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2020-05-26 Regular C� E IDIAN,�:7- CITY COUNCIL REGULAR W1 P MEETING MINUTES City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, May 26, 2020 at 6:00 PM Virtual Meeting Information https://us02web.zoom.us/j/85982062001 Or join by phone: Dial 253-215-8782 and enter Webinar ID: 859 8206 2001 Item 1: Roll-Call Attendance X Liz Strader X Joe Borton X Brad Hoaglun X Treg Bernt Jessica Perreault X Luke Cavener Arrived at 6:12pm - X Mayor Robert E.Simison Item 2: Pledge of Allegiance Item 3: Community Invocation by Rabbi Daniel Fink of Congregation Ahavath Beth Israel Item 4: Adoption of Agenda - Adopted Item 5: Consent Agenda [Action Item] - Approved A. Approve Minutes of May 12, 2020 City Council Work Session B. Approve Minutes of May 12, 2020 City Council Regular Meeting C. Stapleton Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 2 D. TM Crossing No. 4 Water Main Easement No. 1 E. Final Plat for Warrick Subdivision No. 2 (H-2020-0044) by Schultz Development, Located at 2445 E. Amity Rd. F. Final Plat for Warrick Subdivision No. 3 (H-2020-0045) by Schultz Development, Located at 2445 E. Amity Rd. G. Findings of Fact, Conclusions of Law for Delano Subdivision (H-2019-0027) by Boll Cook Investments, LLC, Located at 14120 W. Jasmine Ln. and 2800 E. Jasmine Ln. H. Findings of Fact, Conclusions of Law for Idaho Central Credit Union (H-2020-0016) by Idaho Central Credit Union, Located at 3152 W. Peak Cloud Ln. 1. Development Agreement for Bach Storage (H-2019-0121) with Rami, LLC (Owner) and Bach Homes (Developer), Located at 2480 Eagle Rd. and 2500 N. Eagle Rd. J. Community Development: Program Year 2019 Community Development Block Grant Sub-Recipient Agreement Amendment with CATCH, Inc. for a Not-to-Exceed Amount of $16,000 K. Professional Services Agreement for Concerts on Broadway Musical Talent 1. Kings of Swing Performing 911212020 2. High Street Bond Performing 912612020 L. Resolution No. 20-2212: A Resolution Reappointing David Ballard and David McKinney to the Transportation Commission M. AP Invoices for Payment - 05/21/20 - $254,925.87 Item 6: Items Moved From Consent Agenda [Action Item] Item 7: Future Meeting Topics — Public Forum Item 8: Action Items A. Community Development: Budget Amendment for the Not-to- Exceed Amount of $835,329 for Third-Party Contracted Building Service Providers - Approved B. Police Department: Budget Amendment in the Amount of $47,500 for Patrol Vehicle Replacement - Approved C. Public Hearing for McKay Farm Subdivision (H-2020-0030) by Fairbourne Development, LLC, Located Near the Half Mile Mark on the West Side of S. Eagle Rd. Between E. Amity Rd. and E. Lake Hazel Rd. — Continued to June 9, 2020 1. Request- Annexation and Zoning of 10.5 acres of land with an R-8 zoning district, and 2. Request: A Preliminary Plat consisting of 42 building lots and 9 common lots. Item 9: Ordinances [Action Item] A. First Reading of Ordinance 20-1881: An Ordinance of the City Council of the City of Meridian, Approving the First Amendment to the Meridian Revitalization Urban Renewal Project Plan, Which First Amendment Seeks to Deannex Certain Parcels From the Existing Meridian Revitalization Project Area; Which First Amendment Amends a Plan That Includes a Revenue Allocation Financing Provision; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to the County, Affected Taxing Entities, and State Officials; Approving the Summary of the Ordinance; and Providing an Effective Date B. First Reading of Ordinance 20-1882: An Ordinance of the City Council of the City of Meridian, Approving the Urban Renewal Plan for the Union District Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to the County, Affected Taxing Entities, and State Officials; Approving the Summary of the Ordinance; and Providing an Effective Date C. Ordinance No. 20-1883: An Ordinance (H-2019-0121 — Bach Storage) for Annexation of a Parcel of Land Situated in the Southwest 1/4of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 0.999 Acres of Land From RUT to C-C (Community Business) Zoning District in the Meridian City Code; Providing That Copies of This Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date - Approved Item 10: Department/Corn mission Reports A. City Council Discussion: Potential Liaison Assignment to West Ada School District Itemll: Future Meeting Topics Meeting Adjourned at 8:29 pm Meridian City Council May 26, 2020. A Meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday, May 26, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Brad Hoaglun and Liz Strader. Members Absent: Jessica Perreault. Also present: Chris Johnson, Adrienne Weatherly, Bill Nary, Bruce Freckleton, Joe Dodson, Mark Ford and Joe Bongiorno. Item 1: Roll-call Attendance: Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Okay. We are going to call this meeting to order. For the record it is Tuesday, May 26, 2020, at 6:03 p.m. We will begin this meeting with roll call attendance. Item 2: Pledge of Allegiance Simison: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all stand and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Rabbi Daniel Fink of Congregation Ahavath Beth Israel Simison: Item No. 3 is our community invocation, which will be offered by Rabbi Fink. If you all wouldn't mind taking -- joining us in this invocation or take this as a moment of silence. Rabbi Fink, you are recognized. Fink: Thank you. Creator and sustainer and source of life, source of justice and mercy, we pray. In this challenging time we come together to continue the sacred obligation of creating community committed to a governing vision of justice, compassion, and well being for all of its citizens and so we pray for insight, for courage and dedication in tending to the sacred tasks and obligations that this season brings. May we lead by example, loving our neighbors and placing the communal good, the welfare of all, especially our most vulnerable citizens, as our best and highest goal. May are leaders lead by recognizing the sacred ties that bind the entire body politic and a web of interdependence and shared responsibility. Eternal one, grant to our appointed representatives the wisdom Meridian City Council Meeting Agenda June 2,2020— Page 84 of 263 Meridian City Council May 26,2020 Page 2 of 48 to guide our future, the patience to secure it and abundant compassion for all those whose destinies will be shaped in part by the decisions that they render. May we be blessed in this challenging season with a shared commitment the healing of body, soul, and spirit for our community as a whole and for all its members. And let us say amen. Simison: Thank you very much. Appreciate it. Bernt: Thank you, Rabbi. It was a pleasure to meet you. Fink: My -- an honor to be here. Thank you. Item 4: Adoption of Agenda Simison: Okay. Item No. 4, adoption of the agenda. Bernt: Before we start, Mayor, there was a comment made last Tuesday about the Pledge of Allegiance. Simison: Yes, Councilman Bernt. Bernt: I just thought -- I normally just say the Pledge of Allegiance. No big deal. I get it. You don't want to talk about it. We will save it for another day. Mayor, Item 4 is the adoption of agenda. I move that we adopt the agenda as presented. No changes. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I second the motion. Simison: I have a motion and a second to adopt the agenda. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Those opposed nay. The ayes have it. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Consent Agenda [Action Item] A. Approve Minutes of May 12, 2020, City Council Work Session B. Approve Minutes of May 12, 2020, City Council Regular Meeting C. Stapleton Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 2 D. TM Crossing No. 4 Water Main Easement No. 1 Meridian City Council Meeting Agenda June 2,2020— Page 85 of 263 Meridian City Council May 26,2020 Page 3 of 48 E. Final Plat for Warrick Subdivision No. 2 (H-2020-0044) by Schultz Development, Located at 2445 E. Amity Rd. F. Final Plat for Warrick Subdivision No. 3 (H-2020-0045) by Schultz Development, Located at 2445 E. Amity Rd. G. Findings of Fact, Conclusions of Law for Delano Subdivision H-2019-0027) by Boll Cooke Investments, LLC, Located at 14120 W. Jasmine Ln. and 2800 E. Jasmine Ln. H. Findings of Fact, Conclusions of Law for Idaho Central Credit Union (H-2020-0016) by Idaho Central Credit Union, Located at 3152 W. Peak Cloud Ln. I. Development Agreement for Bach Storage (H-2019-0121) with Rami, LLC (Owner) and Bach Homes (Developer), Located at 2480 Eagle Rd. and 2500 N. Eagle Rd. J. Community Development: Program Year 2019 Community Development Block Grant Sub-Recipient Agreement Amendment with CATCH, Inc. for a Not-to-Exceed Amount of $16,000 K. Professional Services Agreement for Concerts on Broadway Musical Talent 1. Kings of Swing Performing 9/12/2020 2. High Street Bond Performing 9/26/2020 L. Resolution No. 20-2212: A Resolution Reappointing David Ballard and David McKinney to the Transportation Commission M. AP Invoices for Payment - 05/21/20 - $254,925.87 Simison: Item No. 5 is the Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve the Consent Agenda, for the Mayor to sign and the Clerk to attest. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Meeting Agenda June 2,2020— Page 86 of 263 Meridian City Council May 26,2020 Page 4 of 48 Hoaglun: I second the motion. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Those opposed nay. The ayes have it. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 6: Items Moved From Consent Agenda [Action Item] Simison: There are no items moved from the Consent Agenda. Item 7: Future Meeting Topics — Public Forum Simison: So, we will move into Item 7-A, future meeting topics public forum and I will ask our clerk to call up those -- I believe we have three people at least who have signed up under this and for the record you will be recognized for three minutes. I will be doing the timer for you and I will try to signify when there is one minute remaining under this category for each person. Weatherly: Mr. Mayor, there are currently four people signed up, three of which we were able to touch base with regarding their topic. All three people at least that we know of have signed up to discuss 5g and small cell towers. The first person signed up is Rick Walsh. Simison: Okay. Mr. Walsh, if you could state your name and address for the record and, then, you will have three minutes. Walsh: Hi. Yes. My name is Rick Walsh and I live in Meridian. 4081 North Breeze Creek Way, Meridian, and thank you for the time today. Could I share my screen? Is that -- Johnson: Mr. Mayor, we don't have that set up. We need that well in advance. Walsh: Okay. Okay. Not a problem. So, I'm part of a group called Idahoans For Safe -- is my camera on for Zoom or -- should I start video or is it just audio? Simison: It's video if you would like it. Walsh: Okay. Here we go. All right. That's better. So, yes, my name is Rick Walsh and I'm a husband, father of five. I own a business here in Meridian and live in the Bridgetower Subdivision and I'm with a group called Idahoans For Safe Technology and we met with the Ada County Highway Department last Wednesday regarding Ordinance 244 and that ordinance would have authorized the placement of small cell towers within 20 feet of residential houses and so we presented the case, some local control that can be done, that's legal, that the government has recognized and we also brought up some other issues and they were convinced to postpone the vote, so -- but the cities still have a say Meridian City Council Meeting Agenda June 2,2020— Page 87 of 263 Meridian City Council May 26,2020 Page 5 of 48 and so I wanted to present to you what we are talking about to alert you and, hopefully, get this on your agenda. So, real quick, the facts about 4 and 5G --you know, the purpose of local government is to protect the community and RF microwave radiation is a hazardous pollutant and antennas must not be close to homes and elected officials, their hands are not tied. There is local protective control that can be done legally. Telecom has kind of misrepresentative -- misrepresented the relevant laws. So, some people think they don't have control, but we actually do. So, real quick, we need stronger, more protective control over a hazardous pollution and that right now is being excluded on the general liability insurance policies of the cell providers. They do not cover liability. So, if there is ever a health concern, a health issue, they will not be addressed and, then, we have ways to control the vertical, horizontal and power output of the cells. We want to preserve our home values, we want to preserve the quiet enjoyment of our streets and they should -- these towers should be either not in residential areas or the power should be regulated if they are in the residential areas and you could do setbacks, you can do distance between the towers, and you would ask the cell company to provide a signal -- you know, to prove there is a significant gap in coverage and right now speaking of Meridian, there is no gap in coverage and we also want to promote fiber optic to the house and there is a big push for fiber optic, the next -- now, you know, it's been going on, but there is a big push I heard in 2020 and 2021. So, we would like for you to address these concerns on an upcoming agenda or a workout session and I thank you so much for your time. Simison: Three minutes. Thank you, Mr. Walsh. Weatherly: Mr. Mayor, next we have Dr. Ann Huycke. Simison: Okay. Dr. Huycke, if you can state your name and address for the record and you will be recognized for three minutes. Huycke: My name is Dr. Ann Huycke. I live at 10900 West Wasdale in Boise. I am a medical doctor -- can you hear me? Simison: Yes, we can. Huycke: Okay. And I have been working in emergency medicine for over 30 years. have also worked in integrated family practice for about the same amount of time. I also belong to Idahoans For Safe Technology. I got very interested in this, because I had patients come to me that were having problems with electromagnetism with illness, but I would like to encourage you to strongly look at your wireless facilities operations with -- which is within your authority under the 1996 Telecommunications Act. The limited preemptions do not include health effects, nor does the act anywhere prohibit speech. The 4G and 5G infrastructure causes the public to be inundated with pulse modulated microwave radiation. Vast amounts of research on radiofrequency microwave radiation bio effects have been performed. There has been over 25,000 studies. Now, to put this in perspective, asbestos and lead were removed from the environment with under 10,000 studies. This radiation, particularly when modulated to carry data, produces a myriad of Meridian City Council Meeting Agenda June 2,2020— Page 88 of 263 Meridian City Council May 26,2020 Page 6 of 48 serious medical effects, including, but not limited to, neurological effects, including learning and memory impairments, Alzheimer's, dementia, autism, insomnia, depression, anxiety, ADD. Cardiac effects include arrhythmias or abnormal rhythms and sudden cardiac death even in children. Fertility effects with decreased fertility, increased birth defects, and increase miscarriages. Genetic effects cause breaks in the DNA which can lead to cancer and genetic defects. Idahoans For Safe Technology is working cooperatively with the Ada County Highway District, historic neighborhood associations, city mayors and councils, building specialists, planning and zoning, local entomologists, local farmers, realtors, all to provide a healthful environment. As a medical doctor I know for a fact that microwave irradiating equipment 20 feet or even a hundred feet from a bedroom, particularly a child or an elder, is hazardous. This is proposed by some wireless ordinances, but it is avoidable by legal means. I urge the Council to hold hearings on this matter and strongly regulate the operations of wireless facilities as is your authority to do under TCA 47, US Code Section 332, C-7-B-4. Thank you. Simison: Thank you very much. Weatherly: Mr. Mayor, next we have Cathy Cooke. Simison: All right. Cathy, if you could say your name and address for the record and you will be recognized for three minutes. You need to unmute your mic. And for the record Councilman Cavener has joined us. I know he was trying to get in, but I think that happened about 6:12. Cooke: Got it. Sorry about that. You can hear me now? Simison: Yeah. Cooke: Great. Thank you. Cathy Cooke. 688 North 29th Street, Boise, Idaho. I attest and affirm that the following statements are true, accurate, and within my personal knowledge My name is Cathy Cooke. I'm a certified building biologist and electromagnetic radiation specialist practicing here in Ada county and most of my clients are in Meridian. I'm an expert in measuring and mitigating radio frequency microwave RF MW radiation exposures. So, my business has been booming ever since the small wireless telecommunication facilities, SWTF, are being installed in the public rights of way of Ada county. Because RF MW exposure from SWTF is actually tens of thousands of times higher than RF MW from our big macro towers and this is because the SWTF are so much closer. It's all about the proximity to homes and businesses and this is what's so hazardous. So, I use professional certified calibrated radio frequency meters and always measure the peaks of radio frequency microwave radiation, which is thousands of times higher than the averages, because the peaks of RF MW is actually what really matters. So, people in the Ada -- in the Ada county cities are facing safety, privacy and property value hazards simply because municipalities and ACHD has failed to sufficiently regulate the vertical, horizontal and power for SWTF antennas. So, vertical is the number of feet off the ground. Horizontal is the number of feet away from homes and, then, power is the maximum effective radiated power watts ERP that the antenna can output. So, it's Meridian City Council Meeting Agenda June 2,2020— Page 89 of 263 Meridian City Council May 26,2020 Page 7 of 48 easy to calculate ERP from the antenna spec sheet. You just multiply the maximum power input by antenna gain for each channel and then, sum the total. When the original macro towers were constructed on hillsides they had antennas with 200 feet of vertical, 3,000 plus feet of horizontal. This VHP recipe allows the RF signal to be wafted into residential areas at low enough level to enable calls -- calls and will not ruin the quiet enjoyment of streets, but when the cell tower antennas only have 30 to 50 -- 50 of vertical and only 20 to 50 of horizontal, like the small WTF will, then, we have really got a big disaster. The maximum output power of these close in small WTF antennas needs to be kept to that which enables phone calls, but will not ruin the quiet enjoyment of streets, just like the larger macro towers. Because the ACHD and local municipalities have not been paying attention the SWTF they are deploying 15,000 to 22,000 watts ERP, many of which are within very very close to home -- within feet of homes and actually only .1 watt of ERP is needed to go down the street for a half mile for five bars on cell phones and 3,000 plus people can simultaneously make a call. So, none of my clients want their children to sleep in this radio frequency microwave radiation of a macro tower that is only 20 to 50 feet from their bedroom windows, which is currently being allowed. Our legislators understood this back in -- Simison: If you could, please, wrap up. Your time is up. Huycke: Okay. So, I strongly urge the City of Meridian to adopt regulations to prevent this large output of ERP. Thank you. Simison: Thank you. Weatherly: Mr. Mayor, we were able to verify the last speaker on tonight's public forum is here to discuss the same topic and that is Lynette Daudt. Daudt: Hi. Yeah. So -- Simison- Can you state your name and address for the record, please. Daudt: Sure. I'm Lynette Daudt. I live at 1401 West Idaho Street in Boise. Downtown Boise. I also have a business here. I'm a 20 year licensed healthcare practitioner and I have patients all over the county and beyond this county. But I'm here not to talk about the health effects, although those -- those are very real and important, but I wanted to share a couple of things that I shared in the ACHD meeting about what cities have the power to do. Cities and counties. Local government. And so I will just go ahead and run through that really quickly and if it's too fast I can submit this in writing so you can follow up on the links. So, as I stated, I'm Lynette Daudt. I attest and affirm that the following statements are true, accurate, and within my personal knowledge. I'm Lynette Daudt. told you all that. In 2020 nearly all new wireless facilities for telecommunication services are not needed, because the existing telecommunication coverage is adequate. This has been simply demonstrated and Cathy and Rick have already spoken to this. So, I'm going to skip through that and get a little bit further down. But the -- they both spoke about the significant gap in coverage needing to be proven and before any new telecoms are placed Meridian City Council Meeting Agenda June 2,2020— Page 90 of 263 Meridian City Council May 26,2020 Page 8 of 48 and that is true, that is in the law, and what happens, then, is that if a need is determined, then, by law the telecoms may install, quote, unquote, using the least intrusive means. So, thus, any kinds of city planning, zoning -- city planning and codes must, you know, include that kind of language and it has every right to do so, as well as the ACHD codes need to have that kind of language as well, encouraging these telecom companies to use the least intrusive means. And what does that mean? Well, in particular right now, as -- as Cathy already spoke to you, lowering the power levels on the external WTFs that are outside in the common places is the way that you regulate that there, but as far as incentivizing within city planning and zoning is that, you know, your cities are missing a golden opportunity to incentivize the installation and completion of fiber optics to the premises. It's faster, much much faster and much much safer. So, if you write your codes right you can provide broadband in ways that preserve the quiet enjoyment of streets and residential areas. Something that, you know, the cities must protect and wireless broadband in contrast can pump when -- can pump excessive effective radiated power, as Cathy was mentioning, and -- and into this -- the homes of individuals. So, think of big data, which is really really loud, that's internet and video and streaming and gaming, that should go via fiber optics and only small data, which is soft and that would be phone calls and text, and that could go through wireless after a significant gap in coverage is proven. So, you know, we as the public have the right to determine what we need as a community and in our fire prone state fiber optics really is the best long term solution. It's safe, secure, reliable and energy efficient and during the northern California fires those with landlines received notice and got out. Those with only wireless phones got no alerts and died in much greater numbers. Simison: Lynette, if you can please wrap up. Daudt: Yes. So, anyway, in an electrical box owned by the utility there started that fire. So, to avoid fires and have safer, faster -- faster internet, let's just put it all underground. Thank you. Simison: Okay. Thank you very much. Those were the four people that signed up under future meeting topics. Borton: Mr. Mayor? Simison: Mr. Borton. Hoaglun: Could I ask one --just one quick question? Simison: Can I let Mr. Nary speak first? Borton: Okay. Simison: And I assume your question is to your city attorney or fellow city Council Members, not to the individuals. Meridian City Council Meeting Agenda June 2,2020— Page 91 of 263 Meridian City Council May 26,2020 Page 9 of 48 Borton: No. But -- and if that's the -- the parameters of not asking questions, then, that's fine. Simison: Yes. These are -- not to engage in a dialogue with people. So, I'm going to let Mr. Nary just speak briefly to this topic as -- Morton: Okay. Simison: So, Council can consider the information they heard. Mr. Nary. Nary: Thank you, Mr. Mayor, Members of the Council. My office has been involved in this discussion and research to this issue for a number of years now. We have worked with the Association of Idaho Cities, as well as other cities and the highway district on this topic. Mr. Baird has been -- of my office has been heavily involved in the research and the evolving area of the law. So, this is very topical what these folks have brought up. There are issues out there and we are trying to wrestle with various courts in other states and how they are addressing these, both at the federal level, as well as at state levels and they are correct, there are some things that we as a regulatory agency of land use may have some ability to regulate, but we aren't ready to have this -- Mr. Baird actually was involved with last week's ACHD meeting, has been in touch with their deputy counsel as well on their approach and how they are treating this particular issue. So, we have been very engaged with this and we intend to bring this conversation forward with the Planning Department at a future topic -- or a future meeting, probably within the next few months, but we aren't quite ready yet. Again, he has been working pretty -- pretty long on the research for what can we as a city engage with, what we can prohibit or what we can restrict and what limits we have. Again, federal law does preempt certain things. It doesn't preempt everything. So, again, we don't have any of these facilities on city property currently. There are facilities on other-- in other cities in the Treasure Valley and there are facilities on other entities' properties, not the City of Meridian. But we do intend to bring this back in front of you for discussion. So, I know the folks that have been on the call today are very engaged with what we are involved in and what the city is doing, so it would be a future agenda item that we would have, like I said, within the next couple of months. Simison: Mr. Borton, did that address anything that you were curious about? Borton: Yes. Thank you. Item 8: Action Items A. Community Development: Budget Amendment for the Not-to- Exceed Amount of $835,329 for Third-Party Contracted Building Service Providers Simison: Perfect. So with that, if you -- if Council would like anymore information I encourage you to reach out to your Council President regarding next steps. Otherwise, I Meridian City Council Meeting Agenda June 2,2020— Page 92 of 263 Meridian City Council May 26,2020 Page 10 of 48 will -- I will be working with our planning and legal team to bring this forward when it's ready for appropriate discussion with our city. Okay. Excellent. Then we will move on to Item 8, Action Items. Item 8-A is from our Community Development, a budget amendment. I will turn this over to Mr. Freckleton. Freckleton: Thank you, Mr. Mayor and Members of the Council. It's good to be before you today digitally. This is a new experience. I do bring before you tonight a budget amendment to increase the budget amount for our third-party contractors that provide services to our building section. The thing that has necessitated this budget amendment is that we are depleting quickly our budgeted amounts that we set at the beginning of the budget year. This is due to higher than anticipated building activity and so we are trending hot and we won't make it through the rest of the fiscal year unless we do make these adjustments. The important thing to point out with this is that these contracts are written to be a percentage of revenue. So, in essence, when we issue a building permit and that permit is paid for, there is a certain percentage of the permit amount that goes to these contractors for the work that they perform. So, as our revenue goes up we see the expense go up as well. So, revenue is trending hotter than we thought it would and, therefore, our expense is trending hotter than we thought it would. So, it is an increase in -- in our building mechanical, electrical, plumbing and fire areas -- no. Excuse me. Let me correct that. In the electrical area we are actually doing a reduction in our budget amount. We had budgeted a little too much and so we are bringing that one back down to what we think is a reasonable number. You know, we are -- we are still early on in our -- in our growth of the building section and so we have been able to look at historical data for '19 and that's helped us to make these decisions. We also -- because of the experiences that we have had with the COVID-19 and the -- you know, the slow down -- a little bit of a slow down in the building activity we factored some of that in, too, with our new projections. We have worked with Finance in these projections and feel comfortable about it. The reason we are before you tonight is because June is the last opportunity to make any adjustments to the FY 20 budget and so with that I would stand for any questions you might have. Simison: Council, any questions? Okay. Do I have a motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move we approve the budget amendment amount for Community Development in an amount not to exceed 835,329. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Second. Meridian City Council Meeting Agenda June 2,2020— Page 93 of 263 Meridian City Council May 26,2020 Page 11 of 48 Simison: I have a motion and a second to approve the budget amendment for 835,329. 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, absent. Simison: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Police Department: Budget Amendment in the Amount of 47,500 for Patrol Vehicle Replacement Simison: Item 8-B is from our Police Department, a budget amendment. I will turn this over to -- I don't know if that's going to be Lieutenant Ford. I had Chief Lavey down, but -- Ford: Mr. Mayor, yeah, that would be Lieutenant Ford. Are you able to hear me okay? Simison: Yes, we can. Ford: Excellent. So, Mr. Mayor and Members of the Council, this is a budget amendment for 47,500 to purchase a 2020 Chevy Tahoe. This came up for a vehicle that was involved in an accident and totaled out by ICRMP. With this ICRMP will be putting forward 29,475. So, the difference leftover will be 8,225. In everything we have looked at this is the cheapest option for us to go. In reference to a -- even a newer Tahoe, the 2020 ones, they have not released the pricing yet. If we went with the Ford option, the factory is still shut down, so we don't have any time frame on when we could get that and it would be closer to 53,000. With this Tahoe we will be able to take the equipment out of the Tahoe that was totaled and put it into this Tahoe and that pretty much covers that portion of it. Simison: Thank you, Mr. Ford. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Lieutenant Ford, thank you very much. It sounds like in this case, given that the equipment transfers over to the Tahoe, that makes financial sense. I guess I'm curious just holistically if you guys have started looking at electric vehicles as a possible cost saving option. You know, are they getting to a point that they are a viable alternative we should start looking at and if we started analyzing the cost, considering that we wouldn't be paying for fuel, just curious on that -- on that point. Ford: Yes, Council Woman Strader, Members of the Council, Mr. Mayor, we have looked at some of those. I would have to get with Stacey Pechin on that. If I recall, I think we Meridian City Council Meeting Agenda June 2,2020— Page 94 of 263 Meridian City Council May 26,2020 Page 12 of 48 have one in the works that we are going to try that's been built. That's more of a hybrid, so -- I know she's done a bunch of research on that. I don't know what all her findings are. But, yes, that is something for -- Strader: Mr. Mayor, follow up. Simison: Council Woman Strader. Strader: Thank you. Yeah. That's helpful. It makes sense to me that we would look for a pilot to try that out. But I just thought I would check in there. It's always good for us to be forward thinking and make sure we are accounting for all of our options. Thanks. Ford: Thank you. Yeah. And that's something I can follow up on and give you more information at a later date, too, as well. Strader: That would be great. Thanks. Simison: Council, any further questions? If not do I have a motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move we approve the budget amendment Item 8-B for the Police Department in the amount of 47,500. Strader: Second. Simison: I have a motion and a second to approve the budget amendment in the amount of 47,500 for the Police Department. 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, absent. Simison: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing for McKay Farm Subdivision (H-2020-0030) by Fairbourne Development, LLC, Located Near the Half Mile Mark on the West Side of S. Eagle Rd. Between E. Amity Rd. and E. Lake Hazel Rd. 1. Request: Annexation and Zoning of 10.5 acres of land with an R-8 zoning district, and Meridian City Council Meeting Agenda June 2,2020— Page 95 of 263 Meridian City Council May 26,2020 Page 13 of 48 2. Request: A Preliminary Plat consisting of 42 building lots and 9 common lots. Simison: With that we will move into Item 8-C, a public hearing for McKay Farm Subdivision, H-2020-0030. I will open this public hearing with staff comments and turn this over to Mr. Dodson for information. Dodson: Thank you, Mr. Mayor, Members of Council. Can you all hear me? Simison: Yes. Dodson: Awesome. Thank you. Thank you for having me tonight. Chris, do I have control? Johnson: You should see an invitation right now to take control. Dodson: How do I do this? Johnson: And, Joe, you should be able to press your right arrow to go to the next slide. Back and forth just as if it were on your computer. Dodson: Oh, there we go. Sorry. I couldn't unmute myself for a second. Apologize for that. The site consists of 10.5 acres of land currently zoned RUT, located at 5875 South Eagle Road, between Amity and Lake Hazel, which is near the intersection of Taconic Drive and Eagle Road. Simison: Joe, just for the record, the slide says Item #6D, Lavender Heights Subdivision. Dodson: That is correct. Simison: I do believe this is the correct location for the preliminary plat? Dodson: Yes, sir. Simison: Just for the record. Dodson: Correct, Mr. Mayor. I apologize for that mistake. Yes, it is the correct location, not the correct heading. Before you is the preliminary plat of the proposed subdivision for McKay Farm. This request for annexation and zoning of 10.5 acres of land with an R- 8 zoning district and preliminary plat consisting of 42 building lots and nine common lots is proposed as one single phase. Currently on site is an existing home and related farm buildings. All structures are proposed to be demolished and both existing driveway accesses to Eagle Road are to be closed upon development. Due to the size of the property being ten and a half acres, this development is required to provide ten percent minimum open space and at least one amenity. The applicant has proposed 1.15 acres of qualified open space, which is approximately 10.9 percent, exceeding the minimum Meridian City Council Meeting Agenda June 2,2020— Page 96 of 263 Meridian City Council May 26,2020 Page 14 of 48 requirement. The open space is a combination of landscape parkways throughout the entire development and a large open space lot near the center of the project that, essentially, serves as a pocket park. The open space lot itself is over 16,000 square feet, without counting the parkways along the interior. Within this open space lot the applicant has also proposed a picnic area with shade structures meeting the one amenity requirement as well. The applicant has submitted conceptual elevations proposed -- of the proposed single family homes for the subdivision. Conceptual elevations show combinations of stone and lap siding, architectural elements. In addition, all of the conceptual elevation shows single story structures, but staff is unaware of any desire by the applicant to only build single story structures. This was discussed in the Planning and Zoning Commission meeting as well and the applicant is planning on having a combination of single and two story structures. Staff has not included any condition in their required development agreement limiting structures to single story, except for those noted or requested by the Planning and Zoning Commission. Staff notes that all homes abutting Eagle Road will be required to show proof of adequate modulation and articulation across building plans prior to receiving building permit. The project is proposed with one public access through the development due to ACHD and city policies regarding access points to arterial roadways. As noted, the subject site abuts South Eagle Road, a major arterial roadway, and resides too close to an existing intersection at Taconic and Eagle Road in order for an additional access to Eagle Road. The city's Comprehensive Plan encourages development that will utilize existing local and collector street infrastructure in lieu of additional access points to arterial roadways. Residents in this subdivision would enter and leave the property via extension of East Mardia Street, which is this -- the street in the south of the subdivision and, then, they would follow through Sky Mesa Commons where the street currently is proposed. Sky Mesa Commons is an existing subdivision, minus the very southern portion, which has not yet been constructed. They would take this East Mardia Way and could access South Montague Way, which is the closest and most logical local street connection for residents to access East Taconic Drive, a residential collector roadway, that intersects Eagle Road. In order to develop more than 30 homes on one public access, the applicant has proposed an emergency only access from the subject site to South Eagle Road. The emergency access will also serve as a common driveway for three buildable lots as proposed and Meridian Fire Department and ACHD have reviewed and approved of their location and dimensions of this emergency only access. As with all proposed development in this area, school capacity is a point of discussion. West Ada School District provided staff with a report noting their continued concern over enrollment and capacity, as they do with all applications. The three closest schools to this site are Hillsdale Elementary, Victory Middle and Mountain View High School. Hillsdale Elementary is currently capped and is no longer accepting additional students. So, elementary age students in this development would be -- would be bused to Sienna Elementary. Both Sienna and Victory Middle School -- Sienna Elementary and Victory Middle School are over capacity at this time. Mountain View is currently under capacity. The Commission did recommend approval of this application to City Council. The key discussions by the Commission were the history of the parcel and available vehicle access points and the applicant and the adjacent representative of Sky Mesa comments, which is Boise Hunter Homes, to discuss sharing costs associated with the installation of the future signal to Taconic Driver and Eagle Road Meridian City Council Meeting Agenda June 2,2020— Page 97 of 263 Meridian City Council May 26,2020 Page 15 of 48 and the use of Sky Mesa Commons amenities. The Commission also discussed the number of lots being served by common drives, as well as the number of amenities being offered by this development. They also discussed the height of homes on lots that run perpendicular to those in Sky Mesa Commons. The three changes that the Planning and Zoning Commission recommended was a DA provision limiting Lots 32, 40 and Lot 50, Block 1, to single story homes and those are the three homes that do run perpendicular to the Sky Mesa Commons Subdivision. They also added a DA provision requiring an additional amenity be added to the central open space lot and they proposed a tot lot. They also added a DA provision and condition of approval restricting the number of lots served by common drives to no more than two lots each. Staff would like to note that the applicant is not in agreement with these Commission changes and, therefore, did not provide a revised plan to staff prior to this. In addition to this, the Commission recommended that the applicant and staff and possibly the representative from Boise Hunter Homes meet with ACHD again and discuss the disagreement on the share proportional cost. Per that recommendation staff and the applicant met with ACHD to discuss the circumstances around the Taconic and Eagle intersection. To keep it short, ACHD stands by their staff report and their amount of proportional share cost and is not going to revise the staff report. Staff still recommends approval of this application per the conditions of approval and the DA provisions and I -- with that I will end my presentation and stand for questions. Thank you. Simison: Thank you, Joe. Council, any questions at this point in time? Okay. With that we would the applicant like to -- Bernt: Mr. Mayor, one question, please. I apologize. Simison: Yes. Councilman Bernt. Bernt: Hey, Joe, quick question. Did -- did the -- did the -- did the folks from -- from McKay Farm, did they -- did they agree to any of the discussions by the Commission at all? I didn't quite get all of that. Dodson: They did not agree with any of the changes to the staff report conditions. However, they did agree to meet with ACHD and we did and they said that they would work with the Boise Hunter Homes to try and work out some kind of way to help mitigate any possible use of this subdivision using the amenities in Sky Mesa Commons, but I have not heard if that meeting had taken place. Bernt: Thank you. Dodson: You're welcome. Simison: Okay. I have down that Mr. Johnson will be presenting the information as -- on behalf of the applicant. Is that accurate? S.Johnson: It is. Meridian City Council Meeting Agenda June 2,2020— Page 98 of 263 Meridian City Council May 26,2020 Page 16 of 48 Simison: Okay. Mr. Johnson, you are recognized for 15 minutes. S.Johnson: Great. Thank you, Mr. Mayor. My name is Sam Johnson. My address is 2701 East Pine Avenue in Meridian, Idaho. 