps providing skating in winter, sound, and movement in warmer weather, and light at night. The open space would have a family of furnishings that is compatible with downtown street furnishings. Ample seating would be provided along the promenade. Enhanced lighting would be provided for safety. This open space would be programmed, designed, and promoted to accommodate active day, night, and seasonal uses. Because of the predominantly commercial, governmental, and retail uses, as contrasted to residential,no specific park or park like improvements are anticipated. The MDC may enter into contracts, leases, and agreements with the City, or other public body or private entity, pursuant to this section, and the obligation of the MDC under such contract, lease, or agreement shall constitute an indebtedness of the MDC as described in Idaho Code Section 50-2909 which may be made payable out of the taxes levied in the Project Area and allocated to the MDC under subdivision (2)(b) of Section 50-2908 of the Act and Section 504 to this Plan or out of any other available funds. 16 - August 23,2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 27 of 191 17 SECTION 309.1(D) DEVELOPMENT PLANS All development plans, whether public or private, prepared pursuant to disposition and development or owner participation agreements shall be submitted to the MDC for approval and architectural review through the City Building Department. All development in the Project Area must conform to those standards specified in Section 404, infra. SECTION 310 PERSONAL PROPERTY DISPOSITION For the purposes of this Plan, the MDC is authorized to lease, sell, exchange, transfer, assign, pledge, encumber, or otherwise dispose of personal property which is acquired by the MDC. SECTION 311 REHABILITATION AND CONSERVATION The MDC is authorized to rehabilitate, renovate, and conserve or to cause to be rehabilitated, renovated, and conserved any building or structure in the Project Area owned by the MDC for preparation of redevelopment and disposition. The MDC is also authorized and directed to advise, encourage, and assist in the rehabilitation and conservation of property in the Project Area not owned by the MDC. The Agency is authorized to acquire, restore, rehabilitate, move, and conserve buildings of historic or architectural significance. As necessary in carrying out this Plan, the MDC is authorized to move or to cause to be moved any substandard structure or building or any structure or building which can be rehabilitated to a location within or outside the Project Area. SECTION 312 PARTICIPATION WITH PRIVATE OR PUBLIC DEVELOPMENT Under the Idaho Urban Renewal Law the MDC has the authority to lend or invest funds obtained from the federal government for the purposes of the Law if allowable under federal laws or regulations. The federal funds that may be available to the MDC are governed by regulations promulgated by the Department of Housing and Urban Development for the Community Development Block Grant Program and other applicable federal programs. Under those regulations the MDC may participate with the private sector in the development and financing of those private projects which will attain certain federal objectives. The MDC may, therefore, use the federal funds for the provision of assistance to private for profit business, including, but not limited to, grants, loans, loan guarantees, interest supplements, technical assistance, and other forms of support, or any other activity necessary or appropriate to carry out an economic development project. As allowed by law, the MDC may also use funds from any other sources for any purpose set forth under the Law. 17 - August 23,2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 28 of 191 18 The MDC may enter into contracts, leases, and agreements with the City or other public body or private entity pursuant to this section, and the obligation of the MDC under such contract, lease, or agreement shall constitute an indebtedness of the MDC as described in Idaho Code Section 50-2909 which may be made payable out of the taxes levied in the Project Area and allocated to the MDC under subdivision (2)(b) of Section 50-2908 of the Act and Section 504 of this Plan or out of any other available funds. SECTION 313 CONFORMING OWNERS The MDC may, at the MDC's sole and absolute discretion, determine that certain real property within the Project Area presently meets the requirements of this Plan, and the owner of such property will be permitted to remain as a conforming owner without a participation agreement with the MDC, provided such owner continues to operate, use, and maintain the real property within the requirements of this Plan. SECTION 400 USES PERMITTED IN THE PROJECT AREA SECTION 401 REDEVELOPMENT PLAN MAP AND DEVELOPMENT STRATEGY The Description of the Project Area and Revenue Allocation Area Boundary and Project Area-Revenue Allocation Area Boundary Map, attached hereto as Attachments 1 and 2 and incorporated by reference, describe the location of the Project Area boundaries. The proposed land uses to be permitted in the Project Area for all land, public and private, are depicted in ? Attachment 4. SECTION 402 DESIGNATED LAND USES SECTION 402.1 COMMERCIAL USES The areas designated in Attachment 4 for commercial uses shall be for commercial uses as set forth and described in the Meridian City Zoning Ordinance. SECTION 402.2 RESIDENTIAL USES The areas designated in Attachment 4 for residential uses shall be for the residential uses as set forth and described in the Meridian City Zoning Ordinance. SECTION 403 OTHER LAND USES SECTION 403.1 PUBLIC RIGHTS-OF-WAY The major public streets within the Project Area include Meridian Road, Main Street (formerly 0 Street), Pine, Idaho, Broadway, and Franklin. 18 - August 23,2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 29 of 191 19 Additional public streets, alleys, and easements may be created in the Project Area as needed for proper development specifically for the Yellow Zone. Existing streets, alleys, and easements may be abandoned, closed, expanded or modified as necessary for proper - development of the Project in conjunction with any applicable policies and standards of the City, ACHD, or Idaho Department of Transportation as may be applicable regarding changes to dedicated rights-of-way. Any changes in the existing interior or exterior street layout shall be in accordance with the objectives of this Plan and the design standards of the City, ACHD, or Idaho Department of Transportation, as may be applicable, shall be effectuated in the manner prescribed by state and local law, and shall be guided by the following criteria: (a) a balancing of the needs of proposed and potential new developments for adequate pedestrian and vehicular access, vehicular parking, and delivery loading docks with the similar needs of any existing developments permitted to remain, such balancing taking into consideration the rights of existing owners and tenants under the rules for owner and tenant participation adopted by the MDC for the Project and any participation agreements executed thereunder; (b) the requirements imposed by such factors as topography, traffic safety, and aesthetics; and (c) the potential need to serve not only the Project Area and new or existing developments but also to serve areas outside the Project Area by providing y, convenient and efficient vehicular access and movement. The public rights-of-way may be used for vehicular and/or pedestrian traffic, as well as for public improvements, public and private utilities, and activities typically in public rights-of-way. SECTION 403.2 OTHER PUBLIC,SEMI-PUBLIC,INSTITUTIONAL, AND NONPROFIT USES The MDC is also authorized to permit the maintenance, establishment, or enlargement of public, semi-public, institutional, or nonprofit uses. All such uses shall, to the extent possible, conform to the provisions of this Plan applicable to the uses in the specific area involved. The MDC may impose such other reasonable requirements and/or restrictions as may be necessary to protect the development and use of the Project Area. SECTION 403.3 INTERIM USES Pending the ultimate development of land by developers and participants, the MDC is authorized to use or permit the use of any land in the Project Area for interim uses that are not in conformity with the uses permitted in this Plan. However, any interim use must comply with applicable Meridian City Code. 19 - August 23,2002(12:43PM) Meridian City Council Meeting Agenda March 17,2020— Page 30 of 191 20 SECTION 404 GENERAL CONTROLS AND LIMITATIONS ^ All real property in the Project Area under the provisions of either a disposition and - ' development agreement or owner participation agreement is made subject to the controls and requirements of this Plan. No such real property shall be developed, rehabilitated, or otherwise changed after the date of the adoption of this Plan, except in conformance with the provisions of this Plan. SECTION 404.1 CONSTRUCTION All construction in the Project Area shall comply with all applicable state and local laws and codes in effect from time to time. In addition to applicable codes, ordinances, or other requirements governing development in the Project Area, additional specific performance and development standards may be adopted by the MDC to control and direct redevelopment activities in the Project Area in the event of a disposition and development agreement or owner participation agreement. SECTION 404.2 REHABILITATION AND RETENTION OF PROPERTIES Any existing structure within the Project Area subject to either a disposition and development agreement or owner participation agreement approved by the NIDC for retention and rehabilitation shall be repaired, altered,reconstructed, or rehabilitated in such a manner that it will be safe and sound in all physical respects and be attractive in appearance and not detrimental to the surrounding uses. SECTION 404.3 LIMITATION ON TYPE,SIZE, AND HEIGHT OF BUILDING Except as set forth in other sections of this Plan, the type, size, and height of buildings shall be as limited by applicable federal, state, and local statutes, ordinances, and regulations. SECTION 404.4 OPEN SPACES,LANDSCAPING, LIGHT,AIR,AND PRIVACY The approximate amount of open space to be provided in the Project Area is the total of all areas which will be in the public rights-of-way, the public ground, the space around buildings, and all other outdoor areas not permitted to be covered by buildings. Landscaping shall be developed in the Project Area to ensure optimum use of living plant material. Sufficient space shall be maintained between buildings in all areas to provide adequate light, air, and privacy. 20 - August 23,2002(1:12PM) Meridian City Council Meeting Agenda March 17,2020— Page 31 of 191 21 SECTION 404.5 SIGNS All signs shall conform to City sign ordinances as they now exist or are hereafter amended. SECTION 404.6 UTILITIES The MDC shall require that all utilities be placed underground whenever physically and economically feasible. SECTION 404.7 INCOMPATIBLE USES No use or structure which by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors which would be incompatible with the surrounding areas or structures shall be permitted in any part of the Project Area. SECTION 404.8 NONDISCRIMINATION AND NONSEGREGATION There shall be no discrimination or segregation based upon race, color, creed, religion, sex, marital status, national origin, handicap, or ancestry permitted in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the Project Area. SECTION 404.9 SUBDIVISION OF PARCELS Any parcel in the Project Area shall be subdivided only in compliance with the City ' Subdivision Ordinance. SECTION 404.10 MINOR VARIATIONS Under exceptional circumstances, the MDC is authorized to permit a variation from the limits,restrictions, and controls established by this Plan. In order to permit such variation, the MDC must determine that: (a) the application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Plan; (b) there are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards,restrictions, and controls; (c) permitting a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area; and (d) permitting a variation will not be contrary to the objectives of this Plan. - 21 - August 23,2002(12:50PM) Meridian City Council Meeting Agenda March 17,2020— Page 32 of 191 22 No variation shall be granted which changes a basic land use or which permits other than a minor departure from the provisions of this Plan, without amendment of this Plan. In permitting any such variation, the MDC shall impose such conditions as are necessary to protect this public peace, health, safety, or welfare and to assure compliance with the purposes of this Plan. Any variation permitted by the MDC hereunder shall not supersede any other approval required under City codes and ordinances. SECTION 404.11 OFF-STREET LOADING Any development and improvements shall provide for off-street loading as required by the City ordinances as they now exist or are hereafter amended. SECTION 404.12 OFF-STREET PARKING All new construction in the area shall provide off-street parking as required by the City ordinances as they now exist or are hereafter amended. SECTION 405 DESIGN FOR DEVELOPMENT SECTION 405.1 DESIGN GUIDELINES FOR DEVELOPMENT Within the limits, restrictions, and controls established in this Plan and to the extent allowed by law, the MDC is authorized to establish heights of buildings,land coverage, setback requirements, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper development of both private and public areas within the Project Area. Any development must also comply with the City of Meridian Zoning Ordinance regarding heights, setbacks, and other like standards. As of the date of the adoption of this Plan, design standards for part or all of the Urban Renewal Area were pending before the City. Such standards, if adopted, would be required of all development,public or private, within the Urban Renewal Area. In the case of property which is the subject of a disposition and development or owner participation agreement with the MDC,,no new improvement shall be constructed and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated except in accordance with this Plan. Under those agreements the architectural, landscape, and site plans shall be submitted to the MDC and approved in writing by the MDC. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design and other amenities to enhance the aesthetic quality of the Project Area. The MDC shall not approve any plans that do not comply with this Plan. In the event the MDC adopts design standards or controls,those provisions will thereafter apply to each site or portion thereof in the Project Area. Those controls and standards will be implemented through the provisions of any disposition and development agreement or owner participation agreement or by appropriate covenants appended to the land and instruments of conveyance executed pursuant thereto. These controls are in addition to any standards and provisions of any applicable City building or zoning ordinances; provided, however, each and - 22 - August 23,2002(12:52PM) Meridian City Council Meeting Agenda March 17,2020— Page 33 of 191 23 every development shall comply with all applicable City zoning and building ordinances. Absent the NMC developing and promulgating specific design standards or controls, the MDC shall review all projects by applying and/or deferring to the usual approval process imposed by the City. SECTION 405.2 DESIGN GUIDELINES FOR DEVELOPMENT UNDER A DISPOSITION AND DEVELOPMENT AGREEMENT OR OWNER PARTICIPATION AGREEMENT Under an owner participation agreement or a disposition and development agreement the design guidelines and land use elements as imposed shall be achieved to the greatest extent feasible, though the MDC retains the authority to grant minor variations under Section 404.10 of this Plan and subject to a negotiated agreement between the MDC and the developer or property owner. Under those agreements, the architectural, landscape, and site plans shall be submitted to the MDC and approved in writing by the MDC. In such agreements, the MDC may impose additional design controls. One of the objectives of this Plan is to create an attractive pedestrian environment in the Project Area. Therefore, such plans shall give consideration to good design and amenities to enhance the aesthetic quality of the Project Area. These additional design standards or controls will be implemented through the provisions of any disposition and development agreement or owner participation agreement or by appropriate covenants appended to the land and instruments of conveyance executed pursuant thereto. These controls are in addition to any standard and provision of any applicable City building or zoning ordinance; provided, however, each and every development shall comply with all applicable City zoning and building ordinances, including any adopted City design standards.. SECTION 500 METHODS OF FINANCING THE PROJECT SECTION 501 GENERAL DESCRIPTION OF THE PROPOSED FINANCING METHOD The MDC is authorized to finance this Project with financial assistance from the City, State of Idaho, federal government, interest income, MDC bonds, donations, loans from private financial institutions, the lease or sale of NMC-owned property, or any other available source, public or private, including assistance from any taxing district or any public entity. The MDC is also authorized to obtain advances,borrow funds, and create indebtedness in carrying out this Plan. The principal and interest on such advances, funds, and indebtedness may be paid from any funds available to the NIDC. The City, as it is able, may also supply additional assistance through City loans and grants for various public facilities. The City or any other public agency may expend money to assist the MDC in carrying out this Project. 23 - August 23,2002(12:53PM) Meridian City Council Meeting Agenda March 17,2020— Page 34 of 191 24 SECTION 502 REVENUE BOND FUNDS As allowed by law and subject to such restrictions as are imposed by law, the MDC is - authorized to issue bonds from time to time, if it deems appropriate to do so, in order to finance all or any part of the Project. Neither the members of the MDC, nor any persons executing the bonds shall be liable on the bonds by reason of their issuance. SECTION 503 OTHER LOANS AND GRANTS Any other loans, grants, guarantees, or financial assistance from the United States, the State of Idaho, or any other public or private source will be utilized if available. Neither the members of the MDC nor any persons executing such loans or grants shall be liable on the loans or grants by reason of their issuance. SECTION 504 REVENUE ALLOCATION FINANCING PROVISIONS The MDC hereby adopts revenue allocation financing provisions as authorized by the Act, chapter 29, title 50,Idaho Code, effective retroactively to January 1, 2002. These revenue allocation provisions shall apply to all taxing districts in which the Revenue Allocation Area is located and described on Attachments 1 and 2 to this Plan. The MDC shall take all actions necessary or convenient to implement these revenue allocation financing provisions. The MDC specifically finds that the equalized assessed valuation of property within the Revenue Allocation Area is likely to increase as a result of the initiation of the Urban Renewal Project. The MDC, acting by one or more resolutions adopted by its board of directors, is hereby -- authorized to apply all or any portion of the revenues allocated to the MDC pursuant to the Act to pay such costs as are incurred or to pledge all or any portion of such revenues to the repayment of any moneys borrowed, indebtedness incurred, or bonds issued by the MDC to finance or to refinance the project costs (as defined in Idaho Code Section 50-2903(12)) of one. or more urban renewal projects. Upon enactment of an ordinance by the governing body of the City finally adopting these revenue allocation financing provisions and defining the Revenue Allocation Area described herein as part of the Plan, there shall hereby be created a special fund of the MDC into which the County Treasurer shall deposit allocated revenues as provided in Idaho Code Section 50-2908. The MDC shall use such funds solely in accordance with Idaho Code Section 50-2909 and solely for the purpose of providing funds to pay the project costs, including any incidental costs, of such urban renewal projects as the MDC may determine by resolution or resolutions of its Board of Directors. A statement listing proposed public improvements and facilities, an economic feasibility study, estimated project costs, fiscal impact upon other taxing districts, and methods of financing project costs required by Idaho Code Section 50-2905 is included in Attachment 5 to this Plan. This statement necessarily incorporates estimates and projections based on the MDC's present knowledge and expectations. The MDC is hereby authorized to modify the presently anticipated urban renewal projects and use of revenue allocation financing of the related project costs if the 24 - August 23,2002(12:54PM) Meridian City Council Meeting Agenda March 17,2020— Page 35 of 191 25 board of directors of the NIDC deems such modification necessary or convenient to effectuate the general objectives of the Plan. ' The MDC has also provided for expenditure of revenue allocation proceeds on an annual basis without the issuance of bonds. The MDC has also provided for obtaining advances or loans from the City or private entities in order to immediately commence construction of certain of the public improvements. Revenues will continue to be allocated to the NIDC until the improvements identified in Attachment 5 are completely constructed or until any obligation to the City or other public entity or private entity are fulfilled. Attachment 5 incorporates estimates and projections based on the NIDC's present knowledge and expectations concerning the length of time to complete the improvements. The activity may take longer depending on the significance and timeliness of development. Alternatively the activity may be completed earlier if revenue allocation proceeds are greater or the NIDC obtains additional funds. The revenue allocation proceeds are hereby irrevocably pledged for the payment of the principal and interest on the advance of monies or making of loans or the incurring of any indebtedness such as bonds, notes, and other obligations (whether funded, refunded, assumed, or otherwise)by the MDC to finance or refinance the Project in whole or in part, as well as payment for costs incurred for activities of the Project. The NIDC is authorized to make such pledges as to specific advances, loans, and indebtedness as appropriate in carrying out the Project. SECTION 504.1 ECONOMIC FEASIBILITY STUDY Attachment 5 consists of the Economic Feasibility Study("Study") for the Urban Renewal Area prepared by W. David Eberle Consulting, Inc. The Study constitutes the financial analysis required by the Act. SECTION 504.2 ASSUMPTIONS AND CONDITIONS/ECONONUC FEASIBILITY STATEMENT The information contained in Attachment 5 assumes certain completed and projected actions. Under the provisions of the Act, the revenue allocation shall continue until the bond debt is satisfied. All debt is projected to be repaid no later than the duration period of the Plan. The total amount of bonded indebtedness and the amount of revenue generated by revenue allocation is dependent upon the extent and timing of private development. Should all of the development take place as projected, bonded indebtedness could be extinguished earlier, dependent upon the bond sale documents or other legal obligations. Should private development take longer to materialize, or should the private development be substantially less than projected, then the amount of revenue generated will be substantially reduced and bonds may continue for their full term. The Plan and attachments incorporate estimates and projections based on the NIDC's present knowledge and expectations. The NIDC may modify the project if the Board of Commissioners deems such modifications necessary to effectuate the Plan. The Plan proposes 25 - August 23,2002(12:56PM) Meridian City Council Meeting Agenda March 17,2020— Page 36 of 191 26 certain public improvements, including utility improvements, streetscapes, street improvements, property acquisition, and relocation costs, which will facilitate development in the Revenue Allocation Area. SECTION 504.3 TEN PERCENT LIMITATION Under the Act the base assessed valuation for all revenue allocation areas cannot exceed gross/net ten percent (10%) of the current assessed valuation for the entire City. The base assessment roll, not including utilities and less any homeowner's exemption, for the revenue allocation area is $146,334,050.00. The total assessed value for the City of Meridian as of January 1, 2002, less homeowner's exemptions, is $2,065,940,795. The combined base assessment roll for the Revenue Allocation Area does not exceed ten percent(10%) of the assessed value for the City of Meridian. SECTION 504.4 FINANCIAL LIMITATION The Study identifies several capital improvement projects. Use of any particular financing source for any particular purpose is not assured or identified. Use of the funding source shall be conditioned on any limiting authority. For example, the MDC may consider participation with owners or developers for facade improvements, partial contribution by the MDC, or encouraging certain demonstration projects such as affordable housing projects. Use of revenue allocation funds for that purpose will be limited by the authority of the Act. If revenue allocation funds are unavailable,then the MDC will need to use a different funding source for that improvement, including grant funds. The Study has examined the potential of grant funding. The amount of funds available to the MDC from revenue allocation financing is directly related to the assessed value of new improvements within the revenue allocation area. Under the Act, the MDC is allowed the revenue allocation generated from inflationary increases and New Development Value. The Study has assumed a four and three-tenths percent (4.3%) inflationary increase through year 2026. The Study, with the various estimates and projections, constitutes an economic feasibility study. Costs and revenues are analyzed, and the analysis shows the need for public capital funds during the project. Multiple financing sources including proposed revenue allocation notes and bonds, annual revenue allocations, developer contributions, and other funds are shown. This Study identifies the kind, number, and location of all proposed public works or improvements, a detailed list of estimated project costs, a description of the methods of financing illustrating project costs, and the time when relate costs or monetary obligations are to be incurred. See Idaho Code § 50-2905. Based on these funding sources, the conclusion is that the project is feasible. The information contained in the Study assumes certain projected actions. First, the MDC has projected several bond terms and note issues. The bond term will be finally determined by the marketability of the notes. Under the provisions of the Act, the revenue allocation may continue until the end of the Plan term. Second, the total amount of indebtedness and the amount of revenue generated by revenue allocation is dependent upon the extent and 26 - August 23,2002(12:56PM) Meridian City Council Meeting Agenda March 17,2020— Page 37 of 191 27 timing of private development. Should all of the development take place as projected, indebtedness would be extinguished earlier, dependent upon the bond sale documents and legal obligations therein. Should private development take longer to materialize or should the private development be substantially less than projected, then the amount of revenue generated will be substantially reduced and bonds may continue for their full term. The proposed timing for the public improvements may very well have to be modified depending upon the availability of some of the funds and the NIDC's ability to sell an initial issue of notes or bonds. The Plan has shown that the equalized valuation of the Revenue Allocation Area as defined in the Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Plan. SECTION 504.5 REBATE OF REVENUE ALLOCATION FUNDS In any year during which the NIDC receives revenue allocation proceeds, the NIDC, as allowed by law, is authorized (but not required) to return or rebate to the other taxing entities identified in Attachment 5 of this Plan any revenue allocation funds not previously pledged or committed for the purposes identified in the Plan. Under the Act, the NIDC must first apply all such revenues for the payment of the projected costs of the urban renewal project identified and repayment of principal and interest on any moneys borrowed, indebtedness incurred, or bonds issued by the NIDC and maintain any required reserve for payments of such obligation or indebtedness. Only to the extent revenues of the NIDC exceed these obligations shall the NIDC consider any rebate or return of revenue allocation funds to the other taxing entities. The NIDC shall rebate such funds in a manner that corresponds to each taxing entity's relative share of the revenue allocation proceeds or on the basis of extraordinary service requirements generated by the Project. All other taxing entities shall first receive any such rebate before such rebate shall be disbursed to the City. Attachment 5 describes the NIDC's financing plan for the Project. The Project will be financed, in part, through tax increment financing, using revenue allocation funds as allowed by the Act. The NIDC anticipates that on an annual basis, tax increment, and other funds may be sufficient to satisfy the obligations incurred by the NIDC, even though the entire amount of revenue allocation funds must be pledged for the term of any bonds or other debts incurred by the NIDC. Therefore, on an annual basis, the NIDC will consider the rebate of funds, which funds, may not be revenue allocation funds, but other funds available to the NIDC. SECTION 504.E PARTICIPATION WITH LOCAL IMPROVEMENT DISTRICTS Under the Idaho Local Improvement District Code, Chapter 17,Title 50, Idaho Code, the City has the authority to establish local improvement districts for various public facilities, including, but not limited to, streets, curbs, gutters, sidewalks, storm drains, landscaping, and other like facilities. To the extent allowed by the Law and the Act, the NIDC reserves the authority to participate in the funding of local improvement district facilities. This participation 27 - August 23,2002(12:56PM) Meridian City Council Meeting Agenda March 17,2020— Page 38 of 191 28 may include either direct funding to reduce the overall cost of the LID or to participate as an assessed entity to finance the LID project. n, SECTION 504.7 ISSUANCE OF DEBT AND DEBT LIMITATION Any debt incurred by the MDC as allowed by the Law and Act shall be secured by revenues identified in the debt resolution or revenue allocation funds as allowed by the Act. All such debt shall be repaid within the duration of this Plan. SECTION 504.8 INT IPACT ON OTHER TAXING DISTRICTS AND LEVY RATE A specific delineation of tax dollars generated by revenue allocation upon each taxing district has not been prepared. The overall impact of the revenue allocation project is shown in the Study. Since the passage of House Bill 156 in 1995, taxing entities are constrained in establishing levy rates by a function of the amount each budget of each taxing district can increase on an annual basis. The amounts set forth in the Study would constitute the amounts distributed to other taxing entities from the Revenue Allocation Area if there were no urban renewal project. Each individual district's share of that amount would be determined by its particular levy rate as compared to the other districts in any given year. Therefore, the impact of revenue allocation is more of a product of the imposition of House Bill 156. In addition, without the revenue allocation district and its ability to pay for public improvements and public facilities, fewer substantial improvements within the revenue allocation area would be expected in the next five to ten years, hence there would be lower increases in assessed valuation to be used by the other taxing entities. 1 Additionally, the Study has taken the existing 2001 net levy rate of.010261953 (i.e., deducting the .004 school credit) and imposed a.001 annual reduction levy throughout the term of the Plan. One result of House Bill 156 is the likely reduction of the levy rate as assessed values increase for property within each taxing entity's jurisdiction. If the overall levy rate is less than as assured, the MDC shall receive fewer funds from revenue allocation. SECTION 504.9 LEASE REVENUE BONDS One other potential use of financing is lease revenue bonds from the user of a public facility. For example, a lease base revenue bond may be a way to finance a civic center or City Hall without the use or obligation of revenue allocation proceeds. SECTION 600 ACTIONS BY THE CITY The City shall aid and cooperate with the MDC in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment.of the purposes of this Plan and to prevent the recurrence or spread in the area of conditions causing blight. Actions by the City shall include, but not be limited to, the following: 28 - August 23,2002(12:56PM) Meridian City Council Meeting Agenda March 17,2020— Page 39 of 191 29 (a) institution and completion of proceedings necessary for changes and improvements in private and publicly-owned property, rights-of-way, or public utilities within or affecting the Project Area; - (b) revision of zoning, if necessary, within the Project Area to permit the land uses and development authorized by this Plan; (c) imposition, wherever necessary, by conditional use permits or other means of appropriate controls within the limits of this Plan upon parcels in the Project Area to ensure their proper development and use; (d) provision for administrative enforcement of this Plan by the City after development, wherein the City and the MDC may develop and provide for enforcement of a program for continued maintenance by owners of all real property, both public and private, within the Project Area throughout the duration of this Plan; (e) building code enforcement; (f) performance of the above actions and of all other functions and services relating to public peace, health, safety, and physical development normally rendered in accordance with a schedule which will permit the redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays; (g) institutional and completion of proceedings necessary for the establishment of a LID under chapter 17, title 50, Idaho Code; (h) the undertaking and completing of any other proceedings necessary to carry out the Project; (i) administration of Community Development Block Grant and other state and federal grant funds that may be made available for the Project; (j) appropriate agreements with the MDC for administration, supporting services, funding sources, and the like; (k) the waiver of any hookup or installation fee for sewer, water, or other utility services for any facility owned by any public agency, including the MDC; and (l) the imposition, whenever necessary (by conditional use permits or other means as appropriate) of controls within the limits of this Plan upon parcels in the Project Area to ensure their proper development and use. The foregoing actions to be taken by the City do not constitute any commitment for financial outlays by the City. 29- August 23,2002(12:56PM) Meridian City Council Meeting Agenda March 17,2020— Page 40 of 191 30 SECTION 700 ENFORCEMENT The administration and enforcement of this Plan, including the preparation and execution - ' of any documents implementing this Plan, shall be performed by the MDC and/or the City. The provisions of this Plan or other documents entered into pursuant to this Plan may also be enforced by court litigation instituted by either the MDC or the City. Such remedies may include, but are not limited to, specific performance, damages, reentry, injunctions,or any other remedies appropriate to the purposes of this Plan. In addition, any recorded provisions which are expressly for the benefit of owners of property in the Project Area may be enforced by such owners. SECTION 800 DURATION OF THIS PLAN Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan shall be effective for twenty-four(24) years from the date of adoption of the original Plan by the City Council in 2002, which period shall expire on December 31, 2026, except for any revenue allocation proceeds received in calendar year 2027. This plan shall terminate no later than December 31, 2026, except for revenues which may be received in 2027. Either on January 1,2026, or if the MDC determines an earlier terminate date: (a) When the revenue allocation area plan budget estimates that all financial =' obligations have been provided for,the principal of and interest on such moneys, indebtedness, and bonds have been paid in full or when deposits in the special fund or funds created under this chapter are sufficient to pay such principal and interest as they come due, and to fund reserves, if any, or any other obligations of the MDC funded through revenue allocation proceeds shall be satisfied and the MDC has determined no additional project costs need be funded through revenue allocation financing, the allocation of revenues under Section 50-2908, Idaho Code, shall thereupon cease; any moneys in such fund or funds in excess of the amount necessary to pay such principal and interest shall be distributed to the affected taxing districts in which the revenue allocation area is located in the same manner and proportion as the most recent distribution to the affected taxing districts of the taxes on-the taxable property located within the revenue allocation area; and the powers granted to the urban renewal agency under Section 50-2909, Idaho Code, shall thereupon terminate. (b) In determining the termination date, the Plan shall recognize that the MDC shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the urban renewal plan. (c) For the fiscal year that immediately predates the terminate date, the MDC shall adopt and publish a budget specifically for the projected revenues and expenses of 30- August 23,2002(12:56PM) Meridian City Council Meeting Agenda March 17,2020— Page 41 of 191 31 the Plan and make a determination as to whether the revenue allocation area can be terminated before January 1 of the termination year pursuant to the terms of 'mot: Section 50-2909(4), Idaho Code. In the event that the MDC determines that current tax year revenues are sufficient to cover all-estimated expenses for the current year and all future years, by September 1, the MDC shall adopt a resolution advising and notifying the local governing body, the county auditor, and the State Tax Commission, recommending the adoption of an ordinance for termination of the revenue allocation area by December 31 of the current year, and declaring a surplus to be distributed as described in Section 50-2909, Idaho Code, should a surplus be determined to exist. The MDC shall cause the ordinance to be filed with the office of the county recorder and the Idaho State Tax Commission as provided in Section 63-215, Idaho Code. Upon termination of the revenue allocation authority of the urban renewal plan to the extent the MDC owns or possesses any assets, the MDC shall dispose of any remaining assets by granting or conveying or dedicating such assets to the City of Meridian. SECTION 900 PROCEDURE FOR AMENDMENT The Plan may be further modified at any time by the MDC, provided that, if modified after disposition of real property in the Project Area or after execution of an owner participation agreement, the modifications must be consented to by the developer or developers or their successor or successors of such real property whose interest is substantially affected by the proposed modification. Where the proposed modification will substantially change the Plan, the modifications must be approved by the Meridian City Council in the same manner as the original Plan. Substantial changes for Meridian City Council approval purposes shall be regarded as revisions in project boundaries, land uses permitted, land acquisition, and other changes which will violate the objectives of this Plan. SECTION 1000 SEVERABILITY If any one or more of the provisions contained in this Plan to be performed on the part of the MDC shall be declared by any court of competent jurisdiction to be contrary to law, then such provision or provisions shall be null and void and shall be deemed separable from the remaining provisions in this Plan and shall in no way affect the validity of the other provisions of this Plan. SECTION 1100 ANNUAL REPORT Under the Law, the MDC is required to file with the City, on or before March 31 of each year, a report of the MDC's activities for the preceding calendar year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such calendar year. 31 - August 23,2002(12:56PM) Meridian City Council Meeting Agenda March 17,2020— Page 42 of 191 32 Attachment 1 Description of the Project Area and Revenue Allocation Area Boundaries Approximately 660 acres with boundaries of the I-84 freeway on the south, Cherry Lane/Fairview Avenue on the north, W. 4th Street on the west and Five Mile Creek on the east. [Note: Legal Description of Project Area will be forthcoming. See Attachment 2 for a map of the Project Area.] 3 32 - August 23,2002(12:58PM) Meridian City Council Meeting Agenda March 17,2020— Page 43 of 191 November 22, 2002 PROJECT AREA AND REVENUE ALLOCATION BOUNDARY OF THE MERIDIAN URBAN RENEWAL PROJECT MERIDIAN, IDAHO A tract of land consisting of approximately 665 acres being portions of Sections 7 and 18 of Township 3 North, Range 1 East and portions of Sections 12 and 13 of Township 3 North,Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho. Said tract being more particularly described as follows: Commencing at the Section Corner common to Sections 12 and 13 of Township 3 North, Range 1 West and Sections 7 and 18 of Township 3 North,Range 1 East of the Boise Meridian, thence along the section line common to said Sections 12 and 13, being the centerline of Franklin Road North 89°32'43" West 1328.12 feet to the East 1/16t' Corner on said section line, said corner being the POINT OF BEGINNING;thence leaving said section line North 00°41'03" East 1622.42 feet along the west boundary and its northerly extension of Taylor Subdivision, Book 11 at Page 637, Ada County records to the north right-of-way line of the Union Pacific Railroad;thence South 88°43'21"East 55.72 feet along said north right-of-way;thence leaving said right-of-way North 00°45'49"East 74.97 feet along the southerly extension of the centerline of West 4th Street; thence North 88°43'54" West 67.77 feet; thence continuing on a line tracing the westerly property lines of the parcels which are adjacent to the west right-of-way line of said West 4t' Street the following courses: North 00°35'17"East 267.95 feet to the south right-of-way line of West Broadway Avenue; thence North 21°17'16" West 64.73 feet to the north right-of-way line of West Broadway Avenue; thence North 00°31'10"East 13 7.8 8 feet; thence North 89°28'10" West 13.50 feet;thence North 00043'43" East 137.64 feet to the south right-of-way line of West Idaho Avenue; thence North 05056'27" West 60.39 feet to the north right-of-way line of West Idaho Avenue;thence North 00°42'58" East 120.01 feet; thence North 89012'15" West 4.50 feet; thence North 00041'42"East 144.26 feet to the south right-of-way line of West Pine Avenue; thence North 090 12'40" West 60.91 feet to the north right-of-way line of West Pine Avenue;thence North 01011'23"East 301.00 feet; thence North 89°09'24" West 25.41 feet;thence North 00014'20"East 228.60 feet;thence North 89°29'47"East 16.70 feet; thence North 01015'34"East 89.92 feet to the south right-of-way line of West Carlton Avenue; thence North 11°03'17" West 42.90 feet to the north right-of-way line of West Carlton Avenue; thence North 00°26'51"East 64.39 feet; thence North 88012'50" West 1.00 feet;thence Meridian City Council Meeting Agenda March 17,2020— Page 44 of 191 November 22, 2002 Page 2 of 5 North 31°07'S5" West 65.88 feet; thence South 89033'11" East 35.50 feet; thence North 00°26'51" East 135.47 feet to the south right-of-way line of West Washington Street;thence North 00°14'19" East 60.00 feet to the north right-of-way line of West Washington Street;thence North 00035'49"East 72.00 feet to the northwest corner of Lot 4 of the City of Meridian Park View Addition, Book'12 of Plats at Page 663, Ada County records; thence along the north line of said Lot 4 and its easterly extension South 89°25'55" East 149.85 feet to the centerline of said West 4"' Street; thence North 00°25'30"East 1571.65 feet to the north line of said Section 12, said north line being the centerline of Cherry Lane; thence along said north line South 89°26'30"East 1263.31 feet to Northeast corner of said Section 12 at the intersection of said Cherry lane with Fairview Avenue(US Highway 30) and Meridian Road; thence North 88034'34"East 1773.74 feet along the north line of said Section 7 said north line being within the right-of-way of said Fairview Avenue (US Highway 30); thence leaving said north line of Section 7 South 00°30'10" West 959.19 feet along the east boundary of a parcel of land designated by Ada County Tax Parcel#S 1107212705 to the north right-of-way line of East Badley Avenue; thence along said north right-of-way line North 89°46'S6" West 101.40 feet; thence leaving said north right-of-way line of East Badley Avenue - South 00°33'20" West 761.53 feet along the centerline of East 4`h Street(unopened right-of-way) to the intersection with the centerline of East Washington Avenue; thence North 89°36'10"East 580.24 feet along said centerline of East Washington Avenue to the west boundary of Sterling Creek Subdivision, Book 77 of Plats at Pages 8100-8101, Ada County records;thence tracing said Sterling Creek Subdivision boundary the four(4) courses South 00°35'53" West 276.09 feet; thence South 89120'48"East 150.00 feet; thence North 00°3 5'S3"East 272.64 feet returning to said centerline of East Washington Avenue;thence along said centerline North 89°34'56"East 226.36 feet to the west boundary of Danbury Fair Subdivision No. 5,Book 70 of Plats at Pages 7224-7225, Ada County records; thence along said west boundary of Danbury Fair Subdivision No. 5 the following four courses: South 33°13'49" West 183.42 feet; thence South 04°06'26" West 354.61 feet; thence South 37°55'28"East 145.72 feet; thence South 38°43'05"East 457.95 feet along the southwest boundary line of said Danbury Fair Subdivision No.5 and it southeasterly extension to the south right-of-way line of East Pine Avenue;thence along said south right-of-way line South 89°34'38" West 152.89 feet to the northwest corner of Oliason Park Subdivision, Book 80 of Plats at Pages 8659 and 8660, Ada County records; thence along the east boundary line of said Oliason Park Subdivision South 0094'41" West 373.46 feet to the centerline of East Idaho Avenue;thence along said centerline of East Idaho Avenue Meridian City Council Meeting Agenda March 17,2020— Page 45 of 191 November 22, 2002 Page 3 of 5 North 89025'46" West 333.50 feet to the north-south centerline of said Section 7; thence leaving said centerline of East Idaho Avenue South 00035'48" West 329.50 feet along said north-south centerline of Section 7 to the north line of a parcel of land designated by Ada County Tax Parcel #O 1107325600 (being a railroad right-of-way parcel); thence tracing said parcel clockwise South 88°46'23"East 235.20 feet; thence South 00035'18" West 410.00 feet; thence North 88032'20" West 235.20 feet; thence leaving the south line of said railroad parcel South 00°41'03" West 407.79 feet crossing the Union Pacific Railroad right-of-way and Bown's Railroad Addition, Book 4 at Page 165, Ada County records to the south right-of-way line of East Bower Street;thence along said south right-of-way line of East Bower Street North 89032'46" West 9.27 feet; thence continuing along said south right-of-way line Along a curve to the right 77.72 feet, said curve having a radius of 55.00 feet, a delta angle of 80057'36" and a chord bearing and distance North 89032'46"West 71.41 feet; thence continuing along said south right-of-way line North 89032'46" West 597.38 feet; thence leaving said right-of-way South 00018'57" West 85.25 feet along the line common to Bown's Second Addition, Book 5 at Page 216 and Meridian Business Park, Book 70 at Pages 7158-7159, Ada County records; thence continuing along said common line South 00031'11" West 1031.39 feet to the section line common to said Sections 7 and 18, said section line also being the centerline of Franklin Road;thence South 89019'06" West 630.69 feet along said section line;thence leaving said section line South 00°31'16" West 282.35 feet along the west boundary of Honor Park Subdivision No. 3, Book 78 of Plats at Pages 8191-8192, Ada County Records;thence continuing along the boundary of said Honor Park Subdivision No. 3 North 89°30'36"East 622.00 feet;thence South 00043'S9" West 1048.33 feet to the north boundary line of Honor Park Subdivision No. 2, Book 68 at Pages 6959-6960, Ada County records;thence along said north boundary line of Honor Park No. 2 and the north boundary of Lots 4 and 2, Block 2 of Honor Park Subdivision No. 1,Book 65 of Plats at pages 6652-6653, Ada County records South 8991'26" West 858.88 feet to the northwest corner of said Lot 2;thence along the west line of said Lot 2 South 00°41'30" West 164.14 feet to the north right-of-way line of East Waterhouse Lane;thence along said north right-of-way line South 89°32'37" West 105.09 feet;thence leaving said north right-of-way line South 00°27'16"East 243.03 feet crossing said East Waterhouse Lane and following the line common to Lot 1 and Lot 2, Block 1 of said Honor Park No.1 to the north line of Central Valley Corporate Park No. 1, Book 57 at Pages 5332-5333, Ada County Records; thence South 89032'40" West 70.76 feet along said north line of Central Valley Corporate Park No. 1 to the northeast corner of Lot 1, Block 1 of said subdivision; thence along the east line of said Lot 1 and its southerly extension Meridian City Council Meeting Agenda March 17,2020— Page 46 of 191 November 22, 2002 Page 4 of 5 South 00°29'44"East 320.73 feet to the centerline of East Corporate Drive; thence along said centerline of East Corporate Drive South 70°11'43" East 116.89 feet to the centerline intersection with East Progress Avenue; thence following the centerline of East Progress Avenue the following courses: South 20°02'10" West 162.62 feet; thence Along a curve to the right 15.07 feet, said curve having a radius of 100.00 feet, a delta of 8°38'05" and a chord bearing and distance of South 24021'12"West 15.06 feet; thence South 28°27'06" West 722.57 feet; thence Along a curve to the left 92.39 feet, said curve having a radius of 200.00 feet, a delta of 26028'04" and a chord bearing and distance of South 15°13'04" West 91.57 feet;thence South 01052'39" West 171.22 feet; thence Along a curve to the left 132.89 feet, said curve having a radius of 270.00 feet, a delta of 28°12'01" and a chord bearing and distance of South 12007'10"East 131.55 feet; thence South 26013'11" East 48.68 feet;thence Along a curve to the right 57.26 feet, said curve having a radius of 330.00 feet, a delta of 9°56'32" and a chord bearing and distance of South 21°14'55" East 57.19 feet; thence leaving said centerline of South Progress Avenue South 29°07'22" West 86.63 feet along the northwesterly line and its northeasterly extension of Lot 10, Block 4 of Central Valley Corporate Park No. 6, Book 76 of Plats at Pages 7960-7964, Ada County records; thence continuing along the westerly boundary of said Lot South 30006'40" West 179.76 feet; thence continuing long said westerly boundary of said Lot 10 and its southerly extension through Lot 11 of said Block 4 South 06'40'11" West 150.09 feet to the northerly right-of-way of Interstate Highway 84; thence along said northerly right-of-way North 63045'17" West 107.10 feet;thence North 68°59'20" West 80.00 feet;thence leaving said northerly right-of-way North 87048'00" West 146.72 feet to a point on the section line common to said Sections 18 and 13; thence continuing North 87048'00" West 70.21 feet to a point on said northerly right-of-way line of Interstate Highway 84;thence along said northerly right-of-way the following courses: South 71°00'08" West 402.38 feet; thence South 74038'59" West 471.23 feet; thence South 83021'56" West 332.84 feet;thence North 89°29'55" West 1400.79 feet;thence leaving said northerly right-of-way North 00030'34"East 1050.00 feet along the north-south centerline of said Section 13;thence leaving said north-south centerline and following the east boundary of The Landing Subdivisions No. 9, Book 74 of Plats at Pages 7658-7659 and The Landing Subdivision No. 8, Book 70 of Plats at Pages 7230-7231 the following courses: North 89°19'42" West 200.00 feet; thence North 00026'52" East 275.00 feet;thence South 89°29'22"East 200.00 feet; thence Meridian City Council Meeting Agenda March 17,2020- Page 47 of 191 f " November 22, 2002 Page 5 of 5 North 00°35'24" East 837.18 feet; thence leaving said east boundary of The Landing Subdivision No. 8 and following the southerly boundary of Franklin Square Subdivision, Book 44 of Plats at Pages 3587-3588, Ada County records South 61°20'43" East 373.07 feet; thence South 89°28'20" East 332.51 feet; thence North 00°27'35" East 107.48 feet along the east line of said Franklin Square Subdivision to the southwest corner of Troutner Park Subdivision, Book 75 of Plats at Pages 7762-7764; thence along the southerly and easterly boundary of said Troutner Park Subdivision the following courses: South 85°13'34"East 147.44 feet; thence North 80°22'14"East 523.38 feet; thence North 00°42'41" East 142.03 feet; thence South 89°40'42" East 790.29 feet; thence North 00°50'22"East 329.04 feet;thence North 89°26'21" West 128.88 feet; thence North 00038'21" East 663.30 feet; thence North 8903F58" West 663.22 feet; thence North 00042'23"East 349.90 feet; thence leaving said east boundary of Troutner Park Subdivision North 00042'23"East 313.66 feet to the POINT OF BEGINNING. Meridian City Council Meeting Agenda March 17,2020— Page 48 of 191 33 Attachment 2 Project Area-Revenue Allocation Area Boundary Map 33 - August 23,2002(12:59PM) Meridian City Council Meeting Agenda March 17,2020— Page 49 of 191 as■■■ � C■�s+ r IN N a '�►*sue C -- �t � � ` now ♦ +� ■mamma■ �� _ �� �r ■.. ■on ■�a ■ s i►► a �R11a :��u.p .� �` =`■ �� �� �� yip� +►'"r+� ■■■■A■ ■ ■■m■<ff■■ ■■ � �� -- Riff ■■■�� RI = r���R{��t� f■f■■■ff■■■ .■ . . C Ilrlllf■ �1" ■/� ■11'� ■■■_ ■■�t' C:sm —■■■■r :� ■■■■�■a■ ■� ■ ' IIINIR> fill: I�Il.� Iift: mlir' ■■■■I■ ���� �a .iara■■■■s .� R ■ +► �► �� • —■■■■■■■■■ i -- -- ■ 'i111111 mill! milli 11N1: :1■■ :■■Ii ♦i •� •� : :Rlm■■lmffl f 11■ ■� 11�1it' Mire f■1111 1111: 111111 fNl■ � �� — — —- ■■ �fr 11111 ■ .111■ fill: �:I��1t�1 ' � ;;;: .f■ lrllNl1i■ r 11- �. C :'+1�;�„ -,uulr ��� .1rr11 11111 ■11111111 af■ ;; f■ ■■ mill 9 I ■ 1■1I1■�'�i+■ .... .■flG �11 on IIRI 11— r>T.- �,'�"" �Iff tlRrll RUN :1111 t���a♦ s : � `■������ ���� fill ■ �■= ■1■ m� 111ff�r■■ i � �� i �r ■■�rr� � !IIIIIC' 1��: 1��1� ��■ �■ ■ ■��I■ �Il�: lull �� � � �� � r �I/ mill .111: Iloilo � n � � � 1111: CIII: � � ,, ,■ Sill LCM Rf� ' ■11NIN{{I11{f� � 1�111�a�1 34 Attachment 3 Private Properties Which May Be Acquired by MDC J 1. No particular properties have been identified for acquisition by MDC, except as may be required for the objectives of the Plan. MDC does intend to acquire certain properties, if necessary, to achieve the civic center location and parking structures within the Old Town or Blue Zone area. 2. The MDC also reserves the right to acquire any additional right-of-way or access routes near or around existing or planned rights-of-way. 3. The MDC reserves the right to acquire property needed to provide adequately sized sites for high priority projects such as public buildings, infrastructure, public parking facilities, transit and transportation facilities, etc. (the exact location of which has not been determined). 7 34- August 23,2002(1:OOPM) Meridian City Council Meeting Agenda March 17,2020— Page 51 of 191 35 Attachment 4 tea, Map Depicting Expected Land Uses and Current Zoning Within Revenue Allocation Area and Project Area 35 - August 23,2002(1:OOPM) Meridian City Council Meeting Agenda March 17,2020— Page 52 of 191 NO Ah .� ■■■■■.��i��:■Illlrl■1_k.�;2';r��:i./++rf tttt+iI QP„..�' `..--. 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MOM��111111111\�w.ttltll III��JI► _� LIII II`i1 iQ III �i■■�tt1 IIIIII I � � � /III 1■ �I��a ■i�i iiil►IIII.t�II/jt/I�I�i i ��, .. 111I UU n■ononrlll■>:�IIIIj I/1i r_' � Imml. :I �IIIIIlI�1i i■11■," ' ���,1, i111iNlimit Itt■r�• fit/��• �� Billion A 111111111111\� a• • `�1',��1� s■..i i■����s \� ■■r o �1sJC Turin ++l•� ■■■■■■�I�,' i �C��•r111 rrrrarr■ ■■■■/ ,`f�1■ .� Jolson �rlaar■i • ■�j���:•���I��♦r i :�C�I-■u■:iiiii`■nr ��.1 I■r t1��j Q�,....�iWIN[ .r s■nr annllllln na �ruunrl � r�1,�f �♦�� �ji CC�Ir■n a�nrrr i�PSI - R� ..o .:�Ii�.a�i fir r.► ..■■■■........:�...� .nnnl Inns S, • ♦ p r•.�r •■nv • anal■n� ::=. �4y��I��j ��♦ ��j ■■��\■■■■ ."�■' :i►ii�iiiis= :�►�i.� ►��i,1:�•♦j�O�/�■i�/►1I�I���p��wii:i��p�■.I . 1 FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT MERIDIAN URBAN RENEWAL AGENCY (also known as the Meridian Development Corporation) CITY OF MERIDIAN, IDAHO Ordinance No. 02-987 Adopted December 3, 2002 Effective December_, 2002, publication First Amendment to the Plan Ordinance No. Adopted , 2020 Effective , 2020,publication FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT- I Meridian City Council Meeting Agenda March 17,2020— Page 54 of 191 BACKGROUND This First Amendment ("First Amendment") to the Meridian Revitalization Plan Urban Renewal Project (the "Plan") deannexes certain parcels from the plan area/revenue allocation area created by the Plan commonly referred to as the "Downtown District Project Area," adopted by Meridian City Council Ordinance No. 02-987, on December 3, 2002. The scope of this First Amendment is limited to addressing the deannexation of certain parcels from the Downtown District Project Area. It is important to note this First Amendment to the Plan does not extend the Plan's duration. The Plan terminates on December 31, 2026; however, revenue allocation proceeds will be received in 2027 pursuant to Idaho Code § 50-2905(7). As a result of the deannexation, in 2020 through the remaining years of the Plan, the Meridian Urban Renewal Agency also known as the Meridian Development Corporation (the "MDC") will cease receiving an allocation of revenues from the deannexed parcels. Unless otherwise altered by legislation becoming law during the 2020 Legislative Session, the increment value of the parcels deannexed from the Downtown District Project Area shall be included in the net taxable value of the taxing district when calculating the subsequent property tax levies pursuant to section 63-803, Idaho Code. The increment value shall also be included in subsequent notification of taxable value for each taxing district pursuant to section 63-1312, Idaho Code, and subsequent certification of actual and adjusted market values for each school district pursuant to section 63-315, Idaho Code. The Ada County Assessor's Office maintains the value information, including the increment value, if any, included on the new construction roll for new construction associated with the deannexed parcels. The amount added to the new construction roll will equal the amount by which the December 31, 2019, increment value exceeds the increment value as of December 31, 2006. Currently, the revenue allocation proceeds from the deannexed parcels secure repayment of that certain [INSERT OBLIGATION] in the principal amount of up to $ (the "Note") held by Bank. The deannexation of certain parcels within the boundaries of the Downtown District Project Area by adoption of the First Amendment results in a reduction in the revenue allocation proceeds received by MDC and pledged to Bank in that certain , dated , as amended (the "Note Purchase Agreement"). Pursuant to the terms of the Note Purchase Agreement, Bank must consent to a reduction in its security, and such consent must be obtained on or before the City Council approves and adopts the First Amendment, on 52020. House Bill 606, effective July 1, 2016, amended the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act") firmly establishing "[f]or plans adopted or modified prior to July 1, 2016, and for subsequent modifications of those urban renewal plans, the value of the base assessment roll of property within the revenue allocation area shall be determined as if the modification had not occurred." Idaho Code § 50-2903(4). Though the provisions of Idaho Code § 50-2903A do not apply to the Plan, a plan amendment or modification to accommodate a de-annexation in the revenue allocation boundary is a specifically identified exception to a base reset. Idaho Code § 50-2903A(1)(a)(iii). This highlights the legislative support for these types of amendments. FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT- 2 Meridian City Council Meeting Agenda March 17,2020— Page 55 of 191 AMENDMENTS TO THE PLAN 1. Definitions. Capitalized terms not otherwise defined herein shall have the respective meanings ascribed to such terms in the Plan. 2. The following defined terms are amended throughout the Plan as follows: (a) Delete "Project Area" and replace with "Amended Project Area" except where specifically referenced in this First Amendment. (b) Delete references to "Attachment 5" and replace with "Attachment 5, as supplemented by Attachments 5A" except where specifically referenced in this First Amendment. 3. Amendment to List of Attachments. The List of Attachments on page vi is amended by deleting the list of attachments and replacing it as follows: Attachment 1 Legal Description of the Project Area and Revenue Allocation Area Boundaries Attachment 1A Legal Description of the Boundary of the Deannexed Area Attachment 2 Project Area-Revenue Allocation Area Boundary Map Attachment 2A Boundary Map of the Deannexed Area Attachment 3 Properties Which May be Acquired by the Agency Attachment 4 Map Depicting Expected Land Uses and Current Zoning Within the Amended Project Area Attachment 5 Economic Feasibility Study, Meridian Urban Renewal Area Attachment 5A Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2020 Deannexation 4. Amendment to Section 100 of the Plan. Section 100 is amended by deleting the list of attachments and replacing it as follows: Legal Description of the Project Area and Revenue Allocation Area Boundaries (Attachment 1); Legal Description of the Boundary of the Deannexed Area (Attachment IA); Project Area-Revenue Allocation Area Boundary Map (Attachment 2); Boundary Map of the Deannexed Area (Attachment 2A); FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT- 3 Meridian City Council Meeting Agenda March 17,2020— Page 56 of 191 Properties Which May be Acquired by the Agency (Attachment 3); Map Depicting Expected Land Uses and Current Zoning Within the Amended Project Area(Attachment 4); Economic Feasibility Study, Meridian Urban Renewal Area(Attachment 5); Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2020 Deannexation(Attachment 5A). 5 Amendment to Section 102.1 of the Plan. (a) Section 102.1 entitled "CONFORMANCE WITH STATE OF IDAHO URBAN RENEWAL LAW OF 1965, AS AMENDED" is amended by adding new paragraphs to the end of the existing language as follows: This First Amendment to the Plan (the "First Amendment") deannexes certain parcels from the existing Project Area, resulting in an "Amended Project Area" as further described and shown in Attachments 1 and 2. In accordance with the Law, this First Amendment was submitted to the Planning and Zoning Commission of the City of Meridian. After consideration of the First Amendment, the Commission filed a Resolution dated , 2020, with the City Council stating that the First Amendment is in conformity with the Comprehensive Plan for the City of Meridian, adopted on December 17, 2019, by Resolution No. 19-2179. Pursuant to the Law, the City Council, having published due notice thereof, held a public hearing on the First Amendment. Notice of the hearing was duly published in a newspaper having general circulation. The City Council adopted the First Amendment on 2020, pursuant to Ordinance No. 6. Amendment to Section 200 of the Plan. (a) Section 200 entitled "DESCRIPTION OF PROJECT AREA" is deleted and replaced as follows: DESCRIPTION OF THE AMENDED PROJECT AREA The boundaries of the Project Area and of the Revenue Allocation Area are described in Attachment 1, which is attached hereto and incorporated herein by reference, and are shown on the Project Area and Revenue Allocation Area Boundary Map, attached hereto as Attachment 2 and incorporated herein by reference. The Project Area includes several parcels of property which are located outside FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT- 4 Meridian City Council Meeting Agenda March 17,2020— Page 57 of 191 the geographical boundaries of the City but within the City's impact area. MDC has an existing agreement with Ada County related to such parcels. The First Amendment has no impact on that agreement. Pursuant to the First Amendment, the boundaries of the deannexed area is described in the Legal Description of the Boundary of the Deannexed Area is Attachment 1A and are shown on the Boundary Map of the Deannexed Area in Attachment 2A. The attachments referenced above are attached hereto and are incorporated herein by reference. 7. Amendment to Section 302 of the Plan. (a) Section 302 is amended by deleting the first sentence of the second paragraph and replacing it as follows: The Amended Project Area includes the area as described in Section 200. 8. Amendment to Section 504 of the Plan. (a) Section 504 is amended by adding a new sentence immediately following the end of the first sentence of the first paragraph as follows: Revenue allocation financing authority for the deannexed parcels pursuant to the First Amendment will be terminated effective January 1, 2020. (b) Section 504 is amended by adding the following at the end of the fourth paragraph as follows: No modifications to the analysis set forth in Attachment 5 have been made as a result of the First Amendment. The estimated financial impact to MDC as a result of the deannexation of certain underdeveloped parcels from the existing Project Area pursuant to the First Amendment is set forth in Attachment 5A. 9. Amendment to Section 504.1 of the Plan. (a) Section 504.1 is amended by adding a new sentence at the end of the paragraph as follows: No modifications to the Study have been made as a result of this First Amendment; however, Attachment 5A includes the estimated financial impact to MDC as a result of the deannexation of certain underdeveloped parcels from the existing Project Area pursuant to the First Amendment prepared by Kushlan I Associates and SMR Development, LLC. FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT- 5 Meridian City Council Meeting Agenda March 17,2020— Page 58 of 191 10. Amendment to Section 504.3 of the Plan. (a) Section 504.3 is amended by adding a new sentence at the end of the paragraph as follows: The deannexation of parcels from the existing Project Area pursuant to the First Amendment will not substantively change this analysis. 11. Amendment to Section 504.4 of the Plan. (a) Section 504.4 is amended by adding a new sentence at the end of the second paragraph as follows: The deannexation of parcels from the existing Project Area pursuant to the First Amendment will reduce the amount of revenue generated by revenue allocation as set forth in Attachment 5A. (b) Section 504.4 is amended by adding a new sentence at the end of the third paragraph as follows: Attachment 5A includes the estimated financial impact to MDC as a result of the deannexation of certain underdeveloped parcels from the existing Project Area. Based on the findings set forth in Attachment 5A, the conclusion is the deannexation of certain parcels from the existing Project Area does not materially reduce revenue allocation and the Project continues to be feasible. 12. Amendment to Section 800 of the Plan. (a) Section 800 is amended by adding a new sentence at the end of the first paragraph as follows: The deannexation of parcels from the existing Project Area pursuant to the First Amendment has no impact on the duration of this Plan. 13. Amendment to Plan to add new Attachment IA. The Plan is amended to add new Attachment IA entitled "Legal Description of the Boundary of the Deannexed Area," attached hereto. 14. Amendment to Plan to add new Attachment 2A. The Plan is amended to add new Attachment 2A entitled"Boundary Map of the Deannexed Area," attached hereto. 15. Amendment to Plan to add new Attachment 5A. The Plan is amended to add new Attachment 5A entitled "Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2020 Deannexation," attached hereto. 16. Downtown District Plan Remains in Effect. Except as expressly modified in this First Amendment, the Plan and the Attachments thereto remain in full force and effect. FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT- 6 Meridian City Council Meeting Agenda March 17,2020— Page 59 of 191 Attachment IA Legal Description of the Boundary of the Deannexed Area Meridian City Council Meeting Agenda March 17,2020— Page 60 of 191 A% 5awtooth Land Surveying, LLC 5 1�1/TOOTI� P: (208) 398-81 04 F: (208) 398-8 105 LanoSuivey;, ;/_:G 2030 5. Washington Ave., Emmett, ID 83G 17 De-Annexation Legal Description A tract of land consisting of approximately 15.90 acres being a portion of Section 7,Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho,more particularly described as follows: COMMENCING at the Section corner common to Sections 7, 12, 13 and 18 of Township 3 North,Range 1 East, Boise Meridian; thence North 53°01'09"East, 2291.26 feet to the intersection of the southerly right of way of Union Pacific Railroad and the westerly right of way of N. Main St. and the POINT OF BEGINNING; thence North 0'33'11"East,coincident with said westerly right of way of N. Main St., 639.69 feet to the northerly right of way of E. Broadway Ave.; thence South 88°42'24"East,coincident with said northerly right of way of E. Broadway Ave., 380.05 feet to the westerly right of way of E. 2nd St.; thence North 0'33'15"East,coincident with said westerly right of way of E. 2nd St., 336.24 feet to the northerly right of way of E. Idaho Ave.;thence South 88°38'29"East, coincident with said northerly right of way of E. Idaho Ave.,464.82 feet to the easterly right of way of E. 3rd St.;thence South 1°21'54"West,coincident with said easterly right of way of E. 3`d St., 978.24 feet to said southerly right of way of Union Pacific Railroad; thence North 88°30'19"West,coincident with said southerly right of way of Union Pacific Railroad, 831.04 feet to the POINT OF BEGINNING. 1Sit 0 ,c a11574 � OF BEAG�' P : 12020 \ 1 EMT \ 1200018 - MERIDIAN STATION DE ANNEXAT10N \ Survey , Orawings \ Descriptions \ 1200 8 :fie a i t; xj is legal . dccxB doc Page 11 Meridian City Council Meeting Agenda March 17,2020— Page 61 of 191 Attachment 2A Boundary Map of the Deannexed Area Meridian City Council Meeting Agenda March 17,2020— Page 62 of 191 REVENUE ALLOCATION BOUNDARY OF THE MERIDIAN URBAN RENEWAL PROJECT DE ANNEXATION PARCEL MERIDIAN, IDAHO W CHERRY LN E FAIRVIEW AVE z LINE BEARING DISTANCE D Ll N 00033'11"E 639.69' L2 S 88042 24"E 380.05' D L3 N 00033'15"E 336.24' L4 S 8803829"E 464.82' O r t �Fri L5 S 01°21'54"W 978.24' J a L6 N B8030'19"W 831.04' m m m m ` N) W PINE AVE E PINE AVE W IDAHO AVE L4 .. M d•.....:is...... L2 W BROADWAY AVE Ln ------------------- L6 RAIL ROAD 12 7Z W FRANKLIN RD -- -- E FRANKLIN RD 13 18 C � E: 0 D D z z Cn 2.1 ST ,� w a 11 74 �2� OFF BEAGti NTS INTERSTATE 84 PROJECT: OWNERIDEVELOPER: 2030 S. WASHINGTON AVE. DWG# URBAN RENEWAL DISTRICT EMMETT, ID 83617 120018-Ex MERIDIAN,DE—ANNEXATION BILL ,I �� P: (208)398-8104 PROJECT# SEC, 7 & 18, T3N, R1 E, B.M. 208-914-6131 F. (208)398-8105 120018 SEC, 12 & 13, T3N, R1 W, B.M. SHEET DATE: 1/27/20 LanS5urveyinV,LLG WWW.SAWTOOTHLS.COM 1 OF 1 Meridian City Council Meeting Agenda March 17,2020— Page 63 of 191 MERIDIAN STATION PARCEL CITY OF MERIDIAN, ADA COUNTY, IDAHO E PINE AVE z K z m m m E�: ry w y z �Q z 0 0 zCn ;(J S 803829"E 464.8 ' E IDAHO AVE N :.:•::. . :::::.: . :::::::......:::............ :•._:.: cry ................:_......................... M :..:::.:......................................... _ ....... ............................... ........ .......... ........ H ....... ............................... ........ M O N S 88°4224"E 380,05, a^, E BROADWAY AVE :.::.:. 3 :::::::::MEItlIRN; A !{?FYR412GEE:-'::.:. : .:.:::{::; d ofI :-.�... ...... .... :::. Ian 9& CIDES::.:;::{:::{......... .:•:::.: u� .:��-:::-:::::.: :........................�........':.'.:':.:_: .' N D_... ...::.:. :::::::ii: ........... ..... ........ ::: :...........: :..:: :::: o W .-� : M 0 p : Z :.:.:�v.it iv::�...... ; ..................................................... ................................ ....................................... / N 88030,191,W 831.04' h0 ST j titi 115.7 127/ W FRANKLIN �� -----138- -- OFy�.