83642. 1 appreciate your time tonight and appreciate working with staff as always on -- on these applications. So, yes, we agree with -- excuse me. Got a little bit of a frog in my throat. I do not have Corona. But, anyway, we agree with the staff report, with the exception, as Joe mentioned, with a couple of -- of points that the P&Z Commission recommended that we change our plat. First off, they recommended that we add an additional amenity, specifically a tot lot, to our -- our central open space there in the middle of the project. You know, per the -- per the UDC 11-3G and 3C, you know, the -- the size of a plat requires certain number of amenities and which we selected our amenity would be a shaded picnic table or picnic area and feeling that would be a good amenity that all residents could enjoy, so we picked that one as our minimum. The P&Z Commission believed that we should add one more, but we disagree with that. We feel like the code, as written, proportionately scales the requirement for more and more amenities as the projects get larger and larger and so we would request that the additional requirement for an additional amenity be removed. Also the second thing that they required or recommended was the common driveways, that we have -- we have four of them as you can see. Each one of them gives access to three lots and code required -- or code allows up to six common -- or six lots to take access off a common drive and we felt it was reasonable to have this design with only three, which is 50 percent of the maximum allowed, and we felt that it was a -- you know, they are not -- we know the challenges that common driveways can present, but we also believe that reducing a project -- reducing and eliminating nine to ten percent of the lots in a subdivision -- proposed project is a little excessive. So, we feel that we meet the -- the code and -- and we are only half of the allotted -- allowed access -- a lot access off of those common driveways. So, we also on that one would like that one be removed from the conditions. Also -- staff also mentioned the lots. We self--we self imposed the single story homes on Lots 32, 40 and 50 of Block 1. That was due to some conversations with the homeowners that live there on the other side of the fence that came to our neighborhood meeting and we -- we agreed that we would make those lots single stories. So, that's on a condition that we -- we do agree with and self imposed. So, we have -- we have -- we first came to the pre-plat application and met with the city and ACHD on the design. We had a connection to Eagle Road, but both city staff and ACHD staff recommended quite quickly that we eliminate that access if possible and we do have that one -- one connection to the Sky Mesa Subdivision. All of those streets are local streets. ACHD feels they are adequate to add 42 more homes onto those -- those streets. Sky Mesa Commons is -- or recently Sky Mesa Highlands, which is just south of this project, and Sky Mesa Commons, added I believe up to 50 plus homes or more that will also be taking access through their community and getting access to Taconic. So, we don't feel that that's an unreasonable design and -- and we agree that having less access on Eagle Road is -- is a good thing. Also with -- regarding the interim signal that would potentially be required there at Taconic and Eagle Road, we believe that -- we agree with staff -- ACHD staff report, their assessment of the costs for that interim signal, and -- and so we had discussions with them, but they were -- they were not willing to change their staff report and we have agreed with their staff report from -- from day one. We believe this is Meridian City Council Meeting Agenda June 2,2020— Page 99 of 263 Meridian City Council May 26,2020 Page 17 of 48 a good -- you know, it's a tight -- tighter neighborhood. We do not plan to restrict it with any age restriction, but it's going to -- could be a similar product type to that type of home and community and we agree that it--we believe that it's a -- it's a good use of this project and stand for questions. Simison: Thank you, Sam. Council, any questions of the applicant? Bernt: Hey, Sam -- Mr. Mayor? Simison: Councilman Bernt. Bernt: Sam, good to see you, Bud. Got a question for you. Do you guys have a parking plan involved in this project? I noticed that one wasn't submitted. S.Johnson: Yes, we -- we don't have one ready to submit, but we know that one is required, so we will -- we will work with staff on making sure that we meet those requirements before final plat. Bernt: Follow up, Mr. Mayor? Simison: Councilman Bernt. Bernt: I believe -- I believe that the P&Z Commission had mentioned that in -- in the P&Z meeting. Is there a reason why you haven't came up with one yet? S.Johnson: I don't recall parking being the discussion in the P&Z -- Bernt: Maybe it wasn't. S.Johnson: -- hearing, but I may be mistaken, but it wasn't specifically requested in the staff report, except for before final plat. Bernt: Okay. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Mr. Mayor and Mr. Johnson, I just want to make sure I understood. Since you purchased your property and an existing farm that had an access to Eagle Road, that is something you -- you have given up to allow use for -- the residents to go around to use the signal, is -- is that right? That was something you just voluntarily agreed to? S.Johnson: That is correct. Hoaglun: Thank you. Meridian City Council Meeting Agenda June 2,2020— Page 100 of 263 Meridian City Council May 26,2020 Page 18 of 48 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Sam. I guess I -- I don't understand the concern about the additional amenity that was requested, the tot lot. Is it that you feel that that amenity doesn't fit with the targeted buyers? Is it the cost of the amenity? Help me understand the -- the hesitation on that. S.Johnson: Sure. Really, the -- the hesitation there is -- is mainly just we feel like that we have -- we have met the code. It's certainly something we can add. My personal preference and pet peeve is when a tot lot, quote, unquote, is required that a token postage stamp is put into a parking -- a parked lot and everybody looks at it and that's about it. I -- when I -- when I -- I personally believe that having a tot lot needs to have lots of activities and -- and be fairly large in scale. You know, that's my own personal belief and -- but a small tot lot certainly could be added, but we felt the reason mainly is that we feel like we have met the condition. We originally believed -- or thought that this big open green space was going to count as an amenity. The code I believe calls out a large open space of 50 feet by one hundred feet. That park space is, I believe, 188 by 85 feet wide, so it's fairly large, but-- and I'm still a little confused on why staff didn't allow that to be an amenity. Big open grass area is something that I feel is a -- is a -- is a big amenity, but -- so, we felt like we had two already with the shade structure and the open space and adding the third tot lot was a personal preference from the P&Z Commissioner, not necessarily required. Strader: Thank you. Simison: Council, any additional questions at this time? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Just a quick-- quick follow up on that. I -- in reviewing the materials it looked like the reasoning behind the open space was that the code requires the open space in order for it to qualify to exceed 20,000 square feet. Right or wrong. That's what the code says. And the area on the application shows it to be 16,000 and change. So, that's how I understood it at least to be not code compliant to qualify as open space, but to the -- to your point on the proposed picnic area, shade structure, et cetera, is there something that shows -- shows what that's going to look like? Has that been designed to your point on sometimes tot lots are -- are smaller than people hope they might be, if that concern were shared with regards to shade structures and picnic shelters could you alleviate any concern -- and maybe that came up with P&Z as well, but apparently there was still a desire to have a tot lot, so it must not have met our Commission's intent. Meridian City Council Meeting Agenda June 2,2020— Page 101 of 263 Meridian City Council May 26,2020 Page 19 of 48 S.Johnson: Commissioner Borton, the -- there wasn't a whole lot of discussion on the specifics of the shade structure and picnic area at P&Z. We have -- we have a graphic that shows a little 15-by-15 shade structure with picnic tables and, you know, concrete slab underneath is the intent, but it's really just a landscaping plan with the 15-by-15 shade structure shown on the -- on the open space there. So, that's -- there wasn't a whole lot of discussion about the details of that shade structure. Borton: Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thanks, Mr. Mayor. Thanks, Sam. I guess maybe kind of following the theme as -- as of right now, I have to say I agree with you, I have seen some tot lots that have popped up in developments that even calling them a tot lot is a very generous term. Likewise, though, I have also seen shade structures and picnic tables that have always left a lot to be desired and so kind of taking some of your subject matter expertise, were there other suggestions or ideas that you guys noodled around? I mean I appreciate the -- the big chunk of green space and clearly for some that will be beneficial, but I really honed in on kind of your comments about usable activities or things that the -- the neighborhood would be able to take advantage of and I'm -- I'm curious did you and your cohorts noodle on any other suggested ideas that just didn't have a chance to bubble up or be addressed in the Planning and Zoning Commission? S.Johnson: Commissioner Cavener, we really didn't talk about it a whole lot internally. It was --we thought this, you know, open space didn't meet the requirements, so let's -- let's provide something in typical a tot lot is kind of first on the table. We noodled around with really what could benefit the neighbors of the community the most -- or I shouldn't say -- be of benefit to the most and utilized by -- by all, where tot lots -- you know, certainly love kids, got four of my own, but we ultimately just decided let's do a shade structure with picnic tables and -- and benches and I'm happy to define that and -- and, you know, get more detailed here if -- if that's required as far as dimensions or number of picnic tables. We are a little limited. We would be limited to the -- keeping this to the east side of this open space, because of an underground seepage bed on the west half, but there is -- there is ample room for, you know, a structure that's actually going to service more than just two people. That's not the intent and -- you know. So, if that's something you would like to go into detail about that's -- that's certainly -- we can do that, but that's not -- that was basically the conversation that we had internally when we decided to go with the picnic area. Hoaglun: Mr. Mayor? Simison: I couldn't tell who said that. I don't have -- Councilman Hoaglun. Meridian City Council Meeting Agenda June 2,2020— Page 102 of 263 Meridian City Council May 26,2020 Page 20 of 48 Hoaglun: Mr. Mayor, Mr. Johnson, I was just curious where the location of that will be. The picnic shelter. I was just thinking is -- is that going to be off -- I notice you said you couldn't put it onto the -- the west side, but is that going to be off more to the corner or to the edge just to maximize open space? You know, I'm thinking if neighborhood kids want to get together and kick a soccer ball you don't want it right smack in the middle of it. You know, you got to play around and like to maximize the opportunities for kids to run around or fly a kite on a March day if that works out. So, what are your plans for location? S.Johnson: Yeah. We are -- Commissioner Hoaglun, we are going to hold it -- in this graphic here either to the left or the right of the word block two, there near-- more --closer to the corners and near the sidewalk where it's easily accessible to help maintain as much open space as possible. Hoaglun: Well, good. Thank you. Simison: Council, any additional questions at this point in time? Bernt: Mr. -- Mr. Mayor, one -- one additional question, please. Simison: Councilman Bernt. Bernt: In the ACHD report it said that Eagle Road may expand in 2023 and because of that expansion I wanted to clarify what -- if there was going to be like a sidewalk or some type of pedestrian pathway along Eagle Road, but, obviously, there is nothing there right now and I don't know what's across the street. I believe it's Century Farm. I don't know if they have -- I don't know if they have a walkway there. I don't remember. Could you clarify what that's going to look like and what it may look like after 2023 in regard to a connection of a pedestrian pathway? S.Johnson: Certainly, Commissioner Bernt. The -- the staff report at ACHD does talk about how ACHD -- or Eagle Road is planned to be widened in 2023 to five lanes. Until that time the requirement is to --for us to put up some money in a -- in a deposit and trust to -- to go toward that improvement in our portion of that road. We will be dedicating up to 48 feet of right of way on our side of the road. My hope is that we can get the sidewalk in, so we can at least put the landscape -- the common lot between the homes, the back of those lots and the sidewalk and give us a -- a place to -- to improve and, then, from the sidewalk to the road would be a borrow ditch until that improvement is done by ACHD in a couple of years. Yeah. Century Farm is across the Eagle Road. They have sidewalks already in. I believe they are almost -- they -- their sidewalk almost connects completely to Lake Hazel. It's very close now with all their -- their building over there and just to the north or on this -- on this design -- or on this plat here in front of you and to the right or just to the north of us is part of the Sky Mesa Commons plat that goes between us and Taconic and they -- it's part of one of their future phases of their approved plat that sidewalks will, then, have to connect to Taconic through them. Strader: Mr. Mayor? Meridian City Council Meeting Agenda June 2,2020— Page 103 of 263 Meridian City Council May 26,2020 Page 21 of 48 Simison: Council Woman Strader. Strader: I guess just a follow up on that point and maybe I wasn't just totally following. Is your intention to put in the sidewalks if possible or is there something preventing that from happening? S.Johnson: Sorry, Council Woman Strader. The ACHD staff report talks about leaving some of those improvements for them to do when they actually did the widening of the road. I'm in conversations with them to figure out what's that line between how far can I improve and -- and work together on that, because it also depends on when this plat gets developed. No, we are subject to the utilities coming through the Sky Mesa Commons Subdivision to the west and we are kind of on their timetable as they develop the utilities to and through their project, so -- and they have told us that that is one of the very last phases that they will improve is the connection to this Mardia Street, so it might be 2023 before we are building this subdivision out. We could do it as early as next year if everything else -- if they could cooperate and get us those utilities, but we would like to find a defined line depending on our timing and work with ACHD to hopefully improve as much as we can and bare minimum, like I said, earlier to the sidewalk. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you for elaborating on the timing. As you may know, if you have watched previous City Council meetings, the school district overcrowding in this particular area is a big concern, so I think just to follow the logic, so it sounds like the -- the latest likely sort of start or delivery time would be 2023 and at the earliest you said it would be 2021. Would that have -- I'm trying to figure out when kids would --would actually join the school district. Would that be, you know, starting at the -- you know, sort of fall of 2021 or can you elaborate a little more specifically on the earliest timing? S.Johnson: Yes. Certainly, Council Woman Strader. Excuse me. The -- if -- if we were to push really hard and we had -- had utilities available to us now, I think with the amount of growth and the amount of processes that-- processing that your staff has to go through, it would be at least 12 months before we would have final plat or the plat recorded on this project, so that would be summer of 2021. So, schools -- you know, school aged kids probably would not even be moving in until the end of 2021 after homes were, you know, built in the fall of 2021. That would be -- that would be the soonest. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thanks, Mr. Mayor. Sam, when you were talking about improvements I noticed it sounded like maybe you kind of separated between landscape improvements and sidewalk improvements and so I'm trying to get a good sense about -- when you are -- Meridian City Council Meeting Agenda June 2,2020— Page 104 of 263 Meridian City Council May 26,2020 Page 22 of 48 when you are referring to improvements are those separate in your mind or are those one and the same? And clearly if the highway district is going to request that you fund the trust to build the sidewalk along that neighborhood in 2023, 1 understand that. I do have some concern, though, about that -- I think it's a -- it's an emergency access or maybe it's your -- your alley load that kind of goes there onto Eagle Road. I mean that's going to be a pathway that kids and families are going to utilize to get over to Hillsdale or to go to the YMCA and as somebody who is always frustrated with living in a neighborhood where our pathway comes out into a borrow pit, it's not something I would ever wish on anyone else and so can you share with us your conversations with the highway district about sidewalks if they are requiring you not to build them, if you are choosing not to build them and wait until 2023, if there is an opportunity for partial build, help me understand that. Simison: And, Mr. Johnson, just real quick, we do have Justin Lucas here as well, so we can turn some of these to ACHD if needed, but I will let you take a stab at it if -- if you want to. S.Johnson: Give me -- let me give it a try here, Mr. Mayor, and Commissioner Cavener. You know, my -- my hope -- or I guess backing up. When I say improvements, I mean everything's done as far as like the landscaping and the sidewalk. I would like to have the landscaping -- I should say the landscaping on the berm side of the sidewalk, if you will, because I -- yes, I agree that it's nice to have a hard line with landscaping, but, then, our emergency access would, obviously, have to connect all the way to Eagle Road. I don't know the timing of-- of the sidewalk improvements from Boise Hunter Homes to the north, which, then, would connect these residents to Taconic, you know, on a sidewalk on Eagle Road. The -- that will -- that would be an obvious connection point there. I know since they are -- since -- what they -- what they have told me -- Boise Hunter Homes has told me that the connection to Mardia and giving me utilities will be one of the last phases. That means that the property just to the north of this and to the right on the -- on the screen will have been developed prior to me being developed. So, if that's the case, then, their sidewalk will go in before mine and, then, I would connect to theirs. One note -- one point to this note that we do have the --the Grimmett Lateral runs along Eagle Road there on our side of the street and it will be required to be tiled and this project is requiring a 28 foot easement in that common space for that -- that very lateral with no berm and they certainly like the common lot, but they don't want a large berm on top of it, so with that said we increased the width of that 30 foot buffer to 35 feet to allow us to put trees and shrubs at least along our fence line at the back of those -- those lots, so there is some -- some vertical vegetation there not just a big open flat green space that -- with -- with restrictions to what's being planted there. So, that's just a side note. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: Yeah. Thank you. I have a couple -- I guess a clarifying point for this sidewalk and landscaping there. Meridian City Council Meeting Agenda June 2,2020— Page 105 of 263 Meridian City Council May 26,2020 Page 23 of 48 Simison: Okay. And if we could also have Justin come into the -- Chris, if you could bring Justin in so we can have him provide some comments, as we are in the section right now. But go ahead, Joe. Dodson: Thank you. Mr. Mayor, Members of the Council, because Mr. Johnson and their team planned for this widening, they have a 35 foot wide common lot that is outside of the additional right of way. So, within that common lot they can -- they can build this sidewalk without having to risk it being destroyed. My understanding is that ACHD already has the set right of way that they are going to be taking and so this common lot and landscape buffer will accommodate a sidewalk, unless the -- tiling the Grimmett Lateral will inhibit that. I have not heard that. I'm pretty sure that those will still allow sidewalk, just not additional trees. So, that should be a pretty easy condition to add. I admit I did not put the street frontage improvements as a condition, so that would be one that you guys would have to add. Simison: Thank you, Joe. Mr. Lucas, do you have anything that you are able to add to provide some clarity as to timing for some of these elements along Eagle Road? Lucas: Thank you, Mr. Mayor, Members of the Council. Can you hear me first off? Simison: Yes. Lucas: Excellent. For the record my name is Justin Lucas. Business address is 3775 Adam Street, Garden City, Idaho, and I'm here representing Ada County Highway District. I think the applicant described it as clearly as we can describe it, which is it's a matter of timing. If ACHD is, indeed, able to hold our schedule and build this project in 2023, the widening of Eagle Road in this section and the applicant is simultaneously, you know, just about to begin construction or under construction on their subdivision, it makes a lot more sense for the highway district to go ahead and -- and put that sidewalk in. If our project is delayed and this applicant is moving quickly or moves forward well before our project, it makes sense for them to put the sidewalk in and I don't think ACHD staff report prohibits them from doing that and this is -- yeah, the only reason this is different from anywhere else in the city is because we have an active project that's going to happen here very shortly on Eagle Road. I hope that -- I hope that helps and I will stand for any questions. Simison: Council, any questions for Mr. Lucas on that point? Okay. Thank you, Justin. You probably will want to stick around here, because I don't think that that's going to be the last question forACHD on this project. Are there any other questions for the applicant at this time from Council? Borton: Not at this time. Simison: Okay. Thank you very much. Chris or Adrienne, did we have anybody sign up in advance to testify on this application? Meridian City Council Meeting Agenda June 2,2020— Page 106 of 263 Meridian City Council May 26,2020 Page 24 of 48 Weatherly: Mr. Mayor, we had one person sign in, a Hank Allen. I don't see Hank Allen specifically on the call, but if you are here, please raise your hand and we will get you in to talk. Simison: And I think that goes for anybody else who is in the meeting. If you would like to testify on this item, please, raise your hand, so that we can bring you in to speak or if -- it does not appear that we have anybody just on the phone, but if so you can do star nine for the clerk to bring you in for comments and it's not looking like we have anybody raising their hand for -- for Council. We did have someone who was logged in to this earlier and had to leave and an e-mail was sent to you by Mr. Johnson. I just want to bring that to your attention. I think it mirrors the comments that were made and the requests by Mr. Johnson in his comments, but I encourage you to look at that if you have the ability to do so. If not, we could also ask the clerk to read it into the record if you prefer. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I can't easily pull it up right now. If it's -- if it's a short e-mail if we could read it in that would be amazing. Thank you. Simison: Is it a short e-mail? Adrienne or Chris, would you like to read it into the record? Johnson: It's a short e-mail. I can do that. This was received at 6:27 p.m. from Fred Boelter. Hello. I wish to submit my comment on the McKay Farm Subdivision application below. I own and live at 5906 South Cubola Way, Meridian. I have two requests regarding the planned McKay Farm Subdivision. The first is I would request the primary entrance be off of Eagle Road, rather than from East Taconic Drive and into Cubola Way. My concern is increased traffic in front of my home. The second is I request the two houses that share a fence line with my property, I believe it's Lot 40 and 50, be single story as to limit the impact on the view from my property when looking east. Thank you, Fred Boelter. Simison: Thank you, Chris. Council, before we call -- ask Mr. Johnson to provide any final comments, would you have any questions that you would like to specifically address to Justin about regarding any of the traffic issues that have been brought up? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Justin, for that expansion of Eagle Road, you know, we talked about 2023 and we understand that's all dependent on revenue and who knows what that's going to look like ahead, but is the Grimmett Lateral also part of that? Will that be tiled at the same time? I'm just trying to figure out timing and when -- when things could potentially be done, but the tiling of that and the expansion will all occur simultaneously; is that correct? Meridian City Council Meeting Agenda June 2,2020— Page 107 of 263 Meridian City Council May 26,2020 Page 25 of 48 Lucas: Mr. Mayor, Councilman Hoaglun, so we don't -- we don't -- we have not finished the design and the -- and all the detailed technical work on this segment of Eagle Road. We are beginning that shortly and we will finish that up in fiscal year '21. We will purchase the right of way necessary in fiscal year '22 and, then, the -- the idea is to construct the project in fiscal year '23 and that's based on our current integrated five year work plan. So, I'm really not able to answer specific technical details about the project elements. What I can say is if the tiling of that lateral is required forACHD's project, then, we certainly would do that, but based on the preliminary plat and the location of the easement for that -- that lateral, I don't -- I don't think -- I don't think it would be part of ACHD's project. It looks like that is something that falls within the developer's common area landscape for the frontage of that -- that -- that frontage improvement and so a lot of this, once again, depends on timing. If the lateral's currently, you know, within the right of way or future right of way of ACHD and we get there and our project is before this development then -- then, yes, it's possible we would do it. If the developer goes first and then -- and has to remove that lateral or replace it for their project, then, they would do it. I don't know if that exactly answers your question, but certainly if it is impacted by ACHD's project we would relocate it, yes. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Thank you for your response. It's very thorough as always. I appreciate that. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I actually had a question for staff. Simison: Okay. Strader: I'm just wondering -- is it typical that the parking plan would not be complete at this point coming before Council? Just give me a feel for whether that is typical or if that's the exception. Dodson: Council Woman Strader, Council, from my understanding a parking plan is not a requirement, it is something that the Council and Commission, you know, largely wants, but it's not a code requirement. I did not ask the applicant for a parking plan. I did note in my staff report that one was not submitted, because it is, always as we say in our pre- application meetings, it's always helpful for these situations to --for the applicants to have a parking plan, but it is not a requirement. Parking was not really discussed in the Commission meeting, nor was the missing parking plan discussed. That -- nor do I have a condition in my staff report requiring that prior to final plat. If that is something that Council would like, then, that would be an additional condition. I hope that answers -- Meridian City Council Meeting Agenda June 2,2020— Page 108 of 263 Meridian City Council May 26,2020 Page 26 of 48 Strader: Mr. Mayor, follow up. Simison: Council Woman Strader. Strader: I think that's helpful. It certainly is very helpful in reviewing these. I guess one other question that I had. You know, I saw the condition about limiting the common drives and I can, you know, hear, obviously, the applicant is not in agreement with that. In terms of the context for that, how big of an issue is it typically to have this many lots off a -- you have three, as opposed to -- what kind of issues are we taking on by going outside of that recommendation? Dodson: Council Woman Strader, Council, thank you for that. Generally Public Works has been really pushing us to not -- I mean if they had their way there -- there wouldn't be any common drives at all,just because of servicing them can be a hassle,just because of their widths and -- and how much room that they need to take up with their trucks and, then, limiting people's access and things like that. I remember from the Commission meeting it was not a contentious point, but it was something that I believe Commission is listening to staff comment, you know, Public Works comment regarding the use of common drives and how they become -- they are becoming more and more popular. I am not an expert on those types of distances and what's required for the service lines. I do know that no -- no mains at all can be inside common drives, so there would be service lines going to each one of those. So, obviously, as you get further and further -- more and more 40 foot wide lots you -- you start getting some really long service lines that are difficult to maintain, you know, because the mains cannot go in the common drives. But beyond that I couldn't speculate as to why the difference between three or two is going to matter that much. I -- I will admit that. Strader: Thank you. Dodson: You're welcome. Simison: Council, any additional questions? If not, I will ask Mr. Johnson if he would, please, come and close out the -- S.Johnson: Thank you, Mr. Mayor, Council and staff. Appreciate all your comments. You know, understand that this is a very small project being ten acres, somewhat of an in-fill, if you will, because it is surrounded by -- three sides by a subdivision that's either in or in the process of going in. You know, the intent of this density was to increase the density against Eagle Road, similar to what is required to the north at the entrance of Taconic for the Sky Mesa project. So, this -- that was the basis for this design was to get it -- get a dense project in here and -- and provide also a price point that would allow -- that -- that is a little smaller, a little -- a price point that's lower than some neighborhoods in the area. So, we agree that common driveways -- you know, they -- have their challenges, but they also are allowed by code and up to six lots per -- per common drive and so we feel like we have -- we have met that -- that code. We are -- we are -- we have got a good design. It's -- it's -- it's not perfect. It's always fun to be a little more creative, but when you have Meridian City Council Meeting Agenda June 2,2020— Page 109 of 263 Meridian City Council May 26,2020 Page 27 of 48 ten acres to work with you can only do so much. But, again, trying to hit the price point that we feel is needed. So, we feel like the open space is -- is -- is better than a lot of projects this size and we feel like we have worked out the kinks and have a -- have a good project before you and I will stand for questions. Simison: Thank you very much. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Just a couple of quick follow ups. Did I hear you correct in your earlier comments that there is no objection to having Lots 32, 40 and 50 being single story? S.Johnson: Commissioner Borton, yeah, that's correct. Borton: Okay. S.Johnson: We actually-- we -- we submitted that as a condition, but, yes, we agree with that. Borton: Okay. And Mr. Mayor? Simison: Councilman Borton. Borton: One other quick follow up from another comment in earlier remarks. Is there any portion of that open space that's -- that's part of or going to act like a drainage swale or any -- anything like that? I might have misheard you. S.Johnson: Commissioner Borton, no, none of that is planned to be a drainage swale or anything. It's -- the big open space is basically planned to be level with the back of curb. Nice flat space. The little common lot where our drainage --where our pressure irrigation station will be is to the -- the left side there in a -- in a wide pathway, but all seepage beds will be -- well, there is no drainage ponds in this project. Borton: Okay. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Could you elaborate -- you don't have to be super specific, but just give us a feel for the price point that the -- this project serves and how that's serving a broader purpose of, you know, being more affordable for people. If you could provide anymore background on that that would be helpful. Meridian City Council Meeting Agenda June 2,2020— Page 110 of 263 Meridian City Council May 26,2020 Page 28 of 48 S.Johnson: Sure, Commissioner Strader. The price point -- you know, as land gets more and more expensive, cost of the home actually gets more and more expensive, it costs us to drive that -- you know this better than probably a lot of people -- that those lots need to be smaller and smaller to try to get to the -- a price point that others can afford. So, these -- these homes will probably be in that -- I would say in 300 to 350 range. We are not working with any builders right now. We don't build the homes. So, I can't speak exactly to what the product type or the finished product will be, except for what we have depicted in the application. Originally one of the thoughts was to have this be a 55 and older community, but we have decided not to pursue that, because there is others in the -- in the area that are doing that. But, you know, that 350 is probably an average and it's becoming harder and harder within Meridian to buy a home that's under 400. So, that's -- we went to a smaller -- smaller lot to try to accommodate that. Strader: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. Sam, if I recall at the Planning and Zoning Commission you guys testified that you weren't going to limit it to any builder or building group, it was -- really your plan was to kind of get this project moving forward and, then, turn over the lots to any builder that would want to build on them. Is that still the case? S.Johnson: Yes. That's still the case, Commissioner Cavener. Hoaglun: Mr. Mayor? Simison: Was that Councilman Hoaglun or Borton? Hoaglun: Hoaglun. Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, Mr. Johnson, I wanted to talk about the Eagle Road right of way, which we know is 48 feet. You have got 35 feet of common lot. The lateral I believe was within that common lot and, then, there is space for-- then part of that right of way would also include area that you can landscape and where you put your sidewalk. Do I understand that correctly? S.Johnson: Yes. Sorry. I meant to mention that in my -- earlier. But, yes, that -- that Grimmett Lateral will be tiled within the 35 foot buffer in that -- in that common lot. Thus it has a 28 foot easement that's going to go along with that that restricts the landscaping in that. But it will be in the common lot and outside of the right of way. Hoaglun: Mr. Mayor, follow up? Meridian City Council Meeting Agenda June 2,2020— Page 111 of 263 Meridian City Council May 26,2020 Page 29 of 48 Simison: Councilman Hoaglun. Hoaglun: So -- and also -- so, your landscaping could -- could be done sooner like -- like you desire, if -- if all things, you know, move together as planned. Would -- would you also be putting in the sidewalk along that landscaping at the same time? Is that -- is that in your plan? S.Johnson: Commissioner Hoaglun, yes. The -- so, our intent -- you know, when we submit our final plat with our construction drawings, the improvements there will be part of the conditions to be built out. We will be required to tile that Grimmett Lateral and, then, landscaping on top of that with the sidewalk, depending on the timing we said earlier with ACHD's improvements, my -- my -- my hope is that if we are before -- if we were building this out before ACHD widens Eagle Road, I would hopefully work something out with ACHD that we build the sidewalk and landscaping to the west, so, then, that they can have -- we can have a nice clean edge to landscape to and have most of our improvements in and, then, they can build to that and it's -- right now it's proposed to be a detached sidewalk. So, it would allow them to do the work that they need at the -- at the appropriate time. Hoaglun: Mr. Mayor, another follow up. Simison: Councilman Hoaglun. Hoaglun: Yeah. Mr. Johnson, thank you for that information. Yeah. You know, I'm just concerned with the revenue stream forACHD and who knows if they can keep that within their five year plan, depending on how things keep flowing, but if you are able to move that project forward, I know I would like to see that landscaping and that sidewalk move forward as well and -- and not wait until Eagle Road gets expanded to allow that access point to the light and crossing, like -- like you would. So, would you mind if that was -- was a condition if we approve this? S.Johnson: Oh, not at all. I'm okay with that, Councilman Hoaglun. And I did -- I have pulled up the ACHD -- the ACHD staff report. It specifically states that -- let's see. If the Eagle Road widening project remains programmed for 2023 or sooner prior to ACHD's final signature on the plat, we will provide that road trust for the -- the widening of Eagle Road and the sidewalk abutting our site. If -- and, then, another condition is if -- if it -- that construction and widening of Eagle Road is -- is moved to a later date past 2023, then -- then, I'm -- then I should -- I have to build that five foot sidewalk and widen the road at that time -- or before the -- before the dedication of the right of way. So, if-- if this project gets pushed out because ACHD loses funding or something like that, then -- then worst case I have to do the improvements myself, if that all gets pushed out. Hoaglun: Thank you, Mr. Johnson. Bernt: Mr. Mayor? Meridian City Council Meeting Agenda June 2,2020— Page 112 of 263 Meridian City Council May 26,2020 Page 30 of 48 Simison: Councilman Bernt. Bernt: I just wanted to make sure with all of these common driveways, just wanted to make sure that the -- the Fire Department --just make sure that all our I's are dotted and our T's are crossed. If they have any questions or concerns. Just wanted to confirm. Simison: Deputy Chief Bongiorno. Bongiorno: Mr. Mayor and Council Member Bernt, yeah, we have met with the client and looked at the plans and we are okay with them. Typical emergency access, they will put some wrench activated bollards out on Eagle Road, so it won't be reused for traffic --foot traffic can still walk through like you have been discussing, but it will be closed to vehicular access. Bernt: Thank you, chief. Simison: So, deputy chief, related to that question, with the unknown timing of this project and the road project, if you can't access that emergency access because there is not a connection point because of the culvert, how does that impact that for this project? Bongiorno: Mr. Mayor and Council, then, they would be limited to 30 building lots, starting at the beginning of the subdivision and coming into it. They would not be able to build over 30 -- 30 lots -- have 30 building permits for that subdivision. Simison: Thank you. Dodson: Mr. Mayor? Simison: Joe. Yes. Dodson: Yes. Thank you. Mr. Mayor, Members of the Council, I just wanted to clarify that a little bit. I did also add a DA provision within my staff report that requires them to construct an emergency access to Eagle Road prior to receiving any certificates of occupancy, so -- to try and avoid this type of situation and Sam has agreed to that and we haven't had any -- any disagreement on that. Simison: So, that section will have to be tiled to a minimum of some sort. Dodson: From my understanding, yes, Mr. Mayor, that is correct. Simison: Council, any further questions or would anyone like to entertain -- throw out a motion to close the public hearing? Bernt: Mr. Mayor, before we go into the public hearing, I just -- I just wanted to express maybe like a couple of concerns. I don't know if the applicant wants to discuss or have -- maybe provide an explanation. One of my -- one of my concerns about this project is Meridian City Council Meeting Agenda June 2,2020— Page 113 of 263 Meridian City Council May 26,2020 Page 31 of 48 the parking plan. This is a -- this is a small development. I get that ten -- there is -- your -- you are constrained, there is no doubt, but because of that everything seems to be a little bit more dense and a little bit more on top of each other and in these small developments I think a parking plan, especially with these common driveways, it would be very helpful to know what that's going to look like. Another concern is the common driveways. They account for almost 30 percent of the lots provided for this project. That's a lot. That's -- that's -- that's quite a lot. So, that gives me a little bit of heartburn. And, finally, I --you know, I don't know if a tot lot is necessarily the --the answer to the amenities and I don't know if I'm necessarily going to pound that drum, but it would be really nice to see what that -- that -- that structure is going to look like. It could be fantastic, actually. It could be beautiful and it can look really nice and something that the community would use. It would just be really nice to see what that looks like. It -- you know, in some -- some of our sub -- parts of our subdivision we had those -- those covered amenities and after about five years they took them down, because they were just -- they were sort of dilapidated and didn't look very nice anymore. I'm not saying that yours are going to look this way, but it certainly would help my decision going forward just to know what those things look like. Just details. I feel like there is -- there is some details that are lacking in this -- in this project that would certainly help not only myself, but I'm -- I don't mean to speak for everyone else, but I -- I sort of -- reading the tea leaves I think there is some things that -- there is some details that are just missing. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I share some of the same concerns and I do think it's helpful to have the discussion. So, maybe the applicant could respond or -- you could think about a continuance or something. You know, usually my biggest hang up is the schools, which are incredibly overcrowded. Now we have data indicating that West Ada does have capacity districtwide. The timeline for this project would allow them to redraw their boundaries, which clearly we have urged them to do and that ball is in their court, but I -- I am struggling with -- like to me because it's so in-fill it is really just barely hitting the minimum requirements. I'm concerned about the parking plan. I definitely think we would need to see the sidewalk done along Eagle Road. The common lots are a concern for me as well, as well as the amenity. It just feels like barely meeting the minimum. It is not quite -- quite doing it for me without enough detail behind -- behind some more of the project. So, I'm struggling a little bit with this one. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think for the sake of the -- the applicant I will also chime in and -- and, Sam, one, I really appreciate you trying to engage with the neighborhood -- I guess to the north of you to try and find some resolution. I think that's showing that, hey, you are willing to try and get to the bottom and solve some of these things. But the comments that I have Meridian City Council Meeting Agenda June 2,2020— Page 114 of 263 Meridian City Council May 26,2020 Page 32 of 48 heard from my two colleagues are true with me. I --for those of us that have been on the Council a while, I have got like former Council Member Milam just sitting on my shoulder like pounding her fist, like this is the minimum, this is the minimum, this is the minimum and that's really what this feels like. Sam, you know Meridian is a community worthy of investment. That's why this project is -- has been identified for -- for you and your applicant friends. I appreciate that you have met the minimums. I just have some concern about if -- if we are going to really add these extra homes into our community, our communities has got to benefit both from those that live in and around the neighborhood and in our community at large and I just don't feel like that it cuts the mustard when it comes to that. I share Council Member Strader's concerns about the school impact. Again, we have heard from -- from parents that send their kids to Hillsdale, recognizing that this neighborhood would like to not send their kids to Hillsdale -- about the challenges of getting folks across Eagle Road and the challenges associated with that, which is why my comments about the sidewalk would have to be a requirement. I have got a lot of hang ups about this project. I'm not completely sold that it's the right project at the right time for this part of our community. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. There is a lot of concerns I hear that I share. My -- my struggle is a little bit differently from the perspective of, yes, it meets the minimums and is it enough. Then I -- then I look to us where we want to have a parking plan, you know, and I heard that it's not required, it's desired. I wish he would have brought forward a parking plan and we could have looked at it and discussed it. These are single family homes. They will have garages. They will have a parking pad. That does help. But it would have been helpful and I think we need to say it is required when it comes before us. The common driveways, yeah, they are -- they can be a nuisance and access to Public Works utilities, that sort of thing, and we allow six and maybe we need to clarify that unless it exceeds a certain percentage of the subdivision. I think Councilman Bernt brought that up, that it's this particular percentage and maybe that's too much for this size and -- and the amenity, you know, we talked about a tot lot, we talked about the thing -- how -- how do we make sure developers -- I think most of them want to play by the rules. They do that. But I think we need to be a little more specific then. If we want something to have that drawing -- that specific drawing and warranties or things like that, that -- that's -- that's where I'm just going -- I don't know if we are providing enough requirement when they come before us, because if they meet the minimum, yeah, it's the minimum, it's like my kids when they were in school, some classes they met the minimum -- you are not getting lower than a C on this course. I know it's hard for you. They met the minimum. Could they have done better? Probably. But, hey, they met the minimum. Well, I don't know what you do. So, that's my struggle is they -- they looked at the code, they meet the minimum. Would I have liked him to do more? Yeah. And as others have expressed. But I don't know if I can turn down -- other than, you know, putting in the requirement about the single story homes and what to do with the sidewalk if ACHD gets delayed, but that's -- that's my struggle right now. Meridian City Council Meeting Agenda June 2,2020— Page 115 of 263 Meridian City Council May 26,2020 Page 33 of 48 Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I -- a great discussion. I think the added wrinkle on this and other -- the annexation applications is that exercise of discretion that goes with determining whether something is the right fit to -- to join our community and -- and amongst the concerns, which I agree with fellow Council Members, it sounded like it made sense to me that there is some additional detail that's desired to make that determination. At least I heard -- I heard a little bit about that and I tend to agree with that on some of the specificity, even if it's not required by code, but if it's helpful for Council Members to see the complete picture in order to make that discretionary decision, then, I think that's -- that's a wise path to go down. And also using what Councilman Hoaglun brought up about any area that we do have concern, the sooner we can provide pivots of clarity to our development community, if any of our standards need to be raised on a particular issue or adjusted or clarified, by all means let's do it quick, because he is spot on that we have to provide that direction clearly and early in fairness to anybody who brings an application to our community. So, I did hear those comments of concern with regards to the parking plan and -- and perhaps the amenity-- a couple of examples that there is a desire for some missing specificity that would assist and in that regard I agree. Simison: So,just to throw my two cents on is -- I have heard this Council and the previous Council speak about the minimum concern of open space, which is why we are undertaking that open space conversation right now. To Councilman Borton's point, I do think that that has been clearly articulated out to the development community that while there is a minimum, there is a viewpoint that the minimum may not be good enough from that standpoint. So, that -- I think that's been out there, but it is current code from that standpoint. I guess the question for Council -- this is just more information with two --two weeks to give the applicant, if they would like that, time to gather information back or are there any fundamental flaws with the overall development that you would like to see addressed further? Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: Before we go down that, I just wanted to comment really quick, Members of the Council. The street sections in this are all 33 feet wide, which would allow parking on both sides of the street. So, you know, minus the -- each lot is no less than 50 feet wide as well, which is more than the minimum in the R-8 zoning district. There is at least parking for two in front of each home on the street. So, that's part of the reason why I did not request a parking plan, because usually when we have 33 -- 33 feet wide parking -- or street sections we do not -- you are not pushed for that, just because it's assumed that there will be enough. I do hear Council Members' comments about the common drives. Agreed, those do get a little tighter and you are going to have issues there. But I just wanted to make a comment on those streets sections there for you. Meridian City Council Meeting Agenda June 2,2020— Page 116 of 263 Meridian City Council May 26,2020 Page 34 of 48 Strader: Mr. Mayor? Simison: Oh, Council Woman Strader. Strader: Just a quick follow up. You know, would you be able to make a determination about the adequacy of the parking if -- if you don't have anymore detail? I guess my concern is the common lots, if I'm just eyeballing it and I have a concern about them in general, but if I am just looking here it seems to me like the parking would be really tight because I don't think those common lots are as wide as the street. If you could -- if you have further comments or if you need more information. Dodson: Council Woman Strader, Mayor, Members of the Council, so those -- generally those common drives are a no parking zone per Fire. They do not want people parking on them. They are only 25 feet wide from what I see on the plat. But each home will have its own parking pad, as well as their garage minimum requirement based on their bedroom count. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Yeah. Mr. Mayor, Members of the Council, in listening to your concerns about the open space and the amenities there, you know, that is why oftentimes we do see what they intend to build and, again, I don't have any concern with Mr. Johnson specifically, but we have had in the past where we weren't specific, so we couldn't include it in the DA and so what you got was not what you anticipated. We had one once -- it's been a number of years, but they indicated they would put in a horseshoe pit and a barbecue and what they put in were two pieces of rebar in the ground and a -- and a non-commercial grade barbecue chained to a pole. So, without some way to put clarity for staff in a development agreement, there is no way that -- for them to do anything with whatever comes forward and we have seen -- I think it's been alluded to -- occasions where the type of shade structure they want to build really looked like a metal awning and that isn't something staff would normally approve necessarily. So, I echo your concerns without some specifics on whatever they are going to do in regards to their amenities to make some clarity so we can include that in the development. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. We haven't closed the public hearing yet. Would it be possible I could ask Mr. Johnson a question? Simison: Yeah. I have been waiting to bring him back up to provide feedback to all these comments, so go ahead. Meridian City Council Meeting Agenda June 2,2020— Page 117 of 263 Meridian City Council May 26,2020 Page 35 of 48 Hoaglun: Mr. Johnston, I was just curious, now that you have heard our conversation, what are your thoughts to the subject matter and possibly taking another look at this a couple weeks from now to -- to address our concerns? S.Johnson: Councilman Hoaglun and Mayor and Council, I appreciate all the concerns and -- and comments. And, again, I apologize for my very -- very white voice, but I just can't get rid of it tonight. The -- as a developer -- you know, I'm developing another property right now currently that is -- that goes above and beyond the minimums and -- because the property allows for that and -- and I guess as a developer coming in and seeing what is allowed and what's not allowed, there is -- there is -- there is a minimum and so you design and work toward meeting that minimum and making sure that everything's okay, that -- that it would work within the code allowed. So, I understand the concerns. You know, I have said earlier this -- but, then, I think that there is some details on -- that are being discussed that, frankly, I thought were -- would be just dealt with on staff level during the approvals. You know, streetlights, for instance, we don't talk about streetlights, because that plan gets approved by -- by Public Works and staff and the condition that I have off-street parking is required and provided to meet -- meet the code. That's -- that was -- that's my plan and make sure that that is provided for and that detail gets worked out to meet that standard, to meet that condition. If I don't meet the condition of the code, then, I can't move forward with approvals from -- for construction. So, understand that, yes, I feel like I should have brought more detail here, obviously, to help ease some of your concerns and if we want to get specific about the shade structure and the number of picnic benches and the size, I'm happy to do that, because I want to have a -- a community that is worth building, it is not something that's just built out and -- and one and done and move on and just blow through it. I want something that's going to be an asset to the -- to the community. Early on -- I will back -- back up. Early on in my design process here we reached out a couple of times to Boise Hunter Homes to see if we could be a part of their HOA and part of their amenities and we would pay for our pro rata share of their amenities and -- and whatnot, because we are surrounded by them, might as well be a part of their HOA, contribute to their fees and to their -- their upkeep and -- but we weren't given that opportunity. So, to try to come in here -- to try to come and -- and provide a development that meets the standards, yeah, it might be minimum. I get that. It still meets the standards. It still meets the code and if the code is -- if the minimums in the code are -- are not desirable, then, by all means change them and -- and we will -- as a development community will abide by those minimums and by those codes. But I feel like this isn't--this isn't a --this is a fairly straightforward project, because it is surrounded by residential and trying to put all the pieces together to make sure that this all fits together and meets the code, that's our intent, you know, and we don't want to be minimalists here. I want to provide something and so if we need to get into specifics here tonight, happy to do so, and -- but I believe that, you know, we have played by the rules, like it's been said earlier. We have presented something that is -- it meets those rules. So, we feel like we have done what we -- what we can and what we need to and -- and, sure, it's not a -- a super creative project and I get that, but it is -- meets the code. Hoaglun: Mr. Mayor, follow up. Meridian City Council Meeting Agenda June 2,2020— Page 118 of 263 Meridian City Council May 26,2020 Page 36 of 48 Simison: Councilman Hoaglun. Hoaglun: Mr. Johnson, you had mentioned that you might have had a drawing or a picture or something of the -- of the shade structure. Is that something you have available? I mean we are talking about, you know, the amenity and that's -- that would be it. There has been an issue of discussion about -- about common driveways and the parking plan, which we just now found out that the streets are -- are the wider options, which allows some, you know, adequate parking to -- to a degree, we would like to have a little more -- you know, just a visual of that to make sure. But for the parking -- for the amenity, if you have some, I would like to see that. S.Johnson: I don't have anything specific picked out at this point. I can show you what we have just -- we have plopped on as the landscape architect to put on what a 15 by 15 would look like on the site and I can show you. It looks about the same size as one of those trees. If I could share my screen here. Johnson: Mr. Johnson, it will take one moment for me to switch the address and give you that. S.Johnson: You know-- and -- so, again, if a tot lot was required I -- typically at this stage of the game we are not sure -- we are not asked to see what the specific tot lot looks like, but the -- are there swings, are there -- how tall is the slide, how many slides, how many rock walls, is there a rope, is there, you know, a jungle gym. That typically has not been required at this stage, so I didn't expect to need to have that decision already made at this point in the game. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I respectfully disagree. I mean I think -- I think it's rare that we don't have that information. And I personally -- and I don't -- you know, asking just to see what it looks like for verification, honestly, is something that's one hundred percent within your purview and I don't think -- I think it's a reasonable ask. I don't think that it's anything that's abnormal or something that hasn't been done before. I can honestly say of all of the applications I have heard I don't consider myself a new Council Member anymore, but I would say the vast number of applications we hear for land use have demonstrations and examples, if not the exact design elements of what these -- these -- these amenities look like and I -- and I do think it's important, because community is important and I -- you know. So, I don't mean to get my feathers ruffled too much here, but I do feel like what we are asking is -- is quite reasonable. Simison: So, I'm going to go back to Mr. Johnson and maybe the question. Would -- would a continuance two weeks to allow you to bring back some of this additional information for Council -- be supported by yourself if a motion were made in that fashion? Meridian City Council Meeting Agenda June 2,2020— Page 119 of 263 Meridian City Council May 26,2020 Page 37 of 48 S.Johnson: Had to make sure I was unmuted. Mr. Mayor and Council, absolutely. If that's -- if this is something that the Council would like to see, absolutely willing to do that and whatever your -- whatever you would like to hear it. Simison: I'm not great at math, but I did hear, but three seemed to indicated a desire out of the five. So, Council, would anyone be wanting to make a motion? Or is there anything else that you would like the applicant to consider before going down that road? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I do think it's helpful for a little bit of context just to respond to one of the comments. You know, I -- I appreciate that we have our code and we have the UDC, but part of the context of what we are going through as a community is we just revised our Comprehensive Plan and we just started our whole process of kicking off our UDC and our standards for open space specifically, as the Mayor mentioned, are a big focus for us. So, part of what we are trying to do is go about this in the right order, but we have really been taking a look at whether we have the bar high enough. I'm just speaking for me, would really appreciate if you could come back to us with some more information to try to help us feel like this is really going to fit in well with the community, that the amenities are going to look great with where they are going and that the parking will be adequate and I think that would go a long way, particularly in -- in an area where we already have concerns about the schools, et cetera. Simison: Council, would anyone like to make a motion? Hoaglun: Mr. -- Simison: Councilman Hoaglun? Hoaglun: Yes, Mr. Mayor, I move that we continue the public hearing for McKay Farm Subdivision, H-2020-0030, to the date of -- I don't have a calendar in front of me. What's two weeks? Johnson: June 9th. Hoaglun: Thank you, Chris. June 9th. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Chris, before we -- before we have a second on that motion, what does that day look like? I don't have the agendas in front of me right now. I would have to look at my e-mails. But do you have those in front of you, Chris? Meridian City Council Meeting Agenda June 2,2020— Page 120 of 263 Meridian City Council May 26,2020 Page 38 of 48 Johnson: I have them very close. Just one second. Mr. Mayor, Mr. -- Council President, you have two public hearings on Victory Commons and Cedar Brook Subdivision. Hoaglun: Mr. Mayor, since I made the motion, can I ask Chris, is -- is there a less busy date sooner or later? Johnson: Mr. Mayor, Councilman Hoaglun, on the 2nd of June is less on land use public hearings, but there are two public hearings on ordinances you have the first reading of tonight and I do not have a draft beyond the 9th at this time. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I think the 9th will be fine. I don't project this to be relatively complex when we -- when we discuss it again. I think the 9th would be okay. Simison: As long it gives the applicant enough time to gather the information and present it. That's I think the key. Bernt: True. Simison: I'm still waiting for a second or we will have -- Borton: Second. Simison: Okay. I have a motion and a second. 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, absent. Simison: All ayes. We will move that to the 9th. Thank you, Mr. Johnson. Appreciate you being here tonight and look forward to you coming back shortly. Bernt: Thanks, Sam. Good to see you, man. S.Johnson: Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Council, It's 8:05. 1 typically try to do breaks. I'm going to turn to you all for -- the ordinance readings should go fairly quickly, but it's the Item 10-A, I don't know how long you would like to go. Would you like to take a break for a few minutes or do you want to push through? I'm getting one push through -- keep going? Meridian City Council Meeting Agenda June 2,2020— Page 121 of 263 Meridian City Council May 26,2020 Page 39 of 48 Item 9: Ordinances [Action Item] A. First Reading of Ordinance 20-1881: An Ordinance of the City Council of the City of Meridian, Approving the First Amendment to the Meridian Revitalization Urban Renewal Project Plan, Which First Amendment Seeks to Deannex Certain Parcels From the Existing Meridian Revitalization Project Area; Which First Amendment Amends a Plan That Includes a Revenue Allocation Financing Provision; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to the County, Affected Taxing Entities, and State Officials; Approving the Summary of the Ordinance; and Providing an Effective Date Simison: Okay. With that we will move to ordinances, 9-A, a first reading of Ordinance 20-1881, and turn this over to Adrienne or Chris. Weatherly: Mr. Mayor, I will go ahead and start with the first reading of Ordinance 20- 1881. An Ordinance of the City Council of the City of Meridian, approving the first amendment to the Meridian Revitalization Urban Renewal Project Plan, which first amendment seeks to deannex certain parcels from the existing Meridian Revitalization Project Area; which first amendment amends a plan that includes a revenue allocation financing provision; authorizing the City Clerk to transmit a copy of this ordinance and other required information to the county, affected taxing entities, and state officials; approving the summary of the ordinance; and providing an effective date. Simison: Thank you. This is the first reading of this ordinance. It will be on next week's agenda. B. First Reading of Ordinance 20- 1882: An Ordinance of the City Council of the City of Meridian, Approving the Urban Renewal Plan for the Union District Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to the County, Affected Taxing Entities, and State Officials; Approving the Summary of the Ordinance; and Providing an Effective Date Simison: Item 9-13, the first reading for Ordinance 20-1882. 1 will turn this over to Adrienne. Weatherly: Thank you, Mr. Mayor. This is the first reading of Ordinance 20-1882. An ordinance of the City Council of the City of Meridian, approving the urban renewal plan for the Urban -- excuse me -- for the Union District Urban Renewal Project, which plan includes revenue allocation financing provisions; authorizing the City Clerk to transmit a copy of this ordinance and other required information to the county, affected taxing Meridian City Council Meeting Agenda June 2,2020— Page 122 of 263 Meridian City Council May 26,2020 Page 40 of 48 entities, and state officials; approving the summary of the ordinance; and providing an effective date. Simison: Thank you, Adrienne. This item will also be on next week's City Council agenda under second reading. C. Ordinance No. 20-1883: An Ordinance (H-2019-0121 — Bach Storage) for Annexation of a Parcel of Land Situated in the Southwest 1/ 4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 0.999 Acres of Land From RUT to C-C Community Business) Zoning District in the Meridian City Code; Providing That Copies of This Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Simison: Item 9-C is Ordinance No. 20-1883, which is a little bit longer. Turn this over to Adrienne. Weatherly: Thank you, Mr. Mayor. This is Ordinance No. 20-1883, an annexation H- 2019-0121 , Bach Storage, for annexation of a parcel of land situated in the Southwest 1/4 of Section 4, Township 3 North, Range 1 East, Boise meridian, Ada county, Idaho, as described in Attachment "A" and annexing certain lands and territory situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian; establishing and determining the land use zoning classification of 0.999 acres of land from RUT to C-C (Community Business) zoning district in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anyone that would like it -- like it read in its entirety? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I don't see anybody raising their hand, so I would move that we approve Ordinance No. 20-1883 with suspension of rules. Meridian City Council Meeting Agenda June 2,2020— Page 123 of 263 Meridian City Council May 26,2020 Page 41 of 48 Borton: Second. Simison: I have a motion and a second by Councilman Borton to approve Ordinance No. 20-1883 under suspension of the rules. All those in favor signify by saying aye. Those opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Department/Commission Reports A. City Council Discussion: Potential Liaison Assignment to West Ada School District Simison: Item 10-A, a City Council discussion. I'm going to turn this over to Council President Bernt. Bernt: Thank you, Mr. Mayor. I appreciate that. There has been some recent discussion regard to a liaison role, a representative from the City of Meridian, whether that's a Council Member or whatever -- that would be a liaison to the West Ada School District. My -- I believe that came up either last week or the week before by Councilman Cavener, but I know that there has been other discussion as well by other Council Members. So, I just wanted to bring up this topic and have an opportunity to discuss what this liaison role looks like and what the responsibilities would be. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm happy to chime in. I have put a little thought to this and this came from -- Council President Bernt to your point -- I think there has been a lot of Council Members that have been inquiring. It's been no secret that we have had I think more robust conversations with the school district probably in the past six to nine months than we have in the past number of years, which I think is a -- a benefit for both bodies and it's a win for our citizens. What kept coming up kind of time and time again is this loss of information that our -- our communication with the district is somewhat formal in nature. We request information. They may or may not provide it and sometimes what gets missed in some of the subtext, either of our request or what's going on, and I know that -- that many of us -- perhaps all of us have some level of engagement or another with members of the West Ada trustees. My thought was -- and I know that at least another Council Member had inquired -- and Jessica is not here to chime in -- is that to maybe create a better flow of information, so that all of our information is kind of being concentrated between a couple of individuals, so things don't get lost and the information can remain consistent. I know I'm -- in conversations with you guys at lunch or a coffee with the Mayor, will say, oh, talked to somebody at West Ada and I heard this and you say, oh, well, I talked to somebody at West Ada and I heard that and sometimes the information, while well intended maybe, just gets lost in translation and this might be able to create a better Meridian City Council Meeting Agenda June 2,2020— Page 124 of 263 Meridian City Council May 26,2020 Page 42 of 48 approach for us to receive more consistent information and to maybe create a little bit more of a formal process of how we engage with them outside of sending kind of our standard letters. That was my thought. And, again, for me if this is something that we want to do now, we want to do later, or don't do at all, I think it's -- either option is okay. I'm excited that we have got a new staff member that will come on that will help to alleviate some of this. As I mentioned earlier, I think our personal communication engagement with the trustees is at an all time high. So, I think maybe with time some of these things would be resolved as well. I was just wanting to advocate that I -- you know, I think sometimes we do a really good job as a body of saying if there is a Council Member that's interested in something, let's at least talk about it, let's noodle on it, let's come up with a decision and we can go from there. Bernt: Yeah. I -- I don't disagree with any of those points. I know that the Mayor and I have had, you know, more discussion within the past two weeks than -- than we have in the past, you know, three years for sure. So, I understand your -- your -- your talking point, Council Member Cavener. So, I mean -- I guess going forward I mean would this -- is this a City Council Member that's going to attend City Council meetings -- or, excuse me, West Ada meetings? I know they meet the same night as us. So, that might be a hair difficult. Is this something that may be scheduled -- you know, maybe once a month, you know, our liaison maybe with a representative from West Ada breaks bread and -- and shares that information with us as a body. As you said, you know, we will have a planner in place hopefully very soon, so what does that look like? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Or maybe a question for either you or Council President Bernt. I know that you, both had a meeting with the -- with Trustee Smylie and with Trustee Klopfenstein. Did this topic come up amongst the four of you? And the reason why I ask is if this is something that the -- the trustees don't have the capacity -- and I would completely understand that, again, we are all essentially volunteers and many of us have regular schedules that maybe would prevent this from occurring. I didn't want to send us down this kind of rabbit hole if there isn't somebody on the other side of West Ada that would be interested in doing this. Bernt: Good -- great question. Cavener: Or have the ability to do it I should say. Bernt: Right. Great question. So, we did meet with the two trustees about a week, week and a half ago, two weeks --fairly recently. We have another meeting scheduled I believe for Friday -- or some -- I know that there was some back and forth today. And to answer your question, yes, we did ask them what their level of interest was in regard to a liaison role from Council and they were open to it. They were going to go back and have that conversation amongst themselves and have -- discuss it further. Meridian City Council Meeting Agenda June 2,2020— Page 125 of 263 Meridian City Council May 26,2020 Page 43 of 48 Cavener: Okay. Simison: Well, it -- so, this is the interesting part, because we were both on that same call and I heard something different from them. I heard one of their council members say exactly the opposite, that they don't feel like they have the time to invest in this, that this is not in their priority, and so I think that you are -- you are going to get a different answer from different people based upon what you want to do and to this -- now, I'm just going to speak from my comments on that call is I said I don't know what Council's vision is and so I think that what you decide and what you want to do and how you are going to do it probably impacts the response you are going to hear from them about their element and I'm only speaking for one of them where they said you guys actually get paid to do the work, they don't. So, taking on additional responsibility for one of them was like -- I'm not going to say no, but it's not something I'm signing up to do in this call by any stretch of the imagination. So, I think defining what your -- what you want and your expectations will help them determine whether or not they may want something similar or not and with whom. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I think from my perspective the number one priority is the flow of data from West Ada and their plans to us and I -- and I actually feel like the right first step -- I'm very encouraged, you know, that at a leadership level you are having discussions with them directly, that the Council President is having discussions, and I wouldn't want to change that. Like I think that having people who can speak with authority, that have a good grip on the consensus of our group is important, so I don't want to disrupt that information flow. I do think the most important first step would be -- I'm hoping they really buy into the idea that we are dedicating a planner to help work with them and that -- and really if we can get that individual to start getting a great working relationship with them that to me is the most important aspect of it, so that we have better information about their enrollment and their capacity and their expansion plans and projections. I would love to give that a try and, then, come back to this discussion if we really feel like we are not getting what we need. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just to follow up on that, that was my thinking as well, what Council Member Strader just said, was I -- I'm not opposed to having the -- a potential liaison assigned to West Ada, but I would like to see how this staff person works with West Ada and the information they get and just give that a try and not that it would preclude us from doing this later on, but just -- just to see what -- what -- what fruit that brings back to us in this process. So, it's just one of those things that I'm really interested in seeing that and appreciate you, Mr. Mayor, bringing that forward as a -- as a potential solution to try to Meridian City Council Meeting Agenda June 2,2020— Page 126 of 263 Meridian City Council May 26,2020 Page 44 of 48 enhance the information flow to us, because the decisions we make do impact them. So, yeah, I'm just kind of more of a wait and see mode to see how that plays out. Simison: And I will say from the call that we had I think that there -- at least at the trustee level there was a real desire to -- they understood hearing the information, again, what it is that we are looking for and want to be part of helping that occur. Obviously, this will be a staff -- a staff level when that comes on and it will be that -- need that buy in as well, but I have committed to working with the superintendent to help make sure that that is occurring and -- her and I have not talked about this since COVID in any real meaningful way and she was not part of this conversation, so that's where this next phase of this communication will be occurring for the meaningful part. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: And to piggy back on your comment, I -- after -- after speaking with the trustees think that I'm -- I'm fairly confident they understand the urgency of what we are talking about and I think that they have listened to our meetings and they understand that -- the information that we are wanting to hear and, honestly, I think that we are just being proactive, you know, and I think that they understand that -- that we are reaching out to them in good faith and wanting information that will honestly, when we get it -- and I understand that information is somewhat complicated and I know that -- that they are working on it to make it less complicated and that -- that information is only going to help out the citizens of Meridian and I think they understand that. So, I'm grateful for the trustees and for the time spent. I'm grateful for the time spent going forward and, again, I'm confident that -- that something fruitful will come from these discussions. There is no doubt. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I love the conversation and -- and I think maybe, then, the liaison piece might be getting a little too ahead of our skis right now with everything else that's going on, but maybe a request for this follow-up meeting is them coming up with a better plan to give us some type of transfer of knowledge about changes to capacities in schools -- Bernt- Right. Cavener: -- I think it can be frustrating for us as Council that we hear about changes that are happening in the school district from the development community and not from our trustees and -- and hearing from them, especially with -- even there is ideas that are being conceived, I think that's very very helpful for us and so until we get this staff member coming on, some type of an approach that they feel there is a flow of communication either to -- here is a monthly update to staff or a quarterly update to staff or to Council, Meridian City Council Meeting Agenda June 2,2020— Page 127 of 263 Meridian City Council May 26,2020 Page 45 of 48 just that we can be better kept in the loop and -- and if there is things that they want to hear from us, that we work to provide that to them as well, because it should be a two way street. It shouldn't just be trustees give us all this information and, then, we take it and run. It should be a full conversation both ways. Simison: Well, I'm not going to speak for your Council President, but I do believe that he is engaged in this conversation and is a de facto liaison and I believe that their board trustee president is also committed to the conversation. So, I think you have got a good communication point of occurring right there. It was not that formalized or whatnot moving forward. Cavener: Second. Simison: It appears -- it appears that that conversation is occurring. Bernt: And Mr. Mayor? Simison: Councilman Bernt. Bernt: Councilman Cavener, one of the questions that we asked them was exactly what you just stated almost verbatim and so, you know, the ball is sort of quasi in their court, you know, and they didn't say no and they were -- they were receptive and so I wrote down your information in regard to like a monthly or a quarterly update until our planner is -- a position is on board and so I will -- we will discuss that -- I will discuss that with him on Friday as well. Cavener: And Mr. Mayor? Simison: Councilman Cavener. Cavener: To that point I think starting those reports will also help to frame some of the things that are key priorities for the Mayor and Council for this new person to really embrace once they have got their feet underneath them in this new role. Simison: Yeah. So, I just want to, again, put realistic expectations. You are talking to two trustees, not the superintendent and not to staff. Bernt: It's a process. Simison: So, any -- any conversations we are having where requesting has multiple layers, because it's got to go through even at the district before anything may or may not be prepared, which is why I have always gone back to us having a staff member will get you the information -- Bernt: Right. Meridian City Council Meeting Agenda June 2,2020— Page 128 of 263 Meridian City Council May 26,2020 Page 46 of 48 Simison: -- that you desire. But we will do our -- we will continue the conversation and see where it leads. Bernt: Ditto. Simison: Councilman Borton, any words of wisdom? Item 11: Future Meeting Topics Simison: Okay. With that we are to Item 11. Any items of future meeting topics? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I have a suggestion about a future meeting topic and I would like to feel out my fellow Council Members a little bit if they would like to put that on a future agenda. You know, recently being new to Council I have discovered that occasionally we have an applicant who is an LLC. LLCs are very common legal entities in real estate. I own several LLCs. There is not an issue with that. But I personally think it would be helpful to have at least some information about significant underlying beneficial owners of LLCs, so that I could establish for myself if I have a conflict of interest. To me just knowing that there is an LLC, especially a nondescript one, isn't enough information and I just think, you know, for the sake of being able to, you know, kind of get that minimum information that exploring that with the Legal Department to see if there is a way to get that information without violating fair housing laws would be of interest and I wanted to check if my fellow Council Members would be interested in that, exploring that for a future meeting topic. Simison: Yeah. And when I spoke with the Council Woman Strader on this topic the real question is how can you declare a conflict if you don't know who you are talking to. Borton: Mr. Mayor? Simison: Mr. Borton. Borton: The purpose of the request itself makes it certainly appropriate for some continued discussion. Anything that we can explore that improves transparency in how we do our business and can provide greater opportunity to avoid even unforeseen conflicts and disclose them, be aware of them earlier, then, by all means it seems to be rooted in a great purpose. So, some future exploration on what it might mean in a future agenda sounds wise. Simison: And perhaps we could have Mr. Nary prepare some information on this topic that can be discussed and what it means. Nary: We can do that. Meridian City Council Meeting Agenda June 2,2020— Page 129 of 263 Meridian City Council May 26,2020 Page 47 of 48 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Either a potential topic or maybe a -- something -- again, I don't know if it could be addressed or if we would want to address it administratively. I have heard from some citizens -- and maybe you have, too, with some concerns about individuals with mobile sales licenses coming to their door without wearing masks and they are concerned about that. It's -- frankly, it wasn't something that I was even thinking about and I don't know where the governor is headed in terms of easing restrictions, if it's a moot point, or if that's something that we would want to discuss during this COVID-19 crisis, requiring those with mobile sales licenses to be wearing a mask, if we don't want to require them to wear a mask -- it was something that just -- I heard from -- from three different folks this week inquiring about our process on that and I offered that I would at least bring it up to the Council level to see if it's something we wanted to discuss. Simison: So, my recommendation would be to maybe, again, have Deputy Attorney Kane provide a written information to you all about what that would entail if you want to go down that road, because to my knowledge there is no -- nothing like that is put out there by the governor and so it would have to be a local action. Cavener: Mr. Mayor, that's my understanding as well. I just didn't know if that was something that we even wanted to discuss. You know, what I had shared with those citizens is that I felt like that we are more on the downhill run in terms of the requirements at the state level, provided I thought some suggestions to those individuals that they could do to mitigate it on their own, i.e., not opening the door, but at least two of them persisted that they wanted at least, you know, the Council to at least be aware of their concerns and see if there was anything that we wanted to do about it and, honestly, I don't have an opinion either way, I just -- I brought it up in case that was something that we did decide we want to run with. Simison: I don't want to go into the conversation, but I think that, you know, we start with the information we will provide to Council and, then, if we get further direction to add it on we can go from there. Cavener: Okay. Great. Thank you. Nary: We can do that. Hoaglun: Mr. Mayor, just a comment on that. I think that information will be helpful and maybe, you know, attorney -- the attorney could also make sure they don't start their opening line if they have to wear a mask -- I'm here to see if you would part with some money. That would not be a good opening line. Simison: Council, anything else under future meeting topics? If not, I will entertain any other motions you would like to make for the evening. Meridian City Council Meeting Agenda June 2,2020— Page 130 of 263 Meridian City Council May 26,2020 Page 48 of 48 Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Mr. Mayor -- Horton: Second. Simison: I have a motion and a second 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. We are adjourned. Have a good evening, everyone. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:29 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 6 / 2 / 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Meridian City Council Meeting Agenda June 2,2020— Page 131 of 263 E IDIAN I DA 0 N L H tl* W CITY COUNCIL REGULAR MEETING AGENDA Item Title: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting Meeting Notes,. C-/WE!P��! ITEM SHEET Council Agenda Item - 5.A. Presenter: Estimated Time for Presentation: 0 Title of Item -Approve M inutes of May 12, 2020 City Council Work Session Council Notes: rAT T=AC HEM EON ATSM: Description Type Upload Date ��Meeting Minutes Minutc REVIEWERS: Clerk. Johnson, Chris Approved 5/22/2020 - 9:19 AM Meridian City Council Meeting Agenda May 26,2020— Page 6 of 616 Meridian City Council Work Session May 12,2020 Page 22 of 22 Simison: Okay. Well, now that I see we have our quorum reestablished, we will hopefully try to get through this roll call vote and -- and, then, we can end this work session. So, Madam Clerk, if you wouldn't mind restart calling of the roll for this item. Roll call: Bernt, yea; Borton, yea; Cavener, absent; Hoaglun, absent; Strader, yea; Perreault, yea. Simison: All ayes. Motion carries. MOTION CARRIED: FOURAYES. TWOABSENT. Simison: We have reached the end of our agenda. Do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Strader: Second. Simison: I have a motion and a second to adjourn the meeting. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Nays? The ayes have it. We are adjourned. We will see you back at 6:00 at o'clock. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:43 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 5 / 26 2020 MAYOR ROBERT E. SIMISON DATEAPPROVED ATTEST- CHRIS JOHNSON - CITY CLERK Meridian City Council Meeting Agenda May 26,2020— Page 28 of 616 C-/WE!P��! ITEM SHEET Council Agenda Item - 5.B. Presenter: Estimated Time for Presentation: 0 Title of Item -Approve Minutes of May 12, 2020 City Council Regular Meeting Council Notes: rAT T=AC HEM EON ATSM: Description Upload Date ��Meeting Minutes Minutc REVIEWERS: Clerk. Johnson, Chris Approved 5/22/2020 - 9:19 AM Meridian City Council Meeting Agenda May 26,2020— Page 29 of 616 Meridian City Council May 12,2020 Page 71 of 71 Simison: Okay. Are there any other future meeting topics? If not, I would entertain a motion. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Second. Simison: I have a motion and a second to adjourn the meeting. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Those opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 10:13 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 5 / 26 /2020 MAYOR ROBERT E. SIMISON DATEAPPROVED ATTEST- CHRIS JOHNSON - CITY CLERK Meridian City Council Meeting Agenda May 26,2020— Page 100 of 616 ITEM SHEET Council Agenda Item - 5.C. Presenter: Estimated Time for Presentation: 0 Title of Item - Stapleton Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 2 Council Notes: AL&M ATTACHMENTS: Description Typ Upload Date _AEasement "Exhibit 15/21/202C REVIEWERS: Clerk. Johnson, Chris Approved 5/22/2020 - 9:19 AM Meridian City Council Meeting Agenda May 26,2020— Page 101 of 616 ADA COUNTY RECORDER Phil McGrane 2020-062948 BOISEIDAHO Pgs=6 VICTORIA BAILEY 05/28/2020 09:13 AM Project Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE Stapleton Subdivision No. 1 Sanitary Sewer&Water Main Easement Number: 2 Identify this Easement by sequential number if Project contains more than one easement of this type. See Instructions for additional information). SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 26th day of Mai, , 20 20 between C17, LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the Sanitary Sewer and Water Main Easement REV.05/31/2019 Meridian City Council Meeting Agenda May 26,2020— Page 102 of 616 purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers,or transferees of any kind. IN WITNESS WHEREOF,the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: /I) STATE OF IDAHO ) ss County of Ada This record was acknowledged before me on 4gf :#I Z7,*zozD(date) by —J Co (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of �—' 1-1 L—Le., (name of entity on behalf of whom record was executed), in the following representative capacity: (ty e of authority such as officer or trustee) 41# s *00 6600 A I - .0 0, 1,T40 TA Ry ow 0 Notary §�ignature I P 0 ' 0 My Commission Expires: UBLIC 0 0 J Sanitary Sewer and Water Main Easement REV.05/31/2019 Meridian City Council Meeting Agenda May 26,2020- Page 103 of 616 i i GRANTEE: CITY OF MERIDIAN Robert E. Simison Mayor Attest by Chris Johnson,City Clerk STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 5-26-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. I i Notary Signature 3-28-2022 My Commission Expires: Sanitary Sewer and Water Main Easement REV.05/31/2019 I Meridian City Council Meeting Agenda May 26,2020— Page 104 of 616 5awtooth Land Surveyin6j, LLC P: (208) 358-5104 f: (206) 3�8-8 105 2030 5. W35hincjton Ave., Emmett, ID 63G 17 December 4, 2019 Sewer/Water Easement No. 2 Stapleton Sub. No. 1 BASIS OF BEARINGS for this legal description is South 003248"West, between an aluminum cap marking the E1/4 corner of Section 25 and 30 and an aluminum cap marking the corner common to Sections 25, 30, 31 and 36, both in T. 3 N., R. I W., B.M., City of Meridian/ Ada County, Idaho. A parcel of land located in the E1/2 of the SE1/4 of Section 25, T. 3 N., R, I W., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at an aluminum cap marking the E1/4 corner of said Section 25; Thence South 003248"West, coincident with the east line of said SE1/4 of Section 25, a distance of 633.71 feet; Thence North 89027'12"West, 205.00 feet; Thence North 003248" East, parallel with said east line of the SE1/4 of Section 25, a distance of 52.02; Thence North 89027'12" West, 164.00 feet; Thence South 003248"West, parallel with said east line of the SE/14 of Section 25, a distance of 50.00 feet; Thence North 89027'12" West, 105.00 feet; Thence South 003248"West, parallel with said east line of the SEI/4 of Section 25, a distance of 47.40 feet; Thence North 89027'12" West, 47.00 feet; Thence South 003248"West, parallel with said east line of the SEI/4 of Section 25, a distance of 3.61 feet; Thence South 54042'32"West, 16.04 feet; Thence South 003248"West, parallel with said east line of the SE1/4 of Section 25, a distance of 41.00 feet; P 2 0 1 9 \ 1 9 2 0 1 - S T A P L E TO N S U B 1 � S u r-v e y \ D r a w i n g s \ D e s c; r i p t i o n s \ 1 9 2 0 1 sewer water ria 2 . d o c x P a Meridian City Council Meeting Agenda May 26,2020— Page 105 of 616 Thence South 89027'12" East, 1.00 feet; Thence South 003248"West, parallel with said east line of the SE1/4 of Section 25, a distance of 105.00 feet; Thence North 89027'12" West, 98.00 feet; Thence South 003248"'West, parallel with said east line of the SE1/4 of Section 25, a distance of 146.00 feet; Thence South 89027'12" East, 4.00 feet to the POINT OF BEGINNING; Thence continuing South 89027'12" East, 30.00 feet; Thence South 003248"West, parallel with said east line of the SEI/4 of Section 25, a distance of 200.00 feet; Thence North 89027'12"West, 20.00 feet; Thence North 0032'48" East, parallel with said east line of the SE1/4 of Section 25, a distance of 118.00 feet; Thence North 89027'12"West, 10.00 feet; Thence North 003248" East, parallel with said east line of the SE1/4 of Section 25 , a distance of 82.00 feet to the POINT OF BEGINNING. The above described parcel contains 4820 square feet more or less. .ONL 'PIL C, 0 0 0 POVO F' : \ 20 1 9 \ 1 920 1 - STAPLE TON SLJ 8 1 \ SLirN/ e \/\ Drawings � Descriptiolls 'k 'I 920 1 sevver wa ter no 2 d o c x P a a P 12 Meridian City Council Meeting Agenda May 26,2020— Page 106 of 616 N.HARRIS�T. T 3 N., R 1 W., B.M. 4 J�ORNER SECTION 25 ILLEGIBLE QP&F 9149708 NTS N8927'12'W 164.00' N 89'27'12"W 105,00' N 8927'12"W 205.00' LI 47.00' f 69'27')2'1'1 Ln L3 LINE TABLE UNE BEMING DISTANCE LI S 0'3248"W 3.61' L2 3-5-4*-42r3-2"W 16.04' L3 S 891271121 E j.001 N89'27'12"W 98.00' Lq SW27'12"E 1.00, L5 S&271Z E 30.00' 1-6 N 89-2712"W 20.00-- L7 N Y9—*2-7 91-2�' W 70-0-07— Lri IVINr OF BEGINNING L4 L5 1\L LLAA C7 0 ;0 A L7 -1 21 0 C! C) W±1 �Y RD. CP&r 103052681 36 31 L PROJECT: OWNERIDEVELOPER: — DWG# STAPLET-ON SUBDIVISION NO. 1 2030 S. WASHINGTON AVE. 19201-EX CONGER GROUP EMMETT ID 83617 SEWERIWATER EASEMENT NO. 2 P: (208)398-8104 PROJECT# MERIDIAN,IDAHO F. (208)398-8105 19201 SHEET DATE.* 1212019 WWW.SAWTOOTHLS.COM 1 OF1 Meridian City Council Meeting Agenda May 26,2020- Page 107 of 616 ITEM SHEET Council Agenda Item - 5.D. Presenter: Estimated Time for Presentation: 0 Title of Item -TM Crossing No. 4 Water Main Easement No. 1 Council Notes: ATTACHMENTS: Description Typ Upload Date _AEasement "Exhibit 15/21/202C REVIEWERS: Clerk. Johnson, Chris Approved 5/22/2020 - 9:19 AM Meridian City Council Meeting Agenda May 26,2020— Page 108 of 616 ADA COUNTY RECORDER Phil McGrane 2020-063466 Proieet Name(Subdivision): BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 05/28/2020 12:42 PM TM Crossing#4 CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number: Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). 1 i WATER MAIN EASEMENT i i THIS Easement Agreement, made this 26th day of May , 20 20 between SCS Investments LLC, an Idaho limited liability company, DWT Investments LLC, an Idaho limited liability company, and BVASB Ten Mile Phase 2 Building LLC,an Idaho limited liability company (collectively"Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); i t I WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and k WHEREAS, the water main is to be provided for through underground pipelines to be j constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE,in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertalung such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Meridian City Council Meeting Agenda May 26,2020— Page 109 of 616 Water Main Easement Version 01/01/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SCS INVESTMENTS LLC, an Idaho limited liability company By: 14ZJ,4 j 71, 41 ( Michael A. Hall, P'res'ide-nt DWT INVESTMENTS LLC, an Idaho limited liability company By: Brighton Corporation, its Manager By: �/ Robert L. Phillips, President BVASB TEN MILE PHASE 2 BUILDING LLC, an Idaho limited liability company By its Executive Managers BV Management Services, Inc., an Idaho corporation By: Cortney Liddiard, President Brighton Corporation, an Idaho corporation By: Rob`eh-l�'Phillips, President Water Main Easement Meridian City Council Meeting Agenda May 26,2020— Page 110 Y4Mion 0 1/0 1/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WIIEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SCS INVESTMENTS LLC, an Idaho limited liability company By: Michael A. Hall, President DVVr INVESTMENTS LLC, an Idaho limited liability company By: Brighton Corporation, its Manager By: Robert L. Phillips, President BVASB TEN MILE PHASE 2 BUILDING LLC, an Idaho limited liability company By its Executive Managers BV Management Services, Inc., an Idaho corporation r By: C-1 Codney Liddiard, PKesident Brighton Corporation, an Idaho corporation By: Robert L. Phillips, President Meridian City Council Meeting Agenda May 26,2020— Page 111 of 616 Water Main Easement Version 01/01/2020 STATE OF IDAHO : ss. County of Ada This record was signed or acknowledged before me on kk 2020, by Robert L. Phillips, President of Brighton Corporation,the Manager of DW;r Investments LLC. =DA MIC C(­U-RIR-Y' COMMISSION#29W8 NOTARY PUBLIC STATE OF IDAHO Not* Public for Idaho L/ MY COMMISSION EXPIRES 04/16ran My Commission expires k5 zo -s [-' - - ---- - - - - -- STATE OF IDAHO ss. County of Ada This record was signed or acknowledged before me on 2020, by Michael A. Hall, President of SCS Investments LLC. EAPRIL ALAINE COMMSSION M3192 NOTARY PUBLIC STATE OF IDAHO Notary P�blic for Idaho -Ivc, W, 11 - - - - My Commission expires Mad ��4& STATE OF IDAHO ss. County of Bonneville This record was signed or acknowledged before me on 2020, by Cortney Liddiard, as President of BV Management Services, Inc., an Executive Manager of BVASB Ten Mile LaSalle Building LLC. Notary Public for Idaho My Commission expires STATE OF IDAHO ss. County of Ada This record was signed or acknowledged before me on 2020, by Robert L. Phillips, as President of Brighton Corporation, an Executive n SB Ten Mile LaSalle Building LLC. AAMAAJNDA MCCURRY COMMISSION#29528 Notary Public for Idaho NOTARY PUBUC My Commission expires /1.51 STATE OF IDAHO MY COMMISSION EXPIRES 041VYP�P�3 , I -4F-W0'V"-G"V-�, -, -.,� , Water Main Easement Version 01/01/2020 Meridian City Council Meeting Agenda May 26,2020- Page 112 of 616 STATE OF IDAHO : ss. County of Ada This record was signed or acknowledged before me on 2020, by Robert L. Phillips, President of Brighton Corporation, the Manager of DW-r Investments LLC. Notary Public for Idaho My Commission expires STATE OF IDAHO ss. County of Ada This record was signed or acknowledged before me on 2020, by Michael A. Hall, President of SCS Investments LLC. Notary Public for Idaho My Commission expires STATE OF IDAHCr ss. County of Bo-mfleville This record was signed or acknowledged before me on L 2020, by Cortney Liddiard, as President of BV Management Services, Inc., an E)�ecutive Manager of BVASB Ten Mile LaSalle Building LLC. NOTARY PUBLIC Luke Stoddard 707303 Commission ExPires July 18.202.1 Notary Public for STATE OF UTAH My Commission expires Iv7-I STATE OF IDAHO : ss. County of Ada This record was signed or acknowledged before me on 2020, by Robert L. Phillips, as President of Brighton Corporation, an Executive Manager of BVASB Ten Mile LaSalle Building LLC. Notary Public for Idaho My Commission expires Water Main Easement Meridian City Council Meeting Agenda May 26,2020— Page 11 V09fon 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada This record was acknowledged before me on May 26th , 2020 by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature March 28,2022 My Commission Expires: Meridian City Council Meeting Agenda May 26,2020— Page 114 of 616 Water Main Easement Version 01/01/2020 E N G I N E E R I N G April 9,2020 Project No.18-160 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement,situated in a portion of the Northeast 1/4 of the Southwest 1/4 of Section 14,Township 3 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho, and being more particularly described as follows: Commencing at a found aluminum cap marking the West 1/4 corner of said Section 14,which bears N89*11'30"W a distance of 2,656.47 feet from a found aluminum cap marking the center 1/4 corner of said Section 14,thence following the northerly line of said Southwest 1/4,589'11'30"E a distance of 2,161.16 feet to a found 5/8-inch rebar marking the Northeast corner of TM Crossing Subdivision No. 1 (Book 112 of Plats, pages 16,327-16,330); Thence leaving said northerly line and following the easterly boundary line of said TM Crossing Subdivision No. 1,SOO*48'18"W a distance of 415.06 feet to the POINT OF BEGINNING. Thence leaving said easterly subdivision boundary line,S89'12'12"E a distance of 182.53 feet; Thence NOO*47'48"E a distance of 20.35 feet; Thence S89'12'12"E a distance of 16.00 feet; Thence SOO'47'48"W a distance of 20.35 feet; Thence S89'12'12"E a distance of 176.72 feet; Thence SOO'18'58"W a distance of 20.01 feet; Thence N89*12'12"W a distance of 279.46 feet; Thence SOO*47'48"W a distance of 30.51 feet; Thence N89*12'12"W a distance of 16.00 feet; Thence NOO*47'48"E a distance of 30.51 feet; Thence N89*12'12"W a distance of 79.97 feet to said easterly subdivision boundary line; Thence following said easterly subdivision boundary line, NOO*48'18"E a distance of 20.01 feet to the POINT OF BEGINNING. Said parcel contains a total of 8,324 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds,record of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. Attached hereto is Exhibit B and by this reference is hereby made a part of. OL LAIVO CD\1) 11\cENSe -4 1 662 OF Y K K, 9233 West State Street Boise, Idaho 3714 208.639.6939 I(menglIp.corn Meridian CityCouncil Meeting Agenda May26,2020— Page 115 of 616 3 182.53 176.72 n89'12'12"w s89*12'1 2"c n89'12'12"w s89'12'12"c 79.97 279.46 Title: Date: 04-09-2020 Scale: I inch 80 feet File: Tract 1: 0.191 Acres: 8324 Sq Feet:Closure=s84.5133e 0.01 Feet: Precision=1/96074: Perimeter=892 Feet 001=s89.1212e 182.53 006=sOO.1858w 20.01 01 1=n89.1212w 79.97 002=nOO.4748e 20-35 007=n89.1212w 279.46 012=nOO.4818e 20.01 003=s89.12]2e 16.00 008=sOO.4748w 30.51 004--sOO.4748w 20.35 009=n89.1212w 16.00 005=s89,1212e 176.72 0 1 O=nOO.4748e 30.51 Meridian City Council Meeting Agenda May 26,2020— Page 116 of 616 POINT OF COMMENCEMENT CENTER 1/4 CORNER WEST 1/4 CORNER SECTION 14 SECTION 14 BASIS OF BEARING .................................. ...........................N89-1 1'30"W 2656.47' 42161.16' 495.31 TM Crossing �: Sub. No. 1 00 :-- 0 BVASB Ten Mile Phase 2 Building LLC co 0 01 POINT OF L2 BEGINNING _(�-y ) S89*12'1 2"E 182.53' (0m) S89*12'12"E176.72' L8 S89*12'12"E 279.46' J _J 6­6 L6 TM Crossing Sub. No. 2 N 3,�NL LAND \cENS LINE TABLE 16662 LINE BEARING DISTANCE 0 40 80 160 Ll NO*47'48"E 20.35 0 F L2 S89'1 2'11 2"E 16.00 Y K Plan Scale L3 SO'47'48"W 20.35 LEGEND L4 S0'11 8'58"W 20.01 FOUND ALUMINUM CAP L5 SO*47'48"W 30.51 FOUND 5/8-INCH REBAR z L6 N89*12'11 2"W 16.00 LE 0 CALCULATED POINT lam -PARCEL BOUNDARY LINE L7 NO'47'48"E 30.51 SECTION LINE L8 N89*12'12"W 79.97 -- ------EASEMENT LINE L9 N0*48'11 8"E 20.01 cb ENGINEERS.SURVEYORS.PLANNERS 9233 WEST STATE STREET BOISE,IDAHO 83714 PHONE(208)639-6939 FAX(208)639-61 Exhibit B City of Meridian Water Easement DATE: April,2020 6 PROJECT: 18-160 o Situated in the NE 1/4 of the SW 1/4, Section 14, Township 3 North, SHEET: 1 OF I Range 1 West, Boise Meridian, City of Meridian, Ada County, ID &: - ___j Meridian City Council Meeting Agenda May 26,2020- Page 117 of 616 (L-'-/WEKZ ITEM SHEET Council Agenda Item - 5.E. Presenter: Estimated Time for Presentation: 0 Title of Item - Final Plat for Warrick Subdivision No. 2 (H-2020-0044) by Schultz Development, Located at 2445 E.Amity Rd. Click Here for Application Materials Council Notes: Ak ATTACHMENTS: Description Typ( Upload Date ��Staff Report �Staff Report REVIEWERS: Clerk. Johnson, Chris Approved 5/22/2020 - 9:19 AM Meridian City Council Meeting Agenda May 26,2020— Page 118 of 616 STAFF REPORT El� COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/26/2020 Legend DATE: Project Location TO: Mayor&City Council 0— [E . . . FROM: Alan Tiefenbach,Associate Planner 208-489-0573 Bruce Freckleton,Development Services Manager 208-887-2211 SUBJECT: H-2020-0044 Warwick Final Plat No 2 LOCATION: 2445 E. Amity Rd. in the NE 1/4of Section 32,T.3N.,R.I E. 1. PROJECT DESCRIPTION Final Plat consisting of 19 building lots and 4 common lots on 3.66 acres of land in the R-8 zoning district. This is the second phase of the Warrick Subdivision. 11. APPLICANT INFORMATION A. Applicant Schultz Development—PO Box 1115,Meridian, ID 83680 B. Owner: Calistoga Partners,LLC—2275 S. Eagle Rd# 185,Meridian,ID 83642 C. Representative: Schultz Development—PO Box 1115,Meridian, ID 83680 111. STAFF ANALYSIS The preliminary plat for this development was approved by City Council on 12/6/2018. The preliminary plat consisted of 130 building lots and 19 common lots. The final plat for the first phase was approved by Council on 4/16/2019. This is the second phase,consisting of 19 building lots and 4 common lots on 3.66 acres. Page I Meridian City Counci I Meeting Agenda May 26,2020— Page 119 of 616 Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3 C.2. Because the final plat depicts the same number of building lots and qualified open space as shown on the approved preliminary plat, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required.No amenities were required with this particular phase. All development shall comply with the dimensional standards listed in UDC Table I I-2A-5 for the R-8 zoning district and UDC Table I I-2A-6 for the R-8 zoning district. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 1/14/2019) �7 01 31 T"C"ITRIE10M F71 7 L4'1)P�C�L STR�SECrIDIN X �TANIAI—I—N— t 2�" mi qg �4 11. w N Z SOUTHERN HIGHLANDS SUE3 All—i FKP'n AN-F Page 2 Meridian City Council Meeting Agenda May 26,2020— Page 120 of 616 B. Final Plat(date: 4/4/2020) PLAT SHOWING A— W&F WARRICKSUBDI VISION NO. 2 __1 'A,�21 ....... E min LOCATED IN THE NW 1/4 OF THE NE 1/4 OF SECTION 32, T.3N., R.11E., SOOS �7 B.M., ADA COUNTY, IDAHO 2020 �4 SM'4S*3'E�.W SON,lo. OHOPOSAIT —mmiIIL SOL, Al. I", I... E_�W. Rum I u A. SI A- Al­ 03 .17w G OA �1 OQ 1SI ­27TIP M-Sr T I Ns ci-vu.—_zm -.A S-7w. Smir S, vie 'W 31=O4� 15 . S.33 N" SADD WX Et L_---,,TA ANSI ST. I-, SCALE��, 1' 50' Y N.""42S4'�;1? [1 .­�'IT,— _��ISI 7 m.1or s L1 FrI 3 �R­ 0 —NO�/l IN-FAR. 7— �j A, O�V�xmkmv vo I NOTES .1 IS SET 14"ON IN.1.1 IS T7. SSI I '­ N TEN c102 ADS P­ T PUDIJO ITL­PROP­ SA'__'D N­ 1­1 TO TEREDY...-D—D ALL IIET 5�ISON PIN MITI ON PLS 7729 DRAINA.'A m"r b ONTO A PUBI INGHT-0— A FOOTD�P—ENT CT 7VIX')Y DEOI RATED �ALOLIA=PONT ADE AND P­­79M EAOSVENT I$ ­1AD ALJ_REA LCT "I""O__11 E.1" ..NO— @ 21=SCALE—T I�N. _AO UNES AS SNI 1TE­EASENIENIOE ARE AS Si-ON THIS .7 LLNE L THS ­DPIVENT R—SIES­COOF.11-�DH­4�—T TO FASIN. EP TOM­4­*TCH—'ND AGAI­CININ lCH ON M APPU­TO IN IT. 'LLb'SE CH K—E..N­IPI—ON­C..1.1 CHADNSIO C.01-1 1. lR EDRRCC. .FORI ­ACT I I — CRAN IN RIORT-OF-WAY�14E R, _'ON IT"ON,(')"'�UNTRN.'=T7.XD T,.""—. 'S ERO-H EECAN:PRO-M.—T THE PROMSIONS.OF­SECTM SHI SR '�T INE THE OP OT A�Y­­­AP­lC M �P—OPM 11­T NARALAION ---------------- IARENENI�Nr 9, A_L_'PTS...-�__A.E TO I" I IRROATON WAER�_L EE­CED TO THIS SUBINkASON N CID—ANIDES"7H IDAHO CODE TO A ON IS STLANE� THE KW YORK IRRICATOIT El.SI 1A I` 5; ION'_ S.111T RIGA79)1 TEl PILL CE CS1J­TO�LOT DY SAID DISTPlITT.EkDH LOT 5 D. ILALL.1 A—To 1�,-I AASESI TO—D—C, PA7­01.114EN—NOTE AWID PENSLIAHADAT ID-MENT UNE AN�.­11q.OR 7H.ITAT -.11 PAM.1 IP�IAALR RR.U11CND IN NOT 241, ­T ACHD PERMANENT-NEAT LINE b L11INUAT ILSOINI NOT NI OA­ I.. T ..-S. A 7111 1 Nli`­­1,9 PERI ON AS­­ PR-ED AND,`DR READUSPED, RE SHOft ON INS Pi— �Cil,S­—R.0 TH A..­11—11 LOT 11 L.. COARTO.—-.1­DOC.—C Al.WAI—INIT.1-HIND—Rl�l—Al. ITO�Ill 1111T 1141 TO K LOT&­I SHALL.CVfTAINE AN ACCESS-ENT AND 15 MAM TO 0%7,Q ZT.TV L1.I AN,11,D_I A L, POT ISI WCA I STATA.�SLI14-TO A OINSRATION AND MAINTSIX—E EASIDAENT NOR 4&95' .—­j A—Ol IS _ITC lo, A4A.7EmftlAA1 j— A, C-14 1P0 Pm II IDAHO ­0 ND.2C-125 �SURVEEY 5HEE c3ROU1 1,LLG Page 3 Meridian City Council Meeting Agenda May 26,2020— Page 121 of 616 C. Common Drive Exhibit(date: 4/9/2020) 40' 0 -CD < 04 ry 11-1-1 <1 20' 35' LW M LO 5F LO CD LLJ CD Q:� 30' 20' E. MADRIGAL ST. LO BLOCK I Page 4 Meridian City Council Meeting Agenda May 26,2020— Page 122 of 616 D. Landscape Plan(date: 4/7/2020) AMITY ROAD--7 PROJECT INFORMATION CITY OF MERIDIAN LANDSCAPE REQUIREMENTS E M-1— Pi FE ? 60 14D LANDSCAPE LEGE . .......... T F�7 F) MAP ITT PLANT SCHEDULE I commm NwE SIZE NOTES ID� LA 4 1 t T-77-77T F MADRIGAL STREET y LLI CALLOUT LECEND < 1� �,J IRRIGATION NOTES: z L z 0 LL, I C)<<EL -s"W Fn 0 9 Ld fr Lj CITY OF MERIDIAN OPEN SPACE Z Ei�m< REQUIREMENTS 0 0 �F! > <LU Z All, 11� C) cr WEED ABATEMENT NOTES7 CITY OF MERIDIAN FENCING < REQUIREMENTS T '�REA P EPARATION NOTES. 67R E�1,1 NTI R17M�� a —M2 ZI l H TREE MITIGATION NOTESL I f1j, -41 Z-1 7 LANDSC) A Page 5 Meridian City Council Meeting Agenda May 26,2020— Page 123 of 616 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0115,Development Agreement#2019-019693). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Council approval of the preliminary plat, or apply for a time extension, in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The landscape plan prepared by Breckon Land Design,dated 4/7/2020, is approved as submitted. 5. The final plat prepared by Gregory G. Carter, Idaho Survey Group, dated 4/04/20 shall be revised as follows: a. Note: #10: Insert ACHD instrument number. 6. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 7. Prior to the issuance of any building permits, the property shall be subdivided in accordance with the UDC. 8. Prior to signature on the final plat,the applicant shall submit a copy of the final street name evaluation from Ada County. 9. The applicant shall comply with the common drive exhibit attached as Exhibit V.D. 10. The rear and/or sides of 2-story homes on Lots 3-6 and 7,Block 1 that are visible from the arterial street(i.e. E.Amity Rd.) are required to 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 exemptfrom this requirement It. Future development shall be consistent with the conceptual building elevations included in the Development Agreement. 12. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster Sue Prescott at 887-1620 for more information. Page 6 — Meridian City Council Meeting Agenda May 26,2020— Page 124 of 616 B. Public Works Site Specific Conditions: 1. In addition to the internal street lights within the development, applicant shall be required to install one type 1 streetlight on E. amity road that is offset from the existing lights across the street. 2. Applicant shall adjust their sanitary sewer design to remove the mainline out of common driveway. In these cases,service lines shall be extended to the common drive lots from the mainlines located in the public right-of-ways. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC I 1-313-1 4A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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 Page 7 — Meridian City Council Meeting Agenda May 26,2020— Page 125 of 616 be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non- health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC I I-1-413. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The 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 I-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed.in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting(http://www.meridiancity.org/public—works.aspx?id=272).All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval,which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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 Page 8 Meridian City Council Meeting Agenda May 26,2020— Page 126 of 616 executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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 Water Department at(208)888-5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). 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 development plan approval. 24. 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 LJDC I I-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. Page 9 — Meridian City Council Meeting Agenda May 26,2020— Page 127 of 616 (L-'-/WEKZ ITEM SHEET Council Agenda Item - 5.F. Presenter: Estimated Time for Presentation: 0 Title of Item - Final Plat for Warrick Subdivision No. 3 (H-2020-0045) by Schultz Development, Located at 2445 E.Amity Rd. Click Here for Application Materials Council Notes: Ak ATTACHMENTS: Description Typ( Upload Date ��Staff Report �Staff Report REVIEWERS: Clerk. Johnson, Chris Approved 5/22/2020 - 9:19 AM Meridian City Council Meeting Agenda May 26,2020— Page 128 of 616 STAFF REPORT El� COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/26/2020 Legend DATE: Project Location TO: Mayor&City Council 0— [E . . . FROM: Alan Tiefenbach,Associate Planner 208-489-0573 Bruce Freckleton,Development Services Manager 208-887-2211 SUBJECT: H-2020-0045 Warrick Final Plat No 3 LOCATION: 2445 E. Amity Rd. in the NE 1/4of Section 32,T.3N.,R.I E. 1. PROJECT DESCRIPTION Final plat consisting of 31 buildable lots and 7 common lots on 10.31 acres of land in the R-4 and R-8 zoning districts. This is the third phase of the Warrick Subdivision. 11. APPLICANT INFORMATION A. Applicant Schultz Development—PO Box 1115,Meridian, ID 83680 B. Owner: Calistoga Partners,LLC—2275 S. Eagle Rd# 185,Meridian,ID 83642 C. Representative: Schultz Development—PO Box 1115,Meridian,ID 83680 111. STAFF ANALYSIS The preliminary plat for this development was approved by City Council on 12/6/2018. The preliminary plat consisted of 130 building lots and 19 common lots. The final plat for the first phase was approved by Council on 4/16/2019. This is the third phase, consisting of 31 building lots and 7 common lots on 10.31 acres.All development shall comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-4 and R-8 zoning districts. Page 1 — Meridian City Council Meeting Agenda May 26,2020— Page 129 of 616 The following amenities are proposed in this phase: a segment of the City's 10-foot wide multi-use pathway system along the Ten Mile Creek, and a micropathway which provides pedestrian connectivity from E.Alston Street to E. Ricon Street. The preliminary plat included an area of qualified open space east of a micropathway shown as Lot 9,Block 5.Although the micropathway remains on the final plat,the area of open space has been moved to Lot 19,Block 2. The total area of qualified open space has not changed and is consistent with the approved preliminary plat. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the final plat depicts the same number of building lots and qualified open space as shown on the approved preliminary plat, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat (date: 1/14/2019) Y j L72��e 0) T :Xv 1171111CAI -T- L) 3T�PICAL 5TREE7�E,711 M (7) -7 IV 4.1 PREUMNA- C EV­Efl­�TURH _SOUT-�ERN HC4HLANDS SUB Meridian City Council Meeting Agenda May 26,2020— Page 130 of 616 B. Final Plat(date: 4/6/2020) WARRICKSUBDIUSION NO 3 W,PRIC�vVD�vlm,�No 0 1v NOTW22-E 3 (D 0 9 0 0 'j V SUM' i S60, 3rE 1-s '41 kj @ @ % U R1�K C)1-1 ALSTON ST- -'4V1WW 41- e NW-41M'W 0-7' E.ALSTON S1 *k PONT OF —md 70,W 97 N 941' 7 T21. .... L3 T L------ S eWMERIA AyEv ------- N, \�l pew WI-2 ..T 4 I EGEND (D m—/, 4 (D "—I 11��--110,1�,IN 71111111: 0 I/-.IN.M WT-I-P�17. --A PONT A MMAlY UN� UN� L ALSTON 37. M—N, QUAIL'A' DET/JL V --------- W�- 1ATNW EAMI P--N-11 _-NI—NT SCALE: 1'-Go' ."T a U'7 I'll`-ILI IT JOE No.20-106 EY ....... SHEET 2 OF 5 LLC Page 3 Meridian City Council Meeting Agenda May 26,2020- Page 131 of 616 C. Common Drive Exhibit(date: 4/9/2020 IF 40' cr, C) :z 3E 40' CD zz U LJ CD nm� 20' ALSTON 31' n in Fage 4 Meridian City Council Meeting Agenda May 26,2020- Page 132 of 616 D. Landscape Plan(date: 4/8/2020) TOPSOIL NOTES PLAN-SCHEDULE PROJECT INFORMAT13N S ZZ LZ5P�;�LEGEND ............... -j CITY OF IVERIDIANOOLN SPACE REaL[REAAENTS tTT=7-- < 0 T CALLOUT LEGEND T� < 0--.— 0, @ 0---1-1111 Q L CITY Or MERICIAN FENCING R )IREMCINTS E —ZA S Q- LANUSC6EE ELAW 8 ONE �LANT SCHEDULE TURF AREA PREPARATION NOTES: V.;z MIMI 9 It LANDSCA E= i6-411 ---------- CITY OF MEAIDI�FENCING GITY OF MIRIDIAN LANDSCAPE REQUIREMEN IS REOLIREMENTS ------ Imp, F ZEE mm-'am- GIFY OF YERIDIA L < CA OUT LEGEND E, z SEED AHFA PREPARATION NCIT�S-. XA ------------ :z 12 NDSCAPE PLASE AR�A TWO Page 5 Meridian City Council Meeting Agenda May 26,2020— Page 133 of 616 7 CITY OF MERIDLAN PROJECT INFOPIMATION 7,77. LANDSCAPE REQUIREMENTS gn7 LANDSCAPE LEGENO fiRKEY MAP NP Vol ---------- CITY OF MERIDIAN FENCING REQUIREMENTS wig Lw CITY'OF MFRILIJAN OPEN SPAIC�i CALLOUT LEGEND REQUIREMENTS Z07 z > Z M Q M LLJ 0 LU CL COD a) �LANT SCHEDULE 0 L) 2: �X S) LANDSCAPF PLAN-ARFA THRIFF Page 6 Meridian City Council Meeting Agenda May 26,2020— Page 134 of 616 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0115,Development Agreement#2019-019693). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Council approval of the preliminary plat,or apply for a time extension,in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Gregory G. Carter, Idaho Survey Group, dated 4/06/20 shall be revised as follows: a. Note: #10: Insert pathway easement instrument number. b. Note: #11: Insert ACHD instrument number. c. Note#6: Remove the reference to Lot 1,Block 3 which is not located within the boundaries of this plat. 5. The landscape plan prepared by Breckon Land Design, dated 4/8/2020, is approved with the following modification: a. The ACHD drainage pond proposed on Lot 19,Block 2 shall be landscaped in accord with UDC I 1-313-11 C. Prior to signature on the final plat,the applicant shall provide a detail of the pond design that demonstrates compliance with the aforementioned standards. 6. Submit a copy of the final street name review letter from Ada County. 7. The Ten Mile Creek shall be protected during development. 8. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the multi-use pathway along the Ten Mile Creek prior to City Engineer signature on the final plat; coordinate the details of the easement with Kim Warren,Park's Department. 9. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. 10. The applicant shall comply with the common drive exhibit attached as Exhibit V.D. 11. Future development shall be consistent with the conceptual building elevations included in the Development Agreement. Page 7 Meridian City Council Meeting Agenda May 26,2020— Page 135 of 616 12. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster Sue Prescott at 887-1620 for more information. 13. The irrigation pond proposed on Lot 6,Block 8 is required to have recirculated water and be maintained such that it doesn't become a mosquito breeding ground in accord with UDC 11-3G- 3B.8. B. Public Works I. A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District, a floodplain permit application,including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6,until a LOMR is filed and approved by FEMA. 2. Street lights shall follow the established City numbering method. 3. Applicant shall be required to extend sanitary sewer"to and through"their development to provide serviceability to the neighboring property to the East. 4. This phase of the development will result in two dead-end water mains,which may result in poor water quality until such time as additional mains are tied in to provide circulation of water.. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC I I-3B-I 4A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. Page 8 Meridian City Council Meeting Agenda May 26,2020— Page 136 of 616 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non- health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3 C. 9. 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. 10. 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. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC I I-I 4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and Page 9 Meridian City Council Meeting Agenda May 26,2020— Page 137 of 616 approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting(http://www.meridiancity.org/public—works.aspx?id=272).All street lights shall be installed at developer's expense.Final design shall be submitted as part of the development plan set for approval,which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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 signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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 Water Department at(208)888-5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). 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 development plan approval. 24. 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 I I-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. Page 10 Meridian City Council Meeting Agenda May 26,2020— Page 138 of 616 (L-'-/WEKZ ITEM SHEET Council Agenda Item - 5.G. Presenter: Estimated Time for Presentation: 0 Title of Item - Findings of Fact, Conclusions of Law for Delano Subdivision (H-2019-0027) by Boll Cook Investments, LLC, Located at 14120 W. Jasmine Ln. and 2800 E. Jasmine Ln. Council Notes: ATTACHMENTS: Description KTYp( Upload Date Findings Findings/Orders 5/15/2020 ExhibitA Exhibit 5/15/2020 REVIEWERS: Clerk. Johnson, Chris Approved 5/22/2020 - 9:19 AM Meridian City Council Meeting Agenda May 26,2020— Page 139 of 616 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EF� ' N,­ AND DECISION& ORDER In the Matter of the Request for Annexation of 15.22 Acres of Land with R-8(3.31 Acres),R-15 (8.12 Acres) and R-40(3.79 Acres)Zoning Districts; and Preliminary Plat Consisting of Sixty Six (66)Buildable Lots for Single-Family Detached Homes,One(1)Buildable Lot for a Multi-Family Development,Eight(8) Common Lots and Two(2) Other Lots on 15.22 Acres of Land in the R-8, R-15 and R-40 Zoning Districts for Delano Subdivision,by Boll Cook Investments,LLC. Case No(s).H-2019-0027 For the City Council Hearing Date of: May 12,2020 (Findings on May 26,2020) A. Findings of Fact I. Hearing Facts(see attached Staff Report for the hearing date of May 12,2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 12, 2020,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 12, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 12,2020, incorporated by reference) B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19, 2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR DELANO SUBDIVISION—AZ,PP H-2019-0027 - I - Meridian City Council Meeting Agenda May 26,2020— Page 140 of 616 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 12,2020, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § I I-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation and zoning and preliminary plat is hereby denied per the Findings in the Staff Report for the hearing date of May 12,2020, attached as Exhibit A. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-652 1, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of May 12,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR DELANO SUBDIVISION—AZ,PP H-2019-0027 -2- Meridian City Council Meeting Agenda May 26,2020— Page 141 of 616 By action of the City Council at its regular meeting held on the 26th day of May 2020. COUNCIL PRESIDENT TREG BERNT VOTED AYE COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED ------- COUNCIL MEMBER LUKE CAVENER VOTED ------- COUNCIL MEMBER JOE BORTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED ------ (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-26-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR DELANO SUBDIVISION—AZ,PP H-2019-0027 -3- Meridian City Council Meeting Agenda May 26,2020— Page 142 of 616 EXHIBIT A STAFF REPORT C�WEI� COMMUNITY DEVELOPMENT DEPARTMENT HEARING May 12,2020 Legend DATE: Project Location 0 La k H� TO: Mayor&City Council Tam FROM: Sonya Allen,Associate Planner EE 208-884-5533 Bruce Freckleton,Development Services Manager 208-887-2211 SUBJECT: H-2019-0027 Delano Subdivision LOCATION: 2800& 14120 W. Jasmine Ln. History: This project was originally heard by the Commission on May 2, and July 18, 2019; at the hearing on July 18'h, the Commission voted to recommend denial of the project to City Council. The City Council heard the project on November 12, 2019; at that hearing, Council voted to remand the project back to the Commission to address the density issue of the proposed development andfor Commission's review ofa revisedplat with changes to lots proposed along the northern boundary of the subdivision that front on E. Della Street(e.g. single-story, detached units, lose a lot(s)). (See pg. 16for more information) Update: The Applicant submitted revisedplansfor the Commission hearing based on discussion at the City Council hearing and meetings with the neighbors, included in Section VIT The revisions include a reduction in the number of buildable lotsfrom 85 to 66; a change to the proposed zoning(the portion of the site along the north &west boundaries previously proposed to be zoned R-15 is now proposed to be zoned R-8); and a change to the conceptual building elevations. Staff has updated the subject staff report based on the revisedplans—original text that is no longer applicable is shown in strike-out and new text is shown in underlineformat. The conditions of approval in Section VIII are not in strike-outlunderlineformat as there were no conditions that wentforward to Council because the Commission recommended denial of the project; new conditions are included in accord with the revisedplans based on those originally recommended by Staff to the Commissionfor the May 2, 2019 hearing. A summary of the Commission hearing on April 16, 2020 is included on page 18. 