� T BE AG NTS PROJECT: OWNER/DEVELOPER: DWG# 2030 S. WASHINGTON AVE. MERIDIAN STATION EMMETT, ID 83617 120018-EX DE—ANNEXATION EXHIBIT BILL TRUAX P: (208)398-8104 PROJECT# MERIDIAN,ID. F: (208)398-8105 120018 SEC, 7, T3N, R1 E, B.M. 208-914-6131 / SHEET DATE: 1/2020 LanSSurueyinq LLC WWW.SAWTOOTHLS.COM 1 OF 1 Meridian City Council Meeting Agenda March 17,2020— Page 64 of 191 Attachment 5A Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2020 Deannexation Scenario 1 Minimal De-Annexation Ada County Owner 2019 2019 Total 2019 Tax Parcel of Base Tax Incremental Tax Record Tax Obligation Publicly Owned Tax Exempt Parcels R5672000856 City Of Meridian $0 $0 $0 R5672000870 Meridian Free Library District $0 $0 $0 R7596000080 City Of Meridian $0 $0 $0 R7596000075 City Of Meridian $0 $0 $0 R7596000065 City Of Meridian $0 $0 $0 R7596000092 Meridian Development $0 $0 $0 Corporation R7794650100 Second&Broadway $0 $0 $0 Condominium Owners Association R7794650200 COMPASS $0 $0 $0 R7794650300 Valley Regional Transit $0 $0 $0 R7794650400 Valley Regional Transit $0 $0 $0 R7794650500 COMPASS $0 $0 $0 Total Publicly Owned $0 $0 $0 Privately Owned Taxable Parcels S1107325600 $6,805.92 $9,325.84 $16,131.76 Oregon Short Line R R Co S1107325700 $3,858.81 $1,934.81 $5,793.62 Oregon Short Line R R Co R7596000545 $686.75 $784.96 $1,471.71 Oregon Short Line R R Co R7596000545-A $0 $0 $0 Oregon Short Line R R Co Total Tax Obligation-Private $11,351.48 $12,045.61 $23,397.09 2019 Incremental Revenue loss to MDC as a result of De-annexation Minimal De-annexation Source: Ada County Assessor Records 4851-4344-7734,v. 1 Meridian City Council Meeting Agenda March 17,2020— Page 65 of 191 E IDIAN Community Development Dept. I DA H O Meridian City Hall, Suite 102 33 E. Broadway Avenue Community Development Department Meridian, Idaho 83642 MEMORANDUM DATE: March 13, 2020 TO: Mayor and City Council FROM: Cameron Arial, Community Development Director RE: First Amendment to the Meridian Revitalization Plan and Union District Urban Renewal Plan Dear Mayor and Council, At the request of the Meridian Development Corporation (MDC)and in an effort to continue and enhance downtown redevelopment efforts,the proposed draft documents, First Amendment to the Meridian Revitalization Plan ("Amendment") providing for the de-annexation of 15 parcels; and Union District Urban Renewal Plan ("Plan"),will be presented at your March 17, 2020 meeting for review, discussion, and input. For a detailed review, each of these documents, as well as the original Meridian Revitalization Plan, adopted in 2002, are included in your packet. These documents are the next step in the required City process for adoption of a new Urban Renewal District ("URD")that began with the Union District URD Eligibility Report presented on March 10, 2020. SUMMARY Following adoption of Council Resolution 20-2188 directing MDC to prepare the Plan, Galena Opportunity Inc. ("Galena"),the Civic Block RFP winner, has funded the Amendment and Plan preparation by Kushan l Associates and SMR Development, LLC(Consultants). Both documents have been presented to the MDC Board for review, discussion and comment. STAFF ANALYSIS Staff has reviewed the Amendment and Plan report and agrees with the Consultants that the proposed documents are consistent with past MDC urban renewal activities and adhere to the vision for downtown redevelopment. Maps and legal descriptions identifying the 15 parcels have been submitted to the State Tax Commission and Ada County Assessor's Office. Amendment The Amendment is required to de-annex the 15 properties first identified in the Eligibility Report.The annual revenue loss is estimated at$12,000. Union District Plan The economic feasibility study estimates total tax increment revenue of$16,286,437 to be generated over the life of the Plan (Plan will sunset on December 31, 2040).This figure was determined using the following assumptions: • Total private investment of$125,737,000 in the first five years of the Plan, occurring in 2023 and 2025 • Annual land value increase of 1% • Annual improvement value increase of 2% Meridian City Council Meeting Agenda March 17,2020— Page 66 of 191 • A 10%reduction in the current tax rate, held constant through the life of the Plan The projected revenue is sufficient to fund the proposed $15,040,000 public improvements outlined in the Plan.That figure would likely be reduced to$12,040,000 based on an anticipated $3,000,000 impact fee City contribution for the Community Center. Staff is in negotiations with Galena to determine the final Civic Block project scope. Based on the original RFP and contingencies approved by the MDC Board, City Council, and Galena,that scope will likely include mixed uses on the site. COUNCIL ACTION Staff is seeking Council input to the draft Amendment and draft Plan, which will be consolidated with MDC Board comments, in order to finalize both documents.The Amendment and Plan will then move through with the required Planning and Zoning Commission review and affirmation of conformity with the City's Comprehensive Plan, and the anticipated June 2020 City Council public hearing process, leading to adoption. Staff is aware of potential Urban Renewal legislation, but it is staff's understanding that these proposed pieces of legislation would not impact the implementation of the Union District if adopted by June 30, 2020. Sincerely, Cameron Arial, MPA, Ph.D. Community Development, Director Meridian City Council Meeting Agenda March 17,2020— Page 67 of 191 �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item - 5.13. Presenter: Estimated Time for Presentation: Title of Item - Presentation and Discussion of the Draft Urban Renewal Plan for the Union District Urban Renewal Project Council Notes: mmiab J& MEMO ATTACHMENTS: Description Type Upload Date URD Plan lBackup Material 3/13/2020 REVIEWERS: Clerk. Johnson, Chris Approved 3/13/2020 - 3:57 PM Meridian City Council Meeting Agenda March 17,2020— Page 68 of 191 URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT MERIDIAN URBAN RENEWAL AGENCY (also known as Meridian Development Corporation) CITY OF MERIDIAN, IDAHO Ordinance No. Adopted Effective Meridian City Council Meeting Agenda March 17,2020— Page 69 of 191 TABLE OF CONTENTS Page 100 INTRODUCTION .............................................................................................................. 1 101 General Procedures of the Agency .........................................................................4 102 Procedures Necessary to Meet State and Local Requirements:..............................5 Conformance with Idaho Code Sections 50-2008 and 50-2906.........................5 103 History and Current Conditions of the Area...........................................................5 104 Purpose of Activities...............................................................................................7 200 DESCRIPTION OF PROJECT AREA...............................................................................9 300 PROPOSED REDEVELOPMENT ACTIONS..................................................................9 301 General....................................................................................................................9 302 Urban Renewal Plan Objectives........................................................................... 12 303 Participation Opportunities and Participation Agreements................................... 13 304 Cooperation with Public Bodies........................................................................... 15 305 Property Acquisition............................................................................................. 16 305.1 Real Property 16 305.2 Personal Property...................................................................................... 17 306 Property Management.......................................................................................... 17 During the time real property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such property may be rented or leased by the Agency pending its disposition for development and/or redevelopment, and such rental or lease shall be pursuant to such policies as the Agency may adopt. ............................................................... 17 307 Relocation of Persons (Including Individuals and Families), Business Concerns, and Others Displaced by the Project..................................................................... 18 308 Demolition, Clearance and Site Preparation......................................................... 18 309 Property Disposition and Development................................................................ 18 309.1. Disposition by the Agency........................................................................ 18 309.2 Disposition and Development Agreements .............................................. 19 309.3. Development by the Agency.....................................................................20 310 Development Plans...............................................................................................21 311 Personal Property Disposition..............................................................................21 312 Participation with Others ......................................................................................21 313 Conforming Owners..............................................................................................22 314 Arts and Cultural Funding ....................................................................................22 400 USES PERMITTED IN THE PROJECT AREA..............................................................22 401 Designated Land Uses...........................................................................................22 402 Public Rights-of-Way...........................................................................................22 403 Other Public, Semi-Public, Institutional, and Nonprofit Uses.............................23 404 Interim Uses..........................................................................................................24 405 Development in the Project Area Subject to the Plan...........................................24 i Meridian City Council Meeting Agenda March 17,2020— Page 70 of 191 406 Construction Shall Comply with Applicable Federal, State, and Local Laws and Ordinances and Agency Development Standards................................................. 24 407 Minor Variations...................................................................................................24 408 Design for Development under a Disposition and Development Agreement or Owner Participation Agreement ...........................................................................25 409 Nonconforming Uses............................................................................................26 500 METHODS OF FINANCING THE PROJECT ...............................................................26 501 General Description of the Proposed Financing Methods....................................26 502 Revenue Allocation Financing Provisions............................................................26 502.1 Economic Feasibility Study......................................................................28 502.2 Assumptions and Conditions/Economic Feasibility Statement................28 502.3 Ten Percent Limitation .............................................................................29 502.4 Financial Limitation.................................................................................. 30 502.5 Participation with Local Improvement Districts and Business Improvement Districts .............................................................................. 31 502.6 Issuance of Debt and Debt Limitation...................................................... 32 502.7 Impact on Other Taxing Districts and Levy Rate..................................... 32 503 Lease Revenue, Parking Revenue, and Bonds...................................................... 34 504 Membership Dues and Support of Community Economic Development ............ 34 600 ACTIONS BY THE CITY AND OTHER PUBLIC ENTITIES...................................... 34 601 Maintenance of Public Improvements.................................................................. 35 700 ENFORCEMENT............................................................................................................. 36 800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW.................... 36 900 PROCEDURE FOR AMENDMENT OR MODIFICATION.......................................... 37 1000 SEVERABILITY.............................................................................................................. 38 1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS.......................... 38 1200 APPENDICES, ATTACHMENTS, EXHIBITS, TABLES............................................. 38 ii Meridian City Council Meeting Agenda March 17,2020— Page 71 of 191 Attachments Attachment 1 Boundary Map of Union District Urban Renewal Project Area and Revenue Allocation Area Attachment 2 Legal Description of Union District Urban Renewal Project Area and Revenue Allocation Area Attachment 3 Properties Which May be Acquired by the Agency Attachment 4 Map Depicting Expected Land Uses and Current Zoning Map of the Project Area Attachment 5 Economic Feasibility Study iii Meridian City Council Meeting Agenda March 17,2020— Page 72 of 191 100 INTRODUCTION This is the Urban Renewal Plan (the"Plan") for the Union District Urban Renewal Project(the "Project') in the city of Meridian (the "City"), county of Ada, state of Idaho. Attachments 1 through 5 attached hereto (collectively, the"Plan Attachments") are incorporated herein and shall be considered a part of this Plan. The term "Project' is used herein to describe the overall activities defined in this Plan and conforms to the statutory definition of an urban renewal project. Reference is specifically made to Idaho Code §§ 50-2018(10) and 50-2903(13) for the various activities contemplated by the term "Project." Such activities include both private and public development of property within the urban renewal area. The term "Project' is not meant to refer to a specific activity or development scheme. The Union District Project Area is also referred to as the "Project Area." This Plan was prepared by the Board of Commissioners (the"Agency Board") of the Meridian Urban Renewal Agency, also known as Meridian Development Corporation (the "Agency"), its consultants and staff and reviewed and recommended by the Agency pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"),the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the"Act'), and all applicable local laws and ordinances. Idaho Code § 50-2905 identifies what information the Plan must include with specificity as follows: (1) A statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) A statement listing the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) An economic feasibility study; (4) A detailed list of estimated project costs; (5) A fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds are repaid, upon all taxing districts levying taxes upon property on the revenue allocation area; (6) A description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) A termination date for the plan and the revenue allocation area as provided for in section 50-2903(20), Idaho Code. In determining the termination date, the plan shall recognize that the agency shall receive allocation of revenues in the calendar 1 Meridian City Council Meeting Agenda March 17,2020— Page 73 of 191 year following the last year of the revenue allocation provision described in the urban renewal plan; and (8) A description of the disposition or retention of any assets of the agency upon the termination date. Provided however, nothing herein shall prevent the agency from retaining assets or revenues generated from such assets as long as the agency shall have resources other than revenue allocation funds to operate and manage such assets. This Plan includes the above information with specificity. The proposed redevelopment of the Project Area as described in this Plan conforms to the City of Meridian Comprehensive Plan (the"Comprehensive Plan"), adopted by the Meridian City Council (the "City Council") on December 17, 2019, by Resolution No. 19-2179. The Agency intends to rely heavily on the City's applicable zoning and design standards. This Plan is subject to the Plan modification limitations and reporting requirements set forth in Idaho Code§50-2903A. Subject to limited exceptions as set forth in Idaho Code§ 50-2903A, if this Plan is modified by City Council ordinance, then the base value for the year immediately following the year in which modification occurs shall include the current year's equalized assessed value of the taxable property in the revenue allocation area,effectively eliminating the Agency's revenue stream. Should the Agency have any outstanding financial obligations, the City shall not adopt an ordinance modifying this Plan unless written consent has been obtained by any creditors, including but not limited to lending institutions and developers who have entered into reimbursement agreements with the Agency. A modification shall not be deemed to occur when "[t]here is a plan amendment to support growth of an existing commercial or industrial project in an existing revenue allocation area . . . ." Idaho Code§ 50-2903A(1)(a)(iv). The proposed development of the Project Area is primarily a commercial and/or industrial project. Any adjustment to the list of improvements and/or revenue stream to support growth of the proposed commercial and/or industrial project is not a modification under Idaho Code § 50-2903A. Further,a modification shall not be deemed to occur when "[t]here is a plan amendment to make technical or ministerial changes to a plan that does not involve an increase in the use of revenues allocated to the agency." Idaho Code § 50-2903A(1)(a)(i). Annual adjustments as more specifically set forth in the Agency's annual budget will be required to account for more/less estimated revenue and prioritization of projects. Any adjustments for these stated purposes are technical and ministerial and are not modifications under Idaho Code § 50-2903A. This Plan provides the Agency with powers, duties, and obligations to implement and further the program generally formulated in this Plan for the redevelopment, rehabilitation, and revitalization of the area within the boundaries of the Project Area. The Agency retains all 2 Meridian City Council Meeting Agenda March 17,2020— Page 74 of 191 powers allowed by the Law and Act. This Plan presents a process and a basic framework within which plan implementation, including contracts, agreements and ancillary documents will be presented and by which tools are provided to the Agency to fashion, develop, and proceed with plan implementation. The Plan has balanced the need for flexibility over the twenty (20)-year timeframe of the Plan to implement the improvements identified in Attachment 5, with the need for specificity as required by Idaho Code § 50-2905. The Plan narrative addresses the required elements of a plan set forth in Idaho Code § 50-2905(1), (5), (7)and (8). Attachment 5, together with the Plan narrative, meets the specificity requirement for the required plan elements set forth in Idaho Code § 50-2905(2)-(6), recognizing that actual Agency expenditures are prioritized each fiscal year during the required annual budgeting process. Allowed projects are those activities which comply with the Law and the Act and meet the overall objectives of this Plan. The public-private relationship is crucial in the successful development and redevelopment of the Project Area. Typically,the public will fund enhanced public improvements like utilities, streets,and sidewalks which, in turn, establish the necessary infrastructure to support adjacent private investment, which in this case includes industrial and commercial facilities. The purposes of the Law and Act will be attained through, and the major goals of this Plan, are: a. The installation and construction of public improvements, improvements to existing roadways and intersections, including the installation of traffic signals; installation of curbs, gutters and streetscapes, which for purposes of this Plan, the term "streetscapes" includes sidewalks, lighting, landscaping, benches, bike racks, public art and similar amenities between the curb and right of way line; installation and/or improvements to fiber optic facilities; improvements to public utilities including water and sewer improvements, and fire protection systems; removal, burying, or relocation of overhead utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals; and improvement of storm drainage facilities; b. The planning, design and construction of a community center, and a public structured parking facility; C. The planning, design and construction of a private development multi-purpose commercial and residential facility, and a public surface parking lot; d. The replanning, redesign, and development of undeveloped or underdeveloped areas which are stagnant or improperly utilized because of unusual conditions of title, underserved utilities, and other site conditions; e. The strengthening of the economic base of the Project Area and the community by the installation of needed public improvements to stimulate new private development providing employment and economic growth; 3 Meridian City Council Meeting Agenda March 17,2020— Page 75 of 191 f. The provision of adequate land for open space, street rights-of-way and pedestrian rights-of-way, including pathways; g. The reconstruction and improvement of street corridors to allow traffic flows to move through the Project Area along with the accompanying utility connections, through the Project Area; h. The provision of public service utilities, which are necessary to the development of the Project Area, such as water system improvements, sewer system improvements and improvements to storm drainage facilities; i. In conjunction with the City, the establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project Area, including commitment of funds for planning studies, achieving high standards of development, and leveraging such development to achieve public objectives and efficient use of scarce resources; j. The strengthening of the tax base by encouraging private development, thus increasing the assessed valuation of properties within the Project Area as a whole and benefiting the various taxing districts in which the urban renewal area is located; and k. The funding of necessary public infrastructure to accommodate both public and private development. 101 General Procedures of the Agency The Agency is a public body, corporate and politic, as defined and described under the Law and the Act. The Agency is also governed by its bylaws as authorized by the Law and adopted by the Agency. Under the Law, the Agency is governed by the Idaho open meeting law, the Public Records Act and the Ethics in Government Act of 2015, Chapters 1, 2 and 4 of Title 74, Idaho Code; reporting requirements pursuant to Idaho Code §§ 67-45013, 67-450E, 50-2903A and 50-2913; and the competitive bidding requirements under Chapter 28, Title 67, Idaho Code, as well as other procurement or other public improvement delivery methods. Subject to limited exceptions,the Agency shall conduct all meetings in open session and allow meaningful public input as mandated by the issue considered or by any statutory or regulatory provision. The Agency may adopt separate policy statements. Any modification to any policy statement is a technical or ministerial adjustment and is not a modification to this Plan under Idaho Code § 50-2903A. 4 Meridian City Council Meeting Agenda March 17,2020— Page 76 of 191 102 Procedures Necessary to Meet State and Local Requirements: Conformance with Idaho Code Sections 50-2008 and 50-2906 Idaho law requires that the City Council, by resolution, must determine a geographic area be a deteriorated area or a deteriorating area, or a combination thereof, and designate such area as appropriate for an urban renewal project prior to preparation of an urban renewal plan. A consultant was retained to study a proposed project area and prepare an eligibility report. The area studied was originally reviewed for eligibility in 2001, and was deannexed from the boundaries of the existing Meridian Revitalization Plan Urban Renewal Project, adopted by City Council Ordinance No. 02-987, on December 3, 2002 (the"Downtown District Plan"), by the First Amendment to the Downtown District Plan, adopted by City Council Ordinance No. on 2020. The eligibility report was submitted to the Agency. The Agency accepted the eligibility report by Agency Resolution No. 20-003 on February 26, 2020, and thereafter submitted the eligibility report to the City Council for its consideration. The area studied was deemed by the City Council to be a deteriorating area and/or a deteriorated area and therefore eligible for an urban renewal project by adoption of Resolution No. 20-2188 on March 10, 2020. With the adoption of Resolution No. 20-2188, the City Council authorized the preparation of an urban renewal plan. The Plan was prepared and submitted to the Agency for its review and approval. The Agency approved the Plan by the adoption of Agency Resolution No. on 2020, and submitted the Plan to the City Council with its recommendation for adoption. In accordance with the Law,this Plan was submitted to the Planning and Zoning Commission of the City. After consideration of the Plan, the Commission, by resolution, reported to the City Council that this Plan is in conformity with the City's Comprehensive Plan. Pursuant to the Law and Act, the City Council having published due notice thereof, a public hearing was held on this Plan. Notice of the hearing was published in the Meridian Press, a newspaper having general circulation in the City. The City Council adopted this Plan on 1, 2020, by Ordinance No. [ ,. 103 History and Current Conditions of the Area The Project Area is geographically discrete and contains approximately 16 acres of underdeveloped land and right-of-way near the City's downtown core and is generally bounded by E. Idaho Avenue to the north, E. Third Street to the east, a portion of the railroad right-of-way to the south and N. Main Street to the west. The Project Area is zoned Old Town (OT), which is intended to encourage a"centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public,cultural, financial and recreational center of the City. Public and quasi-public uses integrated with general business, and medium high to high density 5 Meridian City Council Meeting Agenda March 17,2020— Page 77 of 191 residential is encouraged to provide the appropriate mix and intensity of activities necessary to establish a truly urban City center." Currently, a significant portion of the Project Area is under the ownership of public entities and older commercial buildings on the northerly end of the Project Area have been converted to public use as adjunct library space and an interim community center. This portion of the Project Area also includes a small, City park. The southerly end of the Project Area is occupied by older structures located on large parcels and used for the sale and storage of building materials. This area also includes a portion of railroad right-of-way. The Project Area includes a total of fifteen (15)tax parcels. Despite the increasing development in the City, the Project Area has remained virtually unchanged over the last nineteen (19) years and does not reflect the vision for the area reflected in City planning documents. While generally the roadways surrounding the block north of E. Broadway Avenue have been improved to current City standards with curbs, gutters, street lighting and storm drainage facilities,the area south of E. Broadway Avenue requires further investment in the public improvements. A portion of the south side of E. Broadway Avenue remains unimproved as does the east side of E. 3rd Street. The west side of E. 3rd Street south of E. Broadway Avenue has curb and gutters in place with an adjacent narrow sidewalk, which is interrupted by several unused curb cuts. The sidewalk appears unmaintained and is of insufficient width to accommodate the high-density activity envisioned in City planning documents. Improvements to the pedestrian facilities will serve the increased number of pedestrians anticipated in the Project Area and will help with connectivity. While water lines serve the Project Area,the water line located on the south side of the railroad property does not extend the full length of the property and therefore is not looped into the Main Street line. Further, the water main located in E. 3rd Street will likely need to be upsized to a 12" main to serve the Project Area. These deficiencies are critical and require remediation to support the necessary fire flows required for increased density in the Project Area. A significant impediment to development has been the railroad parcels with attendant title issues. Multiple attempts at conveyance and development have occurred over the last several decades; however,the unusual conditions of title have likely stalled development, resulting in vacant, underutilized parcels. The E. 3rd Street railroad crossing is currently protected only by stop signs. With increased density, additional protections at the crossing may be needed as the rail line is active and serves as the primary transit corridor for freight movements from Boise and Meridian to the railroad mainline connection in Nampa. Finally,the Project Area includes a portion of an open ditch lateral,the Hunter Lateral, which crosses E. 3rd Street near the intersection with Broadway. As the lateral turns north across E. Broadway Avenue, the lateral is piped and undergrounded. The open ditch in this area creates safety concerns for pedestrians. 6 Meridian City Council Meeting Agenda March 17,2020— Page 78 of 191 The Plan proposes improvements to public infrastructure and other publicly owned assets throughout the Project Area, creating the framework for the development of a mixed-use, retail, office, residential project, including the development of a community/recreation center, as well as other public facilities and improvements, including but not limited to streets, streetscapes, water and sewer improvements, environmental and floodplain remediation/site preparation, public parking, other community facilities, parks, and pedestrian/bike paths and trails. The Project Area is underdeveloped and is not being used to its highest and best use due to the presence of a substantial number of deteriorating structures, deterioration of site, age and obsolescence, a predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, and defective or unusual conditions of title. The foregoing conditions have resulted in economic underdevelopment of the area and has arrested or impaired growth in the Project Area. The preparation and approval of an urban renewal plan, including a revenue allocation financing provision, gives the City additional resources to solve the public infrastructure problems in this area. Revenue allocation financing should help to improve the situation. In effect, property taxes generated by new developments within the area may be used by the Agency to finance a variety of needed public improvements and facilities. Finally, some of the new developments may also generate new jobs in the community that would, in turn, benefit area residents. It is unlikely individual developers will take on the prohibitive costs of constructing the necessary infrastructure in the Project Area without the ability of revenue allocation to help offset at least some of these costs. But for urban renewal and revenue allocation financing the proposed commercial and community developments and related public improvements would not occur. 104 Purpose of Activities Attachment 5 includes identification of the proposed public improvements necessary for the contemplated development in the Project Area with specificity. The description of activities, public improvements,and the estimated costs of those items are intended to create an outside limit of the Agency's activity. Due to the inherent difficulty in projecting future levy rates, future taxable value, and the future costs of construction,the Agency reserves the right to: a. change funding amounts from one Project to another b. to re- prioritize the Projects described in this Plan and the Plan Attachments c. Retain flexibility in funding the various activities in order to best meet the Plan and the needs of the Project Area. d. Retain flexibility in determining whether to use the Agency's funds or funds generated by other sources. e. Alter the location of proposed improvements set forth in Attachment 5 to support development when it occurs. The information included in Attachment 5 presents realistic alternative development scenarios recognizing it is difficult to project with any certainty 7 Meridian City Council Meeting Agenda March 17,2020— Page 79 of 191 where the improvements will be sited until any future projects submit plans to the City for design review and permitting. The Agency intends to discuss and negotiate with any owner or developer of the parcels within the Project Area seeking Agency assistance during the duration of the Plan and Project Area. During such negotiation, the Agency will determine, on an individual basis, the eligibility of the activities sought for Agency funding, the amount the Agency may fund by way of percentage or other criteria including the need for such assistance. The Agency will also take into account the amount of revenue allocation proceeds estimated to be generated from the developer's activities. The Agency also reserves the right to establish by way of policy, its funding percentage or participation, which would apply to all developers and owners and may prioritize certain projects or types of projects. Throughout this Plan,there are references to Agency activities, Agency funding, and the acquisition, development, and contribution of public improvements. Such references do not necessarily constitute a full, final, and formal commitment by the Agency but, rather, grant to the Agency the discretion to participate as stated subject to achieving the objectives of this Plan and provided such activity is deemed eligible under the Law and the Act. The activities listed in Attachment 5 will be determined or prioritized as the overall Project Area develops and through the annual budget setting process. The activities listed in Attachment 5 are also prioritized by way of importance to the Agency by the amounts funded, and by year of funding, with earlier years reflecting the more important activities, achievement of higher objectives, long term goals, and commitments. The projected timing of funding is primarily a function of market conditions and the availability of financial resources but is also strategic, considering the timing of private development partnership opportunities and the ability of certain strategic activities to stimulate development at a given points in time within the planned 20-year period of the urban renewal district and revenue allocation area. The Study(Attachment 5) has described a list of prioritized public improvements and other related activities with an estimated cost in 2020 dollars of approximately $15,040.000.00 for improvements related to construction of a community center, construction of a public parking structure and/or public surface parking facilities, and public improvements related to private development of a mixed-use commercial, office and residential building. This amount does not take into account inflationary factors, such as increasing construction costs, which would increase that figure depending on when the owner, developer and/or Agency is able to develop, construct or initiate those activities. The Study has concluded the capacity of revenue allocation funds through the term of the Plan based on the assumed development projects and assessed value increases will likely generate an estimated $18,040,359.00. Subject to the City's annual budgeting requirements and the availability of funds,the City may contribute to the construction of the community facility in the amount of$3,000,000.00. The Agency reserves the discretion and flexibility to use revenue allocation proceeds in excess of the amounts predicted in the event higher increases in assessed values occur during the term of the Plan for the improvements and activities identified. Additionally, the Agency reserves the discretion and flexibility to use other 8 Meridian City Council Meeting Agenda March 17,2020— Page 80 of 191 sources of funds unrelated to revenue allocation to assist in the funding of the improvements and activities identified. 200 DESCRIPTION OF PROJECT AREA The boundaries of the Project Area and the Revenue Allocation Area are shown on the Project Area and Revenue Allocation Boundary Map, attached hereto as Attachment 1 and incorporated herein by reference, and are described in the Legal Description of the Project Area and Revenue Allocation Area, attached hereto as Attachment 2 and incorporated herein by reference. For purposes of boundary descriptions and the use of proceeds for payment of improvements,the boundary shall be deemed to extend to the outer boundary of rights-of-way or other natural boundary unless otherwise stated. 300 PROPOSED REDEVELOPMENT ACTIONS 301 General The Agency proposes to eliminate and prevent the spread of deteriorating conditions and deterioration in the Project Area by employing a strategy to improve and develop public and private lands, and to grow the economy in the Project Area. Implementation of the strategy includes, but is not limited to the following actions: a. The engineering, design, installation, construction, and/or reconstruction of streets, including but not limited to improvements and upgrades to E. Broadway Avenue,N. Main Street, E. 2nd Street, and E. Yd Street and related pedestrian facilities, intersection and rail crossing improvements, and traffic signals; b. The engineering, design, installation, construction, and/or reconstruction of storm water management infrastructure to support compliance with federal, state and local regulations for storm water discharge and to support private development; C. The engineering, design, installation, construction, and/or reconstruction of utilities (within and outside of the Project Area) including but not limited to improvements and upgrades to the water distribution system, water capacity improvements, water storage upgrades, sewer system improvements and upgrades, gravity interceptor, and improvements and upgrades to power and gas facilities. Construction of utilities outside of the Project Area are directly related to the growth and development within the Project Area, but cannot be sited within the Project Area; d. Removal, burying, or relocation of overhead utilities; removal or relocation of underground utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals; undergrounding or piping of laterals; addition of fiber optic lines or other communication systems; 9 Meridian City Council Meeting Agenda March 17,2020— Page 81 of 191 public parking facilities, and other public improvements, including but not limited to, fire protection systems, roadways, curbs, gutters, and streetscapes, which for purposes of this Plan,the term streetscapes includes sidewalks, lighting, landscaping, benches, bike racks, public art and similar amenities between the curb and right-of-way line; and other public improvements, including public open spaces that may be deemed appropriate by the Board; e. The engineering, design, installation, and/or construction of a community/recreation facility, and related public improvements; f. The engineering, design, installation, and/or construction of a public parking structure and/or public surface parking lot and related public improvements; g. The provision for participation by property owners and developers within the Project Area to achieve the objectives of this Plan; h. The management of any property acquired by and under the ownership and control of the Agency; i. The provision for relocation assistance to displaced Project Area occupants and/or businesses as a result of any Agency activity, as may be required by law; j. The development or redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; k. The acquisition of real property for public right-of-way improvements, pedestrian facilities, utility undergrounding and streetscape improvements to create development opportunities consistent with the Plan, including but not limited to future disposition to qualified developers and for qualified developments, including economic development; 1. The demolition or removal of certain buildings and/or improvements for public rights-of-way, pedestrian facilities, utility undergrounding and streetscape improvements to encourage and enhance transportation and mobility options, decrease underutilized parcels,to eliminate unhealthful, unsanitary, or unsafe conditions, eliminate obsolete or other uses detrimental to the public welfare or otherwise to remove or to prevent the spread of deteriorating or deteriorated conditions; in. The disposition of real property through a competitive process in accordance with this Plan, Idaho law, including Idaho Code § 50-2011, and any disposition policies adopted by the Agency; n. The rehabilitation and adaptive reuse and repurposing of existing structures and improvements; 10 Meridian City Council Meeting Agenda March 17,2020— Page 82 of 191 o. The preparation and assembly of adequate sites for the development and construction of facilities for mixed-use, residential, commercial, retail areas, transit facilities, educational facilities and community and recreation facilities; P. To the extent allowed by law, lend or invest federal or state funds to facilitate redevelopment; q. The environmental assessment and remediation of brownfield sites, or sites where environmental conditions detrimental to redevelopment exist; r. In collaboration with property owners and other stakeholders, working with the City to amend zoning regulations (if necessary)and standards and guidelines for the design of streetscape, plazas, pedestrian corridors, parks, open space and other like public spaces applicable to the Project Area as needed to support implementation of this Plan; S. Agency and/or owner-developer construction, participation in the construction and/or management of public parking facilities that support a desired level and form of development to enhance the vitality of the Project Area; t. The construction and financial support of cultural facilities and the enhancement and construction of parks, open spaces, and public recreational facilities; U. The provision of financial and other assistance to encourage and attract business enterprise including but not limited to start-ups and microbusiness, unique cultural businesses, mid-sized companies, and large-scale corporations; V. In conjunction with the City, the establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project Area, including commitment of funds for planning studies, achieving high standards of development, and leveraging such development to achieve public objectives and efficient use of scarce resources. W. Other related improvements to those set forth above as further set forth in Attachment 5. In the accomplishment of these purposes and activities and in the implementation and furtherance of this Plan,the Agency is authorized to use all the powers provided in this Plan and as permitted by the Law and the Act. ll Meridian City Council Meeting Agenda March 17,2020— Page 83 of 191 302 Urban Renewal Plan Objectives Urban renewal activity is necessary in the Project Area to combat problems of physical deterioration or deteriorating conditions. As set forth in greater detail in Section 103,the Project Area has a history of stagnant growth and development compared to the greater downtown area of the City based on deteriorated or deteriorating conditions that have arrested or impaired growth in the Project Area primarily attributed to: underdeveloped properties; inadequate pedestrian and bicycle connectivity and mobility; the presence of a substantial number of deteriorating structures; deterioration of site; age and obsolescence; a predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility or usefulness; insanitary or unsafe conditions; and defective or unusual conditions of title. The Plan for the Project Area is a proposal to work in partnership with public and private entities to improve, develop, and grow the economy within the Project Area by the implementation of a strategy and program set forth in Section 301. The provisions of this Plan are applicable to all public and private property in the Project Area. The provisions of the Plan shall be interpreted and applied as objectives and goals, recognizing the need for flexibility in interpretation and implementation, while at the same time not in any way abdicating the rights and privileges of the property owners which are vested in the present and future zoning classifications of the properties. All development under an owner participation agreement shall conform to those standards specified in Section 303 of this Plan. It is recognized that the Ada County Highway District has exclusive jurisdiction over all public street rights-of-way within the Project Area,except for state highways. Nothing in this Plan shall be construed to alter the powers of the Ada County Highway District pursuant to Title 40, Idaho Code. This Plan must be practical in order to succeed. Particular attention has been paid to how it can be implemented, given the changing nature of market conditions. Transforming the Project Area into a vital, thriving part of the community requires an assertive strategy. The following represents the key elements of that effort: a. Initiate simultaneous projects designed to revitalize the Project Area. From street and utility improvements to significant new public or private development, the Agency plays a key role in creating the necessary momentum to get and keep things going. b. Develop new mixed-use residential, commercial, and retail areas including the development of a community and recreation facility, as well as encourage other economic development opportunities. C. Secure and improve certain public open space in critical areas. d. Initiate projects designed to encourage affordable and workforce housing options and increased transportation and mobility options. 12 Meridian City Council Meeting Agenda March 17,2020— Page 84 of 191 Without direct public intervention,the Project Area has and could conceivably remain unchanged and in a deteriorated and/or deteriorating condition for the next twenty (20)years. The Plan creates the necessary flexible framework for the Project Area to support the City's economic development while complying with the "specificity"requirement set forth in Idaho Code § 50-2905. Land use in the Project Area will be modified to the extent that the existing brownfields, and underutilized, underdeveloped, deteriorated, deteriorating and vacant land, and land now devoted to scattered inconsistent uses will be converted to a mixed-use, commercial, retail, and residential area, including a community recreation facility and a public parking structure and/or a public surface parking lot. In implementing the activities described in this Plan, the Agency shall give due consideration to the provision of adequate park, open space and community and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of residents in the general vicinity of the Project Area covered by the Plan, recognizing the mixed-use nature of the Project Area. 303 Participation Opportunities and Participation Agreements The Agency may enter into various development participation agreements with any existing or future owner of property in the Project Area, in the event the property owner seeks and/or receives assistance from the Agency in the development and/or redevelopment of the property. The term "participation agreement" is intended to include all participation agreements with a property owner, including reimbursement agreements, grant agreements or owner participation agreements. In that event,the Agency may allow for an existing or future owner of property to remove the property and/or structure from future Agency acquisition subject to entering into an owner participation agreement. It is anticipated the Agency will enter into an owner participation agreement with the current owner/developer of property within the Project Area and/or its related entities. The Agency may also enter into owner participation agreements with other future owners and developers within the Project Area throughout the duration of this Plan in order to implement the infrastructure improvements set forth in this Plan. Each structure and building in the Project Area to be rehabilitated or to be constructed as a condition of the owner participation agreement between the Agency and the owner pursuant to this Plan will be considered to be satisfactorily rehabilitated and constructed, and the Agency will so certify, if the rehabilitated or new structure meets the standards set forth in an executed owner participation agreement and meets the conditions described below: • Any such property within the Project Area shall be required to conform to applicable provisions, requirements, and regulations of this Plan. The owner participation agreement may require as a condition of financial participation by the Agency a commitment by the property owner to meet the greater objectives of the land use elements identified in the Comprehensive Plan and applicable zoning ordinances. Upon completion of any rehabilitation each structure must be safe and sound in all physical respects and be refurbished and altered to bring the 13 Meridian City Council Meeting Agenda March 17,2020— Page 85 of 191 property to an upgraded marketable condition that will continue throughout an estimated useful life for a minimum of twenty (20) years. • All such buildings or portions of buildings which are to remain within the Project Area shall be rehabilitated or constructed in conformity with all applicable codes and ordinances of the City. • Any new construction shall also conform to all applicable provisions, requirements, and regulations of this Plan, as well as,to all applicable codes and ordinances of the City. All owner participation agreements will address development timing, justification and eligibility of project costs,and achievement of the objectives of the Plan. The Agency shall retain its discretion in the funding level of its participation. Obligations under owner participation agreements shall terminate no later than the termination date of this Plan— December 31,2040. The Agency shall retain its discretion to negotiate an earlier date to accomplish all obligations under any owner participation agreement. In all owner participation agreements, participants who retain real property shall be required to join in the recordation of such documents as may be necessary to make the provisions of this Plan applicable to their properties. Whether or not a participant enters into an owner participation agreement with the Agency,the provisions of this Plan are applicable to all public and private property in the Project Area. In the event a participant under an owner participation agreement fails or refuses to rehabilitate, develop, use, and maintain its real property pursuant to this Plan and an owner participation agreement, the real property or any interest therein may be acquired by the Agency in accordance with Section 305.1 of this Plan and sold or leased for rehabilitation or development in accordance with this Plan. Owner participation agreements may be used to implement the following objectives: • Encouraging property owners to revitalize and/or remediate deteriorated areas or deteriorating areas of their parcels to accelerate development in the Project Area. • Subject to the limitations of the Law and the Act, providing incentives to property owners to encourage utilization and expansion of existing permitted uses during the transition period to prevent a decline in the employment base and a proliferation of vacant and deteriorated parcels in the Project Area during the extended development and/or redevelopment of the Project Area. • To accommodate improvements and expansions allowed by City regulations and generally consistent with this Plan for the Project Area. 14 Meridian City Council Meeting Agenda March 17,2020— Page 86 of 191 • Subject to the limitations of the Law and Act, providing incentives to improve nonconforming properties so they implement the design guidelines contained in this Plan to the extent possible and to encourage an orderly transition from nonconforming to conforming uses through the term of the Plan. • Provide for advance funding by the developer/owner participant of those certain public improvements related to or needed for the private development and related to the construction and certain public improvements related to the community/recreation facility and public parking structures and/or surface lots. In that event,the Agency will agree as set out in the owner participation agreement to reimburse a portion of, or all of,the costs of public improvements identified in the participation agreement from the revenue allocation generated by the private development. 304 Cooperation with Public Bodies Certain public bodies are authorized by state law to aid and cooperate, with or without consideration, in the planning, undertaking, construction, or operation of this Project. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency will seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. All plans for development of property in the Project Area by a public body shall be subject to Agency approval, in the event the Agency is providing any financial assistance. Subject to applicable authority,the Agency may impose on all public bodies the planning and design controls contained in this Plan to ensure that present uses and any future development by public bodies will conform to the requirements of this Plan; provided, however,the Ada County Highway District has exclusive jurisdiction over Ada County Highway District streets. The Agency is authorized to financially (and otherwise)assist any public entity in the cost of public land, buildings, facilities, structures, or other improvements of the Project Area as allowed by the Law and Act. The Agency intends to cooperate to the extent allowable with the City and ACHD, as the case may be, for the engineering, design, installation, construction, and/or reconstruction of public infrastructure improvements, including, but not limited to water, sewer, storm drainage, electrical, natural gas, telecommunication, or other similar systems and lines, streets, roads, curbs, gutters, sidewalks,walkways, public parking facilities and a community/recreation facility. The Agency shall also cooperate with the City and ACHD on various relocation, screening,or underground projects and the providing of fiber optic capability. To the extent any public entity, including the City, has funded certain improvements such as roadway improvements, pedestrian facilities, water and sewer facilities or storm drainage improvements, 15 Meridian City Council Meeting Agenda March 17,2020— Page 87 of 191 the Agency may reimburse those entities for those expenses. The Agency also intends to cooperate and seek available assistance from state, federal and other sources for economic development. In the event the Agency is participating in the public development by way of financial incentive or otherwise, the public body shall enter into an agreement with the Agency and then shall be bound by the Plan and other land use elements and shall take into consideration those standards specified in Section 303 of this Plan. This Plan does not financially bind or obligate the Agency to any project or property acquisition; rather, for purposes of determining the economic feasibility of the Plan certain projects and expenditures have been estimated and included in the analysis. Agency revenue and the ability to fund reimbursement of eligible Project Costs is more specifically detailed in any owner participation agreement and in the annual budget adopted by the Agency Board. 305 Property Acquisition 305.1 Real Property Only as specifically authorized herein, the Agency may acquire,through the voluntary measures described below, but is not required to acquire, any real property located in the Project Area where it is determined that the property is needed for construction of public improvements, required to eliminate or mitigate the deteriorated or deteriorating conditions, to facilitate economic development, including acquisition of real property intended for disposition to qualified developers through a competitive process, and as otherwise allowed by law. The acquisition shall be by any means authorized by law, including, but not limited to, the Law, the Act, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, but shall not include the right to invoke eminent domain authority except as authorized herein. The Agency is authorized to acquire either the entire fee or any other interest in real property less than a fee, including structures and fixtures upon the real property, without acquiring the land upon which those structures and fixtures are located. The Agency intends to acquire any real property through voluntary or consensual gift, devise, exchange, or purchase. Such acquisition of property may be for the development of the public improvements identified in this Plan. Acquisition of property may be for the assembly of properties for redevelopment to achieve Plan goals including public benefits. Such properties may include properties owned by private parties or public entities. This Plan anticipates the Agency's use of its resources for property acquisition. In the event the Agency identifies certain property which should be acquired to develop certain public improvements intended to be constructed under the provisions of this Plan, the Agency shall coordinate such property acquisition with any other public entity (e.g., without limitation, the City, the state of Idaho, or any of its authorized agencies), including the assistance of the Agency of funds to acquire said property either through a voluntary acquisition or the invocation of eminent domain authority as limited by Idaho Code § 7-701 A. 16 Meridian City Council Meeting Agenda March 17,2020— Page 88 of 191 The Agency is authorized by this Plan and Idaho Code §§ 50-2010 and 50-2018(12)to acquire the properties identified in Attachment 3 hereto for the purposes set forth in this Plan. The Agency has identified its intent to acquire and/or participate in the development of certain public improvements, including, but not limited to streets, streetscapes, lighting, water and sewer improvements, improvements to the lateral, drainage facilities, intersection improvements, including the installation of traffic signals and/or aril crossings, parking, parks and open space, multi-use paths and trails, power and gas improvements and/or relocations, and other related public infrastructure improvements, such as a community recreation facility and public structured parking facility and/or surface lots. Further,the Agency may acquire real property to facilitate commercial development by assembling and disposing of developable parcels. The Agency's property acquisition will result in remediating deteriorating conditions in the Project Area by facilitating the development of a mixed-use, office, residential, commercial, and retail area, as well as a community recreation facility and public structured parking and/or surface lots. The public improvements are intended to be dedicated to the City upon completion. The Agency reserves the right to determine which properties identified, if any, should be acquired. It is in the public interest and is necessary, in order to eliminate the conditions requiring development and/or redevelopment and in order to execute this Plan, for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area for the public improvements identified in this Plan, which cannot be acquired by gift, devise, exchange, purchase, or any other lawful method. Under the provisions of the Act,the urban renewal plan "shall be sufficiently complete to indicate such land acquisition, demolition, and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area." Idaho Code § 50-2018(12). The Agency has generally described those properties by use as set out in Attachment 3 for acquisition for the construction of public improvements. The Agency may also acquire property for the purpose of developing streetscape and public utilities. The Agency reserves the right to determine which properties identified, if any, should be acquired. 305.2 Personal Property Generally,personal property shall not be acquired. However, where necessary in the execution of this Plan,the Agency is authorized to acquire personal property in the Project Area by any lawful means, including eminent domain for the purpose of developing the public improvements described in section 305.1. 306 Property Management During the time real property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such property may be rented or leased by the Agency pending its disposition for development and/or redevelopment, and such rental or lease shall be pursuant to such policies as the Agency may adopt. 17 Meridian City Council Meeting Agenda March 17,2020— Page 89 of 191 307 Relocation of Persons (Including Individuals and Families),Business Concerns,and Others Displaced by the Project If the Agency receives federal funds for real estate acquisition and relocation,the Agency shall comply with 24 C.F.R. Part 42, implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The Agency reserves the right to extend benefits for relocation to those not otherwise entitled to relocation benefits as a matter of state law under the Act or the Law. The Agency may determine to use as a reference the relocation benefits and guidelines promulgated by the federal government, the state government, or local government, including the State Department of Transportation and the Ada County Highway District. The intent of this section is to allow the Agency sufficient flexibility to award relocation benefits on some rational basis, or by payment of some lump-sum per case basis. The Agency may also consider the analysis of replacement value for the compensation awarded to either owner occupants or businesses displaced by the Agency to achieve the objectives of this Plan. The Agency may adopt relocation guidelines which would define the extent of relocation assistance in non-federally- assisted projects and which relocation assistance to the greatest extent feasible would be uniform. The Agency shall also coordinate with the various local, state, or federal agencies concerning relation assistance as may be warranted. In the event the Agency's activities result in displacement of families, the Agency shall comply with, at a minimum,the standards set forth in the Law. The Agency shall also comply with all applicable state laws concerning relocation benefits and shall also coordinate with the various local, state, or federal agencies concerning relocation assistance. 308 Demolition, Clearance and Site Preparation The Agency is authorized (but not required)to demolish and clear buildings, structures, and other improvements from any real property in the Project Area as necessary to carry out the purposes of this Plan. Further,the Agency is authorized (but not required) to prepare, or cause to be prepared, as building sites any real property in the Project Area owned by the Agency including site preparation and/or environmental remediation. 309 Property Disposition and Development 309.1. Disposition by the Agency For the purposes of this Plan, the Agency is authorized to sell, lease, lease/purchase, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property under the reuse provisions set forth in Idaho law, including Idaho Code § 50-2011 and pursuant to any disposition policies adopted by the 18 Meridian City Council Meeting Agenda March 17,2020— Page 90 of 191 Agency. To the extent permitted by law,the Agency is authorized to dispose of real property by negotiated lease, sale, or transfer without public bidding. Real property acquired by the Agency may be conveyed by the Agency and, where beneficial to the Project Area, without charge to any public body as allowed by law. All real property acquired by the Agency in the Project Area shall be sold or leased to public or private persons or entities for development for the uses permitted in this Plan. Air rights and subterranean rights may be disposed of for any permitted use within the Project Area boundaries. 309.2 Disposition and Development Agreements To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of deteriorating conditions, all real property sold, leased, or conveyed by the Agency is subject to the provisions of this Plan. The Agency shall reserve such powers and controls in the disposition and development documents as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that development is carried out pursuant to this Plan. Leases, lease/purchases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. Where appropriate, as determined by the Agency, such documents, or portions thereof, shall be recorded in the office of the Recorder of Ada County, Idaho. All property in the Project Area is hereby subject to the restriction that there shall be no discrimination or segregation based upon race, color, creed, religion, sex, age, national origin, or ancestry in the sale, lease, sublease,transfer, use, occupancy, disability/handicap,tenure, or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to a disposition and development agreement shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in the Project Area shall contain such nondiscrimination and nonsegregation clauses as required by law. As required by law or as determined in the Agency's discretion to be in the best interest of the Agency and the public,the following requirements and obligations shall be included in the disposition and development agreement. That the developers, their successors, and assigns agree: a. That a detailed scope and schedule for the proposed development shall be submitted to and agreed upon by the Agency. 19 Meridian City Council Meeting Agenda March 17,2020— Page 91 of 191 b. That the purchase or lease of the land and/or subterranean rights and/or air rights is for the purpose of redevelopment and not for speculation. C. That the building of improvements will be commenced and completed as jointly scheduled and determined by the Agency and the developer(s). d. That the site and construction plans will be submitted to the Agency for review as to conformity with the provisions and purposes of this Plan. e. All new construction shall have a minimum estimated life of no less than twenty (20)years. f. That rehabilitation of any existing structure must assure that the structure is safe and sound in all physical respects and be refurbished and altered to bring the property to an upgraded marketable condition which will continue throughout an estimated useful life for a minimum of twenty (20)years. g That the Agency receives adequate assurance acceptable to the Agency to ensure performance under the contract for sale. h. All such buildings or portions of the buildings which are to remain within the Project Area shall be reconstructed in conformity with all applicable codes and ordinances of the City. i. All disposition and development documents shall be governed by the provisions of Section 408 of this Plan. The Agency also reserves the right to determine the extent of its participation based upon the achievements of the objectives of this Plan. Obligations under any disposition and development agreement and deed covenants,except for covenants which run with the land, beyond the termination date of this Plan,shall terminate no later than December 31,2040. The Agency shall retain its discretion to negotiate an earlier date to accomplish all obligations under any disposition and development agreement. 309.3. Development by the Agency To the extent now or hereafter permitted by law,the Agency is authorized to pay for, develop, or construct public improvements within the Project Area for itself or for any public body or entity, which public improvements are or would be of benefit to the Project Area. Specifically, the Agency may pay for, install, or construct the public improvements authorized under Idaho Code Section 50-2007, 50-2018(10) and (13), and 50-2903(9), (13), and (14), and as otherwise identified in Attachment 5 and may acquire or pay for the land required therefore. Any public facility ultimately owned by the Agency shall be operated and managed in such a manner to preserve the public purpose nature of the facility. Any lease agreement with a 20 Meridian City Council Meeting Agenda March 17,2020— Page 92 of 191 private entity or management contract agreement shall include all necessary provisions sufficient to protect the public interest and public purpose. The Agency may enter into contracts, leases, and agreements with the City or other public body or private entity pursuant to this section, and the obligation of the Agency under such contract, lease, or agreement shall constitute an indebtedness of the Agency as described in Idaho Code § 50-2909 which may be made payable out of the taxes levied in the Project Area and allocated to the Agency under Idaho Code § 50-2908(2)(b) and Section 504 to this Plan or out of any other available funds. 310 Development Plans All development plans (whether public or private) prepared, pursuant to disposition and development agreement or owner participation agreement, shall be submitted to the Agency Board for approval and review. All development in the Project Area must conform to those standards specified in Section 408 and all applicable City ordinances. 311 Personal Property Disposition For the purposes of this Plan, the Agency is authorized to lease, sell, exchange, transfer, assign, pledge, encumber, or otherwise dispose of personal property which is acquired by the Agency. 312 Participation with Others Under the Law, the Agency has the authority to lend or invest funds obtained from the federal government for the purposes of the Law if allowable under federal laws or regulations. The federal funds that may be available to the Agency are governed by regulations promulgated by the Department of Housing and Urban Development for the Community Development Block Grant Program ("CDBG"),the Economic Development Administration,the Small Business Administration,or other federal agencies. In order to enhance such grants,the Agency's use of revenue allocation funds is critical. Under those regulations the Agency may participate with the private sector in the development and financing of those private projects that will attain certain federal objectives. The Agency may,therefore, use the federal funds for the provision of assistance to private for-profit business, including, but not limited to, grants, loans, loan guarantees, interest supplements,technical assistance, and other forms to support, for any other activity necessary or appropriate to carry out an economic development project. As allowed by law,the Agency may also use funds from any other sources or participate with the private or public sector with regard to any programs administered by the Idaho Department of Commerce for any purpose set forth under the Law or Act. 21 Meridian City Council Meeting Agenda March 17,2020— Page 93 of 191 The Agency may enter into contracts, leases, and agreements with the City, or other public body or private entity, pursuant to this section, and the obligation of the Agency under such contract, lease, or agreement shall constitute an indebtedness of the Agency as described in Idaho Code § 50-2909 which may be made payable out of the taxes levied in the Project Area and allocated to the Agency under Idaho Code § 50-2908(2)(b)and Section 504 to this Plan or out of any other available funds. 313 Conforming Owners The Agency may, at the Agency's sole and absolute discretion, determine that certain real property within the Project Area presently meets the requirements of this Plan, and the owner of such property will be permitted to remain as a conforming owner without an owner participation agreement with the Agency, provided such owner continues to operate, use, and maintain the real property within the requirements of this Plan. 314 Arts and Cultural Funding The Agency may dedicate resources for the construction or purchase of facilities for the placement and maintenance of public art and arts projects may be selected and provided by the Agency, separately from any construction costs of developers. Though not required, the Agency Board generally makes selections of the works of art with assistance from the City and may include review and approval of the City Council. When possible, any Agency arts funding will be used to leverage additional contributions from developers, other private sources, and public or quasi-public entitles for purposes of including public art within the streetscape projects identified in this Plan. 400 USES PERMITTED IN THE PROJECT AREA 401 Designated Land Uses The Agency intends to rely upon the overall land use designations and zoning classifications of the City, as may be amended, and as tentatively depicted on Attachment 4 and as set forth in the City's Comprehensive Plan and within the Meridian zoning ordinance and requirements, including the future land use map and zoning classifications, as may be amended. For the most part, the Project Area will include a mixed-use commercial, retail, office and residential project, as well as,a community recreation facility, and public structured parking and/or surface lots. Such improvements are consistent with the OT zoning designation. Provided, however, nothing herein within this Plan shall be deemed to be granting any particular right to zoning classification or use. 402 Public Rights-of-Way The Project Area contains existing maintained public rights-of-way as set forth on Attachment 1, including but not limited to E. Broadway Avenue, E. Idaho Avenue, E. 2nd 22 Meridian City Council Meeting Agenda March 17,2020— Page 94 of 191 Avenue and E. 3rd Avenue. Additional public streets, alleys, and easements may be created in the Project Area as needed for development. Existing streets, alleys, and easements may be improved, abandoned, closed, vacated, expanded or modified as necessary for proper development of the Project Area, in accordance with any applicable policies and standards of the Idaho Transportation Department,the City or Ada County Highway District regarding changes to dedicated rights-of-way. Any development, maintenance and future changes to the existing interior or exterior street layout shall be in accordance with the objectives of this Plan, and the City,the Ada County Highway District,or the Idaho Department of Transportation's design standards as may be applicable shall be effectuated in the manner prescribed by State and local law; and shall be guided by the following criteria: a. A balancing of the needs of proposed and potential new developments for adequate pedestrian and vehicular access (including cars, trucks, bicycles, etc.), vehicular parking, and delivery loading docks with the similar needs of any existing developments permitted to remain. Such balancing shall take into consideration the rights of existing owners and tenants under the rules for owner and tenant participation adopted by the Agency for the Project and any participation agreements executed thereunder; b. The requirements imposed by such factors as topography, traffic safety, and aesthetics; and C. The potential need to serve not only the Project Area and new or existing developments, but to also serve areas outside the Project Area by providing convenient and efficient vehicular access and movement. The public rights-of-way may be used for vehicular and/or pedestrian traffic, as well as for public improvements, public and private utilities, and activities typically found in public rights-of-way. 403 Other Public, Semi-Public, Institutional, and Nonprofit Uses The Agency is also authorized to permit the maintenance, establishment, or enlargement of public, semi-public, institutional, or nonprofit uses, including park and recreational facilities; educational, fraternal, employee; philanthropic and charitable institutions; utilities; governmental facilities; railroad rights-of-way and equipment; and facilities of other similar associations or organizations. All such uses shall, to the extent possible, conform to the provisions of this Plan applicable to the uses in the specific area involved. The Agency may impose such other reasonable requirements and/or restrictions as may be necessary to protect the development and use of the Project Area. 23 Meridian City Council Meeting Agenda March 17,2020— Page 95 of 191 404 Interim Uses Pending the ultimate development of land by developers and participants, the Agency is authorized to use or allow the use of any land in the Project Area for interim uses that are not in conformity with the uses permitted in this Plan. However, any interim use must comply with applicable City Code. 405 Development in the Project Area Subject to the Plan All real property in the Project Area, under the provisions of either a disposition and development agreement or an owner participation agreement, is made subject to the controls and requirements of this Plan. No such real property shall be developed, rehabilitated, or otherwise changed after the date of the adoption of this Plan, except in conformance with the provisions of this Plan. 406 Construction Shall Comply with Applicable Federal, State, and Local Laws and Ordinances and Agency Development Standards All construction in the Project Area shall comply with all applicable state laws, the Meridian City Code, as may be amended from time to time, and any applicable City Council ordinances pending codification, including but not limited to, regulations concerning the type, size, density and height of buildings; open space, landscaping, light, air, and privacy; the undergrounding of utilities; limitation or prohibition of development that is incompatible with the surrounding area by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors; parcel subdivision; off-street loading and off-street parking requirements. In addition to the Meridian City Code, ordinances, or other requirements governing development in the Project Area, additional specific performance and development standards may be adopted by the Agency to control and direct redevelopment activities in the Project Area in the event of a disposition and development agreement or owner participation agreement. 