1. PROJECT DESCRIPTION Comprehensive Plan m"ameadmefi4 to inelude 4.10 aer-es of land euFFen4ly in Boise's AFea of City impaet a-ad planaing area in Mer-idia-a's planning aFea with a Nfi�ied Use Regional Fulidfe Land Use Map designation;Note: The Comprehensive Plan Map amendment application is no longer needed as Page 1 Meridian City Council Meeting Agenda May 26,2020- Page 143 of 616 the Future Land Use Map (FLUM) was amended with the new Comprehenisve Plan to include an MU-R FL UM designation for this property. Annexation&zoning of 15.22 acres of land with R-8 (3.31 acres),R-15 (11.57 8.12 acres)and R-40 (3-.64 3.79 acres)zoning districts; and, Preliminary plat consisting of 85 66 single-family residential building lots, I building lot for a 96-unit multi-family development,and 12 8 common lots-and 2 other(common driveway)lots on 15.22 acres of land in the R-8,R-15 and R-40 zoning districts. 11. SUMMARY OF REPORT 1. Project Summary Description Details Page Acreage 15.22 Future Land Use Designation MDR(Medium Density Residential)in City of Mer-i & Mixed Use-Regional(MU`-R)4a-C4Vf-ef-Bei-&e Existing Land Use 2 existing homes&accessory structures Proposed Land Use(s) Single-family residential(SFR),attached&detaehed)_�nd conceptual multi-family residential(MFR) Current Zoning RUT in Ada County Proposed Zoning R-8,R-15 &R-40 Lots(#and type;bldg/common) 85 66 SFR building/128 common/I MFR building-and 2 other Phasing plan(4 of phases) Yes;23 phases Number of Residential Units(type 444 66 SFR detached units(19 attaehed/67 detaehed SFR-,_qnd of units) 96 MFR apartments) Density(gross&net) 7-.35 5.7(SFR,R-8&R-15)&27(MFR,R-40)gross units 7acre; 11.8(SFR,R 15)&27(MFR,R 40) 8.12 units/acre(SFR)(net) Open Space(acres,total[%] See Analysis, Section V.3 buffer/qualified) Amenities Shade struettwe,(2)play structures,benches,pedestr M walk-ways See Analysis, Section V.3 Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of February 25,2019;92 attendees attendees: Applicant met with the Alpine Pointe HOA Board on December 16'and 231,2019;the revised plan was presented to the HOA Board on Febnnary 18',2020-30+/-people attended(an official neighborhood meeting was not held as it wasn't required). History(previous approvals) None Page 2 — Meridian City Council Meeting Agenda May 26,2020- Page 144 of 616 2. Community Metrics Description Details Page Ada County Highway District • Staff report No Yes (yes/no) • Requires ACHD Yes(tentatively seheduled4e4�,-heard on May 22,2019) Commission Thisproject is being heard by the ACHD Commission because of Action(yes/no) objectionsfrom neighbors pertaining to the extension ofDashwood PL and connectivity to Centrepointe Way Fire Service • Distance to Fire L-34 miles from Fire Station#3 (can meet the response time requirements) Station • Fire Response 3 minutes under ideal conditions Time • Resource 82%from Fire Station#3-does not-meet the target goal of 9580%or Reliability greater • Risk 2-1 (LFRfe4dentia4)and 4(MFR)-current resources would not be Identification adequate to soply service to the proposed roject�(see comments in Section VIII.Q • Accessibility Meets requirements;FD is eaneemed as there is ne visitor par-king in the development r-estilting in people par-king in ai-7eas that may bleek aeeess to r-esidenees. See additional comments in Section VIII.C. • Special/resource Doesn't The MFR portion of the project will require an aerial device(see needs comments in Section VIII.C) • Water Supply Requires 1,000 gallons per minute for I hour(may be less if building is sprinklered) • Other Resources NA Police Service • Distance to 5 miles Police Station • Police Response 4:30 minutes Time • Calls for Service 0904 in RD 'M724' • Accessibility PD has no issues with proposed access • Specialty/resourc No additional resources are needed;MPD already services this area. e needs • Crimes 0119 • Crashes 026 West Ada School District * Distance(elem, Discovery Elementary-2.83 miles;Heritage Middle School-3.4-6 miles; ms,hs) Rocky Mountain High School-5,56.2 miles * Capacity of Discovery Elementary 650;Heritage Middle School 1,000;Rocky Schools Mountain High School 1,800 * #of Students Discovery Elementary-5-�51 1;Heritage Middle School 1-,2-5412.46;Rocky Enrolled Mountain High School 2-,44-92 4-69 * Anticipated 68 schoolaged children generated by this development Page 3 — Meridian City Council Meeting Agenda May 26,2020- Page 145 of 616 Wastewater • Distance to 0-feet Sewer Services • Sewer Shed Five Mile Trunkshed • Estimated 181 Project Sewer ERU's • WRRF 13.66 MGD Declining Balance • Project Yes Consistent with WW Master Plan/Facility Plan • Impacts& The following proposed manholes have less than 3'of cover:A-3,A-4,A- Concerns 5,C-I and D-5.Public Works has previously discussed with the applicant the possibility of using grinder pumps in these shallow areas,but the plans do not note the use of them.If the parcel to the north of the multi-family is to be served by Meridian,applicant must stub sewer at minimum slope in N. Centrcpointc Way to the north boundary line. Water • Distance to 0-feet Water Services • Pressure Zone 3 • Estimated See application information Project Water ERU's • Water Quality None • Project Yes Consistent with Water Master Plan • Impacts& Public Works has met with SUEZ Water and agreed that water service to Concerns the north for the multi-family portion of the development will be provided according to how annexation proceeds. Meridian will provide water in Meridian,and SUEZ will provide water in Boise. Page 4 Meridian City Council Meeting Agenda May 26,2020— Page 146 of 616 M.I Sol NONNI I..k AN 11 1 pill, , M !—;,H a MINNIE Rad 2POFEN NINE ;.r. I IIIH -7-1 all 21 min INS- 11M JENNE Miss gog IN- O'don in I a 61 Ri so ME., ..... ....... ....... 116 MITI. I M. B. Owner: Norm Cook- 14120 W. Jasmine Ln.,Boise,ID 83713 Eddy Bollinger-2800 E. Jasmine Ln.,Meridian, ID 83646 C. Representative: Lafea Bailey,Devee Development, 1=1=C; 4824 E. Fa4viewAve., Boise, 1P 83 Hethe Clark, Clark Wardle-251 E. Front St.,Boise,ID 83701 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date 4/12/2019; 6/28/2019; 8/2/2019; 8/30/2019; Newspaper Notification 2/25/2020; 3/27/2020 4/24/2020 Radius notification mailed to 4/9/2019; 6/25/2019; 7/30/2019; 8/27/2019; properties within 300 feet 2/25/2020; 3/27/2020 4/21/2020 Public hearing notice sign posted 4/22/2019; 7/8/2019; 3/4/20; 9/6/2019; 11/01/2019; on site 4/4/20 4/29/2020 Nextdoor posting 4/9/2019; 6/25/2019; 7/30/2019; 8/27/2019; 2/25/2020; 3/27/2020 4/22/2020 V. STAFF ANALYSIS 1. ComPREiiENsi]i,�E Pi.AN MAP AmENDmE?�-T Since the hearing at City Council on November 12, 2019, the City adopted a new Comprehensive Plan, which included an amendment to the Future Land Use Map (RL M that assip—ned an MU- R desip_nation to the majoritE of the properb�that lies east of CenLtLepointee Way. Therefore, the application for an amendment to the Comprehensive Plan is no longer required; Staffhas deleted this section from the Mport. 2. ANNEXATION&ZONING The applicant requests annexation and zoning of the 11.5 7 11.43 acres west of N. Centrepointe Way with an the R-8 (3.31 acres)and R-15 (11.57 8.12 acres)zoning districts; and the 5 acres east of N. Centrepointe Way with an R-40 zoning district(3-.64 3.79 acres1consistent with the MDR and propose MU-R FLUM designations.Note: There is a small portion of the Cook parcel(east side of Centmepointe Way) that on the FL UM does not have a designation. This was a mapping error and the entire Cook parcel is e ectively des nated MU-R. ff jp_ X-ete., Ae 19areel te the north 6%reel#,R 4582530100) r-eeenv9ieHded by Staff te be ineluded in the amendnieHt to the FL U-A!is.Hetj9ar4 ef the allneeatien t;eqHest. 4Hnex-afien of thatpareel weH ��jglaee HpeH future redevelepnieHt of thw 19areel at the preperty,awHer;s requek4. Comprehensive Plan(ht�ps:llwww.meridiancity.orglcompplan): The Future Land Use Map(FLUM)designation for the portion of this site west of the extension of N. Centrepointe Way is Medium Density Residential(MDR)in the City of Mer-idi ;the portion of the site east of the extension of N. Centrepointe Way is eufFent4y located in the City of Boise's Area of City Impactboundary and i-swas designated General Mixed Page 6 Meridian City Council Meeting Agenda May 26,2020- Page 148 of 616 Use. On October 29,2019,the Boise City Council approved and adopted the resolution(RES- 521-19)to amend the land use mgp of Bluggrint Boise to transfer this area from the Ci1y of Boise Area of Ci!y Impact(AOCI)to the Ci1y of Meridian A0Cl. The recent amendment to the Ci!Y of Meridian's FLUM included this property with a Mixed-Regional(MU-R) future land use designation.As noted in the previous seetion,the Appheant proposes to amend the FLUM include the eastem par-eel in the City of Meridian's p! ith a MU R FLUM designation. The MDR designation allows smaller lots for residential purposes within City limits.Uses may include single-family homes at gross densities of 3 to 8 units per acre. The MU-R designation allows high density multi-family developments as supporting uses for higher intense commercial uses such as those to the south and east of this site along a major transportation corridor(i.e. Eagle Rd./SH-55)and near arterial intersections (i.e. McMillan/Eagle Rds. &Ustick/Eagle Rds.). Land Use: The proposed land use for this site is single-family residential (SFR)and a future multi-family residential(MFR)development(i.e. apartments). A total of 8-566 (19 attaehed a-Ed 67 detached) SFR units at a gross density of 7-465.7 units per acre, and a net density of 44-A 8.12 units per acre are proposed; and 96 apartment units are planned to develop in the future at a gross and net density of 27 units per acre. The proposed density is consistent with that desired in the MDR and MU-R designations respectively. Proposed Use Analysis: The proposed single-family dwellings(a4taehed&detached)are listed as a principal permitted use in the R-8 and R-15 zoning districts; and the multi-family development is listed as a conditional use in the R-40 zoning district per UDC Table I I-2A-2. Multi-family developments are subject to the specific use standards listed in UDC 11-4-3-27; compliance with these standards will be evaluated in the future through the conditional use permit process. Concept Plan: The Applicant submitted a concept development plan for the property to the north(Parcel# R4582530100) at Staff s request to demonstrate how the property could possibly redevelop with the extension of N. Centrepointe Way to the north as planned on the MSM(see Section VII.E). Transportation: The Master Street Map(MSM) depicts a planned north/south commercial collector street through this site from the south boundary to the north boundary eventually connecting to E. Wainwright Dr. for access via N. Eagle Rd./SH-55. The portion of Centrepointe W4Y proposed to be constructed with this development is consistent with the MSM. Comprehensive Plan Policies(https:llwww.meridiancitv.orgIcompplan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): 0 "Provide for a wide diversity of housing types(single-family, modular,mobile homes and multi-family arrangements)and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." (3.07.03B) AmixqfSFRaoaehedan detached homes and MFR apartment units are proposed within this development which willprovide ownership and rental optionsfor various income groups in this area. Page 7 Meridian City Council Meeting Agenda May 26,2020— Page 149 of 616 • "Provide housing options close to employment and shopping centers."(3.07.02D) The proposed development will provide housing options in close proximity to the employment and shopping center uses along the Eagle Rd. corridor. • "Locate high-density development,where possible,near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares."(3.07.02L) The density proposed in the multi-family portion of the developmentfalls within the high density category. The site is located wiMin approximate a mile effrom Kleiner Memorial Park, a 60-acre City Park, and is in close proximity to N. Eagle Rd.ISH-55, a major access thoroughfare. • "Consider ACHD's Master Street Map(MSM)in all land use decisions."(3.03.04K) The MSM depicts a northIsouth collector street through this site; the proposed plan depicts a collector street in accord with the MSM. • "Require open space areas within all development."(6.01.01A) Qualified open space in accord with the minimum standards listed in UDC 11-3G-3 is required. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City."(3.01.0 IF) The proposed development is contiguous to the City and urban services can be provided to this development. • "Restrict private curb cuts and access points on collectors and arterial streets."(3.06.02D) One(1) access is proposed on the west side off. Centrepointe Way, a collector street, to the SFR portion of the development; and one (1) access is proposed on the east side off. Centrepointe Wayfor the MFR portion of the development. Staffrecommends local street access (or a driveway with a cross-access easemeno is provided to the prope (#R4582530202) abutting the R-40 zoned portion of the site as set forth in UDC 11-3A-3A.3, as the properb�currenLIX only has access via Eagle Rd.ISH-55. • "Coordinate with transportation agencies to ensure provision of services and transit development." (6.02.02H) This site is not currently served by public transportation. However, ValleyConnect 2.0 proposes bus service on Eagle Rd.from the Boise Research Center to downtown Kuna with 20 minutefrequencies in the peak hour. The Closest bus stop would be less than Y2milefrom this site when that route is operational. • "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system."(3.03.0313) There are no pathway connections to this developmentfrom adjacent developments to the north and south other than sidewalks adjacent to public streets. Staff recommends the Applicant coordinate with the Developer of the property to the south (Brickyard Apartments)to incorporate pedestrian connections between the two developments (i.e. th sinjele-family and the mulit-family developments) on each side of N. Centrepointe Way. In reviewing development applications,the following items will be considered in an Mixed Use areas,per the Comprehensive Plan (pgs.23-24): (Staffs analysis in italics) "Residential densities should be a minimum of six dwellings/acre." The gross density of theproposedMFR development is 27 unitsper acre whichfalls within the range desired in mixed use designated areas. Page 8 — Meridian City Council Meeting Agenda May 26,2020— Page 150 of 616 • "Where feasible,higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69." The proposed development incorporates a MFR component along with the SFR development and is in close proximity (i.e. 460) to N. Eagle Rd.ISH-55. The proposed development will provide housing optionsfor nearby employment centers. • "A conceptual site plan for the entire mixed-use area should be included in the application." A conceptplan was included on the landscape plan for thefuture MFR development in conjunction with the SFR development currently proposed. • "In developments where multiple commercial and/or office buildings are proposed(not residential),the buildings should be arranged to create some form of common,usable area, such as a plaza or green space." This development does not include commercialloffice buildings. "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development." The proposed single-family a4aehed an detached units with vaaing lot sizes and setbacks will provide a transition in density and lot sizes between larger single-family residential lots to the north and the townhomeslmulti-family lots to the south. This development does not include any commercial uses; however, the proposed multi-family development on the eastern portion of the site will provide a transition between the proposed single-family attached and detached units andfuture commercial/mixed uses along Eagle Rd. "A mixed-use project should include at least three types of land uses [i.e. commercial (includes retail,restaurants, etc.), office,residential, civic (includes public open space,parks, entertainment venues, etc.), and industrial]. Exceptions may be granted for smaller sites on a case-by-case basis." The proposed development plan only includes one land use type (i.e. residential); however, 4-�two th fferent types of residential units are proposed(i.e. single-family detached, ao,aehed and multi-family apartment units). Within the overall mixed use designated area, which incorporates land on both sides ofEagle Rd.ISH55 to the south to Fairview Ave., there are a mix of uses as desired consisting of commercial(retail, restaurants, etc), office and residential uses. "Community-serving facilities such as hospitals, churches, schools,parks, daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments." This is a relatively small portion of the overall mixed use designated area; none of these types of uses are proposed on this site nor have they been developed on the adjacent mixed use designated area to the south. "Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas, outdoor gathering areas,open space, libraries,and schools are expected; outdoor seating areas at restaurants do not count." The proposedplan does not incorporate public andlor quasi-public spaces andplaces; the common area proposed in the residential development is owned by the Homeowner's Association and does not satisfy this requirement. These types ofpublic spaces have been provided in the adjacent mixed use designated area to the south. "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." Page 9 — Meridian City Council Meeting Agenda May 26,2020— Page 151 of 616 The proposed developmentplan shows interconnectivity with the residential neighborhood to the north providing accessibility to the commercial development to the south via N. Centrepointe Way. "Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code." Theproposed developmentplan includes a northIsouth collector street(i.e. N. Centrepointe Way) consistent with the Master Street Map. "Because of the existing small lots within Old Town, development is not subject to the Mixed-Use standards listed herein." The proposed development is not within Old Town; therefore, this provision is not applicable. In reviewing development applications,the following items will be considered in MU-R areas,per the Comprehensive Plan(pg.30): • "Development should comply with the general guidelines for development in all Mixed-Use areas." See analysis above. • "Residential uses should comprise a minimum of 10%of the development area at densities ranging from 6 to 40 units/acre." The proposed residential uses comprise 100%of the site. Densities of the SFR and MFR developments are in accord with this guideline. • "Retail commercial uses should comprise a maximum of 50%of the development area." No retail commercial uses are proposed with this development; however, the MU-R designated land to the south incorporates a large amount of retail commercial uses. • "There is neither a minimum nor a maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment uses." No commercial uses are proposed with this development. Zoning: Based on the analysis above, Staff is of the opinion the requested annexation with the R-8,R-15 and R-40 zoning districts and proposed development is generally consistent with the MDR and pfoposed-MU-R FLUM designations and is appropriate for this site. The proposed annexation area is contiguous to City annexed property to the north and south;the R-8 and R-15 area is within the Area of City Impact Boundary(AOCI)and the R-40 area is outside of the AOCI boundary. A legal description for the annexation area is included in Section VII.A. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-651 1A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIII. 3. PRELIMINARY PLAT Existing Structures/Site Improvements: There are two(2)existing homes and accessory structures on this site. These structures are required to be removed prior to signature on the final plat by the City Engineer for the phase in which they are located. Page 10 Meridian City Council Meeting Agenda May 26,2020— Page 152 of 616 Dimensional Standards (UDCL�L-2): The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Tables 11-2A-6 for the R-8, 11-2A-7 for the R-15 and I I- 2A-8 for the R-40 zoning districts (see below). The proposed plat complies with these standards. Subdivision Design&Improvement Standards(UDC 11-6C-3): The proposed subdivision is required to be designed and improved per the standards listed in UDC 11-6C-3 which include but are not limited to streets, driveways,common driveways, easements,and block face. The proposed plan complies with these standards. Phasing Plan: The subdivision is proposed to develop in 23 phases as shown on the phasing plan in Section VIII.C. The first phase will include the extension of N. Dashwood Pl. from the north through the site to N. Centrepointe Way. Staff recommends the phasing plan is revised to include construction of the street buffer on the east side of N. Centrepointe Way in the first phase so that the street buffer and detached sidewalk is constructed and the buffer landscaped with the first phase of development. Access(UDC 11-3A-3,11-3H- /Streets: Jasmine Lane, a 50-foot wide private street,currently provides access to the lots in Jasmine Acres Subdivision,including the subject properties.The private street is depicted on the Jasmine Acres subdivision plat. Staff is unaware if a separate recorded easement exists for the private street.Where the easement crosses the subject property it should be relinquished; proof of relinquishment shall be submitted to the Planning Division prior to City Engineer signature on the final plat. One access is proposed on either side of N. Centrepointe Way, a collector street; and an emergency only/pedestrian access is proposed from the extension of N. Dashwood Pl. at the north boundary of the site.A stub street(E. Jasmine St.)is proposed to the parcel to the west for access and future extension. Public streets are proposed within the SFR portion of the development with 27-foot wide street sections; private drive aisles will be provided within the MFR portion of the development. In accord with UDC 11-3A-3,which limits access points to collector streets to improve safety and requires access to be taken from a local street if available,Sta recommends N.Dashwood Pl.is extended as a full access street into the site with the first phase of development.Note:A CHD approved the connection ofDashwood Ave. to the exLtj�g stub street to the north (Dashwood PL) as a temporwy eme- ency acce,�sl edestrian connection until CenLrepointe Way is extended to Wainwright Dr., or within 10 years, whichever occurs flrst. When CenLrepointe Way is extended to WainwrLp_ht Dr., Dashwood P1. will be reconstructed as a public street for vehicular connectivitv to Wainwrip—ht Dr. UDC 11-3A-3A.3 requires all subdivisions to provide local street access to any use that currently takes direct access from an arterial or collector street.The parcel to the east of the propertv proposed to be zoned R-40 on the east side of Centrepointe Way(Parcel #R4582530202),currently takes direct access via N.Eagle Rd./SH-69, an arterial street and a State Hh!hwav; therefore, Staff recommends local street access(or a driveway with a cross-access easement)is provided to the property to the east as set forth in UDC 11-3A- 3A.3. The Applicant should coordinate with the developer of that property on a location for the access street/driveway. Staff recommends N. Centrepointe Way is extended/constructed with the first phase of development from the southern to the northern boundary of the site so that if re- development of the property to the north (Wong)occurs before the mufti-family portion of Page I I — Meridian City Council Meeting Agenda May 26,2020— Page 153 of 616 this site,the connection to Wainwright Dr. can be made and services can be extended-as — — possible. Traffic: A Traffic Impact Study was not required by ACHD for the proposed development; however,the Applicant did include an informal traffic analysis in their application narrative based on ACHD's Policy Manual that takes into consideration existing traffic volumes in relation to anticipated traffic volumes from the proposed development and the resulting impacts to Wainwright Dr. &Dashwood Pl. The analysis shows the total trips per day on Wainwright at 4 1%of total capacity; and on Dashwood at 44% of total capacity resulting in 5 6-59%under total capacity for these streets,which should not overburden existing roadways systems if these calculations are correct. See application narrativefor more information. Many letters of testimony have been received from adjacent residential property owners to the north regarding the amount of traffic that will be generated from the proposed development and routed through their neighborhood.For this reason,it's imperative that the Centrepointe Way connection to Wainwright occur as soon as possible; thus,the reason for Staffs recommendation for the pr-opeFty to the noFth to be ineluded in the amendm to the FLUM and for the.construction of Centrepointe to the northern boundary of the annexation area to occur with the first phase of development. Common Driveways (UDC 11-6C-3 All common driveways are required to comply with the standards listed in LTDC I I-6C-3D. Tlwee�Two(9�2)common driveways are proposed that comply with LTDC standards. Common driveways should be a maximum of 150' in length or less,unless otherwise approved by the Fire Dept. An exhibit is required to be submitted with the final plat application that depicts the setbacks,fencing,building envelope and orientation of the lots and structures.Driveways for abutting properties that aren't taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. A perpetual ingress/egress easement for the common driveway(s)is required to be filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment.A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. Signage should be provided at the ends of the common driveways on Lot 4-25'Block 1—,IAt 7,Bloeli 2; and Lot-19,Block 24 for emergency wayfinding purposes as requested by the Fire Department. Transition: There are 68 single-story structures with 10 8 dwelling uaits4ffepefties-proposed along the west boundary of this site adjacent to the 8.2 acre rural residential property to the west, which is currently in Ada County and designated as MDR(3-8 units/acre) on the FLUM. There are-5-.5 6 existing single-story residential properties to the north that abut this site that are 0.31-0.38 of an acre in size;4-012 single4amily structures with 15 11 -flits/pr-opel4ies ..... . .. 1�-Icm are proposed along the north boundary of the site. The ApplieaH4 stibinitted a�exhibit(1) in the- n a4ive of the appliea4iea tha4 demeastmtes the proposed struettifes and lots in relation to existing homes, shops,par-king areas and yards. See aerial map below. Because the homes proposed along the north and west boundaries will all be a single-story in height, Staff believes they will have a lesser impact on adjacent neighbors than 2-story homes would have; therefore,Staff is not recommending a greater transition in lot sizes Page 12 Meridian City Council Meeting Agenda May 26,2020- Page 154 of 616 isthan proposed.However,the Commission and City Council should consider any public testimony provided in determining if fewer lots/structures should be provided along these boundaries as a better transition to existing residential properties. L'I 7 ---------— _J_ __j 4 Parking(UDC 11-3 Parking for single-family dwellings is required based on the number of bedrooms per unit.For I- bedroom units, a minimum of 2 spaces per unit are required with at least one of those spaces in an enclosed garage, other space may be enclosed or a minimum 10' x 20' parking pad. For 2-3 bedroom units, a minimum of 4 spaces per unit are required with at least 2 of those spaces in an enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pads. Because of the proposed reduced 27-foot wide street sections,parking is restricted to one side of the street only resulting in fewer available on-street parking spaces for guests and households with cars that can't be parked on private propenry than is 13Tical with a full street section which allows parking on both sides of the street. Off-street parking is required to be provided on each lot in accord with the aforementioned UDC standards. Beeause of the naffew lots(i.e. 32'4=) for- detaehed homes and asseeia4ed dfiveways,there is not ade"a4e feem for-on st+eet pafk4ag in ftent of these lots for-guest pafk4ag a-ad in some afeas par-king is a ways away. Wher-e at4aeh heraes are proposed,there is r-eefn for-appr-eximately one spaee per-every 2 lots for-On Stfee pafkiag. On-street parking(5658 spaces)is also available adjacent to common lots and along one side of the street within 200' ffem any home within the developmetfit,(see Exhibit H in Section VII). Pathways(UDC 11-3A-8 : Pathways are required to be constructed in accord with the standards listed in UDC I I-3A-8 with landscaping on either side of the pathway(s)in accord with the standards listed in UDC 11-3B- 12C. Page 13 — Meridian City Council Meeting Agenda May 26,2020— Page 155 of 616 Beeause inter-eonneetivity is important and espeeially so in mixed use developments, Staff reeommends the Applicant coordinate with the Developer of the property to the south (Brickyard Apartments)to iHeffpffate pedeStFifift eonneetions between the developments on eaeh side of N. Centr-epointe Way-. Sidewalks(UDC LL-3A-1 7): Sidewalks are required to be constructed adjacent to public streets as set forth in UDC 11-3A-17. Minimum 5-foot wide detached sidewalks are required along all collector and after-ial streets; and minimum 5-foot wide attached(or detached) sidewalks are required along local streets as proposed. Parkways (UDC LI-3A-1 7): Parkways are required to be constracted and landscaped per the standards listed in UDC 11-3A- 17E. Eight-foot wide parkways are proposed along-Lhe collector streets and along nternal local street abutting common areas in accord with UDC standards. Landscaping(UDC 11-3B): Per UDC Tables I I-2A-7 and I I-2A-8, a 20-foot wide buffer is required adjacent to N. Centrepointe Way, a collector street. Street buffer landscaping is required to be provided within common lots in accord with the standards listed in UDC I I-3B-7C; trees and shrubs should be depicted within the street buffers on either side of N. Centrepointee Way in accord with these standards. The Landscape Calculations table should include the linear feet of street buffers and the reguired vs.proposed number of trees demonstrating compliance with the aforementioned standard. Landscgping is required to be provided in common open space areas in accord with the standards listed in UDC I I-G-3E;the proposed landscqping exceeds the minimum standards. Landscapin is required within parkways as set forth in UDC 11-3A-17E and 11-3B-7C; the Landscape Calculations table should include the linear feet of Parkways and the required vs.proposed number of trees demonstratin compliance with the aforementioned standard. Qualified Open Space(UDC LI-3G): Based on the overall development area which consists of 15.21 acres of land, a minimum of 10% (1.52 acres)qualified open space is required to be provided within the development per the standards listed in UDC 11-3 G-3B. Because the site is bisected by a collector street and the portion of the site proposed to develgp with gpartments is not being developed at this time, Staff recommends the 10%open space is provided on each prope]1y; the R-8 and R-15 prope totaling 11.3+/-acres should provide a minimum of 1.13 acres and the R-40 propenty totaling 3.6+/-acres should provide a minimum of 0.36 of an acre(in addition to the open space required in UDC 11-4-3-27C for multi-family developments). A revised qualified open space exhibit was submitted as shown in Section Vll.F that depicts 4431.23 acres(or 44-.510.8%)of open space for the SFR portion of the development consisting of a h4f-0.69 of an acre park with amenities,parkways, a fnier-o path lat-,_qnd linear open space that is at least 20' wide and has an access at each end and is landscaped, and a collector street buffer and a leeal stFeet buffef. The linear open space on Lot 17,Block 4 doesn't qualify as it's not accessible at the west end as required by UDC 11-3 G-3B.1 e,however the rest of the area meets the minimum standard at 1.17 acres. Aftemative Gemplianee is r-equested to eetffit the 10eal stFeeVland use buffer-along the setithem boundaff of the site tewar-d t4e qualified open spa r-equir-ements(see Seetion 4 below for-meFe infamiationy will be evaluated for coMpliance with UDC 11-3 G-3B at the time of submittal of a conditional use permit. Page 14 Meridian City Council Meeting Agenda May 26,2020— Page 156 of 616 The"alified open spaee Em the N4FR pot4ion of the site east side of Get+4epoipAe Way ifielud are that does not qualify(i.e. the perimeter-' - I g1he east boundary)and is below the 10% required of the total land area(i.e. 5 aeres). Beeause that portion of the site is not planned to develop at this time and is eeneeptttal in aatidr-e and likely to ehange, Stag r-eeefflffiends a DA Idded r-e"ir-iag a mimfymm 109% qualified open spaee is provided a4 the time of development th-at m-e-e-ts the standards in UPC 11 3G 3B. This reqttiremen4 is in addition to th r-e"ir-ed in UDG 11 4 3 27C for-MF-R develepmefAs-. Qualified Site Amenities (UDC 11-3G): A minimum of one(1)qualified site amenity is required to be provided for this development based on the size of the overall-development(i.e. 15.21 acres). The Applicant proposes a shade structure, children's play structure, children's climbing dome, children's climbing boulders, seating benches,public art ffmier-o pathways a-ad possibly a swing se4 and a pathw!qy as amenities,which exceed UDC standards. The pathwqy does not count as a qualified amenijy as it doesn't meet the standards in UDC 11-3 G-3 C.3; however,the othe amenities proposed do qualify and exceed the minimum standards. Existing Trees: There are many existing trees on this site the Applicant states are being removed by the residential property owner for firewood. Include mitigation information on the plan for any existing trees that are not removed by the property owner in accord with the standards listed in UDC 11-313-10C.5. Waterways(UDC,1..1--3.A.-A-),- The Nourse Lateral runs along the northern boundary of this site and is piped. An easement should be depicted on the plat for the waterway.If the easement is 10 feet or greater,it should be located within a common lot that is a minimum 20-feet wide and outside of a fenced area unless modified by City Council as set forth in UDC 11-3A-6D. Fencing(UDC 11-3A-6,LI-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC I I-3A- 7. The existing fencing along the north and southwest boundaries of the site is proposed to remain. A 6-foot tall solid vinyl privacy fence is proposed along the west, south and east boundaries of the SFR portion of the site as well as along the nofth, east and south boundaries of the N4F per-tion of th in accord with UDC standards. A 4-foot tall wrought iron fence is proposed around the perimeter of the children's play area on Lot 1,Block-32. Utilities(UDC LI-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. See Section VIII.B below for Public Works comments/conditions. Pressurized Irrigation System(UDC 11-3A-1 : An underground pressurized irrigation system is required to be provided for each lot within the development. Page 15 — Meridian City Council Meeting Agenda May 26,2020— Page 157 of 616 Storm Drainage(UDC 11-3A-18 : An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations(UDC 11-3A-19 I Architectural Standards Manua : Conceptual building elevations were submitted for the proposed single-family attaehed an detached units and multi-family apartment structures as shown in Section VII.F. Building materials for the single-family homes consist of a mix of siding(horizontal and vertical lap siding and board&batten) and stucco with stone veneer accents. The single family a4taeked and-multi-family structures are required to comply with the design standards in the Architectural Standards Manual; single-family detached structures are exempt from this requirement. All SFR homes along the west and north perimeter boundaries of the development will be restricted to a single-story in hei;ht as proposed by the APplicant. Because the rear and/or side of 2-story structures on Lots 14 1812-8,Block 1 and 54-,Lot 2., Block 2-5 that face N. Centrepointe Way will be highly visible, Staff recommends those elevations incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses,step-backs,pop-outs),bays,banding,porches, balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines.Single-story structures are exemptfrom this requirement. Public Testimony:Many letters of testimony have been received on the original plan submitted with this application,primarily from residential neighbors to the north in Alpine Pointe Subdivision(aka Zebulon Heights). The primary concerns are the intensity of the development (i.e. density is too high); not enough transition in lot sizes to lower larger lots to the north; extension of N. Dashwood Pl. and Centrepointe Way and resulting traffic generated from this development and from the developments to the south that will be routed through their subdivision until Centrepointe can be extended to the north to Wainwright in a more direct fashion; and safety concerns for children pertaining to traffic. The neighbors have suggested several alternate development plans that would result in less traffic through their neighborhood. See public testimony in the projectfilefor more information. Additional public testimony has been received on the revised plan that can be accessed at: httgs:llweblink.meridiancib�.org1WebLink1browse.aspx?id=166928&&dbid=0&&Cpo=Meridian CiLV. 4. Ai6T-ERN2kT-i;�E C-OmFmANC-E-A local street buffer is no longer proposed; Staff has removed this section as it is no long_er applicable. The applieapA r-e"ests altemative eamplianee to UPC 11 3 6 3B, as allowed in UPC Table 11 5B 5,to be allowed to eeui4 the area of a leeal stfeet buffer-toward the fniaifi+lJffl EtUalified Opffi spaee for-the development. The"alified open spaee peFtaining to street bugar-s listed in UPC= 11 36 3B allOws the full are of eelleeter-stfeet buffer-s and 50-%of a4er-ial st-Feet btt�r-s tO e0ufA toward the minin�mm r-e"ir-ed eemmen open spaee; leeal street buffffs do not eeupA toward the mi i . . afflefits. The Applieaa�pr-epeses tO eeastFaet a 29 feet wide landseape buff-er-aleng the southefa bounda of the SFR peAien of the site with dense!andseapiag along E. Jasmine St., a local street,to bti the abtA4ing 3 stery apm;,---Z-4-44 st-n-le-4,dr-es in Br-iekyar-d S4divi-i-­ Page 16 Meridian City Council Meeting Agenda May 26,2020- Page 158 of 616 in er-der-te gr-an4 a r-e"est for-Altema4ive Complianee,the Dir-eeter-must deteR:nine if the alter-native provides an equal or superior-means of meeting the intent and pumose of the regulation(see Findings in Seetion IX.D)-. The DiFeetof has r-eviewed the r-e"est and f4fids the pf:oposed altefflative means for-fneeting t inteaded pur-pose of UDG 11 3G 3 has been met. VI. DECISION A. Staff- Staff recommends approval of the proposed Comprehensive Plan Map Amendment if- the par-eel to the aei4h(R4592530100) is also ineloded,the Annexation&Zoning and Preliminary Plat applications with the conditions included in Section VIILA per the Findings in Section IX. if the par-eel to the aeAh(R4592530100) is not ineltided in the map amendment, Staff recommends denial of annexation and zoning reqaest for the eastern par-eel(i.e. R 4 0 zone). B. Commission: The Meridian Planning&Zoning Commission heard these items on Mgy 2 and July 18, 2019. At the public hearing on July 18',the Conu-nission moved to recommend denial of the subject CPAM, AZ and PP requests to Cijy Council. 