407 Minor Variations Under exceptional circumstances, the Agency is authorized to allow a variation from the limits, restrictions, and controls established by this Plan. In order to allow such variation,the Agency must determine that: a. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Plan; b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls; 24 Meridian City Council Meeting Agenda March 17,2020— Page 96 of 191 C. Allowing a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area; and d. Allowing a variation will not be contrary to the objectives of this Plan. No variation shall be granted which changes a basic land use or which permits other than a minor departure from the provisions of this Plan. In allowing any such variation, the Agency shall impose such conditions as are necessary to protect the public peace, health, safety, or welfare and to assure compliance with the purposes of the Plan. Any variation allowed by the Agency hereunder shall not supersede any other approval required under City codes and ordinances and shall not be considered a modification to the Plan. 408 Design for Development under a Disposition and Development Agreement or Owner Participation Agreement Within the limits, restrictions, and controls established in this Plan,the Agency is authorized to establish heights of buildings, density, land coverage, setback requirements, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper development of both private and public areas within the Project Area. Any development must also comply with the City's zoning ordinance regarding heights, setbacks, density and other like standards. In the case of property which is the subject of a disposition and development agreement or an owner participation agreement with the Agency, no new improvement shall be constructed, and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated, except in accordance with this Plan. Under those agreements the architectural, landscape, and site plans shall be submitted to the Agency and approved in writing by the Agency. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space, and other amenities to enhance the aesthetic quality of the Project Area. The Agency shall find that any approved plans do comply with this Plan. The Agency reserves the right to impose such design standards on an ad hoc, case by case basis through the approval process of the owner participation agreement or disposition and development agreement. Any change to such approved design must be consented to by the Agency and such consent may be conditioned upon reduction of Agency's financial participation towards the Project. In the event the Agency adopts design standards or controls,those provisions will thereafter apply to each site or portion thereof in the Project Area. Those controls and standards will be implemented through the provisions of any disposition and development agreement or owner participation agreement. These controls are in addition to any standards and provisions of any applicable City building or zoning ordinances; provided, however, each and every development shall comply with all applicable City zoning and building ordinance. 25 Meridian City Council Meeting Agenda March 17,2020— Page 97 of 191 409 Nonconforming Uses The Agency may allow an existing use to remain in an existing building and site usage in good condition, which use does not conform to the provisions of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. The owner of such a property must be willing to enter into an owner participation agreement and agree to the imposition of such reasonable restrictions as may be necessary to protect the development and use of the Project Area. The Agency may authorize additions, alterations, repairs, or other improvements in the Project Area for uses which do not conform to the provisions of this Plan where such improvements are within a portion of the Project Area where, in the determination of the Agency, such improvements would be compatible with surrounding Project uses and development. All nonconforming uses shall also comply with the City codes and ordinances. 500 METHODS OF FINANCING THE PROJECT 501 General Description of the Proposed Financing Methods The Agency is authorized to finance this Project with revenue allocation funds, financial assistance from the City (loans, grants, other financial assistance), state of Idaho, federal government or other public entities, interest income, developer advanced funds, donations, loans from private financial institutions (bonds, notes, line of credit), the lease or sale of Agency- owned property, public parking revenue, or any other available source, public or private, including assistance from any taxing district or any public entity. The Agency is also authorized to obtain advances, lines of credit, borrow funds, and create indebtedness in carrying out this Plan. The Agency may also consider an inter-fund transfer from other urban renewal project areas. The principal and interest on such advances, funds, and indebtedness may be paid from any funds available to the Agency. The City, as it is able, may also supply additional assistance through City loans and grants for various public facilities. As allowed by law and subject to restrictions as are imposed by law,the Agency is authorized to issue notes or bonds from time to time, if it deems appropriate to do so, in order to finance all or any part of the Project. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. 502 Revenue Allocation Financing Provisions The Agency hereby adopts revenue allocation financing provisions as authorized by the Act, effective retroactively to January 1, 2020. These revenue allocation provisions shall apply to all taxing districts which are located in or overlap the Revenue Allocation Area shown and 26 Meridian City Council Meeting Agenda March 17,2020— Page 98 of 191 described on Attachments 1 and 2 to this Plan. The Agency shall take all actions necessary or convenient to implement these revenue allocation financing provisions. The Agency specifically finds that the equalized assessed valuation of property within the Revenue Allocation Area is likely to increase as a result of the initiation of the Project. The Agency, acting by one or more resolutions adopted by its Board, is hereby authorized to apply all or any portion of the revenues allocated to the Agency pursuant to the Act to pay as costs are incurred (pay-as-you-go) or to pledge all or any portion of such revenues to the repayment of any moneys advance-funded by developers or owners, borrowed, indebtedness incurred, or notes or bonds issued by the Agency to finance or to refinance the Project Costs (as defined in Idaho Code § 50-2903(14)) of one or more urban renewal projects. The Agency may consider a note or line of credit issued by a bank or lending institution premised upon revenue allocation funds generated by a substantial private development contemplated by the Study as defined in section 502.1, which would allow the Agency to more quickly fund the public improvements contemplated by this Plan. Likewise, a developer/owner advanced funding could achieve the same purpose. Upon enactment of a City Council ordinance finally adopting these revenue allocation financing provisions and defining the Revenue Allocation Area described herein as part of the Plan, there shall hereby be created a special fund of the Agency into which the County Treasurer shall deposit allocated revenues as provided in Idaho Code § 50-2908. The Agency shall use such funds solely in accordance with Idaho Code § 50-2909 and solely for the purpose of providing funds to pay the Project Costs, including any incidental costs, of such urban renewal projects as the Agency may determine by resolution or resolutions of its Board. A statement listing proposed public improvements and facilities, a schedule of improvements, an economic feasibility study, estimated project costs, fiscal impact upon other taxing districts, and methods of financing project costs required by Idaho Code § 50-2905 is included in this Plan and in Attachment 5 to this Plan. This statement necessarily incorporates estimates and projections based on the Agency's and the consultants' present knowledge and expectations. The Agency is hereby authorized to adjust the presently anticipated urban renewal projects and use of revenue allocation financing of the related Project Costs if the Board deems such adjustment necessary or convenient to effectuate the general objectives of the Plan in order to account for revenue inconsistencies, market adjustments, future priorities, and unknown future costs. Agency revenue and the ability to fund reimbursement of eligible Project Costs is more specifically detailed in the annual budget. The Agency may appropriate funds consisting of revenue allocation proceeds on an annual basis without the issuance of notes or bonds. The Agency may also obtain advances or loans from the City or Agency, or private entity and financial institutions in order to immediately commence construction of certain of the public improvements. Developer advanced funding of public improvements could also achieve the same purpose. The revenue allocation proceeds are hereby irrevocably pledged for the payment of the principal and interest on the advance of monies or making of loans or the incurring of any indebtedness such as bonds, notes, and other 27 Meridian City Council Meeting Agenda March 17,2020— Page 99 of 191 obligations (whether funded, refunded, assumed, or otherwise)by the Agency to finance or refinance the Project in whole or in part, including reimbursement to developers for the cost of eligible public improvements. Revenues will continue to be allocated to the Agency until termination of the revenue allocation area as set forth in Section 800. Attachment 5 incorporates estimates and projections based on the Agency's and the consultants' present knowledge and expectations concerning the length of time to complete the improvements and estimated future revenues. The activity may take longer depending on the significance and timeliness of development. Alternatively,the activity may be completed earlier if revenue allocation proceeds are greater or the Agency obtains additional funds. 502.1 Economic Feasibility Study Attachment 5 constitutes the Economic Feasibility Study ("Study") for the urban renewal area prepared by Kushlan I Associates and SMR Development, LLC. The Study constitutes the financial analysis required by the Act and is based upon existing information from property owners, developers, the Agency, City and others. 502.2 Assumptions and Conditions/Economic Feasibility Statement The information contained in Attachment 5 assumes certain completed and projected actions. All debt is projected to be repaid no later than the duration period of the Plan. The total amount of bonded indebtedness, developer reimbursement and all other loans or indebtedness, and the amount of revenue generated by revenue allocation are dependent upon the extent and timing of private development. Should all of the proposed development take place as projected, the project indebtedness could be extinguished earlier, dependent upon the bond sale documents or other legal obligations. Should private development take longer to materialize, or should the private development be substantially less than projected, then the amount of revenue generated will be substantially reduced and debt may continue for its full term. The Plan and the Plan Attachments incorporate estimates and projections based on the Agency's and consultants' present knowledge and expectations. The Plan proposes certain public improvements as set forth in Attachment 5, which will facilitate mixed-use commercial, residential, office and retail development in the Revenue Allocation Area. The assumptions set forth in the Study are based upon the best information available to the Agency and consultants through public sources or discussions with property owners, developers, City staff and others. The information has been analyzed by the Agency and its consultants in order to provide an analysis that meets the requirements set forth under the Law and Act. At the point in time when the Agency may seek a loan from lenders or others, a more detailed and then-current financial pro forma will be presented to those lenders or underwriters for analysis to determine the borrowing capacity of the Agency. As set forth herein,the Agency reserves the right to fund the Project on a"pay as you go" basis. The Agency Board will 28 Meridian City Council Meeting Agenda March 17,2020— Page 100 of 191 prioritize the activities set forth in this Plan and determine what funds are available and what activities can be funded. The Agency will establish those priorities through its mandated annual budgetary process. The list of public improvements, or activities within Attachment 5 are prioritized by way of importance to the Agency, by feasibility based on estimated revenues to be received, amounts funded, and by year of funding. The projected timing of funding is primarily a function of the availability of financial resources and market conditions but is also strategic, considering the timing of private development partnership opportunities and the ability of certain strategic activities to stimulate development at a given points in time within the duration of the Plan and Project Area. The assumptions concerning revenue allocation proceeds are based upon certain anticipated development, assessed value increases and assumed levy rates as more specifically set forth in Attachment 5. Further, the financial analysis set forth in Attachment 5 has taken into account and excluded levies that do not flow to the Agency consistent with Idaho Code § 50- 2908. The types of new construction expected in the Project Area are mixed-use, residential, commercial, office and retail project, and related public improvements, as well as a community recreation facility and public structured parking facility and/or surface parking lots. The Project Area has potential for a significant increase in residential, commercial, and retail growth due to the location of the Project Area. However, without a method to construct the identified public improvements such as water lines, street infrastructure, and pedestrian amenities, development is unlikely to occur in much of the Project Area. 502.3 Ten Percent Limitation Under the Act, the base assessed valuation for all revenue allocation areas cannot exceed gross/net ten percent(10%)of the current assessed taxable value for the entire City. According to the Ada County Assessor,the assessed taxable value for the City as of January 1, 20191, less homeowner's exemptions is $9,465,760,011.00. Therefore, the 10% limit is $946,576,001.00. The adjusted base assessed value of each of the existing or proposed revenue allocation areas as of January 1, 2019, is as follows: Meridian Revitalization Plan (Downtown District Plan)Z $131,252,900 Ten Mile District $12,582,900 Union District $2,163,380 Due to the timing of the assessment process and creation of this Plan,the 2019 values have been used to establish compliance with the 100o limitation. Using the 2019 values,the total adjusted base value of the existing and proposed revenue allocation areas combined with the value of this Project Area are less than 2%of the total taxable value of the City. Even assuming an increase in values for 2020,the combined adjusted base values of the revenue allocation areas would not exceed 10%of the current assessed taxable value for the entire City. Z Less area deannexed by the First Amendment to the Meridian Revitalization Plan Urban Renewal Project,adopted by City Council Ordinance No. on June ,2020. 29 Meridian City Council Meeting Agenda March 17,2020— Page 101 of 191 The adjusted base values for the combined revenue allocation areas total $145,998,180, which is less than 10%of the City's 2019 taxable value. 502.4 Financial Limitation The Study identifies several capital improvement projects. Use of any particular financing or funding source for any particular purpose is not assured or identified. Use of the funding source shall be conditioned on any limitations set forth in the Law, the Act, by contract, or by other federal regulations. If revenue allocation funds are unavailable, then the Agency will need to use a different funding source for that improvement. The amount of funds available to the Agency from revenue allocation financing is directly related to the assessed value of new improvements within the Revenue Allocation Area. Under the Act, the Agency is allowed the revenue allocation generated from inflationary increases and new development value. Increases have been assumed based upon the projected value of new development as that development occurs along with possible land reassessment based on a construction start. The Study, with the various estimates and projections, constitutes an economic feasibility study. Costs and revenues are analyzed, and the analysis shows the need for public capital funds during the project. Multiple financing sources including annual revenue allocations, developer contributions, city contributions, interfund loan, property disposition, and other funds are shown. This Study identifies the kind, number, and location of all proposed public works or improvements, a detailed list of estimated project costs, a description of the methods of financing the estimated project costs, and the time when related costs or monetary obligations are to be incurred. See Idaho Code § 50-2905. Based on these funding sources, the conclusion is that the project is feasible. The Agency reserves the discretion and flexibility to use revenue allocation proceeds in excess of the amounts projected in the Study for the purpose of funding the additional identified projects and improvements. The projections in the Study are based on reasonable assumptions and existing market conditions. However, should the Project Area result in greater than anticipated revenues,the Agency specifically reserves the ability to fund the additional activities and projects identified on the unfunded improvement list. Further, the Agency reserves the discretion and flexibility to use other sources of funds unrelated to revenue allocation to assist in the funding of the improvements and activities identified, including but not limited to owner participation agreements and disposition and development agreements. The Agency may also, re-prioritize projects pursuant to market conditions, project timing, funding availability, etc. as more specifically detailed in the annual budget. The proposed timing for the public improvements may very well have to be adjusted depending upon the availability of some of the funds and the Agency's ability to finance any portion of the Project. Any adjustment to Project timing or funding is technical or 30 Meridian City Council Meeting Agenda March 17,2020— Page 102 of 191 ministerial in nature and shall not be considered a modification of the Plan pursuant to Idaho Code§ 50-2903A. Attachment 5 lists those public improvements the Agency intends to construct through the term of the Plan. The costs of improvements are estimates only as it is impossible to know with any certainty what the costs of improvements will be in future years. There is general recognition that construction costs fluctuate and are impacted by future unknowns, such as, the cost of materials and laborers. Final costs will be determined by way of construction contract public bidding or by an agreement between the developer/owner and Agency. The listing of public improvements does not commit the City or Agency to any particular level of funding; rather, identification of the activity in the Plan allows the Agency to negotiate the terms of any reimbursement with the developer and/or City. This Plan does not financially bind or obligate the City or Agency to any project or property acquisition; rather, for purposes of determining the economic feasibility of the Plan certain projects and expenditures have been estimated and included in the analysis. Agency revenue and the ability to fund reimbursement of eligible Project Costs is more specifically detailed in any participation agreement and in the annual budget adopted by the Agency Board. The Agency reserves its discretion and flexibility in deciding which improvements are more critical for development, and the Agency intends to coordinate its public improvements with associated development by private developers/owners. The Agency also intends to coordinate its participation in the public improvements with the receipt of certain grants or loans which may require the Agency's participation in some combination with the grant and loan funding. Generally,the Agency expects to develop those improvements identified in Attachment 5 first, in conjunction with private development within the Project Area generating the increment as identified in Attachment 5. The Plan has shown that the equalized valuation of the Revenue Allocation Area as defined in the Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Plan. 502.5 Participation with Local Improvement Districts and Business Improvement Districts Under the Idaho Local Improvement District Code, Chapter 17, Title 50, Idaho Code,the City has the authority to establish local improvement districts for various public facilities, including, but not limited to, streets, curbs, gutters, sidewalks, storm drains, landscaping, and other like facilities. To the extent allowed by the Law and the Act,the Agency reserves the authority, but not the obligation, to participate in the funding of local improvement district facilities. This participation may include either direct funding to reduce the overall cost of the LID or to participate as an assessed entity to finance the LID project. Similarly, to the extent allowed by the Law and the Act,the Agency reserves the authority, but not the obligation,to participate in the funding of the purposes specified under the Business Improvement Districts, 31 Meridian City Council Meeting Agenda March 17,2020— Page 103 of 191 Chapter 26, Title 50, Idaho Code. 502.6 Issuance of Debt and Debt Limitation Any debt incurred by the Agency as allowed by the Law and Act shall be secured by revenues identified in the debt resolution or revenue allocation funds as allowed by the Act. All such debt shall be repaid within the duration of this Plan, except as may be authorized by law. 502.7 Impact on Other Taxing Districts and Levy Rate An estimate of the overall impact of the revenue allocation project on each taxing district is shown in the Study through the new development projections set forth in Attachment 5. The assessed value for each property in a revenue allocation area consists of a base value and an increment value. The base value is the assessed value as of January 1 of the year in which a revenue allocation area is approved by a municipality, with periodic adjustments allowed by Idaho law. The increment value is the difference between the adjusted base assessed value and current assessed taxable value in any given year while the property is in a revenue allocation area. Under Idaho Code § 63-802,taxing entities are constrained in establishing levy rates by the amount each budget of each taxing district can increase on an annual basis. Taxing entities submit proposed budgets to the County Board of Commissioners, which budgets are required to comply with the limitations set forth in Idaho Code § 63-802. Therefore,the impact of revenue allocation is more of a product of the imposition of Idaho Code § 63-802,than the effect of urban renewal. The County Board of Commissioners calculates the levy rate required to produce the proposed budget amount for each taxing entity using the assessed values which are subject to each taxing entity's levy rate. Assessed values in urban renewal districts which are subject to revenue allocation (incremental values) are not included in this calculation. The combined levy rate for the taxing entities is applied to the incremental property values in a revenue allocation area to determine the amount of property tax revenue which is allocated to an urban renewal agency. The property taxes generated by the base values in the urban renewal districts and by properties outside revenue allocation areas are distributed to the other taxing entities. Properties in revenue allocation areas are subject to the same levy rate as they would be outside a revenue allocation area. The difference is how the revenue is distributed. If the overall levy rate is less than assumed, the Agency will receive fewer funds from revenue allocation. In addition, without the Revenue Allocation Area and its ability to pay for public improvements and public facilities, fewer substantial improvements within the Revenue Allocation Area would be expected during the term of the Plan; hence,there would be lower increases in assessed valuation to be used by the other taxing entities. The Study's analysis is premised upon the fact the proposed development would not occur but for the ability to use revenue allocation funds to fund certain significant public infrastructure improvements. 32 Meridian City Council Meeting Agenda March 17,2020— Page 104 of 191 One result of new construction occurring outside the revenue allocation area(Idaho Code §§ 63-802 and 63-301A) is the likely reduction of the levy rate as assessed values increase for property within each taxing entity's jurisdiction. From and after December 31, 2006, Idaho Code § 63-301A prohibits taxing entities from including, as part of the new construction roll, the increased value related to new construction within a revenue allocation area until the revenue allocation authority is terminated. Any new construction within the Project Area is not available in the short term for inclusion by the taxing entities to increase their budget capacity. Under current law, upon termination of this Plan or deannexation of area,the taxing entities will be able to include the accumulated new construction roll value in setting the following year's budget and revenue from such value is not limited to the three percent increase allowed in Idaho Code § 63- 802(1)(a). As 2019 certified levy rates are not determined until late September 2020, the 2019 certified levy rates have been used in the Study for purposes of the analysis.3 Those taxing districts and rates area as follows: Taxing District Levies: Ada County .002549212 Ada County Highway District .000771526 City of Meridian .003083910 West Ada School District .000014448 Ada County Ambulance .000121963 Mosquito Abatement District .000021765 College of Western Idaho .000128506 Meridian Cemetery .000037985 Meridian Free Library .000441567 Western Ada Recreation .000042391 TOTAL: .007213273 The Study has made certain assumptions concerning the levy rate. The levy rate is estimated to stay level for the life of the revenue allocation area. If the overall levy rate is less than projected, or the land values do not increase as expected, or expected development fails to occur as estimated, the Agency shall receive fewer funds from revenue allocation. Pursuant to Idaho Code § 50-2908, the Agency is not entitled to revenue allocation proceeds from certain levy increases which are allowed by either specific statutory authorization or approved by an election of the qualified electors of the particular taxing district. Therefore, for any levy election, the Agency will not receive revenue allocation funds which would have been generated by imposing that levy on the assessed valuation within the Project Area. The Study has taken this statute into account. 3 Due to the timing of the taxing districts' budget and levy setting process,certification of the 2020 levy rates did not occur until this Plan had been prepared and considered by the Agency. In order to provide a basis to analyze the impact on the taxing entities,the 2019 levy rates are used. Use of the 2019 levy rates provides a more accurate base than estimating the 2020 levy rates. 33 Meridian City Council Meeting Agenda March 17,2020— Page 105 of 191 503 Lease Revenue,Parking Revenue,and Bonds Under the Law (Idaho Code § 50-2012), the Agency is authorized to issue revenue bonds to finance certain public improvements identified in the Plan. Under that type of financing,the public entity would pay the Agency a lease payment annually which provides certain funds to the Agency to retire the bond debt. Another variation of this type of financing is sometimes referred to as conduit financing, which provides a mechanism where the Agency uses its bonding authority for the Project, with the end user making payments to the Agency to retire the bond debt. These sources of revenues are not related to revenue allocation funds and are not particularly noted in the Study, because of the"pass through"aspects of the financing. Under the Act, the economic feasibility study focuses on the revenue allocation aspects of the Agency's financial model. These financing models typically are for a longer period of time than the 20-year period set forth in the Act. However, these financing models do not involve revenue allocation funds, but rather funds from the end users which provide a funding source for the Agency to continue to own and operate the facility beyond the term of the Plan as allowed by Idaho Code § 50-2905(8) as those resources involve funds not related to revenue allocation funds. 504 Membership Dues and Support of Community Economic Development The Act is premised upon economic development being a valid public purpose. To the extent allowed by the Law and the Act,the Agency reserves the authority to use revenue allocation funds to contract with non-profit and charitable organizations established for the purpose of supporting economic development and job creation. Additionally,the Agency reserves the authority to expend revenue allocation funds to join, participate and support non- profit organizations established to support Agency best practices and administration. The Annual Program Operations identified in the Study shall be deemed to include expenditures for the purposes described in this section as may be deemed appropriate during the annual budgetary process. 600 ACTIONS BY THE CITY AND OTHER PUBLIC ENTITIES The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the area of conditions causing deterioration. Actions by the City shall include, but not be limited to,the following: a. Institution and completion of proceedings necessary for changes and improvements in private and publicly owned public utilities within or affecting the Project Area. b. Revision of zoning (if necessary)within the Project Area to permit the land uses and development authorized by this Plan. 34 Meridian City Council Meeting Agenda March 17,2020— Page 106 of 191 C. Imposition wherever necessary of appropriate controls within the limits of this Plan upon parcels in the Project Area to ensure their proper development and use. d. Provision for administrative enforcement of this Plan by the City after development. The City and the Agency may develop and provide for enforcement of a program for continued maintenance by owners of all real property, both public and private, within the Project Area throughout the duration of this Plan. e. Building Code enforcement. f. Performance of the above actions and of all other functions and services relating to public peace, health, safety, and physical development normally rendered in accordance with a schedule which will permit the development and/or redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. g. The undertaking and completing of any other proceedings necessary to carry out the Project. h. Administration of Community Development Block Grant funds that may be made available for this Project. i. Appropriate agreements with the Agency for administration, supporting services, funding sources, and the like. j. Use of public entity labor, services, and materials for construction of the public improvements listed in this Plan. k. Coordination of the development agreements entered into by the City and developer with the goals of the Plan. 1. Assist with coordinating and implementing the public improvements in the Project Area identified in the Study. In addition to the above, the City may elect to waive hookup or installation fees for sewer, water, or other utility services for any facility owned by any public entity or Agency facility and waive any city impact fee for development within the Project Area. The foregoing actions to be taken by the City do not constitute any commitment for financial outlays by the City. 601 Maintenance of Public Improvements The Agency has not identified any commitment or obligation for long-term maintenance of the public improvements identified. The Agency will need to address this issue with the 35 Meridian City Council Meeting Agenda March 17,2020— Page 107 of 191 appropriate entity, public or private, who has benefited from or is involved in the ongoing preservation of the public improvement. The Agency expects to dedicate public improvements to the City. 700 ENFORCEMENT The administration and enforcement of this Plan, including the preparation and execution of any documents implementing this Plan, shall be performed by the Agency and/or the City. 800 DURATION OF THIS PLAN,TERMINATION,AND ASSET REVIEW Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan, shall be effective for twenty (20)years from the effective date of the Plan subject to modifications and/or extensions set forth in Idaho Code §§ 50-2904 and 50-2905(7). The revenue allocation authority will expire on December 31, 2040, except for any revenue allocation proceeds received in calendar year 2041, as contemplated by Idaho Code § 50-2905(7). The Agency may use proceeds in 2041 to complete the projects set forth herein. As stated in the Plan, any owner participation agreement or disposition and development agreement obligations will cease as of December 31, 2040. Idaho Code § 50-2903(5) provides the Agency shall adopt a resolution of intent to terminate the revenue allocation area by September 1. In order to provide sufficient notice of termination to the affected taxing districts to allow them to benefit from the increased budget capacity, the Agency will use its best efforts to provide notice of its intent to terminate this Plan and its revenue allocation authority by May 1, 2041, or if the Agency determines an earlier terminate date, then by May 1 of the early termination year: a. When the Revenue Allocation Area plan budget estimates that all financial obligations have been provided for,the principal of and interest on such moneys, indebtedness, and bonds have been paid in full or when deposits in the special fund or funds created under this chapter are sufficient to pay such principal and interest as they come due, and to fund reserves, if any, or any other obligations of the Agency funded through revenue allocation proceeds shall be satisfied and the Agency has determined no additional project costs need be funded through revenue allocation financing, the allocation of revenues under Idaho Code § 50- 2908 shall thereupon cease; any moneys in such fund or funds in excess of the amount necessary to pay such principal and interest shall be distributed to the affected taxing districts in which the Revenue Allocation Area is located by the County Clerk in the same manner and proportion as the most recent distribution to the affected taxing districts of the taxes on the taxable property located within the Revenue Allocation Area; and the powers granted to the urban renewal agency under Idaho Code § 50-2909 shall thereupon terminate. 36 Meridian City Council Meeting Agenda March 17,2020— Page 108 of 191 b. In determining the termination date, the Plan shall recognize that the Agency shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the Plan. C. For the fiscal year that immediately predates the termination date,the Agency shall adopt and publish a budget specifically for the projected revenues and expenses of the Plan and make a determination as to whether the Revenue Allocation Area can be terminated before January 1 of the termination year pursuant to the terms of Idaho Code § 50-2909(4). In the event that the Agency determines that current tax year revenues are sufficient to cover all estimated expenses for the current year and all future years, by May 1, but in any event, no later than September 1, the Agency shall adopt a resolution advising and notifying the local governing body, the county auditor, and the State Tax Commission, recommending the adoption of an ordinance for termination of the Revenue Allocation Area by December 31 of the current year, and declaring a surplus to be distributed as described in Idaho Code § 50-2909 should a surplus be determined to exist. The Agency shall cause the ordinance to be filed with the office of the county recorder and the Idaho State Tax Commission as provided in Idaho Code § 63-215. Upon termination of the revenue allocation authority of the Plan to the extent the Agency owns or possesses any assets, the Agency shall dispose of any remaining assets by granting or conveying or dedicating such assets to the City. As allowed by Idaho Code § 50-2905(8),the Agency may retain assets or revenues generated from such assets as loans; the Agency shall have resources other than revenue allocation funds to operate and manage such assets. Similarly, facilities which provide a lease income stream to the Agency for full retirement of the facility debt will allow the Agency to meet debt services obligations and provide for the continued operation and management of the facility. For those assets which do not provide such resources or revenues,the Agency will likely convey such assets to the City, depending on the nature of the asset. 900 PROCEDURE FOR AMENDMENT OR MODIFICATION To the extent there is any outstanding loans or obligations,this Plan shall not be modified pursuant to the provisions set forth in Idaho Code § 50-2903A. Modification of this Plan results in a reset of the base value for the year immediately following the year in which the modification occurred to include the current year's equalized assessed value of the taxable property in the revenue allocation area, effectively eliminating the Agency's revenue stream as more fully set forth in Idaho Code § 50-2903A subject to certain limited exceptions contained therein, including the exception to allow an amendment to support growth of an existing commercial or industrial project. I.C. § 50-2903A(1)(a)(iv).. As more specifically identified above,the Agency's projections are based on estimated values, estimated levy rates,estimated future 37 Meridian City Council Meeting Agenda March 17,2020— Page 109 of 191 development, and estimated costs of future construction/improvements. Annual adjustments as more specifically set forth in the Agency's annual budget will be required to account for more/less estimated revenue and prioritization of projects. Any adjustments for these stated purposes are technical and ministerial and are not deemed a modification under Idaho Code § 50- 2903A(1)(a)(i). 1000 SEVERABILITY If any one or more of the provisions contained in this Plan to be performed on the part of the Agency shall be declared by any court of competent jurisdiction to be contrary to law, then such provision or provisions shall be null and void and shall be deemed separable from the remaining provisions in this Plan and shall in no way affect the validity of the other provisions of this Plan. 1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS Under the Law, the Agency is required to file with the City, on or before March 31 of each year, a report of the Agency's activities for the preceding calendar year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such calendar year. This annual report shall be considered at a public meeting to report these findings and take comments from the public. Additionally,the Agency must comply with certain other reporting requirements as set forth in Idaho Code § 67-450E,the local government registry portal, Idaho Code § 50-2913,the tax commission plan repository, and Idaho Code § 50-2903A, the tax commission's plan modification annual attestation. Failure to report the information requested under any of these statutes results in significant penalties, including loss of increment revenue, and the imposition of other compliance measures by the Ada County Board of County Commissioners. 1200 APPENDICES,ATTACHMENTS,EXHIBITS,TABLES All attachments and tables referenced in this Plan are attached and incorporated herein by their reference. All other documents referenced in this Plan but not attached are incorporated by their reference as if set forth fully. 38 Meridian City Council Meeting Agenda March 17,2020— Page 110 of 191 Attachment 1 Project Area and Revenue Allocation Area Boundary Map Meridian City Council Meeting Agenda March 17,2020— Page 111 of 191 MERIDIAN STATION PARCEL CITY OF MERIDIAN,ADA COUNTY, IDAHO IiL E PINE AVE z - i z m m m D - > ► z ; z —_ p I v > —I S 03829" 4"- E IDAHO AVE N ... ..: ::. ::::::: :::. ::::::....... --- � : . �.ini ... : .. S 88 4224E . . . ..... ::: �! I E BROADWAY AVE " I _ i { I �o :: :::: : :: TdN•S .A a3......... . --------------- :•. •: .Y:: :• :}r:.•:::•:�(:.:.: CA i W O Z /- N 88°30'19"W 1931.04' j/�titib ST 11,57 12 W FRANKLIN _ 13 18 - f 'F NITS PRo1ECr: OWNERIDEVELOPER: 2030 S. WASHINGTON AVE. DING# MERIDIAN STATION BILL EMMEM ID 83617 120018-EX DE—ANNEXATION EXHIBIT ERIDIANL I P. 208 398-8104 PROJECT# MERIDIAN.ID �� F:f 208�398-8105 120018 SEC, 7, T3N, R1E, B.M. 208-914-6131 �wroor / SHEEr 1n020 Lo�Suivryi LLG WWW.SAWTOOTHLS.COM 1 OF 1 Meridian City Council Meeting Agenda March 17,2020— Page 112 of 191 Attachment 2 Legal Description of Project Area and Revenue Allocation Area An area consisting of approximately 16 acres as more particularly described as follows: Meridian City Council Meeting Agenda March 17,2020— Page 113 of 191 Alk Sawtooth Land Surveying, LLC S/fiWTOOT''j P: (208) 398-8104 F: (208) 398-8'05 2030 5. Washington Ave., Emmett, ID 83G 17 De-Annexation Legal Description A tract of land consisting of approximately 15.90 acres being a portion of Section 7,Township 3 North, Range 1 East, Boise Meridian,City of Meridian, Ada County, Idaho,more particularly described as follows: COMMENCING at the Section corner common to Sections 7, 12, 13 and 18 of Township 3 North, Range 1 East, Boise Meridian;thence North 53'01'09"East,2291.26 feet to the intersection of the southerly right of way of Union Pacific Railroad and the westerly right of way of N. Main St.and the POINT OF BEGINNING;thence North 0'33'11"East,coincident with said westerly right of way of N. Main St., 639.69 feet to the northerly right of way of E. Broadway Ave.;thence South 88°42'24"East,coincident with said northerly right of way of E. Broadway Ave.,380.05 feet to the westerly right of way of E. 2nd St.; thence North 0°33'15"East,coincident with said westerly right of way of E. 2nd St., 336.24 feet to the northerly right of way of E. Idaho Ave.;thence South 88°38'29"East,coincident with said northerly right of way of E. Idaho Ave.,464.82 feet to the easterly right of way of E. 3rd St.;thence South 1°21'54"West,coincident with said easterly right of way of E. 31 St.,978.24 feet to said southerly right of way of Union Pacific Railroad;thence North 88°30'19"West,coincident with said southerly right of way of Union Pacific Railroad, 831.04 feet to the POINT OF BEGINNING. 1ST O � .c a 11 74 w 'PA O VA 2-OF VI) � BEA6 P . \ 2020\ 1 EMT\ 120018 - MERIDIAN STATION DE - ANNEXAT1ON \ Survey\ Dra ,vings \ Descriptions \ 1 200 18 - de - annexation legal docxB doc Page 11 Meridian City Council Meeting Agenda March 17,2020— Page 114 of 191 Attachment 3 Properties (Public and/or Private) Which May Be Acquired by Agency l. The Agency has not identified any particular parcel for the construction of public improvements or for private redevelopment. Properties which may be subject to acquisition included parcels to: a) assemble with adjacent parcels to facilitate development and/or redevelopment; b) assemble with adjacent rights-of-way to improve configuration and enlarge parcels for development and/or redevelopment; c) reconfigure sites for development and possible extension of streets or pathways d) assemble for future transfer to qualified developers to facilitate the development of mixed-use, residential, commercial, office and retail areas. e) assemble for the construction of certain public improvements, including but not limited to streets, streetscapes, water and sewer improvements, environmental and floodplain remediation/site preparation, public parking, community and recreation facilities, parks, pedestrian/bike paths and trails, and open space. 2. The Agency reserves the right to acquire any additional right-of-way or access routes near or around existing or planned rights-of-way. 3. The Agency reserves the right to acquire property needed to provide adequately sized sites for high priority projects for the development of public improvements (the exact location of which has not been determined). �. Other parcels may be acquired for the purpose of facilitating catalyst or demonstration projects, constructing public parking, constructing new streets or pathways, enhancing public spaces, or to implement other elements of the urban renewal plan strategy and/or the Master Plan for the Project Area. Meridian City Council Meeting Agenda March 17,2020— Page 115 of 191 Attachment 4 Map Depicting Expected Land Uses and Current Zoning Within Revenue Allocation Area and Project Area Meridian City Council Meeting Agenda March 17,2020— Page 116 of 191 Attachment 5 Economic Feasibility Study 4840-3668-4470,v.2 Meridian City Council Meeting Agenda March 17,2020— Page 117 of 191 ATTACHMENT 5.1 (Option B -10%Tax Rate) Public Improvements within the Revenue Allocation Area This attachment includes a projected list of proposed public works or improvements within the Project area. The Project area includes fully improved streets, utilities and other public rights-of-way amenities as well as park and open space costs, a community center and associated public parking The Meridian Development Corporation (MDC) Improvement List for the Union Urban Renewal District identifies needed investments to support private investment in capital facilities. Capital facilities generally have long useful lives and significant costs. The overall project and the infrastructure to support it are all consistent with the vision articulated in the City of Meridian Comprehensive Plan and as required in City development regulations. The cost estimates provided by the Developer are based upon prices for similar construction in the area as provided by their architects and consulting engineers. Estimated costs expected to be incurred in implementing the urban renewal plan are as follows: Community Center Construction $6,450,000 Net District Cost Construction $6,450,000 Community Center Site Improvements $1,615,000 Structured Public Parking $4,250,000 Sub-Total $5,865,000 Total Community Center Cost $12,315,000 Meridian Station Off-Site and Infrastructure 3rd Street $ 615,000 Broadway Avenue 600,000 Sub-total Meridian Station Off-Site $1,215,000 Additional Public Parking $1,510,000 Grand Total $15,040,000 The projects and estimated costs have been derived from Galena Opportunity Fund based upon similar works in the broader community. The costs are estimated in 2020 dollars and not inflated. Costs will likely vary from the costs detailed here, as they will be subject to inflation and further project refinement and timing. The cost Meridian City Council Meeting Agenda March 17,2020— Page 118 of 191 estimates used in this analysis are considered estimates for the purpose of financial planning. The Meridian Union URD is estimated to generate $16,286,437 in tax increment revenue between 2020 and 2040 in addition to the initial $75,000 loan from the MDC to activate the program and a $3,000,000 contribution from the City of Meridian to the Community Center. The total from all three sources is estimated to be $19 361,437. There are presently $15,040,000 of project costs identified in the list for public improvement costs provided by the developer. The fiscal analysis assumes projects are implemented by the developer of the Meridian Station Project in association with that project. It is assumed that the developer will be reimbursed through an Owner Participation Agreement (OPA) from resources derived from the Revenue Allocation Area established with the newly created Union Urban Renewal District. Administrative costs over the 20-year life of the district are estimated at $965,868 or approximately 5.9% of total estimated revenue. The initial inter-district loan to support startup costs is assumed to be repaid at 5% simple interest for a total obligation of$112,500 After the City capital contribution, the total estimated expenditures equal $16,261,437, leaving a $100,000 positive program balance of at the end of the 20-year term. See attached cash flow analyses for detailed estimates. The Plan provides for the district to extend through its maximum term of 20 years. With statutory provisions virtually prohibiting modifications to the Plan, one assumes the District will be terminated as soon as its initial obligations as stated in the OPA, are satisfied. Secure funding includes revenue allocation funds and is money the MDC is highly likely to receive. The funds may not be in the MDC's possession at the beginning of the Plan period, but it is virtually certain that the Agency will receive the funds. The MDC may need to take specific actions to generate the funding, but those actions are within their powers. Despite the high probability of secure funding, no project can proceed until a specific, enforceable funding plan is in place. Potential funding is money that might be received by the MDC. In every case the MDC is eligible for the funding, and the source of funding exists under current law. However, each potential funding source requires one or more additional steps or decisions before the MDC can obtain the resources, and the ultimate decision is outside of the MDC's independent control. The City of Meridian capital contribution and grant funds are an example of potential funding. Thus potential funding is not assumed in determining financial feasibility. Meridian City Council Meeting Agenda March 17,2020— Page 119 of 191 Unfunded projects, or portions of projects lack secure or potential funding. The amount of tax increment contributed to the project will may vary depending upon the actual cost of infrastructure. The plan proposes certain public improvements that will facilitate development in the Project area. The overall investment package will be funded from a variety of financing methods and sources. The primary method of financing the MDC's obligation will be through the use of tax increment revenue (i.e., incremental property taxes from the revenue allocation area). This plan anticipates that the tax increment revenue will be used to reimburse the developer through the negotiated OPA. The issuance of bonds is not anticipated in this analysis of financial feasibility. Other sources of funding for project may include, but are not limited to: • Local Improvement District (LID) • Business Improvement District (BID) • Development Impact Fees • Franchise Fees • Grants from federal, state, local, regional agencies and/or private entities • Other bonds, notes and/or loans • Improvements and/or payments by developers The total project costs and the amount of tax increment are estimates. The estimated project costs and revenues are based on the MDC's present knowledge and expectations supported by detailed information from the developer based upon current construction projects in the broader community. Since the Plan will be adopted after July 1, 2016, the provisions of legislation adopted by the Idaho Legislature in 2016 will cause any modification to the Plan to trigger the resetting of the base assessed value to the then-current market value thus eliminating any incremental value accrued to that date. Meridian City Council Meeting Agenda March 17,2020— Page 120 of 191 Map of Proposed Meridian Union Urban Renewal District UNION DISTRICT CITY OF MERIDIAN,ADA COUNTY,IDAHO E PINE AVE x g z m m FTT A > z A v o v z f.4 w A Ll � 8"38" E 4G4 E IOAIIa AVE S 19`E "..OS _- g E 6ROAOWAYAVE _ -- - -=-- A .. ..._.................._......................._::::::::::.......:...::.:-:-:::::::::.: -::::::::: :.::::::::....._._....................... ._. 3 'f1sAk w & ...... a .- - - a-= E .•- .................. . ..:.. 3719"W'. 1 74 a E FRANY.LIT1 RD [v Ir PRUJECf- ` 2030 S.WASILffW3 COY A VE 1 L11G i UNION DISTRICT EMMETT,,ID83617 12M7aEx ANNEXATION ExH16 ell,TRLAX 17 A:{�D8)398- 04 araa+rtr� uewduw.+o F:1208739881Q5 �zoofe SEC, 7 T3N, R1E. S.M. slea,al AAA 6)NTY, IDAHO 1° waT MGM Gm'��•,�y'U.�..r WWWS4N70tl7-HL5.MM ,of 1 Summary of Projects The following tables summarize the estimated total costs for each project category. Development Projects Meridian Union Urban Renewal District Community Center Construction $ 6,450,000 Community Center Site and Infrastructure $1,615,000 Structured Public Parking $ 4,250,000 Meridian City Council Meeting Agenda March 17,2020— Page 121 of 191 Total Community Center Cost $12,315,000 Less City Contribution ($ 3,000,000) Net Union District Cost $ 9,315,000 Meridian Station Public Infrastructure Costs Site Cost-3rd Street $615,000 Site Cost- Broadway Avenue $600,000 Total Meridian Station Public Infrastructure $1,215,000 Additional Public Parking $1,510,000 Total Project Costs Subject to Reimbursement $12,040,000 Cost of Operations and Improvements by Year (2020-2041) Year Secure Funding Potenti District MDC Loan OPA Debt Total Project (TIF al Operating Debt Service Service Liabilities & Fundin Expenses @ 2.65% MDC Loan) g 2020 $75,000 $0 $25,000 $0 $25,000 2021 $0 $0 $25,000 $0 $25,000 2022 $0 $0 $25,000 $0 $25,000 2023 $447,366 $0 $44,737 $40,000 $357,893 $442,629 2024 $456,578 $0 $46,131 $45,000 $365,262 $456,394 2025 $823,409, $0 $50,000 $12,500 $658,727 $736,227 2026 $840,121 $0 $50,000 $0 $672,113 $722,113 2027 $857,202 $0 $50,000 $0 $685,766 $735,766 2028 $874,615 $0 $50,000 $0 $699,692 $749,692 2029 $892,371 $0 $50,000 $0 $798,858 $848,858 2030 $910,482 $0 $50,000 $0 $860,491 $910,491 2031 $928,955 $0 $50,000 $0 $878,955 $928,955 2032 $947,797 $0 $50,000 $0 $897,797 $947,797 2033 $967,016 $0 $50,000 $0 $917,016 $967,016 2034 $986,619 $0 $50,000 $0 $936,619 $986,619 2035 $1,006,614 $0 $50,000 $0 $977,811 $1,006,614 2036 $1,027,008 $0 $50,000 $0 $977,008 $1,027,008 2037 $1,047,811 $0 $50,000 $0 $997,811 $1,047,811 2038 $1,069,029 $0 $50,000 0 $1,019,029 $1,069,029 2039 $1,090,672 $0 $50,000 $0 $1,040,672 $1,090,672 2040 $1,112,747 $0 $50,000 $0 $1,462,070 $1,512,748 2041 $0 $0 0 $0 $0 Total $16,361,437Mk $0 $965,868 $112,500 $15,183,070 $16,261,438 Note: This analysis anticipates a positive fund balance of$100,000 the end of the project. Meridian City Council Meeting Agenda March 17,2020- Page 122 of 191 ATTACHMENT 5.2 Economic Feasibility Study The Meridian Development Corporation (MDC) Union Urban Renewal District Plan as currently envisioned, is economically feasible because the proposed development is sufficient to fully cover the anticipated cost of redevelopment program. The economic feasibility of the MDC Union District Urban Renewal Plan is based on the following factors: • The amount of development anticipated in the Project area • The timing of the proposed taxable development • The nature of the propose development • The amount of tax revenue to be generated by the proposed development • The cost of public improvement projects is to be funded by the developer reimbursed through MDC's tax increment revenue. • If revenue equals or exceeds project costs, the URA Plan is economically feasible. The following is a summary of the analysis and estimates of the factors used to determine the economic feasibility of the MRA District 2 Urban Renewal Plan. Meridian Development Corporation Union Urban Renewal District Plan Financial Feasibility Analysis Summary: Over the course of the Revenue Allocation District, $16,286,437 of Tax Increment Revenue will be generated using the development scenarios proposed by the developer. 10% of annual TIF revenue will be used for administration of the Urban Renewal District with that amount capped at $50,000 per year, for a total of$965,868 for administration costs over the 20-year lifespan of the District. The attached spreadsheets entitled "Meridian Union Urban Renewal District Cash Flow Analysis" gives a more detailed outlook on the revenues and expenses of the development scenario. The following assumptions were made in the formulation of the Financial Feasibility Analysis: o Land Value Increase @ 1%/Yr o Improvement Value Increase @ 2%/Yr. o Tax Rate is reduced 10% and held constant through the life of the Plan Meridian City Council Meeting Agenda March 17,2020— Page 123 of 191 o Total Cost of Improvements over the life of the project: $12,040,000 (Developer Estimate) o The Cash Flow Analysis assumes 80% of the annual district funds will be committed to reimburse the developer for public improvements installed under an Owner Participation Agreement (OPA). o The Cash Flow Analysis provides for "Additional Principal" Payments to the developer if sufficient funds are available and provided for in the 0 PA. o Tax rate does not include debt service for bonds issued by taxing entities after 2007,judgment levies or the School District Plant or supplemental levies excluded by law. The Financial Feasibility Analysis shows that the project will generate adequate funds within the project area to fund the necessary capital improvements. Meridian City Council Meeting Agenda March 17,2020— Page 124 of 191 Meridian Union Urban Renewal District Estimated Tax Increment Yield Cum.New Funding for Land Value Initial Total Annual New Const Value+ Cumulative Taxable Increment Levy Tax Admin Capital Year Improveme Assessed Const.Value Homeowners Value (H Rate Increment Costs Projects/ (+l%annually) Inflation @ Value nt Value Value on tax roll 2% Exemption � -Base Value) (-10%) Yield (10%) Debt Service 2020 $ 216,380 $ $ 216,380 $ $ $ $ 216,380 $ 0.0065 2021 $ 218,544 $ $ 218,544 $ $ $ $ 218,544 $ 0.0065 $ $ $ 2022 $ 220,729 $ $ 220,729 $ $ $ $ 220,729 $ 0.0065 $ $ $ - 2023 $ 222,937 $ $ 222,937 $ 70,747,000 $ 70,747,000 $ $ 70,969,937 $ 68,825,577 0.0065 $ 447,366 $ 50,000 $ 397,366 2024 $ 225,166 $ $ 225,166 $ - $ 72,161,940 $ $ 72,387,106 $ 70,242,746 0.0065 $ 456,578 $ 50,000 $ 406,578 2025 $ 227,418 $ $ 227,418 $ 54,990,000 $ 128,595,179 $ $ 128,822,596 $ 126,678,236 0.0065 $ 823,409 $ 50,000 $ 773,409 2026 $ 229,692 $ $ 229,692 $ $ 131,167,082 $ $ 131,396,774 $ 129,252,414 0.0065 $ 840,141 $ 50,000 $ 790,141 2027 $ 231,989 $ $ 231,989 $ $ 133,790,424 $ $ 134,022,413 $ 131,878,053 0.0065 $ 857,207 $ 50,000 $ 807,207 2028 $ 234,309 $ $ 234,309 $ 136,466,233 $ $ 136,700,541 $ 134,556,181 0.0065 $ 874,615 $ 50,000 $ 824,615 2029 $ 236,652 $ $ 236,652 $ $ 139,195,557 $ $ 139,432,209 $ 137,287,849 0.0065 $ 892,371 $ 50,000 $ 842,371 2030 $ 239,018 $ $ 239,018 $ $ 141,979,468 $ $ 142,218,486 $ 140,074,126 0.0065 $ 910,482 $ 50,000 $ 860,482 2031 $ 241,408 $ $ 241,408 $ $ 144,819,058 $ $ 145,060,466 $ 142,916,106 0.0065 $ 928,955 $ 50,000 $ 878,955 2032 $ 243,822 $ $ 243,822 $ $ 147,715,439 $ $ 147,959,261 $ 145,814,901 0.0065 $ 947,797 $ 50,000 $ 897,797 2033 $ 246,261 $ $ 246,261 $ $ 150,669,748 $ $ 150,916,008 $ 148,771,648 0.0065 $ 967,016 $ 50,000 $ 917,016 2034 $ 248,723 $ $ 248,723 $ $ 153,683,143 $ $ 153,931,866 $ 151,787,506 0.0065 $ 986,619 $ 50,000 $ 936,619 2035 $ 251,210 $ $ 251,210 $ $ 156,756,805 $ $ 157,008,016 $ 154,863,656 0.0065 $ 1,006,614 $ 50,000 $ 956,614 2036 $ 253,723 $ $ 253,723 $ $ 159,891,942 $ $ 160,145,664 $ 158,001,304 0.0065 $ 1,027,008 $ 50,000 $ 977,008 2037 $ 256,260 $ $ 256,260 $ $ 163,089,780 $ $ 163,346,040 $ 161,201,680 0.0065 $ 1,047,811 $ 50,000 $ 997,811 2038 $ 258,822 $ $ 258,822 $ $ 166,351,576 $ $ 166,610,398 $ 164,466,038 0.0065 $ 1,069,029 $ 50,000 $ 1,019,029 2039 $ 261,411 $ $ 261,411 $ $ 169,678,607 $ $ 169,940,018 $ 167,795,658 0.0065 $ 1,090,672 $ 50,000 $ 1,040,672 2040 $ 264,025 $ $ 264,025 $ $ 173,072,180 $ $ 173,336,204 $ 171,191,844 0.0065 $ 1,112,747 $ 50,000 $ 1,062,747 $ 125,737,000 $ 16,286,436 $ 15,386,436 Meridian City Council Meeting Agenda March 17,2020- Page 125 of 191 Meridian Union Urban Renewal District Estimated Tax Increment Yield Assumptions: Values based on Ada County Assesor 2019 Data(latest certified numbers) 20%of Parcel R7596000545 included in development parcel Included portion of Parcel R7596000545 rezoned to Old Town from Light Industrial to be consistent with other included parcels Value of included portion of R7596000545 adjusted to reflect average assessed value of other two parcels-($8.63/sq.Ft.) Land values inflate at 1%per year Existing structures will be demolished and have no value Improvement values inflate at 2%per year Tax Rate remains constant through life of the District with 10%reduction from currrent rate New construction values based upon developer's estimates Residential units will not be owner occupied and thus not subject to the Homewoners Property Tax Exemption Residential units will all be market rate rental units 10%of annual Revevnue Allocation yield will be paid to Meridian Development Corporation for administration-Capped at$50,000/year Balance of Revenue Allcoation Yield will be available for capital investment and/or debt service Total balance($12.39mm)not necessarily available for reimbursement to developer-subject to negotiations with MDC Meridian City Council Meeting Agenda March 17,2020— Page 126 of 191 Meridian Union Urban Renewal District Cash Flow Analysis N Current Tax Rate Reduced by 10% 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Beginning Balance $ - $ 50,000 $ 25,000 5 - $ 4,737 $ 4,921 $ 92,103 $ 210,131 $ 331,572 $ 456,495 $ 500,008 Source of Funds Total Revenue Allocation $ - $ - $ - $ 447,366 $ 456,578 $ 823,409 $ 840,141 $ 857,207 $ 874,615 $ 892,371 $ 910,482 MDC Inter-District Loan* $ 75,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Funds Available $ 75,000 $ 50,000 $ 25,000 $ 447,366 $ 461,315 $ 828,330 $ 932,244 $ 1,067,338 $ 1,206,187 $ 1,348,866 $ 1,410,490 Use of Funds District Operating Expenses $ 25,000 $ 25,000 $ 25,000 $ 44,737 $ 46,131 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 Available for Current Captal Expenses $ - $ - $ 402,629 $ 415,183 $ 778,330 $ 882,244 $ 1,017,338 $ 1,156,187 $ 1,298,866 $ 1,360,490 OPA Debt Service Obligation(80%Net Tif) $ - $ - $ - $ 357,893 $ 365,262 $ 658,727 $ 672,113 $ 685,766 $ 699,692 $ 713,897 $ 728,386 Additional Principal $ 84,961 $ 132,105 Total Debt Service $ - $ - $ 357,893 $ 365,262 $ 658,727 $ 672,113 $ 685,766 $ 699,692 $ 798,858 $ 860,491 Repay Inter-District Loan @ 5% $ - $ - $ - $ 40,000 $ 45,000 $ 27,500 $ - $ - $ - TotalUse of Funds $ 25,000 $ 25,000 $ 25,000 $ 442,629 $ 456,394 $ 736,227 $ 722,113 $ 735,766 $ 749,692 $ 848,858 $ 910,491 Ending Balance $ 50,000 $ 25,000 $ - $ 4,737 $ 4,921 $ 92,103 $ 210,131 $ 331,572 $ 456,495 $ 500,008 $ 500,000 2032 2033 2034 2035 1 2038 2039 2040 Total Beginning Balance $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 Source of Funds Total Revenue Allocation $ 928,955 $ 947,797 $ 967,016 $ 986,619 $ 1,006,614 $ 1,027,008 $ 1,047,811 $ 1,069,029 $ 1,090,672 $ 1,112,747 $ 16,286,437 TFURA Inter-District Loan $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 75,000 Total Funds Available $ 1,428,955 $ 1,447,797 $ 1,467,016 $ 1,486,619 $ 1,506,614 $ 1,527,008 $ 1,547,811 $ 1,569,029 $ 1,590,672 $ 1,612,747 $ 16,361,437 Use of Funds District Operating Expenses $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 965,868 Net Available After Operating Expenses $ 1,378,955 $ 1,397,797 $ 1,417,016 $ 1,436,619 $ 1,456,614 $ 1,477,008 $ 1,497,811 $ 1,519,029 $ 1,540,672 $ 1,562,747 - Available for Debt Service(80%) $ 743,164 $ 758,238 $ 773,613 $ 789,295 $ 805,291 $ 821,606 $ 838,249 $ 855,223 $ 872,538 $ 890,198 $ 13,029,150 Galena OPA Debt Service Obligation $ 743,164 $ 758,238 $ 773,613 $ 789,295 $ 805,291 $ 821,606 $ 838,249 $ 855,223 $ 872,538 $ 890,198 $ 13,029,150 Additional Principal $ 135,791 $ 139,559 $ 143,403 $ 147,324 $ 151,323 $ 155,402 $ 159,562 $ 163,806 $ 168,134 $ 572,550 $ 2,153,920 Total Debt Service $ 878,955 $ 897,797 $ 917,016 $ 936,619 $ 956,614 $ 977,008 $ 997,811 $ 1,019,029 $ 1,040,672 $ 1,462,748 $ 15,183,070 Repay Inter-district Loan @ 5% $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 112,500 Total Use of Funds $ 928,955 $ 947,797 $ 967,016 $ 986,619 $ 1,006,614 $ 1,027,008 $ 1,047,811 $ 1,069,029 $ 1,090,672 $ 1,512,748 $ 16,261,438 Ending Balance $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 99,999 Meridian City Council Meeting Agenda March 17,2020- Page 127 of 191 Meridian Union Urban Renewal District Cash Flow Analysis N Current Tax Rate Reduced by 10% Assum tions Initial District Start-up costs supported by MDC Inter-district Loanof$75,000 to be repaid at 5%Interest 10%of annual TIF yield dedcated to Meridian Development Corporation for District operating Expenses,capped at$50,000,Yr. Land Values will incease at an average of 1%annually over the life of the District Improvement Values will increae at an average of 2%annually over the life of the District Galena Fund will fund required improvements with reimbursemet from Revenue Allocation proceeds over the life of the District if sufficient funds are generated by the taxable investment made. Public Improvements Provided by Developer and subject to reimbursement through OPA Community Cemter Total Construction Cost $6,450,000 Less City Capital Contribution ($3,000,000) Net District Cost $3,450,000 Community Center Site Improvements,Parking and Infrastructure Site and Infrastructure Costs $1,615,000 Structured Parking $4,250,000 Sub-Total $5,865,000 Meridian Station Off-site/ Infrastructure Costs Site Costs-3rd Street $615,000 Site Cost-Broadway $600,000 Sub-Total $1,215,000 Grand Total Subject to Reimbursemen $10,530,000 Alternate Additional Parking $1,510,000 Grand Total Subject to Reimbursement $12,010,000 Specifics of the Galena Fund reimbursement will be subject to a separate Owner Particpation Agreement(OPA)between Galena Fund and the Meridian Development Corpration Positive Fund Balance of$100,000 available at District Termination Meridian City Council Meeting Agenda March 17,2020— Page 128 of 191 C-/WE IDIAN-- ITEM SHEET Council Agenda Item - 5.C. Presenter: Fire Chief Mark Niemeyer Estimated Time for Presentation: Title of Item - Fire Department: Staff Report Discussion Fire Department Staff Report related to response travel time and Meridian Fire goals. Council Notes: ATTACHMENTS: Description Type Upload Date Memo to Council Cover Memo 3/11/2020 REVIEWERS: Clerk. Weatherly,Adrienne Approved 3/13/2020 - 9:52 AM Meridian City Council Meeting Agenda March 17,2020— Page 129 of 191 March 11, 2020 MEMORANDUM TO: Mayor and City Council CC: Chief Mark Niemeyer FROM: Click here to enter text. RE: Fire Department Staff Report Review Fire Department staff report, review 5 minute travel time map, review what neighboring Cities are doing, and discuss importance of City of Meridian goals. Meridian City Council Meeting Agenda March 17,2020— Page 130 of 191 cu rl 3 r- i ton c-rt � -gyp cu . 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N N "'% � rD N =r 0 � �D moma 0 "1 p romin vommom O amoma ° =I cramoodo LA Cl LA < O CD ^ m D ° N"w"o ? � O O �D XmimmNo NMI r.i. 0 �D • 0 O D (D rot n � n L n o r O a � • o L n n o O O 3 r-r LA wo r• o CA Mi 1w N � O �D to N n a 0 cr � o N C O r + m d A 0 LA r'F 0 LA i i d \\ 71 rn y � y a �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item - 5.D. Presenter: Fire Chief Mark Niemeyer Estimated Time for Presentation: 10 Title of Item - Fire Department: COVID-19 Update Review current regional planning efforts for Covid-19, and provide updates for City of Meridian preparations Council Notes: ATTACHMENTS: Memo to Council Cover Memo 3/11/2020 REVIEWERS: ction Clerk. Weatherly,Adrienne Approved 3/13/2020 - 9:52 AM Meridian City Council Meeting Agenda March 17,2020— Page 131 of 191 Mayor Robert E. Simison E I D I A N��� 9 City Council Members: g Tre Bernt Brad Hoa lun Joe Borton Jessica Perreault A H O Luke Cavener Liz Strader March 11, 2020 MEMORANDUM TO: Mayor and City Council CC: Chief Mark Niemeyer FROM: Click here to enter text. RE: Covid-19 Update Review current regional planning efforts for Covid-19, and provide updates for City of Meridian preparations. Meridian City Council Meeting Agenda March 17,2020— Page 132 of 191 WI IDIAN --- IDAHO Planning and Zoning Public Hearings Staff Outline and Presentation Meeting Notes: Item #6A: Everest Surgical Institute (H-2020-0013) Application(s): Plat note Vacation Size of property, existing zoning, and location: This site consists of 1.71 acres of land, zoned L-O, located at 2960 E. St. Lukes Street. History: The property had a final plat approval in 2002 with the Mystery View Subdivision for office/commercial lots. This final plat is where the plat note was included and restricted only Lot 2 to single-story buildings. Comprehensive Plan FLUM Designation: Commercial Summary of Request: The applicant is requesting to vacate plat note number seven (7) on the Mystery View Subdivision (PFP-01- 005) plat map restricting Lot 2, Block 1 to single-story buildings only. The plat note restricts the number of stories but does not restrict the overall height of the buildings. Therefore, with the plat note in place the applicant can construct a 35’ tall building 20 feet from the adjacent residential neighbors to the north of the property. The applicant wishes to vacate this plat note so a two-story 15,800 square foot Ambulatory Surgical Center can be built with a smaller footprint. With a two-story design, the building is proposed to be placed 65’ further away from the residences than if the plat note remained and the building was required to be single-story. Overall, the proposed building would be placed approximately 55’ from the residences to the north if required to be single-story but with a two-story design, the building would be placed approximately 120’ away. In addition, with the increased space on the lot, the applicant would be able to provide an additional 26 parking stalls and increase the landscape buffer to the residential lots. The applicant has received written agreement from each of the residential neighbors that directly abut the project site—they all agree they would rather see a two-story structure further away from their backyards than a single-story structure 65’ closer to them. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Jeremy Telford – Applicant; All neighbors to the north – shown as a statement of non-opposition (Exhibit D of the staff report). ii. In opposition: None iii. Commenting: iv. Written testimony: None Outstanding Issue(s) for City Council: i. Written Testimony since Commission Hearing: N/A Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2020-0013, as presented in the staff report for the hearing date of 3/17/2020: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2020-0013, as presented during the hearing on 3/17/2020, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2020-0013 to the hearing date of 3/17/2020 for the following reason(s): (You should state specific reason(s) for continuance.) Changes to Agenda: None Item #6B: Graycliff Estates (H-2019-0129) th The Council continued this project from March 10 in order to clarify the information received from the WASD & the Fire Dept. The WASD submitting the following revised numbers on enrollment: Application(s): Development Agreement Modification Preliminary Plat Size of property, existing zoning, and location: This site consists of 52.46 acres of land, zoned R-8 & R-40, located southwest of W. Harris St. & S. Meridian Rd. History: This property was annexed in 2015 and a PP was approved for 120 buildable lots; a subsequent PP was approved in 2018 which increased the number of buildable lots to 136; this entitlement is still valid. Comprehensive Plan FLUM Designation: MDR Summary of Request: The applicant requests a modification to the existing DA to increase the number of SFR buildable lots from 136 to 200 & the qualified open space from 8.85 to 8.97 acres; the number of multi-family buildable lots and apartments are proposed to stay the same at 2 and 224 units respectively. Other minor modifications to the DA are noted in the Section VIII.A of the staff report. The previous gross density of the SFR portion was 3.23 units per acre compared to 4.9 units per acre currently proposed; the density of the MFR portion is the same at 14.18 units per acre. The proposed increase in density is still consistent with that desired in the MDR FLUM designation. The previous development plan included a 1,720 linear foot segment of the City’s 10’ wide multi-use pathway in a linear open space area bisecting the site where the NW William’s Pipeline is located, a children’s play structure and yard shuffleboard as amenities. The proposed plan still includes a multi-use pathway and children’s play structure but the yard shuffleboard has been removed and a community swimming pool is proposed as an upgraded amenity. The access and interconnectivity proposed to adjacent parcels with the proposed plan is substantially the same as the previous plan. The proposed plat consists of 200 SFR buildable lots, 2 MFR buildable lots, 14 common lots, 3 common driveway lots, 1 park lot that may be a portion of a future City neighborhood park & 1 City well lot on 52.46 acres of land in the R-8 (MDR) and R-40 (HDR) zoning districts. Proposed SFR lots range in size from 4,200 to 9,600 square feet (s.f.) with an average lot size of 4,692 s.f. and a gross density of 4.89 units/acre. The project is proposed to develop in 4 phases with the MFR developing last. Access is proposed via the extension of W. Harris St., collector, from S. Meridian Rd./SH-69; a collector street is also planned along the west boundary of the site in accord w/the MSM. Public streets are proposed for internal access within the SFR development with stub streets at the project’s south & east boundaries for future extension; 2 driveway connections are proposed between the SFR & MFR portions of the development for interconnectivity. A driveway is required at the east boundary of the MFR development to the future development (Stapleton) to the east for emergency access. A total of 8.97 acres (or 17.10%) of qualified open space is proposed in excess of UDC standards, including a 1.69 acre common area on the north side of Harris St. that may be included with common area in adjacent developments (Biltmore Estates & Brundage Estates) and consolidated for a City neighborhood park. Site amenities are proposed as previously mentioned that exceed the minimum standards. The Sundell and the Tumbler Laterals which cross this site are proposed to be piped with development. The Williams Northwest gas pipeline bisects this site and lies within a 75’ wide easement. All development within the easement is required to adhere to the most current standards in the Williams Gas Pipeline Developer’s Handbook. The applicant has provided the City with a lease on a parcel of land within Lot 1, Block 9 for a future city well. The well lot shall be created and deeded to the city at the time of final platting. Conceptual building elevations were submitted demonstrating the quality of homes and architecture proposed. Because facades of homes adjacent to collector streets will be highly visible, elevations are required to incorporate articulation to break up monotonous wall planes & rooflines visible from the public ROW. Commission Recommendation: Approval Summary of Commission Public Hearing: v. In favor: Becky McKay, Applicant’s Representative; Cody Stoeger, L2 Construction vi. In opposition: Jennifer Pedrali vii. Commenting: Monica Bronson viii. Written testimony: Becky McKay, Applicant’s Representative Key issue(s) of public testimony: i. Applicant requested a change to condition #A.10 in Section IX to allow the well lot to be dedicated to the City after recording of the final plat instead of at the time of final platting; ii. Not in favor of the proposed increase in density due to there already being a lot of traffic in the area and school overcrowding and belief that impact fees ar too low to support all the development in Meridian; iii. Ms. Laidlaw requests Developer install a 6’ tall fence on top of a berm across the entire southern end of the development adjoining her property to ensure crops on her property won’t be ruined due to trespassing and that an underground pipe is installed to accommodate drainage from her property to replace the existing ditch that runs across this site that serves that purpose (Applicant agreed to install fencing as requested and has piped the Sundall Lateral on her property with a 36” pipe all the way up to the north); iv. Concern pertaining to safety of the W. Harris St. access to Meridian Rd. and more traffic generated from the proposed development – feels traffic light should be installed soon. Key Issue(s) of Discussion by Commission: i. Concern pertaining to the Fire Dept. emergency response time to the site in the event of an emergency (can’t meet response time goals); ii. Applicant’s request to change the timing for dedication of the well lot to the city; iii. Preference for the greenbelt pathway to be constructed prior to the apartments and last phase of development as currently proposed; iv. Concern pertaining to one main access to the site via W. Harris St. from S. Meridian Rd./SH-69, timing of improvements to W. Harris St. with the development of Stapleton Subdivision to the east, and safety concerns and timing for installation of a traffic signal at the Harris/SH-69 intersection; and, v. Impact of the proposed development on area schools and the absence of comments from WASD. Commission Change(s) to Staff Recommendation: i. Modify condition #A.10 in Section IX to allow the well lot to be dedicated to the City after recording of the final plat instead of at the time of final platting; ii. Include a condition for the multi-use pathway and associated linear open space to be constructed at the end of phase 2 rather than with the last phase of development (see DA provision #5.1m. in Section VIII). Outstanding Issue(s) for City Council: i. The Commission recommended the multi-use pathway and associated linear open space where the Northwest Gas Pipeline is located be constructed at the end of Phase 2 – this is problematic because the boundary of Phase 2 doesn’t touch any portion of the pathway, therefore, the lot can’t be included in Phase 2. The Applicant will also speak to the timing for construction of the pathway in her presentation – they’d like it to remain in Phase 4 as originally proposed. Written Testimony since Commission Hearing: Jennifer Maurer, Kryssa Grough, Pat McLaughlin, Phil Dugan, Tony Larson (all in support of project). Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0129, as presented in the staff report for the hearing date of March 17, 2020: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0129, as presented during the hearing on March 17, 2020, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0129 to the hearing date of __________ for the following reason(s): (You should state specific reason(s) for continuance.) / 1 Items # 6A: Everest Surgical Institute Request to vacate ie note Zoning1/ — . — • W — . — • — • — • W o • W • �Uuu. - o '. 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MISSIONSram y r .+Y J r� Revised WAS® Enrollment Numbers: Enrollment Capacity Miie5 Dev,to Schaal Try McPherson Elementary" 551 540 1.5 Victory Middle School 971 1000 1.7 Meridian High School 1994 2400 4.5 "During the 20/21 school year Mary McPherson's student capacity will increase to 600, due to the current classroom expansion underway. *�` Future School j7p If .�■m .� ,!■m NEI, 2015 Preliminary Plat 2018 Preliminary Pla 1- - RUTIMPVTO ± Rs � Rd i P11drGF3 FlIfYlO.E E�FFIES sLIL'M9u4 k I .9¢I N6 ,am=■mu COM J�16G� IFA NFL A® ] I a.ta_-___.-.. �I +ram 1 } j -- RUT � r � RUT I "3 i. � 1. �'�'J:\ y ,..„ �. +��' _ _ 1#• � N YWv= _ - i �' 4 �ti.k - ;�}•'f` rMAO P ' N t INE'W3 EMT 11L•ME EMM m YHQ-E MY E.T a N_ , - =-4 TU-E rHl l f W.T *�� `E IJ e0.i+n 1 t l D M g LEE M V M 15- PITIfE LOCIIg41L IH IA71U1�I IS 4LI.IS.'41 - � _ • VAA , .' I 111 �''' _ .. 4 I - r } ��+ , ..• * �� R-40 ;may I �' aEY l '71 ` <.,�.`w��... '4'Si I� i 5 � I yl •Y 1 erp meu II `I 1 wF F. RUTII _4 2 72 °y. 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(, 9 ` v� L a ! - Brundage Estates - ...._-...-.-` >>: _ w � : .ti:V•• .`•� . •F•' -�•;';• •�`' •�S,- � �. iDAK Y If4Y a � •fit rrr `ram � � 336 units ---- PP a roved no FP ==`<i: - ` r .-. r - I G re crTs�a it ter+ �•r,.srs•*� ;� _ I '� W IARRIS E ........r - s: Stapleton -; a R-1 Graycliff Estates 212 units x. 200 units (PP approved, 1St phase FP approved, not yet recorded) .'t._i. I... :�_.:--'-i--------- _ I• l` Con •�a •E• - Rl - -- Q C]6 R-4 {r 1 CAE I�iAIv ITEM SHEET IDAHO Council Agenda Item - 6.A. Presenter: Estimated Time for Presentation: 0 Title of Item - Public Hearing for Everest Surgical Institute (H-2020-0013) by Jeremy Telford, Arete Investments Group, LLC, Located Approximately '/2 Mile South of E. Franklin Rd. on the West Side of S. Eagle Rd. Click Here for Application Materials Click Here to Sign Up to Testify at Hearing Council Notes: ATT ;Report ENTS: 7 Staff Staff Report 3/9/2020 REVIEWERS: Department Reviewer Action Clerk. Weatherly,Adrienne Approved 3/9/2020 -9:10 AM Meridian City Council Meeting Agenda March 17,2020— Page 133 of 191 3/17/2020 City of Meridian-Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 3/17/2020 Hearing Type: Council Item Number: 6-A Project Name: Everest Surgical Institute Project No.: H-2020-0013 Active: There are no signatures posted for this meeting type yet. Go Back To List Export To Excel ©2020 - City of Meridian, Idaho internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=442 1/1 STAFF REPORT C:�*%_ W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 3/17/2020 Legend DATE: 1-L Project Location TO: Mayor&City Council RUT CLJ�L J L=0 Gam] FROM: Joseph Dodson,Associate Planner C"C' R2 208-884-5533 Rl�� C-G Bruce Freckleton,Development Services Manager 208-887-2211 L-O �R=_4 SUBJECT: H-2020-0013 RUT L-O Everest Surgical Institute-VAC LOCATION: 2960. E. St. Lukes Street Rl C-G I. PROJECT DESCRIPTION Request to vacate plat note number 7 on Mystery View Subdivision(PFP-01-005)plat map restricting Lot 2, Block 1 to single-story buildings only,by Jeremy Telford,Arete Investments Group,LLC. II. SUMMARY OF REPORT A. Applicant/Owner: Jeremy Telford—2048 W.Astonte St., Meridian, ID 83646 B. Representative: Jeremy Telford,Arete Investments Group,LLC—2048 W.Astonte St.,Meridian,ID 83646 III. STAFF ANALYSIS The plat note that is proposed to be vacated consists of a requirement to restrict future buildings on this particular lot to single-story only(see Section V.A). The plat note, and subsequent building story restriction, was added to the plat approval in 2002 (Mystery View Subdivision)to help satisfy neighboring residential property owners and their concerns of large scale commercial buildings being placed near their property lines. However, the single-story restriction is not effective in reality as the L-O(Limited Office)zoning district allows building heights up to 35 feet and a minimum buffer of 20 feet; the plat note does not limit the overall height, only the number of stories. The applicant is proposing to build a 15,800 square foot Ambulatory Surgical Center on this property under the maximum height of 35 feet. If the plat note is to remain,the applicant states they would place their building approximately 56 feet from the residential properties to the north due to the single story Page I Meridian City Council Meeting Agenda March 17,2020— Page 134 of 191 restriction and to meet the parking requirements in the L-O zoning district. If the plat note is vacated as proposed, the applicant states the same square feet of building can be accommodated in a much smaller footprint and be placed approximately 65 feet further away from the residences. This would then locate the building approximately 120 feet from the residential properties and allow 26 more parking spaces(see Section V.B). In addition, the applicant has discussed the proposed plan with each of the residential neighbors that abut this property on its northern boundary. All of the neighbors agree that they will be satisfied with the building placed further away from their property as a two-story building, rather than a one-story building that is closer to them.The applicant has obtained signed non-opposition statements from these neighbors and has also made an agreement with those neighbors to maintain a minimum 80 foot setback for any proposed structures on this site. These statements can be found in the public record and the overall list is attached to this staff report for your convenience(see Section VILD). Staff notes, with the plat note in place or with it vacated, there is currently no guarantee this building will be built as proposed (however, the applicant has already applied for CZC/DES showing the building as a two-story structure and approximately 120 feet from the residential properties to show their intent on building what is being proposed in this application). Staff also notes that regardless of who the applicant and/or developer is for this subject property,and with the single-story restrictive plat note in place, a 35 foot tall building could currently be built right at the 20 foot buffer line and meet all UDC requirements. This applicant states they do not want to do this and wants to be a good neighbor but understands they can be an even better neighbor if the single-story restrictive plat note is vacated. Vacation of the plat note in question will allow the opportunity to build a structure with a smaller overall footprint for the site,therefore enabling the Applicant to construct the 15,800 square foot surgical center with 26 more parking spaces and meet the original intent of the plat note—to not have large scale commercial buildings near the residences. IV. DECISION A. Staff: Staff recommends approval of the request to vacate plat note number 7 on the existing plat, as proposed by the Applicant. Page 2 — Meridian City Council Meeting Agenda March 17,2020— Page 135 of 191 V. EXHIBITS A. Recorded Plat �t SY PG. 92,01 PLAT SHOWING ° .s e MYSTERY VIEW SUBDIVISION , 16 _ �2 SrMATED IN L075 2 AND 9 07 RUWK 1 OF AYOtHED IGGIC VIEW SVJRD 1 1011 AS RECCRDED IN ROOK 52 AT PAGE""-IDCATED IN A PORnON OP THE EWMD+/x-I®IH IMS d1P - `- SEI/A OF THE NEx/L OF SECTION 17 Mall yam-"CD•n sense,<z1. 1e, TO SHIP N8r59'<2"E 43a.51' 3 NORTH US?,1 SI,HOISE EfERf D14Y .... 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CC W x i ,: ~� 3r. ~roa�tiyn�cm,nn N e.n Rwr xmn cam<y wa x mp�ua,+.ny raqumnna n xrat et Rr<I„x BLOCK f $ ,i�I C a n ee.d R u/a•o-M ne¢x.roa<•m e<xe cee.�t-em m R n m,mm.0 rove w Uj 61— _ r a 1n.Zr MebGl•"nmm+Rurro.Wer Mevew�. R ,OSV'<ISI ,EiGTrn.Spay l I 7 trN a www dbr eWCne^b+•M 4Rf1 m td z.eve+- 4. IDu<L•a•CE ErSEL[QR EdG�6 I � � j E acata<m o P.rt-on m�iwm/�manl•2,p�ec Wei.<eEemer.ew,eryM LW,.2 xW;aW+ +T� �/ ed1MUY4+T?b.(D,0 I I m I •, /-' �503;"eo"" I� I REFERENCE��ATA: sl2s• _�_ g1i . it . �� '`~-NH3•11'IS�yy x� .._ LOT SUMMARY - - MAGIC ws.zs• -- _ -- El.! I <me ro•�L�e neLe is .-�,.-.G' <crE.cc- -� '" PINNACLE DRIVE 11.u• cexrf T.wA F •weo R� - - a. �t-_-. _ NaA%E ILRDiX M§ AA T oAno cwro Hx Engineers, Inc. xl.sa xe.sx s�reo�u I Page 3 — Meridian City Council Meeting Agenda March 17,2020— Page 136 of 191 B. Aerial depicting building footprint of one-story versus two-story building. Single-Story Layout Two-Story Layout for 15,800 sqft for 15,800 sgft p Page 4 Meridian City Council Meeting Agenda March 17,2020— Page 137 of 191 C. Proposed Elevations (dated • 1 1 Uf Page 5 ' ft r I' Meridian . .. 138 . D. Statement of Non-Opposition from abutting residential property owners. STATEMENT OF NON-OPPOSITION to alter Plat Note 7 of the Mystery View Subdivision We ACKNOWLEDGE that Jeremy Telford of Arete Investments Group,LLC(the owner of Lot 2,Block 1 of the Mystery View Plat Map)has personally reached out to us to inform us of his intent to Vacate Plat Note 7 on the Mystery View Subdivision Final Plat(Book 84 Pg.9301). We DO NOT OPPOSE Arete Investments Group,DELETING Plat Note 7,which reads: "Only a single story building maybe built on Lot 2,Block 1" and REPLACING it with: "if a two-story building_is constructed on lot 2 Block 1,the North setback of the Building shall be a minimum of 80 feet from the Northerly property line" This statement of non-opposition DOES NOT WAIVE my rights to be informed of,appear at nor speak during the City Council Meeting in which this will vacation of plat note would be discussed. It also DOES NOT CHANGE any other elements of the plat map restrictions and I will STILL BE INFORMED of ail neighborhood meetings and official hearings regarding such. ROCKROHR MARY V EDSON DENNIS&SYLVIA FAMILY TRUST, FRISK TERRY L,FRISK BARBARA J 2715 E AUTUMN WAY EDSON DENNIS RTRUSTEE 2928 F AUTUMN WAY MERIDIAN,ID 83642-6235 376 S RAVENSWOOD DR MERIDIAN,ID 83642- 37 MERIDIAN,ID 83642-0000 Signed: Signed: Signed: ,- .-- Name: Name: Name: 1--p-1'jL Phone: Phone: Phone: 0_�—tir ii 4 MAZZI DONALD P TRUST4-27-2017, UPCHURCH GRANT,UPCHURCH ANN FRETER DARRELL K, MAZZI DONALD P TRUSTEE 3019 E AUTUMN WAY FRETER CATHLEEN ANNE 2976 E AUTUMN WAY MERIDIAN,ID 83642-5753 2975 E AUTUMN WAY MERIDIAN,ID 83642-0000 MERIDIAN,ID 83642-0000 Signed: %194, i?77me—lf&.® Signed: Signed: Name: Name: Name: Phone: Phone: Phone: REL FAMILY PARTNERSHIP LP SWAN KALEN L.SWAN JOHANNA NIELSEN WADE C 9987 TORREON AVE 2927 E AUTUMN WAY NIELSEN SHANNON C SAN RAMON,CA 94583-0000 MERIDIAN,ID 83642-0000 81 E AUTUMN WAY ME DIAN,IDS 42- Signed: �g �h�U- E Signed: Signed; d �6 u Name: Name: Name: Phone: Phone: a46"I-W77 Phone: 003 V,66 `332,-S del' Page 6 Meridian City Council Meeting Agenda March 17,2020— Page 139 of 191 EISFELDER JONATHAN D, BEUMELFRJODY M, HOWELL RICHARD D&,HOWELL JUNE EISFELDER BARBARA A BEUMELER DARREN E 2750 MAGIC VIEW DR 2875 E AUTUMN WAY 2869 FAUTUMN WAY MERIDIAN,ID 83642-6244 MERIDIAN,ID 83642-0000 MERI 36 2-0000 Signed: �, _ �� Signed: /' Signed: 52-F- M7_P� Name: Name: %2-/ b'iY1 C Yy Name: Phone: Phone: 200 '�ql-,;—'qA VS Phone: TREASURE VALLEY PROFESSIONAL PRING CORPORATION GIRDNER PROPERTIES LP CENTER LLC 15404 E SPRINGFIELD AVE STE 220 PO BOX 190749 250 S 5TH ST #200 SPOKANE VALLEY,WA 99037-0000 BOISE,ID 83719-0000 BOISE,ID 83702-0000 Signed: Signed: Signed: Name: Name: Name: Phone: Phone: Phone: IUI PROPERTIES LLC WDM TRUST MARITAL TRUST, HOWE FAMILY LP 2855 E MAGIC VIEW DR MOORE JEFF W TRUSTEE 877 W MAIN ST 603 MERIDIAN,ID 83642-0000 PO BOX 8204 BOISE,ID 83702-0000 BOISE,ID 83707-0000 Signed: Signed: Signed: Name: Name: Name: Phone: Phone: Phone: APEX LAND HOLDINGS LLC GLACIER BANK 6303 BECKWITH RD PO BOX 1059 MODESTO,CA 95358-0000 COEUR D`ALENE,ID 83816-0000 Signed: Signed: Signed: Name: Name: Name: Phone_ Phone: Phone: Signed: Signed: Signed: Name: Name: Name: Phone: Phone: Phone: Page 7 Meridian City Council Meeting Agenda March 17,2020— Page 140 of 191 CAE I�iAIv ITEM SHEET IDAHO Council Agenda Item - 6.13. Presenter: Estimated Time for Presentation: 0 Title of Item - Public Hearing Continued from March 10, 2020 for Graycliff Estates Subdivision (H-2019-0129) by Star Development, Inc., Generally Located South of W. Harris St. and West of S. Meridian Rd. Click Here for Application Materials Click Here to Sign Up to Testify at Hearing Council Notes: ATTACHMENTS: es Planning and Zoning Minutes Minutes 2/24/2020 PZ Recommendations and Staff Report Staff Report 3/13/2020 REVIEWERS: Department Reviewer Action Clerk. Weatherly,Adrienne Approved 3/13/2020 - 9:44 AM Meridian City Council Meeting Agenda March 17,2020— Page 141 of 191 3/17/2020 City of Meridian-Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 3/17/2020 Hearing Type: Council Item Number: 6-13 Project Name: Graycliff Estates Subdivision Project No.: H-2019-0129 Active: There are no signatures posted for this meeting type yet. Go Back To List Export To Excel ©2020 - City of Meridian, Idaho internalapps/SIGNINFORMTOOLS/SignlnFormDetails?id=443 1/1 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING March 17,2020 Legend DATE: Continued from: 311012020 ( j t Lc=-fiorti TO: Mayor&City Council I EIIAI Al --- + FROM: Sonya Allen,Associate Planner 208-884-5533 - Bruce Freckleton,Development Services Manager 208-887-2211 SUBJECT: H-2019-0129 Graycliff Estates LOCATION: Southwest of W. Harris St. and S. r Meridian Rd. (Parcel#51225418957; SE -----, x - ----- ----- %4 of Section 25,T.3N.,R.1W.) I. PROJECT DESCRIPTION Modification to the Development Agreement to update the development plan for the site consistent with the proposed preliminary plat and conceptual building elevations; and, Preliminary plat consisting of 202 building lots, 15 common lots and 4 other lots on 52.46 acres of land in the R-8 and R-40 zoning districts II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 52.46 Existing/Proposed Zoning R-8 and R-40(existing) Future Land Use Designation Medium Density Residential(MDR)&High Density Residential(HDR) Existing Land Use(s) Agricultural Proposed Land Use(s) Single-family(SFR)&multi-family residential(MFR) Lots(#and type;bldg./common) 202 SFR buildable lots,2 MFR buildable lots, 15 common lots and 4 other(3 common driveway and 1 well)lots Phasing Plan(#of phases) Yes—3 phases(SFR portion) Number of Residential Units(type 200 detached SFR homes;224 MFR apartments of units) Density(gross&net) 4.9(SFR)and 14.18(MFR) 1 Open Space(acres,total 8.97 acres(or 17.1%) [%]/buffer/qualified) Page 1 Meridian City Council Meeting Agenda March 17,2020— Page 165 of 191 Description Details I Page Amenities Multi-use pathway,swimming pool,children's play structure Public Amenities:possible neighborhood park and well lot Physical Features(waterways, The Sundall Lateral bisects site and the Tumbler/Carlson hazards,flood plain,hillside) Lateral runs along east boundary Neighborhood meeting date;#of 10/23/19; 8 attendees attendees: History(previous approvals) CPA-08-009(Res. 08-622);A7--15-012(Ord. 15-1666;DA #2015-112095);PP-15-012(120 building lots);H-2018- 0054[PP(136 building lots),MDA#2018-086664] B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Not yet • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State W.Harris St.,collector street Hwy/Local)(Existing and Proposed) Traffic Level of Service Stub Street/Interconnectivity/Cross Stub streets are proposed to the east and south Access Existing Road Network Existing Arterial Sidewalks/ Buffers Proposed Road Improvements Fire Service • Distance to Fire Station 2.1 miles • Fire Response Time 65:00 minutes(under ideal conditions from nearest station 25 -Fire Station#6—CAN'T CAN MEET RESPONSE TIME GOALS • Resource Reliability Current reliability is unknown at this time.The current closest fire station is Station#4 which is 10 minutes away &the reliability is 78%-CAN'T MEET TARGET GOAL of 80%or greater • Risk Identification 1 —current resources would be adequate to supply service • Accessibility Project doesn't meet all required access,road widths and turnarounds;there is only one way in and one way out— therefore,they're limited to 30 building lots until an approved secondary access is constructed. • Special/resource needs Project will not require an aerial device;can meet this need in the required timeframe if a truck company is required. • Water Supply ' Requires 1,000 gallons per minute for one hour,may be less if buildings are sprinklered. • Other Resources Police Service No comments submitted West Ada School District Distance(elem,ms,hs) Updated calculations per letter from WASD dated 3/11/20: 26 Capacity of Schools #of Students Enrolled Page 2 Meridian City Council Meeting Agenda March 17,2020— Page 166 of 191 Description Details Page Enrollment Ca aci Miles fty. Mary McPherson Elementary" 551 500 1.5 Victory Middle School 971 1000 1.7 Meridian High School 1994 2400 4,5 Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed South Black Cat Trunk Shed • Estimated Project Sewer 202 SFR building; 15 common;and 4 other lots ERU's • WRRF Declining Balance 13.81 • Project Consistent with WW Applicant is requesting to increase the number of SF units Master Plan/Facility Plan from 136 to 202.This has been modeled,is acceptable,and has been allocated. Water • Distance to Water Services Directly adjacent • Pressure Zone 5 • Estimated Project Water 202 SFR building; 15 common;and 4 other lots ERU's • Water Quality None • Project Consistent with Water Yes Master Plan • Impacts/Concerns There are concerns that the development only has one connection to the city water system.This concern will eventually be eliminated by the development to the east and south connecting to Meridian and Amity,creating a dual connection.The water mainlines in Harris Street, South Graycliff Way, South Colditz Way and West Wilton Woods Street must be 12" in order to eliminate the proposed main line in South Oakbriar Way.Also,applicant to provide a water mainline easement to the parcel to the northeast across Williams Pipeline to the future multi- family lots. Page 3 Meridian City Council Meeting Agenda March 17,2020— Page 167 of 191 C. Project Area Maps Future Land Use Map Aerial Map r . Legend 0 ffLegend w. � Proiact Lao1361r — I JIProjeot Lao o= r •` en Residenfied _ High DZM Resid — sigh lity, .. Medium iDen7s Resldelnfiat#1 , Zoning Map Planned Development Map ffLegend � fLegend IPrayed Laoa-nan R.8 I IetProject Laoa-ion City Lines R-4 R — Plonned Parca's �R-8 - R-18 +� --- rRURUT ' R-4 I-L i R III. APPLICANT INFORMATION A. Applicant: Star Development, Inc. —PO Box 518,Meridian, ID 83680 B. Owner: Same as Applicant Page 4 Meridian City Council Meeting Agenda March 17,2020- Page 168 of 191 C. Representative: Becky McKay,Engineering Solutions,LLP— 1029 N.Rosario St., Ste. 100,Meridian, ID 83642 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 1/17/2020 2/21/2020 newspaper Notification mailed to property owners within 300 feet 1/14/2020 2/19/2020 Applicant posted public hearing 1/27/2020 2/28/2020 notice on site Nextdoor posting 1/14/2020 2/19/2020 V. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) (Note: This project was submitted prior to the new Comprehensive Plan being adopted; therefore, this project will be reviewed under the previous Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates approximately 30 acres of this site as Medium Density Residential(MDR) and approximately 22.5 acres as High Density Residential(HDR). The purpose of the MDR designation is to allow small lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The purpose of the HDR designation is to allow for the development of multi-family homes in areas where urban services are provided. Residential gross densities should exceed 15 dwelling units per acre. Development might include duplexes, apartment buildings,townhouses and other multi-unit structures. A desirable project would consider the placement of parking areas, fences,berms, and other landscaping features to serve as buffers between neighboring uses. Development need to incorporate high quality architectural design and materials and thoughtful site design that incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. The following Comprehensive Plan Policies are applicable to this development: • "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01E) A mix of medium density single-family detached dwellings and high density multi family apartment dwellings are proposed which will contribute to the variety of housing types and lot sizes available in the southern part of the City; staff is unaware how "affordable" the units will be. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. Page 5 Meridian City Council Meeting Agenda March 17,2020— Page 169 of 191 • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) There are no existing residential properties in close proximity to this site. • "Require common area in all subdivisions."(3.07.02F) The proposed plat depicts a total of 8.97 acres (or 17.1%) of qualified open space in accord with the requirements listed in UDCII-3G-3. • "Develop pathways to connect Meridian with Boise,Nampa,Kuna,and Eagle."(6.01.02C) A segment of the City's multi-use pathway system is designated on the Master Pathways Plan on this site along the Williams Northwest pipeline which will connect to the future pathway in Biltmore Estates Subdivision to the north and eventually be extended to the southeast and connect to pathways in other jurisdictions. • "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts an extension of W. Harris Street, a collector street,from the northeast to the west boundary of the site and a north/south collector street along the northern portion of the west boundary of the site. Stub streets are proposed to the south, west and east for future extension and interconnectivity. The proposed development plan is consistent with the vision of the Comprehensive Plan in regard to land use, density,transportation and pedestrian connectivity for this area. VI. UNIFIED DEVELOPMENT CODE ANALYSIS(UDC) History:A preliminary plat was approved for this property in 2015 consisting of 120 buildable lots. A subsequent preliminary plat was approved in 2018 which decreased buildable lot sizes and increased the number of buildable lots by 16 to 136; this entitlement is still valid. A. Development Agreement(DA)Modification: The applicant requests a modification to the existing development agreement(Inst. #2015- 112095, amended Inst. #2018-086664)to increase the number of single-family residential buildable lots from 136 to 200 and the qualified open space from 8.85 to 8.97 acres; the number of multi-family buildable lots and apartments are proposed to stay the same at 2 and 224 units respectively. The previous gross density of the single-family residential portion was 3.23 units per acre compared to 4.9 units per acre currently proposed; the density of the multi-family portion is the same at 14.18 units per acre. The proposed increase in density is still consistent with that desired in the MDR FLUM designation. The previous development plan included a 1,720 linear foot segment of the City's 10-foot wide multi-use pathway in a linear open space area bisecting the site where the William's Pipeline is located, a children's play structure and yard shuffleboard as amenities. The proposed plan still includes a multi-use pathway and children's play structure but the yard shuffleboard has been removed and a community swimming pool is proposed as an upgraded amenity. The access and interconnectivity proposed to adjacent parcels with the proposed plan is substantially the same as the previous plan. Page 6 Meridian City Council Meeting Agenda March 17,2020— Page 170 of 191 The current provisions of the DA are included in Section VIII.A.I along with the Applicant's proposed changes in strike-out/underline format. Proposed changes consist of updating the lot counts and open space area and updating Lot and Block numbers consistent with the proposed plat. Staff also recommends a couple of other minor modifications as noted. The existing plat in Section VIII.A.1 should be updated with the proposed plat in Section VIII.A.2 if the MDA is approved by City Council. When approved,the amended DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the modification. B. Preliminary Plat: The proposed plat consists of 200 single-family residential buildable lots,2 multi-family buildable lots, 14 common lots, 3 common driveway lots, 1 park lot that may be a portion of a future City neighborhood park and 1 City well lot on 52.46 acres of land in the R-8 (medium density residential) and R-40 (high density residential)zoning districts.Proposed single-family residential lots range in size from 4,200 to 9,600 square feet(s.£)with an average lot size of 4,692 s.£ and a gross density of 4.89 units/acre. The single-family portion of the plat is proposed to develop in 3 phases as shown on the phasing plan on Sheet PP-1 of the plat; the multi-family portion and linear open space where the pipeline easement is located should be depicted as the fourth phase. Staff recommends the boundary of Phase 1 is modified to include the street buffer and sidewalk along W.Harris St. on Lot 29,Block 3. Existing Structures/Site Improvements: There are no existing structures or site improvements on this property. Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district; and multi-family developments are listed as a conditional use in the R-40 zoning district per UDC Table 11-2A-2: Allowed Uses, subject to the specific use standards listed in UDC 11-4-3-27. Specific Use Standards(UDC 11-4-3): Single-family residential:None Multi-family residential: The proposed multi-family development is required to comply with the specific use standards listed in UDC (11-4-3-27). The project will be reviewed for consistency with these standards upon submittal of a detailed development plan with a future conditional use permit application. Dimensional Standards (UDC 11-2): R-8 district: (UDC Table 11-2A-6);R-40 district: (UDC Table 11-2A-8) The property sizes and street frontages of the proposed single-family lots and width of street buffers comply with the aforementioned minimum dimensional standards; future development should comply with the minimum building setbacks and maximum building height standards of the applicable district. Subdivision Design and Improvement Standards(UDC 11-6C-3) Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets, common driveways, driveways, and block face. There are three common driveways proposed; such driveways should be constructed in accord with the standards listed in UDC 11-6C-3D.An exhibit should be submitted with the final plat Page 7 Meridian City Council Meeting Agenda March 17,2020— Page 171 of 191 application that depicts the setbacks,fencing,building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway should be depicted on the opposite side of the shared property line from the common driveway. Access(UDC 11-3A-3,11-3H-�: Access is proposed via the extension of W. Harris Street, a collector street, at the northeast corner of the site,which is proposed to stub to the project's west boundary. A collector street is also planned along the northern half of the project's west boundary consistent with the Master Street Map;this street is proposed as an ACHD right-of-way easement with this plat since it is part of the approved preliminary plat for Brundage Estates. The northern portion of the collector street is required to be constructed prior to platting the 101"lot as ACHD Policy Manual only allows 100 homes on one point ofpublic street access. Public stub streets are proposed at the south and east boundaries of the site for future extension and neighborhood interconnectivity. Two(2) driveway connections are proposed between the single-family and multi-family portions of the development for interconnectivity. A driveway should be provided at the east boundary of the multi-family development in alignment with that proposed in the adjacent development to the east(i.e. Stapleton Subdivision) for emergency access; a cross-access easement should be granted to that property and a recorded copy submitted to the City prior to signature on the final plat that contains Lot 28, Block 3. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit.Future development should comply with these standards. Pathways(UDC 11-3A-8): A 10' wide multi-use pathway is proposed within the Williams Northwest Pipeline easement on Lot 27C,Block 3 consistent with the Pathways Master Plan between the single-family and multi- family developments. Construction of the pathway should comply with the standards listed in UDC 11-3A-8. Staff recommends a pedestrian connection is provided to the multi-use pathway within the pipeline easement through the middle of Blocks 2 and 3 in general alignment with S.Redwater Ave. A 14-foot wide recreational pathway easement is required to be provided for the multi-use pathway within Lot 27C,Block 3 and Lot 2C,Block 9. The applicant shall coordinate with Kim Warren,Park's Department(208-888-3579), on the location of the easement.The easement shall be submitted to the Planning Division for approval by the City Council and subsequent recordation,prior to signature on the final plat by the City Engineer. Sidewalks(UDC 11-3A-1 : Detached sidewalks are proposed throughout the development in accord with the standards listed in UDC 11-3A-17. Parkways (UDC 11-3A-1 n: Eight-foot wide parkways are proposed adjacent to all local and collector streets in accord with the standards listed in UDC 11-3A-17. Landscaping(UDC 11-3B): A 20-foot wide street buffer is required adjacent to all collector streets, landscaped per the standards listed in UDC 11-3B17C; the street buffer in the R-40 district on the multi-family Page 8 Meridian City Council Meeting Agenda March 17,2020— Page 172 of 191 portion of the development is required to be placed in a common lot as set forth in UDC 11- 3B-7C.2a and landscaped in accord with the aforementioned standards. Parkways are required to be constructed in accord with the standards listed in UDC 11-3A-17E and landscaped in accord with the standards listed in UDC 11-3B-7C. The total lineal feet of parkways and required vs.proposed trees should be included in the Landscape Calculations table on the landscape plan. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B- 12C. Because trees are prohibited within the Williams Northwest Pipeline easement on Lot 27C, Block 3 and Lot 2C,Block 9,the Applicant applied for and received approval of Alternative Compliance to these standards with H-2018-0054. This approval does not expire. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. Because trees are prohibited within the Williams Northwest Pipeline easement on Lot 27C,Block 3 and Lot 2C,Block 9,the Applicant applied for and received approval of Alternative Compliance to these standards with H-2018-0054. This approval does not expire. Qualified Open Space(UDC 11-3G1: A minimum of 10% qualified open space meeting the standards listed in UDC 11-3G-3B is required. The Applicant proposes 17.10% (or 8.97 acres) of qualified open space consisting of the following: a 75' x 1,720' linear open space where the William's Pipeline is located, collector street buffers,parkways along internal local streets,internal common areas over 50' x 100' in area and a 1.69 acre common area on the north side of W. Harris St.planned for a possible future City neighborhood park(see open space exhibit in Section VIII.D). The proposed qualified open space meets and exceeds the minimum UDC standards. The common area(Lot 2,Block 10)that may be a future City park is intended to be included with common area in adjacent developments (i.e. Biltmore Estates and Brundage Estates) and consolidated for a City neighborhood park; this area is proposed to be graded and improved with sprinklers,trees and grass by the Developer. Qualified Site Amenities(UDC 11-3 Based on the area of the proposed plat(52.46 acres), a minimum of 2 qualified site amenities are required to be provided per the standards listed in UDC 11-3G-3C. The Applicant proposes a 1,720 ft. long segment of the City's multi-use pathway system, a children's play structure and swimming pool facility as amenities,which exceed the minimum UDC standards. A detail of the children's play structure should be submitted with the final plat application. Waterways(UDC 11-3A-6): The Sundell Lateral bisects this site. The Applicant's narrative states the Developer proposes to relocate and pipe the facility with 36 inch water class DR51/Class 80 pipe; construction plans have been approved by the Boise Project Board of Control and the Bureau of Reclamation. The Tumbler/Carlson Lateral runs along the east boundary of the site and is proposed to be piped in its historical alignment. Fencing(UDC 11-3A-6,11-3A-�• Fencing abutting pathways and common open lots not entirely visible from a public street is restricted as set forth in UDC 11-3A-7A.7; where open vision fencing is proposed,it must not restrict or impede vision or sight through the fence by more than 20% per UDC 11-1A-1. Six-foot tall vinyl lattice fence is proposed along the rear of building lots adjacent to the pipeline easement on Lot 27C,Block 3 and adjacent to common lots with micro-paths. Six-foot tall vinyl fence is proposed at the back edge of street buffers and adjacent to common areas visible from a public street. Page 9 Meridian City Council Meeting Agenda March 17,2020— Page 173 of 191 Utilities (UDC 11-3A-21): Central sewer is provided to the site by extension of an 8 inch main line from Biltmore Estates subdivision.Water service is available to the site with by extension of a 12 inch water main installed by the City in Harris Street and the connection to Well No. 32 as a secondary source. The project will be served by the pressure irrigation pump station constructed adjacent to the Tumbler Lateral,which also provides pressure irrigation water to Biltmore Estates. Well Lot: The applicant has provided the City with a lease on a parcel of land within Lot 1, Block 9 of the development for a future city well. The well lot shall be created and deeded to the city at the time of final platting. Williams Northwest Pipeline: A 75-foot easement for the Williams Northwest Pipeline Corporation bisects this site. All development within the easement must adhere to the most current standards in the Williams Gas Pipeline Developers' Handbook. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted, included in Section VIII.E,that depict 2-story homes in a variety of styles and materials with stone/brick veneer accents. Design review is not required for single-family detached homes. Because the rear and/or sides of homes abutting the collector streets (W.Harris St. and S. Oakbriar Way)on Lots 2-15,Block 1 and Lots 2-13,Block 5 will be highly visible,Staff recommends these elevations incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding, porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single- story structures are exempt from this requirement. VII. DECISION A. Staff: Staff recommends approval of the requested modification to the Development Agreement with the revisions noted in Section VIII.A; and approval of the preliminary plat with the conditions noted in Section IX.A per the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on February 6,2020.At the public hearing,the Commission moved to recommend approval of the subject PP request. 1. Summary of Commission public hearing_ a. In favor: Becky McKay,Applicant's Representative; Cody Stoeger,L2 Construction b. In opposition: Jennifer Pedrali C. Commenting: Monica Bronson d. Written testimony: Becky McKay,Applicant's Representative e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) testimony a. Applicant requested a change to condition#A.10 in Section IX to allow the well lot to be dedicated to the City after recording of the final plat instead of at the time of final platting; b. Not in favor of the proposed increase in density due to there already being a lot of traffic in the area and school overcrowding and belief that impact fees ar too low to support all the development in Meridian; C. Ms. Laidlaw requests Developer install a 6' tall fence on top of a berm across the entire southern end of the development adjoining her property to ensure crops on her property Page 10 Meridian City Council Meeting Agenda March 17,2020— Page 174 of 191 won't be ruined due to trespassing and that an undergroundpipe is installed to accommodate drainage from her property to replace the existing ditch that runs across this site that serves that purpose (4pplicant agreed to install fencing as requested and hashed the Sundall Lateral on her property with a 36"fie all the way up to the north d. Concern pertaining to safety of the W. Harris St. access to Meridian Rd. and more traffic generated from the proposed development—feels traffic light should be installed soon. 3. Key issue(s)of discussion by Commission: a. Concern pertaining to the Fire Dept. emergency response time to the site in the event of an emergency(can't meet response time goals b. Applicant's request to change the timing for dedication of the well lot to the cites c. Preference for the greenbelt pathway to be constructed prior to the apartments and last phase of development as currently proposed, d. Concern pertaining to one main access to the site via W. Harris St. from S. Meridian Rd./SH-69,timing of improvements to W. Harris St. with the development of Stapleton Subdivision to the east,and safety concerns and timing for installation of a traffic signal at the Harris/SH-69 intersection, and, e. Impact of the proposed development on area schools and the absence of comments from WASD. 4. Commission change(s)to Staff recommendation: a. Modify condition#A.10 in Section IX to allow the well lot to be dedicated to the City after recording of the final plat instead of at the time of final platting; b. Include a condition for the multi-use pathway and associated linear open space to be constructed at the end of phase 2 rather than with the last phase of development(see DA provision#5.1m. in Section VIII). 5. Outstanding issue(s) for City Council: a. The Commission recommended the multi-use pathway and associated linear open space where the Northwest Gas Pipeline is located be constructed at the end of Phase 2—this is problematic because the boundary of Phase 2 doesn't touch any_portion of the pathway,therefore,the lot can't be included in Phase 2. VIII. EXHIBITS A. Existing Development Agreement Provisions & Preliminary Plat(dated: 5/8/18) (Applicant's proposed changes shown in strike-out/underline format;staffs recommended changes shown in bold strike-out/underline format) Section 5: CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1.Owner/Developer shall develop the Property in accordance with the following special conditions: a. Direct lot access to W. Harris Street and the north/south street along the west boundary, both collector streets,is prohibited in accord with UDC 11-3A-3,except for Lot-229,Block 13 (the multi-family lot)which shall be allowed one access via W. Harris Street. b. Future development of this site shall be generally consistent with the preliminary plat, phasing plan and building elevations for the single-family homes depicted in the revisions noted in the staff report attached to the Findings of Fact and Conclusions of Law herein attached as Exhibit"A". c. A conditional use permit is required to be obtained for the multi-family development in the R-40 zoning district,per UDC Table 11-2A-2. Page 11 Meridian City Council Meeting Agenda March 17,2020— Page 175 of 191 d. A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the site design and structures proposed within the multi-family portion of the development; these applications can be submitted concurrently a ter conditional use permit approval is obtained. e. Design and building materials of the future multi-family structures shall be compatible with and include design elements consistent with that of the single-family dwellings and comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual (or any updated version(s) thereof) in effect at the time of application for Certificate of Zoning Compliance. f. The multi-family development should incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and incorporation of connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity as set forth in the Comprehensive Plan. g. The rear and/or sides of home elevations that face W. Harris Street and the future north/south collector street along the west boundary of the site shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the public street. Single-story structures are exempt from this requirement. h. A 10-foot wide multi-use pathway shall be constructed within the 75-foot wide Williams Pipeline easement (Lot-327C, Block 23 and Lot 2C, Block 9) that runs through this site as depicted on the landscape plan in accord with the Pathways Master Plan. i. The developer shall provide a minimum of 8-."8.97 acres (or 17.1%) of qualified open space within the development as shown on the preliminary plat in accord with the standards listed in UDC 11-3G-3B. j. All development within the 75-foot wide Williams pipeline easement shall adhere to the most current standards contained in the Williams Gas Pipeline Developers' Handbook. k. The 1.7-769 acres included in Lot 4-2C,Block 4-9 shall be dedicated to the City in the future for a City Park.This lot is proposed to be combined with additional land in Biltmore Estates Subdivision to the northwest and the future development to the west on the Centers' property to total a minimum of 7 acres. If City Council determines a public park is not preferred in this development,the 1.7-769 acres shall be private open space. 1. Signage is required to be installed on the multi-family portion of the site and information shall be included in the marketing material for the single-family development announcing the future development of apartments on the site. in. The multi-use pathway and associated linear open space in Lot 27C,Block 3 shall be constructed at the end of Phase 2. Page 12 Meridian City Council Meeting Agenda March 17,2020— Page 176 of 191 iR oom s __ iv®uvc oon amm � � {enx�v ws 'd �.� W - if ---- --p-- -� ----- pN PUT�A,, ., � V_• W Hobs IA _ - N-Mtn.° w"5 a p� ,• t,� w10���4%Aw ri�.��w�pR��Wi�e[+v;taw'7.w x�g i .5wi•. ' r ��i smwcionou��� ��0�� �i e.n amp of a mill RuT, - £� -� - _ - -- ��ri-` '-e - �eax:.. _ •;e::._ _ \ � ,rairx aesow� I sEemx(s��r,7 � ���s� =---- ----------------- RUT DPW NOTE: Existing plan above to be replaced with the new preliminary plat in Exhibit A.2 Page 13 Meridian City Council Meeting Agenda March 17,2020— Page 177 of 191 B. Preliminary Plat&Phasing Plan(date: 1/31/20) GBAYCLIFF ESTATES SUBDIVISION PRELIMINARYPV& ERIL]IIAN,IE)AHO-2020 w '- MINTY WIP _ _ a 4+ ; FRELI I PV.T N TES PRELI-ARY PLAT]ATP ggg 1... � r A ,P� • \l\ `� b LLu[ II .0 E.rr, y3 a �i uv~ �? LT JL ,as..cu a++K i fEg�j� L I El IT LL I ,_.. ;� r -' �!-vim• � 1 l E n ,A. � Z ��ff 't4]�_ _ � \ J 1, :0 ,. .. L[u„m,I _'u • F Y .5:.!:. 1;lS�..'_5r 4...-..a. ; 1� 3€ two P_ Y � a . �. x •e''^ s A I � 177 Y `y.,, •••••••••••-••-•� •••••••••-•-••�•_ �'} TTPICPL COLLECTOR STREET SECTIN C `^'T""'Ji .,dom._ ,.n_•m ;q,� ,�I-Li L�aL�EE15EL11Cr, Page 14 Meridian City Council Meeting Agenda March 17,2020— Page 178 of 191 C. Landscape Plan (date: 9/6/2019) LANDSCAPE r—A1-r=-AT10XS PLANT_PALETTE .X,mx A it 'N F=11 -4= T� f ELI �. � NOTES lk IPr=\/EL.0FMr=NT DATA G R A Y C L I F F ESTATES SUBDIVISION SEPTEMBER 6 2G19 JENSB MERIDIAN, IDAHO PRELIMINARY PLAT LANDSCAPE PLAN Page 15 — Meridian City Council Meeting Agenda March 17,2020— Page 179 of 191 LANDSCAPE CALCULATIONS PLANT FAI IITE _ g � I. _ m � i 2 � = x Y m. �.. h # w � pEvELOPMENT DATA 7�77- -� J....... _. _ ,. .............wo GRAYCLIFF ESTATES SUBDIVISION SEPTEM6ER 6.S419 E'EBELTS MERIDIAN, IDAHO PRELIMINARY PLAT LANDSCAPE PLAN 81LTh10RE EfiiAiE6 NO 2 c H 69T2956E 91]50` H•F li=i i F�1PMfNfIGH9HPH00H PA9K /� N5ti A 0IDW6. E ! ry a - F L) NOTES llJ ¢o w LL aLL Q LU 9 .ue+w y W 1 nm2 1 3 �- �'- t LANHSCAPE � 13 PLAN BLOCKfi tY 14 124 5 af' .....me.. m --- -- MAICMLNE L2 ® KEY MAP Ll Page 16 Meridian City Council Meeting Agenda March 17,2020— Page 180 of 191 PLAIIT pA�ETTE / / 40 / `•� l rye ' 9r 17 MATCHLINE L1 / =r:,' BL SCI(2 4b „i. fEJ$EELT! UZ7 �TCHLNE W_'1lTCNY199956T_ 3�R ST W YflLT♦ph {`f :: • 2s 9 ' C- 25 19 c 39u r r a �i rir a T4 \. 29 I1 ]1 9L N5 35 r L9CK LU a 27 x� W q 12 Ij ]9 9fi V s Y3 ¢ Z 13 1,Y! a H' LL 2 Mr. ., LL az s " :3 LU lfi _ t } 2 l 9 25 '40 NICK] f Q r•� t 9LOCK6 `� J 9 y W 19 L,,o 17 - xcrwr. 41 I d 9 12 C 15 16 1] g _ 13... - _vu_ �uiu • 9NKK541 r T ry ''� ' r I ` `,L3'' I LANDSCAPE L2 KEY MAP tI Y, V 6 Fll[C9E MIILThFAMIU N aW 9 P G@ZdNN6 W / F U /8 P 19 r W a g J �4 m f '• I5 to ��n � la a,., ,�,� � �� r ii t I wee srvow MAT'1.`NLINL L9 _ v LANDSCAPE_ r MATCHLINE LA — •.. —y-- — \1J ,. - _ 1I �:^ PLAN KEY MAP Page 17 Meridian City Council Meeting Agenda March 17,2020— Page 181 of 191 PLANT PALETTE r r r Ems. 1 _t_ }}}---MATCNLINE Lb _' " ELT3 15 \ � 1Fr8E �^ncH w3 4 5 6 ] 9 4 la r 1 6WCK] x cod ¢I� 9 ffi 2fi N x3 22 21 QO 19 18 11 i8 [ UJ U I � �OCKB r.rr. Q Q L r)UJ J 2 NOTES W J g <8 49 50 5i 5p 1 TMxX F 3 a 5 fi g g j U 4 � w C7 IL _ 0 L3 - LANDSCAPE PLAN L4 KEY MAP PLANT FAL�TTE H w r 1 NBE 7a xx i ii ii r r iu vv xw«im�n,� ® VINYL RI2IVACY FtNCk� w..e..w m — " �I IlII 11-HIIN6/STAKIIW LLJ a Q G LL NR.a RI ANTINs�SF 9f ANYI I„.r 1Tr RRlI—Y6tmr paw I -�hD5G.4PE 'ALGULATIONS a DEVELOPMENT DATA ...................a� PLAN L5 Page 18 Meridian City Council Meeting Agenda March 17,2020— Page 182 of 191 D. Qualified Open Space Exhibit(date: 10/4/2019) -NT I 160 75 0 160 m SCALE 13130 w_HARRIS ST. fr / t , 11 1 I 1 - TOTAL QUALIFIED OPEN SPACE 8.97 ACRES UUALIHEA 0KN SPACE AREA 7.20 ACRES QUALIFIED PARKWAY AREA 1.77 ACRES DRIVEWAY AREA(E)aUDEO FROM OUAtIFIED OPEN SPACE AREA) (11 89 AWS1 PERCENT PROPOSED QIJAURED OPEN SPACE: 17.10% 169E REQIJIREMNT: 5.25 ACRES MIE 1RUWure GRAYCLIFF ESTATES SUBDIVISION rNGNEERING ]�FIIE 1WGFIiRI.Oh LOCATED IN THE SE 114OF SECTION 25,T,3N„R-1E,B.M.MEFUDIAN,ADA OOUNTY,IIJAhEd OL TIO . rev 1 wn im1tmbskmsI mSUITE 109 SIEETIN" 1011 waam LWtO PROPOSED QUALIFIED OPEN SPACE "OEiMMW Page 19 Meridian City Council Meeting Agenda March 17,2020- Page 183 of 191 E. Conceptual Building Elevations I ` l I'iilllllllllllllilllulllllllliiillf������f�fiilffl�f��l�gll l I , II ' �� IIIIIIIIIIIIIIIIVI llllllllllllllllflllllllllllllflllllkl��l; ___ ,,IIIIIIIIllllllllll111111111111111111111111111111111111111111 �� ���-, ��:'� f �.illllllllllllVI11111lIIIIIII UIIIIIIIPIIIIIIIIIIVIIIIIIIIIIIIII I I I IIIIIIIIIIIIIIIIIIIIIIIAR�fIlIIIIIIIIAIfII111111RIIIRl11� linI�„uuullf�P�l�f�f��,�l��uou�l4l�lu��„uf��llll Page Meridian . .a March 17,2020 of 191 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The existing Development Agreement(Inst. (Inst. #2015-112095, amended Inst. #2018-086664) shall be revised consistent with the modifications noted in Section VIII.A and the updated preliminary plat and phasing plan, landscape plan and conceptual building elevations in Section VIII. 2. The preliminary plat included in Section VIII.A.2, dated 1/31/20, shall be revised as follows: a. Include the Block number(i.e. 9) for Lots 1 and 2C on the north side of W. Harris St. b. The multi-family residential portion of the site(Lots 28-29,Block 3) shall be depicted on the phasing plan as the fourth phase of development. c. A minimum 20-foot wide common lot is required for the street buffer along W. Harris St. on Lot 29,Block 3. d. The boundary of Phase 1 shall include the 20-foot wide street buffer along W. Harris St. on Lot 29,Block 3. e. A 15-foot wide common lot for a pedestrian pathway shall be provided through the middle of Blocks 2 and 3 in general alignment with S. Redwater Ave. A revised plan showing these changes shall be submitted prior to the City Council hearing. 3. The landscape plan included in Section VIII.A.3, dated 9/6/19, shall be revised as follows: a. Revise the lot and block numbers consistent with that shown on the preliminary plat as follows: Block 9 should be 8; Block 8 should be 3; Lot 20,Block 8 should be Lot 27C, Block 3; and Block 10 should be 9. b. A driveway shall be provided at the east boundary of the multi-family portion of the development in alignment with that proposed in the adjacent development to the east(i.e. Stapleton Subdivision)for emergency access only. c. The street buffer on the R-40 zoned multi-family portion of the development is required to be placed in a common lot as set forth in UDC 11-3B-7C.2a and landscaped in accord with the standards listed in UDC 11-3B-7C. d. The total lineal feet of parkways shall be included in the Landscape Calculations table for the residential subdivision trees demonstrating compliance with the standards listed in UDC 11-3A-17E and UDC 11-313-7C. e. Fencing abutting pathways and common open lots not entirely visible from a public street is restricted as set forth in UDC 11-3A-7A.7. Where open vision lattice top fencing is proposed and open vision fencing is required,it must not restrict or impede vision or sight through the fence by more than 20%per UDC 11-1A-1 "fence,open vision"; fencing detail(s) shall reflect compliance with this standard. f. The color landscape plan rendering incorrectly calls out 6-foot tall solid vinyl fencing at the rear of building lots adjacent to the pipeline easement on Lot 27C,Block 3 although the fencing symbol in the Plant Palette correctly depicts 6' open vision lattice top vinyl fence.Note: Open vision fencing where required should not restrict or impede vision or sight through thefence by more than 20%per UDC 11-IA-1. Page 21 Meridian City Council Meeting Agenda March 17,2020— Page 185 of 191 g. A 15-foot wide common lot containing a minimum 5-foot wide pedestrian pathway with 5-foot wide landscape strips on each side shall be provided through the middle of Blocks 2 and 3 in general alignment with S. Redwater Ave.; landscaping shall be depicted in accord with the standards listed in UDC 11-3B-12C. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district and UDC Table 11-2A-8 for the R-40 zoning district as applicable. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Parking for the multi family development will be reviewed with the subsequent conditional use permit. 6. An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11- 6C-3D. 7. A detail of the children's play structure shall be submitted with the final plat application. 8. The rear and/or side elevations of homes abutting the collector streets (W. Harris St. and S. Oakbriar Way) on Lots 2-15,Block 1 and Lots 2-13,Block 5 shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step- backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 9. All development within the Williams Northwest Pipeline easement must adhere to the most current standards in the Williams Gas Pipeline Developers' Handbook. 10. The well lot(Lot 1,Block 9) shall be created and deeded to the city at the time offs al p1at4ing after recording of the final plat. 11. A cross-access easement shall be granted to the property east of the proposed multi-family development(i.e. Stapleton Subdivision)for emergency access; a recorded copy of the easement shall be submitted to the City prior to signature on the final plat that contains Lot 28,Block 3. 12. A 14-foot wide recreational pathway easement is required to be provided for the multi-use pathway within Lot 27C,Block 3 and Lot 2C,Block 9. The applicant shall coordinate with Kim Warren,Park's Department(208-888-3579), on the location of the easement. The easement shall be submitted to the Planning Division for approval by the City Council and subsequent recordation,prior to signature on the final plat by the City Engineer. 13. Alternative compliance was previously approved with H-2018-0054 to the standards listed in UDC 11-3B-12C for the landscaping(trees)required adjacent to the multi-use pathway; and to the standards listed in UDC 11-3G-3E.2 for the common open space landscaping(1 deciduous tree per 8,000 square feet of common area)required within the Williams Pipeline easement on Lot 2C,Block 9 and Lot 27C,Block 3. A total of 35 additional trees shall be provided within the development(or within another City park as determined appropriate by the Planning Division and Park's Department)based on the calculations provided. Page 22 Meridian City Council Meeting Agenda March 17,2020— Page 186 of 191 14. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved by the Planning Division for the swimming pool facility prior to submittal of a building permit application for such. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 There are concerns that the development only has one connection to the city water system. This concern will eventually be eliminated by the development to the east and south connecting to Meridian and Amity, creating a dual connection. The water mainlines in West Harris Street, South Graycliff Way, South Colditz Way and West Wilton Woods Street must be 12" in order to eliminate the proposed main line in South Oakbriar Way. Applicant shall also provide a water mainline easement to the parcel to the northeast across Williams Pipeline to the future multi-family lots. 1.2 Distance between manholes cannot exceed 400'. Distance between manholes on S. Graycliff Way exceeds this requirement. 1.3 Temporary sewer dead ends require either a cleanout or a manhole.Add one of these to the south end of South Bear Claw Ave and east end of W.Lyra St. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). 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. Page 23 Meridian City Council Meeting Agenda March 17,2020— Page 187 of 191 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Page 24 Meridian City Council Meeting Agenda March 17,2020— Page 188 of 191 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT Revised comments: https:llweblink.meridianciiy.or lWebLink/Doc View.as x?id=184618&dbid=0&repo=MeridianC hty D. POLICE DEPARTMENT No comments were received. E. PARK'S DEPARTMENT No comments were received. F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=180781&dbid=0&repo=MeridianC hty G. BOISE PROJECT BOARD OF CONTROL https:llweblink.meridianciU.ory WWebLinkIDocView.aspx?id=180700&dbid=0&repo=MeridianC i &cr=1 H. CENTRAL DISTRICT HEALTH DEPARTMENT https:llweblink.meridianciU.ory WWebLinkIDocView.aspx?id=180512&dbid=0&repo=MeridianC Page 25 Meridian City Council Meeting Agenda March 17,2020— Page 189 of 191 The Commission is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 27 Meridian City Council Meeting Agenda March 17,2020— Page 191 of 191 I. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) hgps://weblink.meridianciU.ory/WebLink1DocView.aspx?id=180403&dbid=0&repo=MeridianC Lty J. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=182866&dbid=0&repo=Me ridianCity K. WEST ADA SCHOOL DISTRICT(WASD) Corrected comments: https://weblink.meridiancity.or lWebLinkIDocView.aspx?id=184563&dbid=0&repo=MeridianC ia X. FINDINGS A. Preliminary Plat Findings: 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; The Commission finds that the proposed plat with Staff s recommendations is in substantial compliance with the adopted Comprehensive Plan in regard to land use,density,transportation, and pedestrian connectivity. Please see Comprehensive Plan Policies in, Section V of this report for more information. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property upon development.(See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost,the Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire,ACHD, etc.). (See Section Mfor more information) 5. The development will not be detrimental to the public health,safety or general welfare; and, The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. Page 26 Meridian City Council Meeting Agenda March 17,2020— Page 190 of 191 E IDIAN --- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Amended onto Agenda Agenda Item Number: 9 A and 9 B Item Title: 9 A Resolution 20-2195: A RESOLUTION RATIFYING A DECLARATION OF LOCAL DISASTER EMERGENCY; AUTHORIZING THE CONTINUANCE OF THE LOCAL DISASTER EMERGENCY DECLARATION AND ITS TERMS FOR A PERIOD OF THIRTY (30) DAYS; AUTHORIZING THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH AND PROPERTY; AND PROVIDING AN EFFECTIVE DATE. 9-13: Ordinance 20-1877: AN ORDINANCE ADDING A NEW CHAPTER TO TITLE 4, MERIDIAN CITY CODE, REGARDING PUBLIC HEALTH HAZARD AUTHORITY,- DEFINITIONS; PUBLIC HEALTH HAZARD ORDERS; PROCESS FOR ENACTING PUBLIC HEALTH HAZARD ORDERS; PENALTY; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Meeting Notes: ADA COUNTY RECORDER Phil McGrane 2020-031972 BOISE IDAHO Pgs=2 BONNIE OBERBILLIG 03/18/2020 11:48 AM CITY OF MERIDIAN, IDAHO NO FEE RESOLUTION Z° - Z/ BY THE COUNCIL: BERNT,BORTON, CAVENER, HOAGLUN,PERREAULT, STRADER A RESOLUTION RATIFYING A DECLARATION OF LOCAL DISASTER EMERGENCY; AUTHORIZING THE CONTINUANCE OF THE LOCAL DISASTER EMERGENCY DECLARATION AND ITS TERMS FOR A PERIOD OF THIRTY (30) DAYS; AUTHORIZING THE IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH AND PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the 2019 novel coronavirus (COVID-19)pandemic represents an imminent threat to the life,health, and property of the City of Meridian and its citizens; and WHEREAS, a local disaster emergency, as defined in Section 46-1002, Idaho Code, is in existence in the City of Meridian due to the imminent threat to life and property; and WHEREAS,pursuant to the authority granted the Mayor of the City of Meridian in Section 46- 1011, Idaho Code,the Mayor of the City of Meridian, on March 16, 2020, declared a local disaster emergency; and WHEREAS, Section 46-1011, Idaho Code,requires the consent of the Meridian City Council for such local disaster emergency declaration to continue for a period in excess of seven (7) days; and WHEREAS, it is deemed necessary by the Council of the City of Meridian to extend such local disaster emergency declaration for a period of thirty(30) days to provide for the ongoing response to the COVID-19 pandemic; and WHEREAS, Section 67-2808, Idaho Code, authorizes the Council of the City of Meridian to declare an emergency authorizing the immediate expenditure of public money to safeguard life, health or property; and WHEREAS, the Council of the City of Meridian deems it necessary for the health and safety of the citizens of the City of Meridian to continue the authorization for the immediate expenditure of public money to safeguard life, health and property; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Declaration of Local Disaster Emergency, issued by the Mayor of the City of Meridian on March 16, 2020 and filed with the Ada County Recorder, is hereby ratified as to both form and content and that such Declaration shall remain in effect for a period of thirty (30) days from the date of this Resolution unless terminated, modified or unless extended for thirty (30) day increments. RESOLUTION RATIFYING A DECLARATION OF LOCAL DISASTER EMERGENCY Section 2. That the immediate expenditure of public money to safeguard the life, health and property of the City of Meridian is hereby authorized. I� Section 3. That a copy of this resolution shall be promptly filed with the Ada County Recorder. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Meridian, Idaho,this 17th day of March, 2020. i APPROVED by the Mayor of the City of Meridian,this 17th day of March 2020. i i RAcrfE. Sii6on Mayor OapTED AUG�s ATTEST: 0 1 r = Ciiv of w E IDIAN -- IDAHO C' iso SEAL V a City Cle �ROf a TREPSJ? STATE OF IDAHO ) ss County of Ada ) i On this day of M I-CV-) ,2020,before me,a Notary Public,personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CHARLENE WAY �� M (SEfMY ) COMMISSION 067390 Notary Public r Idaho , -�--��, �� NOTARY PUBLIC Residing at: Gua{') T�IMCD STATE OF IDAHO Commission expires: -a� Oa COMMISSION EXPIRES 3428422 a RESOLUTION RATIFYING A DECLARATION OF LOCAL DISASTER EMERGENCY CITY OF MERIDIAN ORDINANCE NO. 20-1877 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE ADDING A NEW CHAPTER TO TITLE 4, MERIDIAN CITY CODE, REGARDING PUBLIC HEALTH HAZARD AUTHORITY; DEFINITIONS; PUBLIC HEALTH HAZARD ORDERS; PROCESS FOR ENACTING PUBLIC HEALTH HAZARD ORDERS; PENALTY; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Meridian City Code section 1-6-3(A)(1)(d) and Idaho Code section 50-606, the Mayor is authorized to enforce within Meridian city limits, and in all places within five (5) miles of Meridian city limits, any health or isolation ordinance and regulation thereof; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a new chapter, Chapter 3, shall be added to Title 4, Meridian City Code, to read as follows: 4-3-1: PUBLIC HEALTH HAZARD AUTHORITY: A. Purpose. By this chapter, the City Council of the City of Meridian, authorizes the Mayor to quickly implement measures necessary to protect the public health, safety and welfare in the rare event of a foreseeable, imminent, or present public health hazard, pursuant to the authority vested in the Mayor by Idaho Code section 50-606. B. Exclusions. Unless otherwise specifically prohibited by a Public Health Hazard Order duly enacted by the Mayor, the following activities shall be exempt from the scope of such order: 1. Any and all expressive and associative activity that is protected by the United States and Idaho Constitutions, including speech, press, assembly, and/or religious activity. 2. Educational institutions, which shall follow the duly adopted policies of their respective governing bodies. 3. Activities necessary to operate critical infrastructure and utilities. 4. Activities necessary to operate and use medical facilities and services. 5. Activities necessary to buy, sell, or otherwise deliver food and necessities. C. Force majeure. In the context of this chapter, a public health hazard is a force majeure. No person shall be entitled to recover from the City of Meridian any costs incurred or profits lost as may be alleged to be attributed to the enactment of a Public Health Hazard Order. PUBLIC HEALTH HAZARD ORDERS PAGE 1 4-3-2: DEFINITIONS: A. Public Health Hazard: Any pathogen, agent, vector, or environmental condition which does or may cause illness or injury to humans. B. Public Health Hazard Order: An advisory, social distancing, or isolation order enacted by the Mayor. C. Isolation: The separation, confinement, or restriction of movement of an individual with an infectious disease or individual who has been exposed to an infectious agent. D. Social Distancing: Actions taken to maintain distance from other people, including avoiding or canceling congregate settings and mass gatherings. 4-3-3: PUBLIC HEALTH HAZARD ORDERS: The Mayor, being duly authorized by Idaho Code section 50-606, may issue the following orders, as deemed appropriate by the Mayor following consultation with or review of information issued by local, regional, statewide, and/or nationwide public health authorities. A. Advisory Order. Where a public health hazard is foreseeable, the Mayor may enact an advisory order, which order may provide information and recommended guidelines for preventing, detecting, and/or mitigating the onset or spread of a public health hazard. B. Social Distancing Order. Where a public health hazard is imminent, the Mayor may summarily enact a social distancing order, which order may establish any or all of the following: 1. Appropriate restrictions regarding the operation or occurrence of planned or foreseeable commercial, recreational, or expressive gatherings or events. 2. Restrictions on travel through or visitation within the community. 3. Postponement or cancelation of public meetings and hearings. 4. A limit on the number of persons who may gather in one location and may apply to indoor or outdoor venues. 5. Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health hazard. A social distancing order shall include an effective date and an anticipated expiration date, no later than thirty (30) days following enactment, which may be extended with the approval of City Council. A social distancing order shall apply within Meridian city limits, and five (5) miles outside Meridian city limits. C. Isolation Order. Where a health hazard is present, and poses a clear danger to the public health, the Mayor may summarily enact a isolation order, which order may establish any or all of the following: 1. A directive that infected and/or exposed individuals isolate themselves from other persons. 2. Geographical or other areas of restricted or no access. PUBLIC HEALTH HAZARD ORDERS PAGE 2 3. Other measures necessary to avoid, address, or mitigate an imminent public health hazard. 4. The scope and manner of delivery of services, materials, or supplies to be provided by the City, if any. 5. Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health hazard. 6. Conditions of the isolation. An isolation order shall include an effective date and an anticipated expiration date, no later than thirty (30) days following enactment, which may be extended with the approval of City Council. An isolation order shall be effective only when and for so long as the public health hazard is present, and when no less restrictive alternative exists. Any person shall be entitled to appeal a isolation order, or to request a modification of any provision of such order by filing a written appeal with the City Clerk. Such appeal shall be heard by City Council at their next meeting, or, if no meeting is scheduled during the term of the isolation order, the Fire Chief or designee shall review such appeal and issue a written decision. The Fire Chief's decision shall be final. 4-3-4: PROCESS FOR ENACTING PUBLIC HEALTH HAZARD ORDERS: A. Enactment. Where summarily enacting a Public Health Hazard Order, the Mayor shall prepare a written order and publish it pursuant to this section. B. Publication of Public Health Hazard Order. As possible and prudent under the circumstances, the Mayor shall cause a Public Health Hazard Order to be published: 1. Posting the order in a prominent place at Meridian City Hall; 2. Posting the order on the City's website; 3. E -mailing the order to all persons subscribed to City e-mail notification services; 4. Posting the order to all City social media accounts; 5. Providing the order to local television and radio broadcast outlets; and 6. Notifying other government agencies, including West Ada School District, Meridian Library District, Ada County Highway District, Ada County, and other municipalities. Except as may be specifically stated in the Public Health Hazard Order, such order shall be effective upon posting at Meridian City Hall. PUBLIC HEALTH HAZARD ORDERS PAGE 3 4-3-5: PENALTY: It shall be unlawful to violate any provision or directive of a duly enacted social distancing order or isolation order while such order is in effect. The violation of any provision or directive of a social distancing order or isolation order shall be a misdemeanor. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 17th day of March, 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this 17th day of March, 2020. APPROVED: Robert E. Simison, Mayor ATTEST: Chris Johnson, City Clerk 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 for William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 20 - 1877 An ordinance adding a new chapter to Title 4, Meridian City Code, regarding public health hazard authority; definitions; public health hazard orders; process for enacting public health hazard orders; penalty; adopting a savings clause; and providing an effective date. PUBLIC HEALTH HAZARD ORDERS PAGE 4