1. Summga of Commission public hearing: a. In favor: Jim Conger; b. In opposition: Malissa Bernard(representing mgLny neighbors on Dashwood Place to the north in Alpoint Point Sub.),Frank Marcos(Alpine Point Sub. HOA President)- Kenneth Clifford, Shegy Garey-, Greg Walker;Patricia Pitzer, Joy Cameron-, Sandi King; Laura Trairatnobhas c. Commenting: Connie Thompson; d. Written testimony: Many(47+/-)letters of testimony were received(see public record). Staff presenting gpplication: Bill Parsons f. Other Staff commenting on gpplication:None 2. Key issue(s)of public testimony: a. Consensus that proposed densijy of development is too high; b. Not enough transition in lot sizes is proposed to larger lots to the north; c. Concern pertaining to the extension of Dashwood Pl. and Centrepointe Way an resulting traffic generated from the proposed development and from the commercial and multi-family residential developments to the south that will be routed through the subdivision to the north if Jasmine is connected to Centrepointe before Centrepointe can be extended to the north to Wainwright; d. Safely concerns for children pertaining to traffic; The proposed development is premature and that infrastructure (i.e. the extension of Centrepointe to Wainwright) should be in place prior to the development going in,not after the fact; f. There has been no neaotiation with neighbors by the Developer as directed by the Commission; 3. Key issue(s)of discussion by Commission: a. The desire for the Cijy of Boise to take action on a request to exclude the eastern portion of the site from their Area of Cijy Impact boundga prior to the Cijy making a decisio on this application; b. The possibilfty of only an emergency access via Dashwood PI.; Page 17 Meridian City Council Meeting Agenda May 26,2020— Page 159 of 616 C. Concern pertaining to adequacy of parking for the development; d. Preference for R-8 vs. R-15 zoning for the single-family portion and R-15 vs. R-40 zoning for the multi-family portion of the site as a transition to ad acent zoning; j e. Densily should be reduced due to Heritage Middle School and Rock Mountain High School already being over cNacity; f. Desire for the Applicant to work with neighbors to address issues that were brought 0 at the hggjq& 4. Commission change(s)to Staff recommendation: a. The Commission recommended denial of the proposed CPAM,AZ and PP qpplications to the Cjjy Council based on their desire for the Applicant to obtain qpproval from the Qijy of Boise for the adjustment to the Area of Qijy Impact boundary; and opinion the gpplicant did not sufficiently work with the neighbors on their concerns pertaining to the proposed development. 5. Outstanding issue(s) for Cijy Council: a. None C. City Council: The City Council heard this project on November 12,2019 and moved to remand the project bac to the Commission to address the density issue of the proposed development and for their review of a revised site plan with changes to lots proposed along-the northern boundanLaf the subdivision that front on E.Della Street. D. The Meridian Planning&Zoning Commission heard these items on March 19 and APril 16, 2020. At the public hearing on April 16', the Commission moved to recommend qpproval of the subject A-Z and PP requests. I. SurnmM of Commission public hearing: a. In favor: Hethe Clark b. In opposition: C. Commenting: Malissa Bernard; Laura Trairatnobhas;Michael Bernard; Sandi King; Kenneth Clifford;Alhe Crane d. Written testimony: Many letters of public testimony were received(see public record); Hethe Clark(response to the revised staff report—in agreement except for two items:-D requests DA provision#1D be revised to not restrict homes along the west boundga to a single-stoly in height as previously proposed,to allow 2-story homes to be constructed; and 2)requests deletion of condition 42B,which reqires construction of the 20' wide street buffer&detached sidewalk along the east side of Centrepointe to be constructed with the first phase of development to be deferred until the multi-famil portion of the site develops., Staff presenting gpplication: Sopya Allen f. Other Staff connnenting on gpplication: Bill Parsons 2. Key issue(s)of public testimony: a. The HOA to the north(Alpine Point)requests the Dashwood stub street at the north boundqa be vacated and sole vehicular access be provided to the site from the south via Centrepointe Way to keep traffic from cutting through their neighborhood—this could also be accomplished with a gate for emergency access only; feeling that the subdivision to the north is"overconnected"and more connections aren't necessqu to Wainwright Dr. from the south, especially with Centrepointe planned to extend to Wainwright in the future;requests larger lots and single-story homes along north boundga for a better transition;belief that funds should be provided by all development for improvement of the Eagle Rd. &Wainwright intersection; Page 18 Meridian City Council Meeting Agenda May 26,2020— Page 160 of 616 b. Concem pertaining to the impact the proposed development will have on the capacity of area schools; c. Frustration Erom the neighbors that they weren't aware that Dashwood was planned to be extended in the future as there were no signs erected at the end of the stub street; d. Concem pertaining to the removal of all of the existing evergreen trees(40+/-)along the southem boundga of the site and request for mitigation to be required(the owner planned to cut the trees down for firewood); 3. Key issue(s)of discussion by Commission: a. The Commission asked the Applicant to clarify the status of the Nourse Lateral easement along the northem boundga of the site-the Applicant stated the Alpine Pointe Subdivision plat depicts a 15' wide easement for the piped lateral that exists on the adjacent propeM to the north within the easement;the Applicant also proposes to dgict an additional easement on the subject plat in case it's needed for maintenance of the lateral; b. The transportation plan for this area and existing and planned connections to Wainwright Dr., c. Whether or not Dashwood should be extended to Centropinte with the first phase o development as recommended by Staff, or extended as a temporary emergenc access/pedestrian connection until Centrepointe is extended to Wainwright, or within 10 years,whichever occurs first-when Centroginte is exended to WainwrigIA, Dashwood would be reconstructed as a public street for vehicular connectivity to Wainwright as required by ACHD. d. The Applicant's request for homes along the west boundM to not be restricted to single-stoa in height and for the buffer and sidewalk along the east side of Centrepointe to not be constructed until development of the multi-family portion of the �i� Soport for retaining the existing trees or requiring mitigation for them if removed; f. In sppport of fewer lots and lower densfty proposed; g. The timing for construction of the street buffer and sidewalk along the east side of Centrepointe Way(with the first phase as recommended by Staff or with the 3rd phase as proposed by the Applicant). 4. Conunission change(s)to Staff recommendation: a. Modify condition#A.If to add language consistent with ACHD's decision pertaining to the extension of Dashwood to Centrepoint Way; and strike condition#A.5 in Section Vill. b. Modify DA provision#A.I d in Section VIII to allow bonus rooms on single-stwy homes along the west boundaH with no rear facing windows for the bonus rooms, C. Strike condition#A.2b in Section VIII,which requires the street buffer and sidewalk along the east side of Centrepointe Way to be constructed with the first phase of development to allow it to be constructed with the third phase as proposed; d. Include a condition requiring the Developer to retain as many trees as possible along the southem boundga(see modification to condition#A.3a). 5. Outstanding issue(s)for City Council: a. If Council determines that all existing trees on the site being removed should require mitigation in accord with UDC standards, even those removed by the property owner for firewood,condition#A.3a in Section VIII should be modified accordingly. Page 19 — Meridian City Council Meeting Agenda May 26,2020- Page 161 of 616 D. The Meridian City Council heard these items on May 12,2020. At the public hearing,the Couneil moved to approve the subjeet AZ and PP requests. 1. Summary of the City Council public�hearin a. In favor: Hethe Clark b. in opposition: e. Commenting: Frank Mareos;Malissa Bernard; Sandi King;Ken Clifford; Laur Trairatnobhas; Mike Bernard; Doreen Mills; Allie Crane; Tim Fritzley; Sh Randy Spiwak; Patty Pitzer; Thomas Hunt; Justin Lucas,ACHD d. Written testimony: Many letters of testimo�n were submitted(see public record). e. Staff presentin"a plication: S f. Other Staff commenting on application: Joe Bongiomo- Warren Stewart 2. Key issue(s)of publie testimony- a. Neighbors in Alpine Pointe Subdivision to the north request the following: Dashwood P1. to be closed permanently as it was never meant to be extended and is designed as— eul-de-sac; single-level homes along north boundary;the identity of the Devt1oper to be diselosed;not in favor of intensity of proposed R-40 zoning distriet; information on whether the proposed units will be owner occupiiegd or rental unit b. Would like the existing trees along the southern boundary of the site to be retained and the height of homes on Lots 16 and 17,Bloek 5 to be restrieted to a sing hei C. Request for the Developer to perform a utility survey for existing faeffities, specdfically the Nourse Latera,1- d. Request for a reduetion in the number of lots along north boundar o six 6 --yA-----U e. Appligant requests restriction for single-story homes to be removed along-west boundary(condition fle); f. Applieant requests condition M is modified to only require an emergeney aceess via Dashwood P1. 3. Key issue(s)of diseussion by City Council: a. Transition in lot sizes/eonfiguration along north boundary; b. Retention of existing trees in the triangle eommon area at the southwest eomer of the site and along the south boundary if possiblee- e. Enrollment of area sehools and impaet on sueh by the proposed development; d. Diseussion as to where jurisdietion of the City and land use and ACHD and transportation begins and ends- e. Removal of any eonneetion to Dashwood P1. exeept for emergeney aeeess or leave it open for intereonneetiv f. Requirement for mitigation of existing trees that are removed from the site. 4. City Couneil change(syto Conunission recommendation. a. CitKCouneil voted to deny the projeet due to their belief it is not in the best interest of the City to approve the pTqj=e=qtat this time due to eonnectivity reasons=the feltin order to solve the connectivity issues in this area, Centrepointe Way needs to be extended to Wainwright Dr. They determined there was no eonditions of approval that could be placed on this project that would enable them to approve the project at this time. VIL EXHIBITS A. Appliean4 Pr-e-posed& Staff Reeewmaended Futwe Land Use Maps Removed as an amendment to the FL UM is no longer necessary. Page 20 Meridian City Council Meeting Agenda May 26,2020- Page 162 of 616 Page 21 Meridian City Council Meeting Agenda May 26,2020— Page 163 of 616 B. Annexation&Zoning Legal Description and Exhibit Map REVISED :5awtooth Land SurveyirL3, LLC A2'%' kk- P030 5. W.Ashinc3ton Ave, Iff mmett, 11) 63C.17 rl ,'208) 395-6104 r: (2o6) 3q6-6jo5 Delano Zoning R-8 Description BASIS OF BEARING for this description Is South 89'39'12"West, between the illegible brass cap marking the E1/4 Corner of Section 32 and the 518"rebar PLS 4431 marking the C1/4 Corner of Section 32, both in T.4 N., R. I E., S.M., Ada County, Idaho. A parcel of land being a portion of Lot 3, Block 1 of Jasmine Acres, as shown in Book 59 of Plats, at Page 5829,Ada County Records, and a portion of the SEI/4 of Section 32, T. 4 N., R. 1 E., B.M., Ada Count:y, Idaho, more particularly described as follows: COMMENCING at the illegible brass cap marking the E1/4 Corner of said Section 32; Thence South 89039'12"West, coincident with the north line of said SF114 of Section 32, a distance of 1026.20 f�et to the northwest corner of Lot 1, Block I of said Jasmine Acres and the POINT OF BEGINNING; Thence South 0'20'48"East, coincident with the west line of said Lot 1, a distance of 125.59 feet; Thence South 89"42'00"West, parallel with the south line of said Lot 3, a distance of 121.45 feet; Thence South 49130'18"West, 20.50 feet to the beginning of a non-tangent curve to the left; Thence 43.46 feet along the arc of said curve,with a radius of 50,00 feet, a central angle of 49148'18", subtended by a chord bearing North 6512351'West, 42.11 feet-, Thence South 891142'00"West, parallel with said south line of Lot 3, a distance of 382.00 feet to the beginning of a tangent curve to the left; Thence 78.54 feet along the arc of said curve,with a radius of 50.00 feet, a central angle of 90100'00", subtended by a chord bearing South 44'42'00"West, 70.71 feet; Thence South 00,118'00"East, 372.09 feet; Thence South 89142'00"West, parallel with said south line of Lot 3, a distance of 109�27 feet to the begmning of a tangent curve to the right; Thence 14,35 feet along the arc of said curve, with a radius of 50.00 feet, a central angle of 16,12624", subtended by a chord bearing North 82104'43"West, 14.30 feet; Thence North 73151'36"West, 18.22 feet to the westerly line of said Lot 3; Thence North 16108�24"East, coincident with the common line of said Lots 3 arid 4, Block 1, Jasmine Acres, 25.45 feet to the northernmost common corner of said Lots 3 and 4; P:�2018%18094-DELANO SUBDIVISION-CMG�Survey�Drawings�Descriptions�1 8094 zoning r-8 desc.docx Page 22 Meridian City Council Meeting Agenda May 26,2020— Page 164 of 616 Thence North 1010'44"East,coincident with the east boundary line of said Lot 4, a distance of 511.15 to the northeast corner of said Lot 4, which is Dn said north line of the 517114; Thence North 891139'12"East, coincident with said north line of the SEI/4, a cll5tance of 727,70 feet to the POINT OF BEGINNING. The abQve described parcel contairis 3.31 acres, more or less. `C 11574 L �Ie OF EA RQ018NI 8094-DELANO SUBDIVISION-CMG�Survey%Drawing$%De-sciriptions�1 8094 zoning r-8 desc.docx 2 Page 23 Meridian City Council Meeting Agenda May 26,2020— Page 165 of 616 MUS OF BEARAG 5 arwl,W'm" 8'"i"wr 7,7-7ff POW OF&'GBWNG 5Sg-"12-W 1026.20, WC32 5EC 32 903-04- ZOWNG R-8 E 114 CORNM C 1f4 CORMER 131 ACt 710ar----------- LOT 1.BLIXX I 14-qKINEACRE5 LZNE TAKE m LOT qr Njxx I C�VE TAME &VE LOQG-rN RAMS OELTAAN —W 1010W 4346 p" ww 5xi; I LOT 3,aLom I L? 4 BLOM I 5L 32 11574 PRaX:Cr.' OWWRIVEVaGPER: 20305� WA5HINGFON AVE. DVG# DELANO ZONING R-8 BOLL COOK EMME71T,ID R3617 18094-EX INVESTMENTS,LLG P.(208)390-8104 PRWEL70 4 BOUNDARY Of T.4 N.,R. I E.8,10., `5JWT007- R(208)398-8105 18094 SHEET HE ADA COUNTY,II)AHO -ZWTE, 31ZO20 WWW.S4WTOOTHL-,COM I 0F1 Page 24 Meridian City Council Meeting Agenda May 26,2020— Page 166 of 616 5awtooth Land 5urveyiricj, LLC 2030 5-Wa5hrigton Ave, 1044 Northwe5t Dlvj-,5te-6 141 1"Avc-nue Ea5t Cmrkiett.11)63r.17 cop=r d'Alcre�ID 836,4 jeome.1053335 P'l (206)355.a j 04 F�(206)714-4544 P4 (208)329-530,3 r:(208)3 5�i5-5 r 05 r:(206)2��2­4453 F;(2CZ)324-3Z21 R-15 Re-Zone Description BASIS OF BEARING for this descirlption is South 89"39'12"West,from the illegible brass Cap marking the E1/4 Corner of Sectlon 32 and the 518"rebar PLS 4431 marking the C1/4 Corner of Section 32, both in T.A N., R. I E., B.M., Ada County, Idaho. A parcel of la nd being a portion of Lot 3, Block 1 of 3asmine Acres, as shown in book 59 of Plats, at Page 5829, Ada County Records,and a portion of the N112 of the S112 of Section 32, T.4 N., R. 1 E., B.M.,Ada County, Idaho, more particularly described as follows, COMMENCING at the Hlegible brass cap marking the E1/4 Corner of said Sectlon 32; Thence South 89"39'12"West, coincident with the center of Section line of said Section 32, a distance of 1026.20 feet to the northwest corner of Lot 1, Block 1 of said Jasmine Acres, Thence South 0"2048"East, coincident with the west boundary line of sa;d Lot 1, a distance of 12159 feet to the POINT OF BEGINNING; Thence continuing South 0'20'48"East, coincident with the west boundary line of said Lot 1, a distance of 221.24 feet to the northwest corner cf said Lot 3� North 89"42'00"East, coincident with the north boundary line of said Lot 3, a distance of 43.10 feet; Thence South 0018'DO"East, 316.85 feet to the south boundary line of said Lot 3, Thence South 89"42'00"West, coincident with the south boundary line of said Lot 3, a distanre of 684.43 feet; Thence North 48111 V00"West, coincident with the south boundary line of said Lot 3, a distance of 154.02 feet to the southernmost common corner of Lots 3 and 4 of said Jasmine Acres; Thence North 16"08'24"East, co[ncident with the common boundary line of Lots 3 and 4, Block 1, Jasmine Acres, 25.45 feet; Thence South 73"51'36"East, 18-21 feet to the beg[nning of a tangent curve to the left; The4ice 14.35 feet along the arc of said curve, with a radius of 50.00 feet, a central angle of 1611126,24", subtended by a chord bearing South 82"04'48"East, 14.30 feet; Thence North 890-42'00"East, parallel with said south boundary line, 109.27 feet,, Thence North 01118'00"West, 372.09 feet to the beginning of a tarigent curve to the right; P:�2C)l&1 0094-DE LANO SUBDIVISION-C M(3\Survey�Drawirkgs�Descripticns\1 8094 R-1 5 RE-ZON E I)ESCRIPTION-docx Page 25 Meridian City Council Meeting Agenda May 26,2020— Page 167 of 616 Thence 78.54 feet along the arc of said curve, with a radius of 50.00 feet, a central angle of 90000,00", subtended by a chard bearing North 441142'00"East, 70.71 feet; Thence North 89142'00"East, parallel with said south boundary line, 382,00 feet to the beginning of a tangent curve to the right; Thence 43.46 feet along the arc of said curve, with a radius of 50.00 feet, El central angle of 49146,18", subtended by-a chord bearing South 65023'51"East, 42.11 feet; Thence North 49030'18"East, 20,50 feet; Thence North 89'42'00" East, parallel with said south boundary line, 121.45 feet to the POINT OF BEGINNING, The above described parcel contains 8.12 acres, more or less. at 11574 SEA :1-M18\1 8094-DE LAND SU BDI VISION-CMGSurvey�Drawings�DescriptionsI 18094 R-1 5 RE-ZONE DESCRIPTION.docx 12 Page 26 Meridian City Council Meeting Agenda May 26,2020— Page 168 of 616 MW OF BEARM . . . . . . . . . . . . . . . 's 83-3VI2,w 2OX94.. . . . . . . . . . . . . . . . . . . NOPMWE 727,70' — Lu 102620, -R--C 32 -WIC 32 E JA cawa C 4/�W�Wft N arvw"F-Won, POINT or Wl��mjma LDTIBLXKf Z -AWNE AME9 m Ll 11574 R-15 "%-lilko 0 &12 AC+ ,7,,em, 6 OF I'C� 8ENG 111T J1 ILOIX I LOT Z BLOCK J E ASMDW Ly t L �2w w M�m;7 AM WC32 LMY TA&E Lf N 89-4�1 41 1944V$VAIA I E 2545' 5,-51, E 12 7J.54 Q 91 E 09 50-Go, 491Q'js� AL4�32,w 142-21, LS H4- .5q 1 10 E 121. PRO=: OWNEWMVELOPER� 2030 S. WASHrNGTON AVE. Dm# DELANO ZONING R-15 BOLL COOK EMMErr,ID 83617 18094-EX INVESTMENTS.LLC P:(20 398-8104 PROJECTI BOUNDARY Ahak F.-(MI11398-8105 T.4 N.,R. I E.,R,M,, 05�11-0�orl� 18094 ADA COUNTY,IDAHO DATE! smfrr 312020 WWW.SAWFOOTHL5COM I 0F1 Page 27 — Meridian City Council Meeting Agenda May 26,2020- Page 169 of 616 5awtooth Land Survr_yin-�, LLC 2030 5. Wa5hin-9ton Avc. �0,44 Northwe75t NJ 5t- 14 1 1"AvEnue Fa5t C"e '�"a,kle Ernmett, V 83C 17 �"" I D��8 I Jerome, ID 63338 `4 (206)396-5104 F; (208)7 14-4544 F:(205)3 2 9-5 303 F; (208)398-6 105 1��(2-08)292-4453 F�(20�5)324-3821 R-40 Re-Zone Description BASIS OF BEARING for this description is South 89139'12"West, from theillegible brass cap marking the E1/4 Corner of Section 32 and the 518"rebar PLS 4431 marlding the 0/4 Corner of Secdon 32, both in T. 4 N., R. I E., B.M., Ada County, Idaho. A parcel of land being a portion of Lot 3, Block I of 3asmine Acres, as shown in Book 59 of Plats, at Page 5829, Ada County Records, located In the NEI/4 of the SE114 of Section 32, T. 4 Nd, R. I E., B.M., Ada County, Idaho, more particularly described as follows: COMMENCING at the illegible brass cap Mark:ing the E1/4 Corner of said Section 32; Thence South 89039'12"West, coincident with the north line of said SE114 of Section 32, a distance of 1026.70 feet to the northwest corner of Lot 1, Block I of said Jasmine Acres; Thence South 0"20'48"East, colricIdent with the west boundary line of said Lot 1, a distance of 346.83 feet to the northwest comer of said Lot 3; Thence North 891,42'00" East, coincident with the north boundary line of said Lot 3, a distance of 43.10 feet to the POINT OF BEGINNING; Thence oontinu[ng, North 89042'00" East, coincident with said north boundary line of Lot 3, a distance of 521.16 feet to the northeast corner of said Lot 3; Thence South 0001'00"East, coincident with the east boundary line of said Lot 3, a distance of 316.85 feet to the southeast corner of said Lot 3; Thence South 89042'00"West, coincident with the south boundary line of said Lot 3, a distance of 519-60 feet; Thence North 00018'00"West, 316.85 feet to the POINT OF BEGrNNING, The above described parcel contains 3.79 acres, more or less. r5 7 ,a SEA R=18\18094-13ELANO SUBDIVISION-CMG�Survey�Drawings�Descdptions�1 8094 R40 RE-ZONE DESCRIPTION,docx Page 28 Meridian City Council Meeting Agenda May 26,2020— Page 170 of 616 a4S7S OF 9EOPIW 'S 89-39'12'W 2M94.. . . . . . . . . . . . . . . . . . . . . N89-39W'F 727.7iY S 89-3911r w ]M&2v SEC 32 E 1/4 MW,9m C V4 CmWER Q WT.L NA"I JASPRNE ACRES 2101KI LTNE T4&-F Lf N 6"W E 521.16' OF 1� L ME i MMAR 11 VG 1� Nalffil"16 11-0, LOT 3,BLOM I R-40 3.7.9 AC+ LOT%max I EJASMZNEIV SF CORNER SEC 32 IN.T—S cc 115 7 4 PROJECT: OWNEROEVELOPER: 2030 S. WASHINGTON AVE, DWG# BOLL COOK ENMEIT,ID a3617 18094-E)( DELANO ZONING R-40 INVESTMENTS,LLC P.,(208)396-8104 PROJECT# 4�'z of BOUNDARY F.'(208)398-8105 18094 183E A T 4 N.,R.I E.,B.M., ADA COUNTY,IDAHO M07- DATE: 312o2o SHEET WWW.SAWrOOTHLS.COM , I OF I Page 29 Meridian City Council Meeting Agenda May 26,2020— Page 171 of 616 C. Preliminary Plat(date: 2/1 8A2019 3/12/2020)&Phasing Plan REVISED PREL MINMY PLAT FOR E, FLANO SUBDIVISION -A- 11 11 Sw 1 53 j�. 4�MIERY --------------- --- ----- ---------- -------�Yj z 0 L------------ z '71 - --------- L 1 i viol 0 2 z CI Page 30 Meridian City Council Meeting Agenda May 26,2020— Page 172 of 616 D. Landscape Plan(date: 2/20QO19 3/14/2020) RIEVISED PLANT RALF7rE =r�u_ MI=__­==V=I_v it zv= m ==Uz— a::*. ft JENS E b gm=�_ =7 NT DATA (D 0 IL CI) —T Ik— z FEB < I _j z W ,LANDSCAPI! ALV)LATIONS Ll KO`rr=� FLANT fPALr:77r: '.4*_I.rZ—,VFL �44.­­11.1 VrT��;V�­_­ u� HE PF�"ELOPMEN7 DIATA MEE 7LMTW�T-M z 5 0 LU > A Ow 0 AWL�N��ZE W�T IF�FE�E z END LLI 0-11 :3 w �AU�L.A�I�\- nm_ �HT W.- .. LAND�APE PLAN n LI Page 31 Meridian City Council Meeting Agenda May 26,2020— Page 173 of 616 E. Possible Conceptual Development Plan for Parcel to the North Poss'ble FuLure Deve[opment Pattern T�l A if rr Page 32 Meridian City Council Meeting Agenda May 26,2020— Page 174 of 616 F. Qualified Open Space Exhibit& Site Amenities REVISED —SF ffl �a7ff SF� ... . DFLANO SUBDIVISION 1.17 acres of qualified open OPEN SPACE EXHIMT space without crossed out area RESIDENTIAL AREA�111 43 ACRES QUALIFYING OPEN SPACE-t1.23 ACRES(10-890 Note: The crossed out area does not count toward the minimum qualified open space standards because it isn't accessible at the west end,per UDC 11-3G-3B.le. Page 33 Meridian City Council Meeting Agenda May 26,2020— Page 175 of 616 PROJECT AMENITIES As the develope, we have researched and interviewed potential homeowners and followed the city ordinance to plan the most productive amenities for this area and this development. The amenity package exceeds the requirement of Meridian City Code. Meridian City Code requires that the application provide one amenity for projects up to 20 acres.We are proposing five additional amenities for a total of_six including a neighborhood park with a shade structure, a play structure,seating area, climbing boulders,climbing dome and a pedestrian pathway.We are proposing a second open space lot on the southwest corner of the development, This lot will help to buffer the existing home in the Champion Pa rk Subdivision and will include several amenities including public art and a seating area. Proposed Amenities: -Acre Neighborhood Park-The large park will contain the following recreation facilities: Large 2/3 Shade Structure Play structure Seating areas with benches Climbing Dome Climbing Boulders Public Art L A�qN(_'fT� W'v Y 2 L _f GLITIMN pe 0 PiGN;c,5W-LTM A& 10 Page 34 Meridian City Council Meeting Agenda May 26,2020— Page 176 of 616 G. Conceptual Building Elevations(Single-Family A4aehed4Detached and Multi-Family Apartments)REVISED PROPOSED HOME ELEVATIONS AND HOUSING STYLES 1U. Page 3 5 Meridian City Council Meeting Agenda May 26,2020— Page 177 of 616 STU -A 691 PF-M Page 36 Meridian City Council Meeting Agenda May 26,2020— Page 178 of 616 V- Pk Page 37 Meridian City Council Meeting Agenda May 26,2020— Page 179 of 616 H. Parking Exhibit REVISED 7' 58 park�ng spaces z z _j 0 (L 55 w IL CO) -j C) (L z < _j Z LLI 9 C3 -i Z%-T IL 1112 1 LI Ll Page 3 8 Meridian City Council Meeting Agenda May 26,2020— Page 180 of 616 1. Site Plan ------------ -- ---------- L2 z� 1,,-A-1 I I I U I I I 11.1 LPU I I I I I I T DELANO SUBDIASION SITE LAYOUT VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIWISION 1. A Development Agfeement (PA) is required as a provision of amexation of this pfepeft�- Prior-to approval of the annexation or-dinanee,a DA shall be entered 440 between the City 0 Mer-idian,the pr-epet4y eNN%ef:(s) at the time of aaaexmien or-diname adoption,and the developer, Guffen4y, a fee of$303.00 shall be paid by the Appheant to the Planning Divisi prior-to eeffffneneement of the PA. The PA shall be signed by the pr-opefty owner- and r-etumed to the Plafming Division within six(6)mooths of the City Couneil gfianting the annexation. The DA shall, at minimum, iaeer-por-a4e the following a. Futafe development of this site shall be generally seasisten4 with the pr-eliminafy plat,phasing plan, landseape plan and soneeptual building elevations ineluded in Seetion V11 and the pr-wvisions eet4aiaed her-ein. Page 39 — Meridian City Council Meeting Agenda May 26,2020- Page 181 of 616 b. A Conditional Use Pefmit is r-e"ir-ed to be submitted and appr-eved for-the ffmiti famil development prior-to application for-Geftifieate 'Z C nplianee and Design Review. e. All fymlti family stndet+wes shall eemply with the design sta-adafds listed in Ar-ehiteettifal Sta-adafds Mantial. An applie4ion for-Design R&view M-1 Certifieate of Zoning Compliance shall be submitted and approved for all ffmiti family stnde4ffes prior-to submittal of building peffflit applie4ions. d. Single family homes along the west a-ad aei4h pet:iffleter-betladar-ies E)f the development shall be r-estrieted to a single story in height as proposed by the Developer, Homes q4ong the vvest betwdary are a44owed to ha-ve a beaus r-ooffi_ but ne r-e—faeiaR windows shall be allowed for-the bE)P,,Us r-E)O . e. The rear and/or side of 2 story structil es on Lots 9 12, Block 1 and Lot 2,Bleek 5 th faee N. Gentrepointe Way shall ineor-porate artieulation through ehanges in two or more of the following: me"14iefi(e.g.pr-ojeetions,r-eeesses, step baeks,pop Otits),bays, banding,par-ehes,baleenies,m4er-ial types, of other-integr-ated afehiteettir-al elefnef4s to break up meaetoaous wall planes and Foof lines. &mgle s",stmetures ao;e e*emptfto this requir-emeW. fl. The eenstfuetion of N. Gentr-epointe Way ffem the sou*em boundary to the neAhefa boundary of the annexation area(stub to Wetig par-eel#R4 582530100) shall oeeuf Wi the first phase of development. The eoi*ieetieti of Pashweed Ave. to the e street to the nefth(Dasl+woed A.) is aim3r-oved as a temi3empv emer--4eney aeeess and pedestfian ewmeetion-tm4il Gentr-epiente Wa-v is exteaded to 3A1a4+wr4,4ht Dr-., or-within ten(10)�,xeafs,whiehever oeeur-s first. When CepAfepeinte Wa-v is extended-to WainvffieM Dr., Dashweed A.will be rveoastmeted as a publie stfeet for-vehieu4af eenneetivity to Waiawr-igW Dr. as r-eEittir-ed by AG14D. g. The R 8 and R 15 zoned property totaling 11.3*/ aer-es shall provide a minimum of 1.13 1 the R 40 zoned pr-ope#y totaling 3.64=/ aefes shall provide a minimum of 0.36 of an aer-e (in addition to the open spaee required in UDG 11 4 3 27C for-multi famil developmen4s). i. Provide vehieulai-7 eemeetion to the pr-opeFty to the east(Par-eel#R4582530202)thFough the R 40 zoned property via a Weal st-Feet or-a driveway as set&Ah in UDG 11 3A 3A.3. if a dr-iv pr-evide a er-ass aeeess/mgfess egress easement to thar pFepei4y; sub-m-i;_-A -r-peceeFded eopy of the easement to the Planning Division prior-to signatufe on the final plat by the City Engineer, j. No building pei:fnits shall be issued on this site ui4i!the tmder4ying property is r-eeer-ded iffl-;—I fiFfl—Al-plat. 2. The preliminary plat ineluded in Seetion 441A,shall be revised atWst 10 days prio the City Couneff hearing as followsl a. Depiet an easement for-the Noufse Later-a!along the aw4h betladmy of the site. if the easement is 10 feet or-gr-ea4er-, it shall be laeated within a eeWARea lot th4 is a Millima 20 feet wide and otAside of a feneed afea tmiess modified by City Getmeil as set feAh in UDG 11 3A 6D.If the lateffl!is leeated eampletely off site and an easement dees no enei-aaeh on Mis site-, submit w4tten eefffimiatien ofsmehftem the Irrig:afien AsMet. b. The stfeet buffer-and minimum 5 feetwide detaehed sidewalk on the east side of N. Gentr-epointe Way shall be ineltided in the first phase(instead of the third phase)e develepmen4;the phase boundary shall be adjusted aeeer-ding!�-. Page 40 Meridian City Council Meeting Agenda May 26,2020— Page 182 of 616 3. The landscape plan included in Section AIII.0 shall be revised at least 10 days prior-to the City Couneil hearing as followsl a. inelude mitigation infer-mation on the plan for-any&iisting trees on the site that are flet r-emoved by the Fesidential pr-opei4y owner for-fire wood in aeeOFd With the standaFdS listed in UPC 11 3B 10G.5. As maw,,&Eistinf4 tfees as possible alon�-,the soi-itheffl- boundafy of the site shall be Fetaiaed-on44e-,4,- b. include the linem feet of pm",ays and the FeqttiFed N'S. PFOposed PmMbeF Of tFees in the Landseape Calettlations table demo pliance with the standards in UDC 11 3A 17 and 11 3B 7G. o. inelude the finem feet Of StFeet bttff-eFs and the FeqttiFed vs. PFOposed Pmmbff Of tFees i the Landscape Calculations table demonStFating compliance with the standmds in UDG i i 3B 7G. d. Depiet trees and shf+tbs in the minimum 20 foot wide stfeet bttf-feFs along CefitFepointee Way in aeeOFd with the standards listed in UDC 11 3B 7C. 4. The 50 foot wide pFivate StFeet easement(i.e. jasmine Lane) shall be Felinquished WheFe tit er-osses the stfl�eet pr-eper-ty. Pfoof o4elin"ishment shall be s4mitted to the Planning Division pr-i on the final plat by the City Eflgifieff. 5. NOFth Dashwood PI. shall be extended as a fidil aceess StFeet ifitO the Site With the first phase of development in aeeor-d with UPC; 11 3A 3. 6. Loeal street aeeess (or-a dr-ivewaj-with a er-oss aeeess easement) shall be provided to the PFOpeft�40 the east of the R 40 zoned PFOpefty(Parcel#R4592530202) as set fefth in UDG 11 3A 3A.3. The Appheant shot4d eoor-difiate with the develapeF of that pfoper-ty on a loeation for-the aeeess. if a dri�veway is provided, a Feeer-ded eopj,of the er-Oss aeeess easement shall be submitted tothe-Planning Division. tur-e on tke Anal pla4 bj the City Engineer-for-the phase in wkieh it is loeated (thifd pliase), 7. For-lots aeeessed by eommon dr-iveways, an exhibit shall be stibmitted�with the final pla appheation that depiets the setbaeks, feneing,building efivelOpe afid Ewiefitatiffil Of the Wts and stfuetufes. Dr-iveways for-abutting pr-opei4ies that afen't taking aeoess from the oommon driveway(s) shall be depieted on the opposite side of the shared pfopei4y line away ffom the eemmon dr-iveway. Solid feneing adjaeent to eommon dri�,,&ways is prohibited tf separated by a minimiam 5 foot wide landseaped bug2r, 8. Pr-ovide address signage for homes aeeessed by the eommen dr-iveways on Lot 5,Week 9, Bleek 4 fef emer-geney wayfinding pur-poses. 9. A per-pettial ifigr-ess/egfess easement is r-e"ir-ed to be filed With the Ada GE)JI33 y ReeOfde all eommen dr-iveways,whieli shall inelude a r-e"ir-ement for-maipAenanee of a pm,ed sur-faee eapable of sttppai4ing fire iehieles and equipment. A eopy of the reeor-ded easement shall be submitted to the Planning Di14sion PAOF tO SigHatWe on the final plat by the City Engineer, 10. All existing stndetttres on the site shall be removed pfief to Gity Engineer signat--Hr-e on the final plat phase in whieh they are laea4ed-. Page 41 Meridian City Council Meeting Agenda May 26,2020- Page 183 of 616 11. Pafk4ng is r-estfieted to only ene side of the 27 feet wide stfeet seetiefis; signage shall be installed prohibiting park4fig en one side of the st+eet to ensiffe emergency aceess ean be provided. B. PuBme Wopws 1. Site Speeffie Conditions of Approval i4 A stfeet light-plan will need to be ineltided in the final plat applieation. Stfeet light plan ents are listed in seetion 6 7 of the City's Design Sta-adafds. A eepy ef the S P�&--ds ean be fe�d at t-----— i.2 The fellowing proposed manholes have less than YEW eever: A 3,A 4,A 5, G 1 and Publie Works has previously diseussed with the appheant the possibility of using grinder . �these shallow areas,but the plans do not note the use of them. if the par-eel to ;—h-te of the mtthi family is to be setwed by Mefidian, applieafA must sttib sewer-at minifymm slope in N. GefAfepoif4e Way to the not4h botindafy line. 1.3 Eaeh phase ffmst be modeled to ensure adequate fire flow. 1.4 Publie Wor-ks has met with SUEZ W4er-and agf:eed that watef sef�viee to the HoAh for-the ffmiti family pot4ioa of the development will be pr-oN4ded aeeor-diag to how a*aexatioa pr-E)eeeds. Mer-idian will pr-wvide water-in Mer-idian, and SUEZ will pr-Ovide water-in Boise. if the area being eonsider-ed fef inelusion is to be served by the City of Meridian, the 124lie Wofks Depat4m&4 would like to haN�e a eompleted wa4er-main loop nofth to the existing water main in E. Wainwr-ight Drive. The puTese of this loop is not for-fiew and pr-es it is to er-eate r-edundaney a-ad for-mitigation of water-qu, emeems ad end mainh 2. General Conditions of Approval 2.i Appliea*t sha4l eeer-dinate wa4ef and sewer-maia si�e a*d fetifing with the P41ie W DepaFtment, a-ad exeeute standard fofms E)f easements for-any mains that are required to provide ser-viee outside of a p4he right of way. Minimum eover-over-seweF mains is thfee feet, if eover-ffom top of pipe to sub gr-ade is less 4ian thfee feet tha-a a4emate fnater-Ws shall be used in eeafefma-aee of City of Mer-idia-a Publie Wofks DepaftmefAs Standard Speeifieations, 2.2 Per-Mer-idian City Code(NIGG),the appheant shall be responsible to install sewer-a wateF mains to a-ad thFough this developmefA. Applieaa4 may be eligible foF a r-eimbufsemefA agreement for-infr-asti:aettffe eahaneement per-N4GG 8 6 5. 2.3 The appheant shall provide easemeftt(s) for-all p4he watefAewef mains otAside o publie f:igl#of way(ia4ade all wa4er-sey-viees a-ad hydr-a*ts). The easemefft widths shall be 20 feet wide f9F a single titility, of 30 feet w4de for-two. The easements sha4l not be dediea4ed via the plat,btA rather-dedieated otAside the plat pr-eeess using the Givy of Mer-idian's standmd fofms. The easement shall be gf:aphieally depieted on the pIa4 for- r-efer-enee pur-poses. Submit an exeeuW easement(on the fefm available fFom Publie Wofks), a legal deseription pr-epafed by an 1daho Lieensed Professional Land Sfffveyor-, w-hieh must inelude the area of the easement(marked EXHIBIT A) a-ad am 9 1/2"x 11" map with bear-ings and distanees (mafked-EX141BIT-B) for-review. Both exhibits must sealed, signed a-ad dated by a Professional Land SttFveyor-. DO NOT RECORD. Add a note to the plat r-efer-efteing this doetimefft. All easements must be stibmitted,reviewed-, and appFoved pr-ief:to development plan appr-ovalz Page 42 Meridian City Council Meeting Agenda May 26,2020— Page 184 of 616 2.4 The Gity of Meridian Fe"ir-es that pFessdfized it:Figatien systems be supplied by a year- r-ound sotifee of water-(IN4GG 12 13 8.3). The appheant should be r-equifed to tise any existing suffitee -11 -ate. for-the pr-imai�,sour-ee. if a sufface or-well sour-ee is available, a single point eonneetion to the eHlinafy watet:system shall be Feqiiir-ed. 4 a single point e0fineetion is titilized,the developefwill be r-esponsible fet:the payment o assessments foF the eoinnion areas pfior-to prior-to Feceiving development plan approval. 2.5 All e*isting stf+ietuf es that aFe Feqttir-ed to be r-emoved shall be pfiof to signattife on the final plat by the Gity Engineer. Any stf+iettwes that afe allowed to r-emain shall be subjeet to evaluation and possible reassignment of street addressing to be in eompliance with MCC. 2.6 All iffigation ditelies, eanals, latet:als, ot:dFains, &Eeliisive of iiat+wal wateinways, intefseet,... or-laying adjacent and eontiguotis to the afea being subdivided shall. be addr- I'D G 11 3A 6. in per-fofming stich work, the applicant shall conip!) with id �I-Ll-207 and any other-appheable law or-r-egWation. 2.7 Any&Eisting domestie well system within this pfojeet shall be Femoved f+opA domestie Fef City Ofdinanee Section 9 1 4 and 9 4 9 contaet the City of Mefidi -­ing DepaFtnient at(208)898 5500 for-inspeetions of diseonneetion of seFviees. fna-y be tised for-non domestie pwToses stieh as landseape iffigation if appFoved b 1daho DepaFtment of Watef Resonfees Contact Robeft B. Whitney at(208)3 3 4 2190. 2.8 Any systems within this project shall be r-emoved from seirviee pef City - 1 4 and 9 4 8. Gontaet Gentfal Distfiet Health for-abandonment Ofdinan— —I.—I pfoeedttf-s and inspeet.ans (-208)375 5-211. 2.9 Stfeet — to be in plaee, sanitary sewei:and water-system shall be alp-pr-oved and. aetivated,road base appFeved by t Ada Getinty Highway Distfiet and the Final Plat for- this subdivision shall be Feeer-ded,pf:iof:to applying fef building peFfflits. 2.10 A letter-of credit of eash stifety in the ainount of 110',o will be fequir-ed for-all uncompleted feneing, landseaping, amenities, ete.,prior-to signature on the final plat. 2.11 All impr-avements related to publie life, safety and health shall be eompleted pr-ief to oeetipaney E)f the sti:uettif es. Wher-e appr-oved by the Gity Engineef-, an E)W-ReF May pOst a- per-foFmanee sufet�y for-stiek impr-ovements in Ewder-to obtain Gity Engifleef si- the final plat as set fefth in UDG 11 5G 3B. 2.12 Appheant shall be fequir-ed to paj,P4he Wer-ks development plan r-eview, an e0flStFne I i i . I. i fees, as deteFmined dw-ing the plan r-eview pr-E)eess,prior-to the issuanee of a plan appr-oval letter. 2.13 it shall be the r-esponsibility of the appheant to ensttr-e that all development features eemply with the Amet:ieans with Disabilities Aet and the Fair-14ousing Aet. -2.14 Applieant shall be r-esponsible foF applieation and eamplianee with any Seetion 404 j2pr-��Rifig that may be r-equired by the Afmy Ger-ps of Engine 2.15 Developer-shall eaer-dinate mailbox loeationswith the Mefidian Post 0 2.16 All gr-ading of the site shall be peffeFined in eonfefinanee with N4GG 11 12 314. 2.17 Gempaefien test r-esiilts shall be s4mitted to the Mer-idian Bitilding Depat4ment for building pads feeeiving engineefed baekfill,where footing would sit atop fill material. Page 43 Meridian City Council Meeting Agenda May 26,2020- Page 185 of 616 2.18 The deSigH efigifleer-Shall be FeEtHir-ed tE) eel4ify that the Street eefAer-lifle elevations are Set a minimum of 3 feet above the highest established peak groundwater elevation. This is to ensufe that the bottom elevation of the er-awl spaces of homes is at least 1 foot above. 2.19 The applieants de *- -. shall be t:esponsible fot:ifispeetion of all ifFigation and,4 dFainage f4eility NN'ithifi this PFE�eet that EIO HOt fall t1fidef the jH4-:iSA-iP-ti0-4H Of-AH iffigatiOR diStFi6t OF AGHD. The design engineer-shall provide eeFtifieation that the facilities have beeft ifiStalled ift aeeOFdaflee With the appFE)N'ed deSigfl PlaHS. This effti-fieatkffi Will be FeElffiFed befOFe a eei4if4eate Of Oeetf. I . . El fOF aftj'StftletiffeS Withifi the PFE)jeet. 2.20 At the completion of the pfoject, the applicant shall be responsible to submit record dFawings PeF the City of Meridian AutoCAD standar-cls. TheSe FeOE)r-d dFawings must be FeeeiVed af1d appFE)N'ed PFiE)F tE)the iSSffaflee Of a eel4if4eatiOR Of Oeetipaney fbr-� StFLICtUfeS within the pfejecC 2.21 A StFeet light plan will need to be included in the eivil constfuction plans. Street light plafl Fe"iFefflefitS aFe listed in seetion 6 5 of the improvement StandaMS fOF Stfeet Lighting. A eopy of the standaMs ean be fettod at http:Alwww.fnefidianeity.OFg,�ptiblie-- . "' �--272. 2.22 The City of Mefidian FequiFeS that the owner-post to the City a PeFfofma..-, amo-ant of 12571; Of the tOtal e0fiStfldetiOR eOSt fOF all ifteOmplete SeWeF, inftastFuetwe p.... to final plat signature. This sufety will be verified by a line item e0st estimate pr-ovided by the ow-nef to the City. The stifety ean be posted in the fom of an iffeN'Oeable lettef of eredit, eash deposit OF bood. Appheant mtIst Ale an applieation f0f: StiFety,Whieh ean be fetind on the Gomffvdaity Development Depa4mefit website. Please eontaet Land Development Sefviee f6r-more infoFmation at 887 2211. 2,23 The City of MeFidiaa Fe"ifes tha4 the wwaeF POSt tO the City a waFFaaty stirety in the amo-ant of 2070; of the total e0flStfldetiOR eOSt fOF all eOff1pleted seweF,wE4eF and Feuse inftastFuetufe foF dur-ation of two years. This sufety will be vefified by a line item eost eStifflatO PFON,ided by the E)W-ReF tE)the City. T-ke Stffety ean be posted in the f4m E)f iffeN'Oeable lettef of eredit, eash deposit OF bond. Appheant mt1st file an applie4ion for SHFOty,WhiGh OaR be fb�d on the Community DevelapmeR4 Depai4mentwebsite. Please eentaet Land Pevelopme+A SOn'iGO fOF MOFO ififOFMatiffll at 997 2211. C. FIRE DEp,sRT-mENT- Hiei-idiaiieitv.ai�e�W-ebLink�&aifwe.as-ff-?id---18 4561&dbid--O&itt2e—A[e4diyiiQ4 Y D. POLICE DEP,kRT-mENT httos-.--,44vebhnk.Hiei-idiaiieitv.ai�e�W-ebLink�&aifwe.as-ff-?id--18 4570&dbid--O&tt2e—A[e4diyiiQ4 Y E. COA4A4UNIT-V A64.NNiNG AssoeikT-ioN 9F SouT-itwEsT-104.110(COMPASS) F. N4.AW4.&A4FRiDikN!RRAGkTION DISTRIC-T httv.-Avebliiik mie4t4diie4w ei�e4vebU4444ocZ4 65231,zPa�--el.dry Page 44 Meridian City Council Meeting Agenda May 26,2020- Page 186 of 616 G. SETTLER'S!RMGATION DIST-P4C-T hmp--Avebfink mepidiameiiw.er-je4veb14mk-&444ec,14 6481A4Rajee!.a:q 14. CENT-RA�6 DIST-PuG:F 14E,44,qPH- 3?id---46:5040&dbi 1. DEPART-AiENT-OF EN;4RONAWNT-A�lm Q-114,444TV(DEQ) j. 3A,Esqp Alm sellOOL DIS:FP,4c-T(NVASD) K. A4)2k Gou*F*144GwALAY DISTPaCT(ACHD) L. QT*oF BoisE ht"--,44t,eblinkmeridianeitv.or-zlW-ebLink4br-eivse.asff?id--184571&&dbid--0&.&ieiqo-Ak,-idia-m- el�t IX. FINDINGS A. COMPFeheasive Plan Map Amendment Upon feeemmendation from the Commission, the Gotmeil shall make a full kwestig and shall, at the publie h 1 -1 . 11 the applieation. In order-to gr-ai#an amendme the Comprehensive Plan-,+he Getineil shall make the following findings.: Page 45 — Meridian City Council Meeting Agenda May 26,2020— Page 187 of 616 1. The-pr-e-posed ameadment is eefisistepA with the other-elefnen�s of the Compr-eheasive Plan. The Gemmi7gigienfind-s MeigFoposedniap amendnientan,4F-LUAttdegi�giiation of-MUR k eon:qistentwi the GenTr-ehensh,e Plan if the property,to the north 6Pareel#R 45825=301 00) is a4e ine-luded in the niap amendment as.detailed in Seetion V 1 4this repert, 2. The pr-epesed amendment provides an impr-Ewed guide to fittur-e growth and development 9 the eity. — The Gqmmiss-ien find-s Mat the]ppepes-al te medb�,the fi;WH,-e Land U-se Map to inelude a pareel of land that k eupreW4,in the 00,afBeis-e;qplanning areafer development in the aleng with the adjaeentpareel to the nor4h as reeoniniended-, wiUproi,,ide an iniproi,,ed g:Hide tefitture groit,th and de+,elopment ofithe City if Me O#y efiReise appro+ws an adjustment to theb,,4rea el�ATaet beundw�,- 3. The pr-eposed amendment is ipAer-nally eeasistefi4 with the Goals, Objectives and Polieies of the Compreh-nsive Plan. The Geniffliss-ienfind-s Ma�Me pi-epes-ed aniendment is eenAgtent with the Goa&, Objeehi,,es-, and P-eheies-O*Me Gemprehens-4v Plan a79 neted in Seetielf V 4. The proposed amendment is eensistepA with the Unified Develepmeft4 Ged-e. Ae Gonintissionfind-s that the proposed aniendment is eonsistent with the Unoe Develepment Gede. 5. The amendment will be compatible with existing and planned stwFounding land uses. The Gonintissionfind-s the proposed antendment will be eompatible with adjaeent evistiIHIg residential andfuture eenimer-eial hwes. 6-.- The pr-opesed amendment will not bufden e*isting a*d plafffied sefviee ea-pabili The Genifflissienfind-s Ma�the j9popes-ed aniendment will Het bu4eH e�eistiffg andjqlann sei�viee eapabilities in this.Portion of the Sewer and-wa�e,-seFviees are aimilable to be e�Etended to this site. 7. The proposed map ameadment(as appheable)provides a legieal jtvitapesition of uses tha allows suffieient area to fnifigate any antieipa4ed impaet asseeiated with the deveiepmen4 of the area. The Genifflis-sienfind-s the]prepes-ed map aniendment1grei4des.a legieaIjux-tapes-itien ef Hses alld suffleient apea to mifigate any develepnient inTaets to adjaeent preperfies. 8. The pFeposed amendment is in the best ipAer-est of the City of Mefidian. For the reasons stated-in See-fien V and-the sukieetfindings abo+�--, the Commission find-s thd the pt;epes-ed aniewhnent is.in Me best interest ef Me 00,if the par-eel te the nepth is.also ineluded in the aniend-nient as.reeeniniended-by St4in Seefion V 1. B. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: Page 46 — Meridian City Council Meeting Agenda May 26,2020— Page 188 of 616 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Councilfinds the proposal to annex and develop the subject property with R-8, R-15 and R-40 zoning is consistent with the MDR and MU-R FLUM designations; however, it's not consistent with connectivity goals andpolicies in the Comprehensive Plan (e.g. #3.03.03C). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Councilfinds the proposed map amendment and development is consistent with the purpose statement of the residential districts in that it would contribute to the range of housing opportunities consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety,and welfare; The City Councilfinds the proposed map amendment and subsequent development would be detrimental to the public and adjacent residents if Centrepointe Way isn't extended to Wainwright Dr.prior to development of this property and the extension ofDashwood Pl. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Councilfinds that City services are available to be provided to this development. The School District has submitted comments, included in Section VIIIJ, that currently show student enrollment is below capacityfor the elementary school and within the capacityfor the middle school and high school once Owyhee High School is opened; the City Councilfinds the proposed map amendment would not result in an adverse impact on the school district. 5. The annexation(as applicable)is in the best interest of city. The City Councilfinds the proposed annexation and development is not in the best interest Of the City at this time due to Centrepointe Way, a collector street, not being extended to Wainwright Dr. C. Preliminary Plat(UDC 11-613-6) I. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Councilfinds theproposedplat is generally in conformance with the UDQ however, it is not in conformance with the Comprehensive Plan due to connectivity reasons if Centrepointe Way is not extended to Wainwright Dr.prior to development of this property. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Councilfinds public services can be made available to the subject property and are adequate to accommodate the proposed development. Page 47 Meridian City Council Meeting Agenda May 26,2020— Page 189 of 616 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Councilfinds theproposedplat is in conformance with scheduledpublic improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; The City Councilfinds there is publicfinancial capability ofsupporting servicesfor the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Councilfinds the proposed development would be detrimental to the public safety and general welfare if this property develops prior to the extension of Centrepointe Way to Wainwright Dr. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historicfeatures that would need to be preserved with this development. D. AlteFaafive Complianee (UDG 44 5B 5E) Reqttir-ed Findings: In or-def to gr-aft4 appr-eval faf an Altemative Complianee appliea4iea,the Dir-eete shall detefFaiiae the fellewin-g- 1. Str-iet a&er-efiee or-appliea4ioa E)f the r-equir-ements are not feasible; or- &a#fiHds that striet adher-enee or qt�pheation of the requh;ement-s of UDC 11 3G 3 are jeasible. 2. The ahema4ive eomplianee pr-evides an equal or- Is for-meeting - requirements; and S4qfffin6& the jqr-epes-ed-alter-nafive means.of eamplianee ppovides an equal medns-feF meeting the requipements in fDG 11 3G-3�. 3. The altemative means will not be mater-ially detr-ifnefftal to the publie welfafe or-impair-the intended uses and ehar-aeter-E)f sufr-ounding pr-epeffie& Stafi�fin,-k the alter-native means oceenT44ng with UDG 11 3G 3 will net be niater4a!4 detr4mental to the Igublie weo��er inTah-Me intended uses and eharaeter qfsHt:weundiHIff pi-eper4ies and will aetuagy be a benej&te the pubbe we0qnv by pi-eviding a bqfi�er beAwen the high densii�,and medium densii�,residential uses and 2 and 3 s.",struetuFes. Page 48 — Meridian City Council Meeting Agenda May 26,2020— Page 190 of 616 ITEM SHEET Council Agenda Item - 5.1-1. Presenter: Estimated Time for Presentation: 0 Title of Item - Findings of Fact, Conclusions of Law for Idaho Central Credit Union (H-2020- 0016) by Idaho Central Credit Union, Located at 3152 W. Peak Cloud Ln. Council Notes: MMM J& MMMOM ATTACHMENTS: Description ype��� upload Date Findings Findings/Orders 5/20/2020 ExhibitA Exhibit 5/20/2020 EM REVIEWERS: Clerk. Johnson, Chris Approved 5/22/2020 - 9:19 AM Meridian City Council Meeting Agenda May 26,2020— Page 191 of 616 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EF� ' N,­ AND DECISION& ORDER In the Matter of the Request for a Modification to the Development Agreement for TM Creek Subdivision(H-2015-0018,Inst.#2016-037777 and H-2017-0124,Inst.#2017-113747)to Update the Existing Conceptual Development Plan to Allow for the Development of a Financial Institution with a Drive-Through,by Dustee Woolstenhulme,Idaho Central Credit Union. Case No(s).H-2020-0016 For the City Council Hearing Dates of. April 7 and 14,and May 19, 2020 (Findings on May 26, 2020) A. Findings of Fact I. Hearing Facts(see attached updated Staff Report from the hearing date of May 19,2020, incorporated by reference) 2. Process Facts(see attached updated Staff Report from the hearing date of May 19, 2020, incorporated by reference) 3. Application and Property Facts (see attached updated Staff Report from the hearing date of May 19,2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached updated Staff Report from the hearing date of May 19,2020, incorporated by reference) B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ICCU AT TM CREEK—MDA H-2020-0016 - I - Meridian City Council Meeting Agenda May 26,2020— Page 192 of 616 7. That this approval is subject to the Conditions of Approval all in the attached updated Staff Report Erom the hearing date of May 19,2020,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § I I-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a modification to the Development Agreement is hereby approved per the provisions in the updated Staff Report from the hearing date of May 19,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651 IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement.Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-652 1, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of May 19,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ICCU AT TM CREEK—MDA H-2020-0016 -2- Meridian City Council Meeting Agenda May 26,2020— Page 193 of 616 By action of the City Council at its regular meeting held on the 26th day of May 2020. COUNCIL PRESIDENT TREG BERNT VOTED AYE COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED----- COUNCIL MEMBER LUKE CAVENER VOTED ------ COUNCIL MEMBER JOE BORTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED ------ (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-26-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ICCU AT TM CREEK—MDA H-2020-0016 -3- Meridian City Council Meeting Agenda May 26,2020— Page 194 of 616 EXHIBIT A STAFF REPORT El� COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/19/2020 RT C C_ DATE: �r_-CPII 0 Continuedfrom: 41712020, 411412020, t Lacc:Sm and 51512020 RUT TO: Mayor&City Council C-N FROM: Sonya Allen,Associate Planner r 208-884-5533 C-C RUT SUBJECT: H-2020-0016 ICCU at TM Creek-MDA LOCATION: 3152 W. Peak Cloud Ln. C-C R-8 _IE 1. PROJECT DESCRIPTION Modification to the existing Development Agreement for TM Creek Subdivision(H-2017-0124, Inst. #2017-113747)to update the conceptual development plan for the site to allow for the development of a financial institution with a drive-through. 11. SUMMARY OF REPORT A. Applicant: Dustee Woolstenhulme, Idaho Central Credit Union—4400 Central Way, Chubbuck, ID 83206 B. Owner: Brighton Land Holdings,LLC—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 C. Representative: Aurora Riopelle, Lombard Conrad Architects— 1221 Shoreline Ln., Boise, ID 83702 111. STAFF ANALYSIS The Applicant proposes to amend the conceptual development plan included in the existing Development Agreement (H-2017-0124, Inst. #2017-113747). This property is zoned C-G and is designated MU-C (Mixed Use — Commercial) on the Future Land Use Map in the Comprehensive Plan and is within the area governed by the Ten Mile Interchange Specific Area Plan. The existing concept plan depicts building footprints for three (3) separate structures on Lots 9-11, Block 2,TM Creek Subdivision No. 2. Structures are depicted adjacent to the street buffers along Ten Mile and Franklin Roads to the north and west, and to the drive aisle along the south boundary with parking internal to the site. A single driveway for a drive-through is depicted on the north and west Page 1 Meridian City Council Meeting Agenda May 26,2020- Page 195 of 616 EXHIBIT A sides of the building at the comer of Franklin and Ten Mile Roads. The Applicant intends to combine the three(3) lots into one (1)parcel through a subsequent property boundary adjustment application and construct one (1) building on the site for a drive-through financial institution for Idaho Central Credit Union(ICCU).The proposed revised concept plan depicts a 5-,67-2 19,200 square foot 4n& 2-story 2-2-30+-foot tall structure with five (5) drive-thra lanes on the ffei:th south side of the building adjacent to the st+eet buffer along W. Franklin Rd. with an exit driveway alefitt-he. ;vest sidde, of the building adjaeent to the stfeet buffer-along S. Ten Mile Rd. and parking to the south and east of the structure. The Development Agreement(DA)(H-2015-0018,Inst.#2016-037777)states, "Most buildings along S. Ten Mile Road should address the street by being built to the street buffer with windows overlooking the pathway to provide security to the pedestrians and bikes on the pathway in accord with the TMISAP." This provision is especially important as this site is situated at the comer of two major access thoroughfares (Franklin & Ten Mile Roads) and is highly visible from these roadways. The revised concept plan roposeds the building r1s=­01E-Iffinified to be built to the street buffers adjacent to S. Ten Mile Rd. and W. Franklin Rd. with windows overlooking the pathwqy along Ten Mile Rd. as desired a*d with the five (5) drive-through lanes located to the south of the building_will-�� visible from Ffankli Ten Mile Rd. 'b P ietiffg which is generally consistent with the intent of the aforementioned DA provision. The DA also requires all future development to be consistent with the design elements contained in the Ten Mile Interchange Specific Area Plan(TMISAP), the design standards listed in UDC I I-3A- 19 and the design guidelines in the Meridian Design Manual, which has been replaced by the Architectural Standards Manual.The following are goals and design elements in the TMISAP that are applicable to the proposed development- Staff s analysis is in italics with Ljpdated comments from the Memo to Council dated Mgy 14, 2020, in underline format based on the revised concept plan and building elevations included in Section V.13: TMISAP: • Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential-the proposed drive-through use and design with 5 drive-through lanes is extremely vehicularfocused and notpedestrian as desired. Although the proposed use is by nature vehicular focused, pedestrian walkways are pmposed from perimeter sidewalks along adLacent streets and driveways to the main building entrance from all four sides of the site consistent with the Plan and UDC 11-3A-19; • Street-oriented design is critical in urban envirom-nents and especially at a gateway to the Ten Mile Area such as this;buildings should be at or close to the property line creating a consistent edge to the public space and making streets more friendly and walkable-the proposed structure is separated by(5) drive-through lanes on the north side of the building adjacent to W. Franklin Rd. and(1) driveway on the west side of the building adjacent to S. Ten Mile Rd. The structure has been moved to the corner with the drive-throygh lanes and parking to the south of the building creating a street-oriented desjp_n with a consistent ed e g_ to the public�Epace making streets more friendl y and walkable consistent with the Plan; • All new commercial buildings should have a continuous unbroken frontage along required build-to lines to a minimum height of 30 feet for at least 75%of the property frontage-the proposed building height is only 22feet; most of the existing structures in the overall development sofar are built to thefrontage. Furthermore, the proposed building and site design lack any gatewayfeatures or enhanced integration with the overall site and district, despite the prominent corner visibility. Although the new building exceeds 30 feet at 36 fee in heip_ht in accord with the Plan, it does not have a continuous unbroken frontyge alon Page 2 — Meridian City Council Meeting Agenda May 26,2020— Page 196 of 616 EXHIBIT A required build-to lines for at least 75%of the propem frontage as desired—it is approximately 64%as proposed; • New buildings at street intersections should hold the comers and avoid additional building setbacks unless a new public space is specified—the proposed building is set a substantial distance awayfrom the intersection and is separated by a major vehicular oriented use[i.e. (5) drive-through lanes]; no public spaces are proposed. The building now holds the corner at the intersection and avoids additional building setbacks consistent with the Plan; • At least 40%of the linear dimension of the street level frontage shall be in windows or doorways—while the west elevation is consistent with this design element, the north elevation has no windows or doorways. The revised desikn of the buildinjz meets the minimum 40%of the linear dimension of the street level frontyge alom Ten Mile and Franklin Roads in windows or doorways as desired; • The goal in these areas is to achieve a FAR(floor area ratio)of 1.00-1.25 or more—the proposed development has a FAR of 0.06, which is 0.94 under the minimum desired. In order to achieve this goal, and recognizing site limitations with the Ten Mile Creek, buildings must be multi-story or make heavy use ofsharedparking areas and with less vehicular-oriented design.Multi-story examples of other banks that would be in closer alignment with FAR goals, exist at the NE corner ofFairview and Eagle and on the SE corner ofEagle and Overland. Sofar, this overall area is not developing consistent with the FAR goal in the Plan. The floor area ratio (FAR) has increased from 0.06 to 0.22 with the increase in building square footage from 5,672 to 19,200 square feet. Although a substantial increase, it's still not consistent with the goal of 1.00-1.25 or more in this area; • Building heights should be 2-4 stories over much of the area with opportunities for taller buildings in a few locations—the proposed building is only a single-story in height. Sofar, the TM Creek commercial use area has only developed with single-story buildings; the future commercial buildings to the east in the TN-C district are required by the DA to be a minimum of 2-stories in height. Four-story apartment buildings have been constructed to the east within the TM Creek area. Single story structures surrounded by surface parking and drive aisles make it difficultfor the plan to ever meet the unique destination elements of the Plan that would draw and support broader demographic diversity important to many employers. The heip—ht of the building was i.ncreased from I-sto1y to 2-stories consistent with the Plan. UDC 11-3A-19: • Site design: For lots with frontage on a public street, a minimum of 40% of the buildable frontage of the property shall be occupied by building facades and/or public space; within mixed use areas, buildings may be placed away from roadways if a minimum of 30% of the buildable frontage is occupied by building facades and/or public space. The building is proposed to be located away from the adjacent roadways; there are no buildings or public space along the frontage of this property, however there are buildings along the buildable ftontage on the larger mixed use designated area. The updated building elevations are consistent with the 30%ofbuildable frontgge ofthe site occupied by building facades required by UDC 11-3A-19 in mixed use des�p_nated areas. • Pedestrian walkways: A continuous internal pedestrian walkway that is a minimum of 5 feet in width is required to be provided from the perimeter sidewalk to the main building entrance(s) for nonresidential uses; where the walkway crosses vehicular driving surfaces, it is required to be distinguished from the vehicular surface through the use of pavers, colored or scored concrete or bricks. There is apedestrian walkway depicted on the siteplanfrom the sidewalk along Ten Mile Rd. to the main building entrance but there is not a pedestrian walkway from the north from the sidewalk along Franklin Rd. Pedestrian walkways are proposed from perimeter sidewalks along ad acent streets and driveways to the main buildin L Page 3 Meridian City Council Meeting Agenda May 26,2020— Page 197 of 616 EXHIBIT A entrance from all four sides of the site consistent with the Plan and UDC 11-3A-19. During the pre-application meeting, Staff discussed with the Applicant the need for the structure to be built to the street buffer along Ten Mile and Franklin Roads and discussed other site design options. These options consisted of locating the drive-through on the south side of the building or detaching the drive-through from the building and locating it south of the building similar to that of CapEd Credit Union located at the intersection of S. Meridian Rd. and E. Overland Rd. shown below. The proposed qpdated plan is def4eiefft in many e generally consistent with the goals and design elements of the Ten Mile Plan as noted above. Due to its location at a major intersection and gateway to the Ten Mile Area, development of this site consistent with the TMISAP is key. A gateway feature in the form of a sign is proposed at the intersection within the street buffer to announce arrival at"Ten Mile Crossing"as desired in the Plan. The Developer(Brighton) also stated in an email to Staff that they intend to retain the area a bit and create an guanded plaza paver& seating area with sandstone seatiniz between the sign and the comer-details to be provided at a later date. The Developer also plans to work with ICCU to create an improved area along the creek to the east of the ICCU building for employees to gather and relax. If the proposed eoneept plan is approved by City Couneil, Staff meommends as a pr-o-Asion o the amended DA that se D14ded in the street buMr-s along S. Ten Mile Rd. and MI. Fr-anldin Rd. adja( gh lanes in the form of ber-ms, landseaping, walls, ar-eh evet-mr-0-11 ellemients, or- a eombination of these elements to pr-oduee an appropriate bu adjaeent to publie spaees and roadways-. Note: Because this application only proposes to amend the concept plan, Staff did not review the building elevationsfor consistency with the design standards in the Architectural Standards Manual. This review will take place with submittal of a Design Review application with the Certificate of Zoning Compliance application. Therefore, the elevations submitted with this application are not approved. IV. DECISION A. Staffi. Staff recommends City Council consider if the proposed concept plan, elevations and gatew feature is are appropriate for this site and specifically in the Ten Mile Interchange area-; if4eented Page 4 Meridian City Council Meeting Agenda May 26,2020— Page 198 of 616 EXHIBIT A appr-epr-ivAe, Staff rwemmeads the following added pr-evision in the DA:. "Sereening shall be provided in the street buffers along S. Ten Mile Rd. and W. Franklin Rd. adj '-5) drive through lanes assoeiated with the WCU building at the F-r-anklin/Ten Mile iin the fefm of betq:ns, landseaping, walls, afehiteetwc4 elemeffts, or-a eombina4ion of these elements to pr-o"ee an appr-opr-i4e btiffer-adjaeent to p4lie spaees and r-eadw"s." B. The Meridian City Council heard these items on April 7 and 14,and May 5 and 19,2020. At the public hearing on May 19',the Council moved to approve the subject MDA reques- I. Summary of the City Council public heari= a. In favor: Mark Heazle; Dusty Woolstenhuhne b. In opposition: None C. Commenting:None d. Written testimony: Aurora Riopelle,Applicantis Re resentative e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony, a. None 3. Key issue(s)of discussion by City Council: a. The inconsistency of the proposed development plan with the design goals and elements of the TMISAP and the provisions in the Develoment Agre_ement- b. What contribution(if any)toward the Ten Mile Area would the Applicant be akin�in lieu of areas of non-compliance with the TMISAP? c. Impact on Ten Mile Area and overall TMISAP if this development is approved as d. The uniqueness of this site in relation to other properties in this area due to its location at aina Lor intersection(Eranklin/Ten Mile Rds.)at the gateway to the Ten Mile Area. e. Council was generally supportive of the revised concept plan, elevations and.�Ianned gateway feature and felt that although the-plans don't meet all provisions of the TMISAP,thev meet the general spirit of the Plan. 4. City Council change(s)to Staff recommendation: a. None Page 5 — Meridian City Council Meeting Agenda May 26,2020— Page 199 of 616 EXHIBIT A V. EXHIBITS A. Existing Conceptual Development Plan 77 E T 30i ill 111 La li 17 fULUL 71 LLJ T I 7 K A Y�Ml It:-H FE11 ZOO: Tj D Page 6 Meridian City Council Meeting Agenda May 26,2020— Page 200 of 616 EXHIBIT A B. Proposed Conceptual Development Plan&Building Elevations REVISED(dated: 5/14/20) p W.FRAI RM CUP SrrE FUN Vkw map J: Kyd 4obu I> Lea- TEN MILE MANCH T IDWO P.,.W Tbl. --------------- IID�O CEN�L CREDITUNION T1- PrO*W Notm k. FI Nd- PI III-hd -d3 .... .. ........ ULLL 7 SIFFE PLAN 1,10� W.PEW CLOWILN(PRIVATE) Cla 1. 13 I� CIA) Page 7 Meridian City Council Meeting Agenda May 26,2020- Page 201 of 616 EXHIBIT A Ll �H --TH ELEVATION t�OATH ELEVATF�N 1�CE� .72= ci WESTELEVATION IE= �RM MATERIAL VALE FTE ��T ELEVATION A4.0 1. 1. Note: The design of this structure is required to comply with the design elements in the TMISAP as set forth in the Development Agreement and with the standards in the Architectural Standards Manual. Detailed review and approval will take place with submittal of a Design Review application. Page 8 — Meridian City Council Meeting Agenda May 26,2020- Page 202 of 616 EXHIBIT A _jw- I I LOU ISM 4.. Page 9 Meridian City Council Meeting Agenda May 26,2020— Page 203 of 616 EXHIBIT A 4w mv —,NNW 11w, I'll Page 10 Meridian City Council Meeting Agenda May 26,2020— Page 204 of 616 EXHIBIT A C. Gateway Feature "j)LF Be M 8B�3) r 4-— Hm(fi) Pavers =T__6 ON P P!I W c�� ffieldfit) To P (5) -PH(2) P I P(11)) 13)P P2 (5) PIA�11 (5)PO HN (5)CE �p P�PP2 (1 AC 12' Entry Feature B p 7 MPP2 ———T (1,2�,If PAVER REFERENU F (b)CE Nn (5)CE mp(31 )N96- �t�3) HN , . 35, ACO) PP(11� LANDSCAPE 2 LF(2) BUFFER Hm( 4 PB LFJ4� p pp TEN K � IE zflr ,�, i NE�- Page I I Meridian City Council Meeting Agenda May 26,2020- Page 205 of 616 ITEM SHEET Council Agenda Item -5.1. Presenter: Sonya Allen Estimated Time for Presentation: 0 Title of Item - Development Agreement for Bach Storage (H-2019-0121)with Rami, LLC (Owner) and Bach Homes (Developer), Located at 2480 Eagle Rd. and 2500 N. Eagle Rd. Development Agreement between the City of Meridian and Rami, LLC (OWNER) and Bach Homes (DEVELOPER)for Bach Storage (H-2019-0121) Council Notes: T D T es A cr A C TTACHMENTS: Descriptio� I YRM loa ip S Signed DA-Bach Storage H-2019-0121 Agreements Contracts 15/20/2020 ig x i tj Exhibit A-H-2019-0121 lExhibit 5/20/2020 i i tE Exhibit B-H-2019-0121 lExhibit 5/20/2020 x i VI I REVIEWERS: DI%W Clerk. Johnson, Chris Approved 5/22/2020 - 9:19 AM Meridian City Council Meeting Agenda May 26,2020— Page 206 of 616 ADA COUNTY RECORDER Phil McGrane 2020-062947 BOISE IDAHO Pgs=40 VICTORIA BAILEY 05/28/2020 09:13 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Rami, LLC, Owner 4. Bach Homes, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 26th day of May , 2020, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E.Broadway Avenue, Meridian, Idaho 83642 and Rami,LLC,whose address is 11650 South State Street.,#300, Draper, UT 84020,hereinafter called OWNER and Bach Homes,whose address is 11650 South State St., #300, Draper,UT 84020 hereinafter called DEVELOPER. I. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code §67-651 IA provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section i 1•-58.3 of the Unified Development Code ('`UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner and/or Developer have submitted an application for annexation and zoning of one acre of land to the C-C(Community Business) zoning district and to remove the property listed in Exhibit "A" from an existing Development Agreement recorded in Ada County as Instrument # 108131099 for the inclusion into a new Development Agreement, under the Unified Development Code,which generally describes how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT—BACH STORAGE(H-2019-0121) PAGE I OF 8 Meridian City Council Meeting Agenda May 26,2020— Page 207 of 616 1.5 WHEREAS, Owner and/or Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 28th day of January, 2020, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and 1.8 WHEREAS,the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner and/or Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016,Resolution No. 16-1173, and the UDC,Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian,a party to this Agreement, which is a municipal Corporation and government subdivision of the state of DEVELOPMENT AGREEMENT—BACH STORAGE(H-2019-012 1) PAGE 2 OF 8 Meridian City Council Meeting Agenda May 26,2020— Page 208 of 616 Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue,Meridian,Idaho 83642. 3.2 O"ER: means and refers to Rami,LLC,whose address is 11650 South State Street.,#300,Draper,UT 84020,hereinafter called OWNER,the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to and Bach Homes, whose address is 11650 South State St.,#300,Draper,UT 84020,the party that is developing said Property and shall include any subsequent developer(s)of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to be annexed and a parcel to be removed from existing Development Agreement recorded in Ada County as Instrument# 108131099,with both parcels being bound by this new Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Development of the northernportion ofthe site(Parcel#S1 104233970)shall no longer be subject to the terms of the Development Agreement for the Regency at River Valley project recorded as Instrument No. 108131099. b. Future development of this site shall be generally consistent with the site plan,landscape plan and conceptual building elevations included in Section VII and the provisions contained herein. c. Future development shall comply with the structure and site design standards listed in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. Strict design review of all four sides of the proposed structures to ensure compatibility in appearance with the adjacent apartment complex to the east is required. d. Direct access to the site via N. Eagle Rd./SH-55 is prohibited. DEVELOPMENT AGREEMENT—BACH STORAGE(H-2019-012 1) PAGE 3 OF 8 Meridian City Council Meeting Agenda May 26,2020— Page 209 of 616 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement,Owner and/or Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 7.2, Owner and/or Developer shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws,ordinances and rules,including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer,or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions,and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience,strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. DEVELOPMENT AGREEMENT—BACH STORAGE(H-2019-012 1) PAGE 4 OF 8 Meridian City Council Meeting Agenda May 26,2020— Page 210 of 616 8. INSPECTION: Owner and/or Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owner and/or Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits, certified check or negotiable bonds,as allowed under the UDC,to insure the installation of required improvements,which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph I I above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian,Idaho 83642 OWNER: DEVELOPER: Rami,LLC Bach Homes 11650 South State St., #300 11650 South State St., 4300 Draper,UT 84020 Draper, UT 84020 DEVELOPMENT AGREEMENT—BACH STORAGE(H-2019-012 1) PAGE 5 OF 8 Meridian City Council Meeting Agenda May 26,2020— Page 211 of 616 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner and/or Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written,express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interestor their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT—BACH STORAGE(H-2019-012 1) PAGE 6 OF 8 Meridian City Council Meeting Agenda May 26,2020— Page 212 of 616 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: Rami, LLC Bach Homes By: Its: Its: CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk DEVELOPMENT AGREEMENT—BACH STORAGE(H-2019-012 1) PAGE 7 OF 8 Meridian City Council Meeting Agenda May 26,2020— Page 213 of 616 STATE OF V TA, ss: Countyof Dr�-7 k-AY-F- On this I b day of "" ,2020,before me,the undersigned,a Notary Public in and for said State,personally appeared-Sh M P-kK11D LU?Ar'tf�nown or identified to me to be the "Wjk(>&J) of Rarni,LLC, and the person who signed above and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) NOTARY PUBLIC NIC ABBOTT Notar)7�ublic for UT-A�-14 COMM.#707078 Residing at: LA-r_� COMMISSION EXPIRES My Commission Expires: 2-01-? JULY 5,2023 STATE OF UTAH STATE OF ss: County ofSkLT_L_kV4_- — ) On this 10 day of 2020,before me,the undersigned,a Notary Public in and for said State,personally appeared tt�W known or identified to meto be the DWtjE7a__ of Bach Homes,and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WTMREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) NOTARY PUBLIC NIC ABBOTT ��6' abq0 0- COMM.#707079 Notary Puglic for �TA COMMISSION EXPIRES JULY5,2023 Residing at: -&-A STATE OF UTAH My Commission Expires:�J�G; 110 STATE OF IDAHO ss County of Ada On this26th day of MaY 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. (SEAL) Notary Public for Idaho Residing at: Meridian, ID Commission expires: 3-28-2022 DEvELoPmENT AGREEMENT-BACH STORAGE(H-2019-012 1) PAGE 8 OF 8 Meridian City Council Meeting Agenda May 26,2020- Page 214 of 616 EXHIBIT A Legal Description&Exhibit Map for Property Subject to Development Agreement h3n I=1 g rel I g 151 9M 9233 WES 1 S FATE STREET 1, BOISE,ID 83714 1 208.639.6939 1 FAX 208.639.6930 December 30,2019 Project No.19-169 City of Meridian Development Agreement Exhibit A A parcel of land situated in the Southwest 1/4 of the Northwest 1/4 of Section 4,Township 3 North, Range 1 East, Boise Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found brass cap marking the West 1/4 corner of said Section 4,which bears SOO*36'00"W a distance of 2,611.39 feet from a found brass cap marking the Northwest corner of said Section 4,thence following the westerly line of said Northwest 1/4, NOO*36'00"E a distance of 180.00 feet; Thence leaving said westerly line,S89'45'23"E a distance of 70.00 feet to the easterly Right-of-Way line of North Eagle Road and being the POINT OF BEGINNING. Thence following said easterly line,NOO*36'00"E a distance of 363.SO feet; Thence leaving said easterly line,S89'23'53"E a distance of 230.02 feet to a found aluminum cap on the westerly boundary line of Bach Subdivision(Book 113,Pages 16,608-16,611 of plats); Thence following said westerly subdivision boundary line the following two(2)courses: 1. SOO'33'54"W a distance of 217.06 feet to a found S/8-inch rebar; 2. SOO*36'08"W a distance of 145.00 feet to a found 5/8-inch rebar on the northerly boundary line of Rivervalley Retail Subdivision(Book 106, Pages 14,591-14,593 of plats); Thence leaving said westerly subdivision boundary line and following said northerly subdivision boundary line,N89*4S'23"W a distance of 230.16 feet to the POINT OF BEGINNING. Said parcel contains a total of 1.916 acres(83,482 square feet),more or less,and is subject to any existing easements and/or rights-of-way of record or implied. All subdivisions,deeds,record of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. L A ��,ENS Q: a- 6662 ;a OF Y KE�\ lot FNGINEERS SURVFYORS I PLANNERS Bach Storage H-2019-0121 Meridian City Council Meeting Agenda May 26,2020— Page 215 of 616 EXHIBIT A Legal Description&Exhibit Map for Property Subject to Development Agreement FOUND BRASS CAP 32 33 NORTHWEST CORNER SECTION 4 4 APN: S1 104233802 S89'23'53"E 230.02' 70.00' EXISTING R/W V) -0 z 10 M (0 V) * Z 0 0 C14 APN: S1104233970 to Lo �! b 04 V) 0 0 C:) Ld 0 V) PO -0 CD tw 0 C4 9 'n 0 - rj OH MEE SOOK/ w PO LU to 0 TO Fn RAM I LLC < 0 0 — z M 0 z + 1.916 Acres a. z < 00 -, APN: S1 104234076 P 0 CD S89'45'23-1� POINT OF 70.00'(T b EGINNING 0 B KL LAND /N89-45'23"W 230.16"n \,\r,ENS RIVERVALLEY RETAIL SUBDIVISION 662 0 F 0 I'T 4Z Y KE a-100"o 00 110 P. 4 E. River Valley Street POINT OF COMMENCEMENT WEST 1/4 CORNER) SECTION 4 0 120 240 360 Plan Scale:1" 120' lam J ENGINEERS-SURVEYORS.PLANNM 9233 WEST STATE STREET BOISE IDAH093724 PHONE(208)63"939 FAX(ZM)639-030 Exhibit B j 5 City of Meridian Development Agreement I DATU 12.17.19 ? PROXCJ: 19-169 Situated in a portion of the SW 1/4 of the NW 1/4,Section 4 SHEET: Township 3 North, Range I East, B.M.,Ada County, Idaho 1 OF 1 Bach Storage H-2019-0121 Meridian City Council Meeting Agenda May 26,2020- Page 216 of 616 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation of One(1)Acre of Land with a C-C Zoning District, and Conditional Use Permit for a Self-Service Storage Facility on 1.92 Acres of Land in the C-C Zoning District, by Bach Homes. Case No(s). H-2019-0121 For the City Co u ncil Hearing Date of. Jan uary 21,202 0(Find ings on J an ua ry 28,2 02 0) A. Findings of Fact I. Hearing Facts(see attached Staff Report for the hearing date of January 21, 2020,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 21.2020,incorporated by reference) 3� Application and Property Facts(see attached Staff Report for the hearing date of January 2 1, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 21,2020, incorporated by reference) B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19.2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I-5A. 4. Due consideration has been given to the cornment(s)received froin the governmental providing smices i n the City of Meridian pl ann ing j urisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BACH STORAGE-AZ,CUP H-2019-0121 Meridian City Council Meeting Agenda"j2d,,2020N(Rageai�Wqlf 6M 029 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 21,2020,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § I 1-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation&zoning with a Development Agreement and conditional use permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 21,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted,shall be valid for a maximum period of two(2)years unless otherwise approved by the City.During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with I I-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651 1A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved,said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BACH STORAGE-A2�CUP H-2019-0121 -2- Meridian City Council Meeting Agenda B&Wft 28�202(Ragk�4�899 6fl 029 I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing,and must be filed with the City Clerk not more than twenty-eight(28)days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-652 1,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of January 21,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BACH STORAGE—A2�CUP H-2019-0121 -3- Meridian City Council Meeting Agenda B&W21*28�2G20:'agL31QW19(666229 By acti 0 on of the City Council at its regular meeting held on the 28th day of January 20200 COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED- A COUNCIL MEMBER LUKE CAVENER VOTEDA- &N�. COUNCIL MEN4BER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED k, low MAYOR ROBERT SIMISON VOTED T IE BREAKER -0// M or obeft ' miso E D Aftest. ( 11N. of IDIA Af ins. -A Chris Jol ns7o ' City C'Ier SEAL "tthe TRE Copy served upon Applicant, Community Development Department, Public Works Depaili-nent and City Attorney . 4h By : Datede January Cl" ty Clerk' s Offic FTNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR BACH STORAGE — AZ, CUP H-2019-0121 4 P-o Meridian City Council Meeting Agenda May 26,2020— Page 220 of 616 STAFF REPORT Elk� COMMUNITY DEVELOPMENT DEPARTMENT HEARING 1/21/2020 Legend DATE. P-o-�ec- let TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 708-984-5533 Bruce Freckleton, Development Services Manager SUBJECT: H-2019-0121 Bach Storage LOCATION: 2480&2500 N. Eagle Rd. I L 1. PROJECT DESCRIPTION Annexation of one(1) acre of land with a C-C zoning district; and,Conditional Use Permit for a self- service storage facility on 1.92 acres of land in the C-C zoning district. 11. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage k acre(AZ); 1.92 acres(CUP) Future Land Use Designation MU-R(Mixed Use- Regional) Existing Land Use(s) Vacant/undeveloped land Proposed Land Use(s) Scl f-service storage facility Physical Featums(waterways, None hazards., flood plain,hillside) Neighborhood meeting date;#of 8/6/2019:no attendees attendees: History(previous approvals) AZ-08-004(Ord.08-1392,DA#108 131099-Regency ai River Valley) B. Community Metrics Description Details Pa g e Ada County Highway District a Staff report(yes/no) No Meridian City Council Meeting Agenda WxPp261 2020G2(P-ag1ed4b1 WT366229 Description Details Page Requires ACHD Conunission No Action(yes/no) Idaho Transportation Department No comments received Access(Arterial/Collectors/State Access via E. River Valley St.,a commercial collector Hwy/Local)(Existing and Proposed) street.via a backage road along cast boundary of site Stub Street/Interconnectivity/Cross Access via E. River Valley St,commercial collector, rTom Access the south via a cross-access casementfbackage road Existing Road Network None Existing Arterial Sidewalks There are no existing sidewalk/pathways on this site along Buffers N.Eagle Rd./SH-55 Proposed Road irnprovenients None Fire Service See Section VIILC Police Service No comments received Wastewater Distance to Sewer Services O-Fect Sewer Shed Five Mile Trunk Shed a Estimated Project Sewer See Application ERU's * WRRF Declining Balance 13,79 o Project Consistent with WW Yes Master Plan/Facilit ,y Plan a Sewer Review Comments As designed,the northern building encroaches within the existing sewer casement. Water 0 Distance to Water Services 0-feet @ Pressure Zone 3 a Estimated Project Water See Applicafion ERU's * Water Quality Concerns None 0 Project Consistent with Water Yes Master Plan o Impacts/Concerris As designed,the northem building encroaches within the existina sewer/water casement. Meridian City Council Meeting Agenda"j2d,,202DtW-(Pag'i!a�R216f.To,1162�-.') A IN do .......................... -slti till all !l1rdlin lot IF ff ANN All Nis MI . NINE 9.1 all MMWMAM . 1 11" ff Ill.I Llimid; Z 144 law lifil 2 a AN Im; IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification 11/19/2019 published Radius notification mailed to property owners within 300 feet 11/26/2019 Public hearing notice sign posted 12/6/2019 on site Nextdoor posting 11/26/2019 V. STAFF ANALYSIS Comprehensive Plan Future Land Use Map Designation (htos.-Ili4�ii�iv.tpieridicit?eiA�.oWl_coMlan): M­U-R(Mixed Use—Regional)—The purpose of this designation is to provide a mix of employment, retail and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together,including residential,and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. In general,the purpose of mixed use designations is to provide for a combination of compatible land uses within a close geographic area that allows for easily accessible services for residents and the workers. Uses may be mixed vertically or horizontally and should have interconnected vehicular and pedestrian networks. These areas are typically infill in nature or situated in a highly visible or transitioning area where innovative and flexible designs are encouraged. In reviewing development applications,the following items will be considered in all Mixed Use areas, N Residential densities should be a minimwn of six dwel lings/acre.Not Applicable(NA) 0 Where feasible,higher density and/or mUlti-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26. SH-55, SH-1 6 or SH-69.NA (a multi- fiamill,development abuts this site to the east) 9 A conceptual site plan for the entire mixed use area should be included in the application. 77?e entire propern,is shoA,-n on the proposed site plan. N In developments where multiple cornmercial and/or office buildings are proposed(not residential),the buildings should be arranged to create some form of cornmon, usable area. such as a plaza or green space. NA F The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development. The proposed plan depicts a landscape bq&-with afence as a btf&r andscreening to the aqjacent nuelti-Janiih, development to the east. a A mixed use project should include at least three types of land uses. Exceptions may be granted for sina I ler sites on a case-by-case basis. Due to the small size of this it?fl It site(i.e. less than 2 acres), only a single use is proposed; however, it does contribute toward the ill bc of uses alreadv developed in this area (i.e. tnulti-finnilv and commercial). Page 4 Meridian City Council Meeting Agenda"j2d,,2020tW_(RagekW1dfffid6229 * Cornmunity-serving facilities such as hospitals, churches.schools,parks, daycares,civic buildings,or public safety facilities are expected in larger mixed use developments.Although not apublic useffiwility, theproposed use,�villprovide a needed sen,icefiar residents in close proximitv to this site. * Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas, outdoor gathering areas,open space, libraries, and schools are expected-,outdoor seating areas at restaurants do not count.No public andlor quasi-public spaces or places are proposed. is AH mixed use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians.No conneetivitv (veh ieular or pedestrian.) is proposed to the inulti- Stqffreconitnends a drivewav connection wilh a fi�tnilv development to the east; pedestrian walkway is provided between the properties.for interconnecfivii`3� Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code. NA (no public streets are propayed) Because of the existing small lots within Old Town,development is not subject to the Mixed Use standards listed herein, N.4 T-he following items will be considered in MU-R areas: Development should generally comply with the general guidelines for developmeni in all Mixed Use areas- Theproposed development general1v complies with The applicable inixed use guidelines. • Residential uses should comprise a minimurn of 10%of the devel opirient.area at densities ranging from six to 40 units/acre. No residential uses areproposed an[his site but do exist direct1v to the east at a densii�r qf approximately 20 units per acre. • Retail commercial uses should comprise a maximum of 50%of the development area.No retail uses are proposed with this development but inanY such uses exist to the south (i.e. Mailress Firin and The Village at Meridian). • There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry,or entertainment uses. The following Comprehensive Plan Policies are applicable to this development: • "Plan for a variety of commercial and retail opportunities within the Area of City Impact." (3,05.01J) The proposed storageftrcili�v vvill contribute to the variety of uses in ihis area, • "Encourage infill development."(3.04.02B) A nnexation and developmew offhe subject infl1l property,will provide more efficient provision qfpublic services. • "Develop pathways to connect Meridian with Boise,Nampa,Kuna and Eagle."(6.0 1�02C) A multi-use pathwav is required within the street bujj�r along Eagle Rd.ISH-55, which Will connect to existing segments qfthe path wq�ip to the north and south oJ'this site. • "Consider needed sidewalk,pathway,landscaping, and lighting improvements with all land- use decisions along SH-55."(3.03.02Q) -_ Page 5 Meridian City Council Meeting Agenda"jMj,2020N(Pagi�k251V!666229 A 10- lbot wide mulli-use path wi��y,pedestrian lighting and landscaping is required to be installed within the street bqfl�r along Eagle Rd.ISH-55 wi/h development as selforth in UDC 11-3H-4C. • "Protect existing residential properties from incompatible land use developments on adjacent parcels."(3.06.01 F) Because the proposed use will almost entireli,be accessed.fi-oni internaltv within the structure, abuttingpi-opertiesshould experience little adverse i�ffectsfrom noise; therqfore. the proposed use should be compolible wilh existing residential uses. • "Require screening and landscape buffers on all development requests that are more intense than adjacent residential proper-ties."(3.06.01 G) The site design(?f the proposed development with a 25-1bot wide landscape buffer and closed visionfence.for screening will be compatible with the a4jacent residential developmew to the east. • "Minimize noise,odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas."(3.06.01 B) The proposed use should result in little to no noise, odor, air or visual pollution since the majoK4,of the storage units will be access internally and the site is screenedfi-om view oJ'the public street. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City."(3-0 LQIF) Urban sen,ires are rnailable and can be provided to this property wilh development. A. Annexation &Zoning The proposed annexation of the southern one(1)acre parcel of land with C-C zoning is consistent with the zoning on the northern portion of the site and with the MU-R FLUM designation for this site. The development of the subject infill property as a storage facility will contribute toward the mix of uses already developed in this area, is in close proximity to the multi-farinly development to the east and will provide a much needed service to those residents, is located along a major arterial street close to major arterial intersections, and should be compatible with adjacent uses— all desired elements in mixed use designated areas such as this. The annexation area is an enclave surrounded by properties that have been previously annexed into the City and is within the Area of City Impact Boundary(AOCI). A legal description for the annexation area is included in Section VILA. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651 IA. In order to ensure the site develops as proposed with this application,staff recommends a DA as a provision of annexation with the provisions included in Section VIII; additionally,Staff recommends the northern portion of the development area currently included in the DA for the Regency at River Valley property to the east,is no longer held to the terms of that agreement and is included in the DA recommended for this site.The Applicant should submit a legal description for the entire boundary of the site subject to the new DA. B. Existing Structures/Site Improvements: There are no existing structures or site improvements on this site;however, there is an existing 20-foot wide sewer easement and 8-inch sewer main that lies under the proposed north Paoc 6 1� Meridian City Council Meeting Agenda"jMj,20212102CIP-aglkRO19666229 building that is required to be relocated or the design of the site reconfigured so that the structure(s) does not encroach within the easement(s). C. Proposed Use Analysis: The proposed self-service storage facility will consist of approximately 600 climate-controlled storage units(although the design/size of the units is not yet finalized so the number of units could increase)in a 3-story 100,000 square foot(s.f.)structure and 25 traditional storage units in two(2) separate single-story structures containing a total of 8,400 s.f. to the north and south of the climate-controlled building, A self-service storage facility is listed as a conditional use in the C-C zoning district per UDC Table I 1-2B-2 and is subject to the speci fic use standards li sted in U DC 11-4-3-3 4. Storage Faci I ity. Sel f-Servi ce and the standards I isted in U DC I I-3A-16,Sel f-Sery-tee Uses (see standards below). D. Specific Use Standards (UDC 11-4-3): UFDC 11-4-3-34, Storage Facility, Self-Service: A. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business.The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. B. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with chapter 3, article E. "Temporary Use Requirements", of this title. C. The distance between structures shall be a uninimurn of twenty five feet(25'). Complies D. The storage facility shall be completely fenced, walled,or enclosed and screened from public view.Where abutting a residential district or public road, chainlink shall not be allowed as fencing material. Complies:a 6'tall masonty screen wall is proposed to screen theJaciliti, firoin public view along N.Eagle Rd.ISH-55 where the drive aisles are located between structures and a 6'tall vinylfence exists along the east side of this site a4jacent to the residential district. E. If abutting a residential district,the facility hours of public operation shall be limited to six o'clock(6:00) A.M.to eleven o'clock(11:00) P.M. Theproject abuts a residenlial district on the east boundary qf'lhe site. The proposed hours qf operation are Monda-ly thru Sunday 6:00 am to 1]:00 pm and will he restricted to such. F. A minimum twenty five foot(25')wide landscape buffer shall be provided where the facility abuts a residential use,unless a greater buffer width is otherwise required by this title. Landscaping shall be provided as set forth in subsection 11-3B-9C of this title.A 10- foot wide lan dscape buffer is proposed on th is site, Cily Co[in cil appro val of a modified buffer width is needed as sefforth in UDC 11-3B-9C.Z The applicant proposes lite existing 15-foot svide wide buffer on the adjacent residential propedy to the east, resulting in a 25- fiot wide buffer between uses,to count loward the buffer requirement. Staff is amenable to this request as it nteets the intent qf the requirentent, however, Council approval i-i needed. Additional landscaping should be added within the buffer to comply with thestandards listed in UDC 11-3B-9C, which require a niLr of evergreen and deciduous frees,shrubs, lawn or other vegetative ground cover that results in a barrier that allows trees to touch at the time ofnutttiri�y. A 6'tall viny1fence also exists along the east boundary ofthis site which will provide added screening qf the site. Page 7 Meridian City Council Meeting Agenda"j2d,,2020N(RagekV101566229 G. If the use is unattended, the standards listed in UDC 11-3A-1 "Self-Service Uses", also apply, as follows: Any unattended,self-service uses, including, but not limited to- laundromats, automatic teller machines(ATMs), vehicle washing facilities, fuel sales facilities, and storage facilities, shall comply with the following requirements. The Meridian Police Chief or designee may approve alternative standards where it is determined that a similar or greater level of security is provided. A. Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low impact security lighting. The entrance to lhe.l�cilih, will be openfi-om the east sideftom the norlhIsoulh backage road: the site is screened oil the west side a4jacent to N. Eagle Rd.ISH-55 as required by UDC 11-4-3-34D. Low impact security fighting should be provided. B. Financial transaction areas shall be oriented to and visible from an area that receives a high volume of traffic, Such as a collector or arterial street. Not applicable—financial transactions will be handled inside the building in the office. C. Landscape shrubbery shall be limited to no more than three feet(Y) in height between entrances and financial transaction areas and the public street. Not applicable—financial transactions will be handled inside the building in the oftice. H. The facility shaU have a second means of access for emergtney purposes. A cross-access easement is depicted on the site plan across the properi),to the north (Great Wall)fior access via Eagle RdISH-55; how-ever, that access was only approved on a temporaty basis and is required to be removed and the street buffer e-wended tepon completion of the backage road for access via E. River Vallev Street(YAR-08-004). A viable secondary access is required eitherfrom the north or east through the multi-family development. I All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. Not applicable—no outdoor storage is proposed. J. The site shall not be used as a "vehicle wrecking orjunk yard"as herein defined. K. For any use requiriDg the storage of fuel or hazardous material,the use shall be located a minimum of one thousand feet(1,000')from a hospital,Not applicable—no storage QIjiiel or haz�ardous material is proposed.. E. Dimensional Standards(UDC 11-2): Development is required to comply with the dimensional standards for the C-C district listed in UDC Table 11-213-3. F. Access(UDC 11-3A-3, 11-3H-4): Access is proposed via a backage road along the east boundary of the site frorn E. River Valley Street,a cornn ercial collector street to the south, cross-access casements exist to this property from the abutting properties to the north and south. Direct access via N. Eagle Rd./SH-55 is prohibited per the existing Development Agreement.A secondary emergency access is required to be provided per UDC 11-4-3-34H as discussed above. For access via E.River Valley Street to the Great Wall property and interconnectivity between the parcels fronting Eagle Rd./SH-55 in this area,Staff recommends a cross-access easement is granted to the properties to the north and south for use of the backage road. Page 8 Meridian City Council Meeting Agenda"j2d,,202ON(Ragi�*RBldh6d6229 Further,for intereannectivity between the abutting residential development to the east and the subject property and adjacent commercial properties fronting Eagle Rd./SH-55 as desired in mixed use designated areas,Staff recommends a vehicular and pedestrian connection is provided at the east boundary of the site in the location where 3 parking stalls current exist between two garage structures on the residential property.This will allow direct access to the storage facility for adjacent residents using the facility and access to other commercial uses,without having to go around via the collector street(i.e. River Valley St.). Note: The proper�v o Krner to the north qflhe Greal Wall properi),and the Finch Lateral at 2600 N. Eagle Rd. is work-ing with ITD on a possible access via Eagle Rd.ISH-55 and exlension of'the backage road across the laleral. If the backage road is extended across the lateral, secondary access could be provided�fi-oln the norlh. However. because this is a inixed use designated area. vehicular andpedestrian access should still be provided between the abutting residential development and the subject propertyfor ease qlaccess between uses and interconnectivitY. G. Parking(UDC LLJ Q: Off-street parking is required in accord with the standards listed in UDC I I-3C-6B.1,which requires parking based on the gross floor area of the office space only(I space per 500 square feet).The office is proposed to consist of approximately 1,200 s.f.,which requires a minimum of two(2)parking spaces, a total of five(5)spaces are proposed in excess of the minimum standard. A minimum of one(1) bicycle parking space is required for every 25 proposed vehicle parking spaces; based on rive(5)vehicle spaces,a minimum of one(1)bicycle space is required per the location and design standards listed in UDC 11-3C-5C. H. Pathways(UDC 11-3A-8): A I 0-foot wide multi-use pathway withi n a pubi ic use casement and pedestri ail I i gh ting i s required along N. Eagle Rd./SH-55 as set forth in UDC 11-3 H-4C.3;detail s shou Id be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with these standards (i.e.type of post and luminaire,spacing, light source,etc.). There is a 7-8' gap from the subject property's north boundary to the existing pathway on the property to the north(Great Wall); for continuity and safe pedestrian access,Staff recommends the pathway constructed on this site is extended off-site to the existing pathway with consent from the adjacent property owner. 1. Sidewalks(UDC 11-3A-1 7): Sidewalks are required along all public streets as set forth in UDC I I-3A-17,detached sidewalks are required along arterial streets(i.e. N. Eagle RUSH-55).The multi-use pathway required in UDC 11-3 H-4C discussed above wil I meet the sidewalk requirement and should be detached with a minimum of 5 feet of landscaping on the street side of the pathway. J. Landscaping(UDC 11-3B): Landscaping is required to be provided on the site with development as set forth in UDC I 1-313. A inin-1 murn 3 5-foot wi de street buffer is requi red along N- Eagle Rd-/SH-5 5�ail entryway corridor,per UDC Table I 1-2B-3,measured from the ultimate curb location as anticipated by ITD inaccord with UDC I I-313-7C.I a.,and landscaped per the standards listed in UDC I 1-313- 7C. If the unimproved right-of-way along N. Eagle Rd./SH-55 is 10 feet or greater from the edge of pavement to edge of sidewalk or property line,the developer shal I mai ntai n a I 0-foot compacted shoulder imeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative groundcover as set forth in UDC H-3 13- Page 9 Meridian City Council Meeting Agenda"j2d,,2020N(Pag'i!a�RD b(C6462 29 7C.5; depict accordingly on the landscape plan.A license agreetnent will be required between the propertj;owner and the transportation authorityjbr anv landscaping iniproveinents within the right-91-way. Perimeter landscaping is required adjacent to parking and vehicular use areas as set forth in UDC 11-3 B-8C.1. the proposed landscaping complies with UDC standards. The project is aveniptfroni the slandards,fbr internal parking lot landscaping because-the parking lot hasftwer than 12 spaees.per UDC 11-3B-8C2. A 25-foot wide buffer to residential uses is required to be provided on this site along the east boundary adjacent to residential uses as discussed above per UDC 11-4-3-34 F (unless otherwise modified by Counci I), landscaped per the standards listed in UDC I I-3B-9C. Landscape buffers are required to facilitate pedestrian access from residential development to abutting commercial district and vice versa per UDC 11-3B-9C.3; therefore, a pedestrian connection should be provided between the proposed use and the multi-family development to the east —this can be satisfied through a combined vehicular and pedestrian connection between garages 3 and 4 depicted on the site plan,which would also satisfy the requirement for a secondary emergency access to be provided to the site as required by UDC I 1-4-3-34H discussed above. Landscaping is required on either side of pathways per the standards listed in UDC 11-3B- 12C; landscaping should be depicted on the landscape plan in accord with these standards adjacent to the multi-use pathway along N. Eagle Rd./SH-55 in addition to the street buffer landscaping. K. Waterways(UDC LL-3A-6) There are no waterways on this site. L. Fencing(UDC 11-3A-6,L]-�LA-7), There is a 6-foot tall vinyl fence along the cast boundary of this site; no new fencing is proposed. M. Utilities (UDC LI-3A-21): Connection to City water and sewer services is proposed. Street lighting Is required to be installed in accord with the City's adopted standards, specifications and ordinances. As designed,the northern building encroaches within the existing water and sewer easement(s) that serves the multi-family development to the cast. This easement(s)and associated water and sewer mains should be relocated, or,the design of the site should be reconfigured so that structures do not encroach within the easement(s). See Section VIII-B below.for Public Works comments1conditions. N. Building E levations(UDC I 1-3A-19 1 A rehilectural Standards Manyao: A west side conceptual building perspective was submitted with this application as shown in Section VII.D. Building materials consist of 2 different colors EIFS with an accent color on the cornices, glazing, and metal canopies over the windows on the single-story structures. Final design is required to comply with the design standards in the Architectural Standards Manual. Page 10 Meridian City Council Meeting Agenda"j2d,,2020N(PagRa�43D bf 1666229 V1. DECISION A. Staff: Staff recommends approval of the proposed annexation and zoning and conditional use permit with the comments and conditions listed in Section V1[l per the Findings in Section IX. B. The Meridian Planning&Zoning Commiss ion heard these items on December 19,2019. At the public hearing,the Commission moved to recommend approval of the subject AZ and CUP gequests to Qijy Council. I.- SummM of Commission public hearin&. a. In favor: Nick Mason.Applicant's Representative b. In opposition. None C. Commenting: None d. Written testimony:Nick Mason, Applicant's Representative(not in agreement with Staff's recommendation for a vehicular&pedestrian access between the adjacent residential development&the subject property) Staff presenting application: Bill Parsons f. Other Staff commenting on application:None 1 kaissue(s)Of 2tiblic teslimony: a. None 3. 'key issue(s)of discussion by Commission: k. The provision of vehicular and pedestrian connectivit totheadJacentmulti-family residential development to the east, b. SecondM emeWncy access to the site if the existing tenoraty access on the Great Wall propeM via Eakbe Rd. is removed as required-, C. Preference for the existing temporary access approved through VAR-08-004 to the Cre Wall propeM to remain(for better business access and for emergency access as required for the storage facility), until such time as the backage road is extended to the north of Great Wall since the Applicant doesn't feel a cross-access casement/driveway from the multi-farrdly development to the east is feasible d. Encouragement to the Applicant to continue to work with the owners of the multi-family development to the east on a cross-access easement/driveway connection between the Pronerties,possibly a gated access only accessible by residents to restrict cut-through traffic. e. Concern pertaining to the impact the proposed 3-stoU storage facility wit I havc on the resident's views in the adjacent 4-sto!y apartments and desire for Staff to do a veiy thorough-desi,up review on the structure for architectural Wpeal and gLq�qtibjLjjy with the adiacent residential develoi2ment. 4� Commission change(s)to Staff recommendation: a. The Commission offers their support to Council of the Applicant's request for a reduced buffer width to residential uses from 25 to 10 feet along the cast boundM of the site, b. The Corm-nission recommends the inclusion of a requirement for strict desigg review o all four sides of the proposed structures to ensure compatibility in appearance with the adi acent apartment complex to the east(see DA provision A.I c in Section V HF); c� The Commission recotm-nends inclusion of a requirement for the Applicant to continue to work with the property owners to the east on a cross-access easement/driveway for i,nterconnectivi!y between uses which would also serve as an emergency access for the storage-faciliq (see condition#A.2k in Section V111). d. The Commission recommends the existing temporary access via E4gle Rd. on the adjacent(Great Wall)prol?erty to the north remains until such time as the backage road is extended to the north of the Grgat Wall property. --ote.- Because the a0l acent -(N Page I I Meridian City Council Meeting Agenda"jMj,202ON(PaglekW 11166229 pzo -tvisii'tthesiibLectoftiii.vapp1 ian I sn't a rmal i-ecwnmendation the Rep --inat- - his i t6 Council should yel on.1 5. Outstanding issue(s) for Cijy Council: 4. The Applicant requests City Council's considerst-I on and approval of a reduced buffer width to residential uses alonp,the east boundary of the site frorn 25 to 10 feet,whic added to the existing 15-foot wide buffer on the adjacent propeLly would total 25 feet. C. The Meridian City Council heard these items on Januar 21,2020�At the public hea-fing,the Council rn ved to aivrove the ubiect A7 and CUP req - mt L Summary of the-City Council public hean'alzi & In-favor. k In opmaitim Npw CL Commenting:None jL Staff prmenhng=k=pa SmygAhm Mer-Staff commentbW,-orLaM)hcatiwiJQc om -BjMg�b --o -Qf- kwbli-c k9impay a. Nonq Key i..I c(s)of discussion by-City Council- a� Thgkinm5im-oft gnda wxr bv the U an-d-where it shoul vided from i.e.n r1h o d be movided from and south and co-ustructi b- ThepmAsim of cros"ccess easeniept�-to-Aw—,no-rth WnDfa hapkwupaul-alon hc-mtbounta &C -a that fton-t Engle Rd. from whi-ch access i-s-restri-cted; and, -c. ih:�Applicant's req t f, id Ion 1qS 0 hr Ile. weed buffer a — -a%b undary oft -S: uj]�i I g qa��t �km gjt b )MMis _ 4. C swD Noummdatiom _CgQ6,to C a. The Council Wpted qpp--oyal of the A -licant's reguest fQr a reduced buffer width from 9A.2a in Section VIU) Page 12 Meridian City Council Meeting Agenda"jMj,2020K(Pag'i!,��a2 1of:T5,162 2 V11. EXHIBITS A. Annexation &Zoning Legal Description and Exhibit Map 9233 WEST STATE STREET I BOISE,ID63714 I 2D8.639.6939 I FAX208,639.6930 October 16,2019 Project No.19-169 City of Meridian Annexation Exhibit A A parcel of land situated in the Southwest 1/4 of the Northwe5t 1/4 of Secti on 4,Township 3 Nort h, Ra inge 1 L a st,8 o ise Me rid ia n,Ad a Co u n ty,I d 1 h o a n d b eing More pa rficu I a rl V descri bed as fa I lows: Co mm e ncing a t a fa und bra ss ca p m arki ng the W e st 1/4 co rner of sa id 5 e ctio n 4,wh ich b ea rs SOW36'00"Vy a distance of 2,611.39 feet from a found brass cap marking the Northwest corner of said Section 4,thence folInwIng the wpsterly line of said Northwest 114,NOO'36'00"E a distance of 180.00 feet to the POINT OF BEGINNING. Thence following 5ald westerly line,NOO'36'00"E a distance of 145,00 feet; Thence leaving said wpsterly line,S89'4S'24"E a distance of 300.16 feet to a found S/9-ifirh rebar on the westerty bouridary line of Bach SUbdivision; Th en ce(o I I o w i ng 5 a id weste ri V su bd Ivi slo n bo u n d a ry Ii r te,500'36'08"W a d i sta n ce of 145.00 1*e t to a found 5/9-Inch rebar on the northerly boundary llne of Rivervalley Retail Su bdivislon, Thence leaving said westeriy subdivision boundary line and following said niortherly subdivision boundary line,N89'45'23"W a distance of 300.16 feet to the POINT OF BEGINNING. Sa 1 d pa rce I co nta Ins a tota I of 0-9919 acre s(43,S 2 2 squa re f e et),mo re o r le ss,a n d I s s oble ct to a ry existing easements and/or rlehts-of-way of record or Implied. All subdivisions,deeds,record of surveys,and other instruments of rerord referenced herein are recorded documents of the county in which these!described la nds are situated in �'t 12459 ,, F,NGINEERS SURVEYORS I PLANNERS - Page 13 Meridian City Council Meeting Agenda WxPp2d,,2020R2(Pag'ea-031cC64f)229 FOUND BRASS CAP 32 33 HWEST CORNER NORT S� SECTION 4 APN: S1 104233970 300.16, S89'45'24"E z La 70�013' EXISTING R/W 0 cc n 0 M OH MEE SOOK "to L K) Ln 0 APN: SI104234076 LU 0.999 Acres 0 �n(D 2! V) �L L A#,) N89'45'23"W FUINI OF RIVERVALLEY RE-TAIL SUBDIVISION 12 59 C� N� R7476320020 OF 0 ek \ APN: R7476320010 P0114T OF COMMENCEMEN r 4 E, R ive r Val I ey Street WEST 1/4 CORNER SECTION 4- 0 ion 200 300 lum Plan Sca;e.-1" 100' 00M HIGINEFR5.SURVEWR5.FLANIKAS SM WUTSTAq SMEFT 2cPmr,;vA"0$3114 f-mut IZM M-"-" Exhibit B CATE: City of Meridian Annexation Situated in a portion of the SW I/A of the NW 1/4, Section 4 SHEET, I OF I Township 3 North, Range 1 East,B.M.,Ada County, Idaho - Page 14 Meridian City Council Meeting Agenda"j2d,,2020K(Pag'i!�44 lof-15,16229 B. Site Plan (dated: IOLIL2019 REUSED SRE INFOi U5 ACQFIF LARGE,10IDNO-I 00=5F J.'"51F .wNQ IIEQ�JW�- %1fJWA--E F,-41LM--AkUk�IF-Q IT AIL� 0"I�F JP ACV-J.(M�r-7 V.1,% vAA91WQ PR*VIDEO: UA"1,AOA I R �IrTL.�SIALLS RLIQORbJ I 31CW-LE SIALLS t,1L9A--Lr 4- Fin v L f L %Md-ifj A 11 Ar BACH STORAGE - 2500 N Eagle Rd. Meridian, ID 10-1-2019 SCALE:1*=3(Y-O' Page 15 Meridian City Council Meeting Agenda a4ayi2d,,2020W(RagRa4t511516229 C. Landscape Plan(dated: IW-1,L2AIA UMSED CU FACILITY�,2m SF 0 to Lit 101-1 Hit 50'�CVAild NI, 71 3 STORY ALP WORAGE FACIIJTY MAW r, LL- E OT FJCEf CN L I IOUNFP ;ACOY 3,2rA SF k 1) BACH STORAGE LANDSCAPE PLAN - 2500 N Eaule Rd. Meridian, ID 10-1-2019 SCALE.I'=20'-O' F-I Page 16 Meridian City Council Meeting Agenda 2020f�?(Pag'i!a4361of-e65l62�-1) D. Building Elevation Perspective ALUMINUM STOREF RON ANHODtMJ)ALUNII14UM FS OORNICE COLOR ML I AL PANEURQU.UP EPFS COLOR EIFS COLOR SPLIT FACE WU W-PON ORE DOOR COLOR SW-ARWS Sw-NEBULOUS WHI-FE SUNROC CHARCOALLO� 5V-13LUE LAPIS ME AL CANOPY DARK BRONZF; Page 17 Meridian City Council Meeting Agenda Wayi2fy,282j3G2(P-agP�iW10fM5t$f)229 E. Legal Description&Exhibit Map for PropeM Subiect to Development Agreement 1= 9233 WEST STATE S7REET I BOISEID83714 J 203,639.6939 J FAXZ08.639�6930 December 30,2019 Project No.19-169 City of meridian Oevelopment Agreement Exhibit A A pa rce)of la n d sit u a te d i n t h e 5 0 UthWe 5 t 1/4 of the N orth west 1/4 of Sectio n 4,Tow nship 3 N 8irth, Range I East,Boise Meridian,Ada County,Idaho and being more particularly described as follow5: Commencing at a lound brass cap mar king the West 1/4 comer of said Section 4,which bears S00*3610lyrW a cifstance of 2,611,39 feet from a found bras5 cap markin@ the Northwest corner ofsaid Section 4,thence following the westerly line of said Northwest 1/4,NOC'36'DD"E a distance of 190-W feet; The nce le av ing sa id vvpOer ly I in e r S89'41 S'2 3"IF a diAta nt.e of 7D�00 f Pe t i D t h e easte r ly R ight-of-Way I i n e of N o rth Eag le Road and being the POINT OF 0 EGI N NI IN G- The nce fa I[owl ng said ea ste 0 V I i ne.NOO'3 6'00'E a dista n cc of 36 3.SO feet; Thence leaving said easterly line,S89'23'53"E a distance of 230.02 feet to a found aluminum cap on the westerly bound&ry line of Bach Subdivision(Book 113,Pages 16,608-16,611 of plats), The noe fo I I owl ng said westerly 5vbd iv is lo n bou n d a rV I I n e th e fo llo w I ng two(21 cou rse s: L SOD'33'540W a distance of 217.06 feet to a found 518-inch rebar, 2. SOO'36'08"W a distance 014S.00 feet to a found 518-inch rebaron the northerly boundary Ime of Rivervailey Retail Subdivision(Book 106,Pages 14,591-14,S93 of plats�; The noe le av ing sa id westerly s u b div isi a n bou nd a ry I i ne a P d followi ng said northe r1V s u bdivision ba u nd a ry Itne,N8 9'4 5'2 30W a dista nce o(2 30.16 fee L to t he PO I N T OF BEG I NN ING. Said puce�contains a total of M 16 acres(83.482 square feet),more or less,and is subject to any e xis il ng ease m cots a nd/or right s-of-way o f reco rd or im p I i e d� All subdivisions,deeds,record of surveys,and other instruments of record referenced herein are record ed do cuments o f the co u n ty im wh le 0 these de scri bed I and s a re situa t ed 1 n. t,L L 666 �p ca Of Y Kt lot FNGINEFRS I SURVEYORS I PLANNEHS - Page 18 Meridian City Council Meeting Agenda"j2d,,2020C.�2(P�agi�,7g$BlcC!346229 I FOUND SPASS CAP 32 33 NORTHWEST CORNER r�—SECTION 4 4 APN: S110,Q33802 S89'23'53"E 230.02* -70.00' EXISTING R/W a: C) APN. S710,1,233970 0 cli Ld a b (n @ -0 to V C1 OH MEE SOOK/ r- to �2 RAM I LLC M 1416Tcres z 00 APN: S1104234076 P 0 to '6 S89'45'23'E POINT OF n * 70.0D'(TI b BEGINNtNG 1%L LAND /N&9'45'23W 230.16'U) 016 or,E N SeD RNERVALLEY RETAIL+ C1. 662 0- SUBDI'VISION AL_ KE 4 E. River Valley Street POINT OF COMMENCEMENT WESJ 1/4 CORNER SECTION 4 0 120 240 360 Plan Scale:1" 120' E EIOGMEERS SURVEYORS.FLAMERS 9Z33 WE5T STATE STPEET M5E.1DOW08371A FAX(M81 639,5930 Exhibit B City of Meridian Development Agreement wE 12.17.L9 SHEET: Situated in a portion of the SW 1/4 of the NW 1/4,Section 4 1 OF 1 Township 3 North, Range 1 East, B.M.,Ada County, Idaho Page 19 Meridian City Council Meeting Agenda B&Wft 2B2j3G2(P-ag14cR,#912W66229 Vill. CITYIAGENCY CONINIENTS & CONDITIONS A. Planning Division Annexation&Zoning Comments: I A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance.a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall,at minimum,incorporate the following provisions'. a. Devel opment of the northern porti on of the site(Parcel #S 110423 3970)shal I no longer be subject to the terms of the Development Agreement for the Regency at River Valley project recorded as Instrument No, 108 131099. b. Future development of this site shall be generally consistent with the site plan, landscape plan and conceptual building elevations included in Section VII and the provisions contained herein. c. Future development shall comply with the structure and site design standards listed in UDC 11-3A-1 9 and the design.standards listed in the Architectural Standards Manual. Strict desigg review of all four sides of the proposed structures to ensure compatibility in appearance with the adjacent 4partment complex to the cast is required. d. Direct access to the site via N. Eagle Rd./SH-55 is prohibited. Prior to the C-0,Counell hearing,the Applicant shnil submit a legal description & e*h 0 h it MOP f(I F th 0 ent4 Fe hou nda r-3, of the site subj eet to the Fiem, PA. Conditional Use Permit Conditions: I The site plan and landscape plan submitted with the Certificate of Zoning Compliance and Design Review applications shall be revised as follows: a. Depict a 241 0-foot wide buffer to residential uses along the east boundary of the site as qpproyW-by City Cpupcil set fei4h in acq)r-d with-VDC Table 11 2B 3 and 11 4 3 I 1-3-B-9C.Z .A reduction in the bqlfer width shall not affect building setbacks.-all structures shall he set backftom the propert'I, line a mininnon qf the byl ,f6-width required(i.e. 25). The Applicant requests approval of reduced buffer width to 10feet, which combined with Ilse axisting 15-figot wide b uffiej-o i i th e a t�a c en t p r op erly to th e east will total 2 5 feet _Qt)_,Cw—in qly - ved-&u b. Depict additional landscaping within the buffer along the east boundary of the site adjacent to residential uses to comply with the standards listed in UDC I I-313-9C,which require a mix of evergreen mid deciduous trees,shrubs, lawn or other vegetative ground cover that results in a barrier that allows trees to touch at the time of maturity. c. Include the required vs. provided number of trees within the street buffer and along the multi-use pathway adjacent to Eagle Rd.,the width of the street buffer and the street Page 20 Meridian City Council Meeting Agenda"jMj,2020tW_TagRA�#D'Jdf 1666229 frontage calculation in the calculations table on the landscape plan to demonstrate compliance wilh the standards listed in UDC Table 11-213-3,11-313-7C and 11-313-1 2C, d. Depict a minimum 35-foot wide street buffer along N. Eagle Rd./SH-55 measured from the ultimate curb location as anticipated by ITD in accord with UDC 11-3 B-7C.Ia. e. If the unimproved right-of-way along N. Eagle Rd./SH-53 is 10 feet or greater from the edge of pavement to edge of sidewalk or property line,the developer sha B maintain a 10- foot compacted shoulder ineeting the construction standards of the transportation aLithority and landscape the-remainder with lawn or other vegetative groundcover as set forth in UDC 11-3 B-7C-5; depict accordingly on the plan.A license agreement will be required beN)een the property owner and the transportation authoritv,lbr anv landseaping irnprovemejits within the right-of-waY. f. Depict landscaping on either side of pathway along N. Eagle Rd./SH-55 per the standards I isted in UDC 1]-3 B-12C in addition to the required street buffer landscaping. g. Depict low impact security lighting on the plans in accord with UDC 11-3A-I 6A and I I- 4-3-34D. h. Depict bicycle parking as set forth in UDC I I-3C-6G per the location and design standards I isted in UDC I 1-3C-5 C. L Depict a secondary emergency access to the site as requ i red by UDC 1]-4-3-34H,Note: The existing temporary access via N. Eagle Rd.ISH-55 on the Great Wall propert-V to the north does not qualify as its required to be removed once the backage road is constructed. j. There is a 7-8' gap fi-om the subject property's north boundary to the existing pathway on the property to the north (Great Wall); for continuity and safe pedestrian access,the pathway constructed on this site shall extend off-site to the existing pathway with Lhe adjacent property owner's consent. k. CaiistFuet a veliirmlar-and pedestrian e9fineetion to t4ie r-esidential develeptoRent to 44e east for inter This tweess ivillsafi�&the seeondwy eonogeney aef'-eys I - . &i!ongied abaw—Although not a requirement,the Applicant should continue to work with the progei1y owners to the east on a cross-access casement/drivewa fo interconnectivily between uses which would also serve as an emgrgency access for the storage flacilt,which is a requirement for the use. 3. A I O-foot wide mul ti-use pathway within a public use casement and pedestrian lighting is required as set forth in UDC I I-M-4C.3, details shouid be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with these standards (i.e.type of post and luminaire,spacing,light source,etc.). 4, The subject property shall be addressed from E. River Valley Street. 5. The faci I ity shall comply with the speci fic use standards li sted in UDC 11-4-3-34, S torage Facility, Self-Service,included but not limited to the following. — Page -2 I Meridian City Council Meeting Agenda"jMj,202ON(Paglek*1113662 29 I. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant fi7om or at a self- service storage facility is specifically prohibited. 2. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with chapter 3 arlicle , "Temporary Use Requirements",of this title. 3. The hours of pub]ic operation of the storage faci I i ty shal I be I i rn ited to six o'c lack(6:00) A.M. to eleven o'clock(11:00) P.M. as set forth in UDC I 1-4-3-34E. 6. A 10-foot wide multi-use pathway within a 14-foot wide pub]ic use easement and pedestrian I i ghting is required as set forth i n UDC 11-3 H-4C.3; details shou ld be s ubmitted with the Certificate of Zoning Compliance application that demonstrate compliance with these standards(i.e.type of post and luminaire,spacing, light source,etc.). Landscaping is required on either side of the pathway in accord with the standards listed in UDC I I- 313-12C. 7. A cross-access easement shall be recorded granting access to the properties to the north (#S 1104233802),south(#R7476320020 and R747632001 0) and east(#R0748300 100)via the backage road proposed along the cast boundary of this site;a recorded copy of the easement shall be submitted to the Planning Division prior to issuance of Certificate of Occupancy for the site. 8. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for approval by City Council and subsequent recordation for the multi-use pathway along N. Eagle Rd./SH-55. B. Public Works Department Site Specific Conditions: 1. The existing water and sewer easement(s)(Inst.#111092020, recorded on 11/10/11) and associated mains that serve the multi-family development to the east(located where the northern structure is proposed)shall be relocated; or, the design of the site shall be reconfigured so that the structure(s)does not encroach within the easement(s). General Conditions: 2- 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. 3. The applicant shall provide easerrient(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 forrn available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be scaled., signed and dated by a Professional Land Surveyor.DO NOT RECORD. Add a note to the plat referencing this Page22 Meridian City Council Meeting Agenda"j2d,,202ON-TagRa�42 W146229 document. All casements must be submitted, reviewed, and approved prior to development plan approval. 4, All irrigation ditches,canals, laterals,or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being developed shall be tiled 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. C� 5� Any existing domestic well system within this project shall be removed frorn dornestic 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. 6� 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. 7 Street signs are to be in place,water system shall be approved and activated, and at a minimum, a compacted gravel road base shall be in place prior to applying for building permits� R. All improvernents related to public life,safety and health shall be completed prior to occupancy of the structures. 9,. Applicant shall be required to PaV Public Works development plan review, and construction inspection fees, as detennined during the plan review process,prior to the issuance of a plan approval letter. 10. 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. It. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. A 11 gradi ng of the site shal I be performed i n conformance with MCC I I-I 2-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The applicants design engineer shall be responsible for inspection of all irrigation an&or drainage facility within th is proj ect that do not fal I under the jurisd iction 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. 16� 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. 17. The City of Meridian requires that the owner post to the City a warranty surety in the arnount of 20%of the total construction cost for all cornpleted 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 Page 23 Meridian City Council Meeting Agenda"jMj,2020tW_(PagekW1c945d6229 Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. Fire Department I Fire Flow: Commercial and office occupancies will require a fire-flow consistent with International Fi re Code Append ix B to service the proposed proj ect. Fire hydrants shal I be placed per Appendix C. 2 Water Supply. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department or their designee in accordance with International Fire Code Section(lFC) 508.5.4 as follows: a. Fire hydrants shall have a Storz LDH connection in place of the 4 1/2"outlet, The Storz connection may be integrated into the hydrant or an approved adapter may be used on the 4 1/2" outlet. b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle. c. Fire hydrants shall be placed on comers when spacing permits. d. Fi re hydrants shal I not have any verti cal obstruction s to outlets within 10'. e- Fire hydrants shall be placed 18"above finished grade to the center of the Storz outlet. f. Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept. Standards. g. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3- Water Supp I y: There shal I be a Fi re liydrant within 100' o f a]I fi re department connecti ons as set forth in local amendment to the International Fire Code 10-4-1. Over 100 apartment units without an approved sprinkler system or over 200 apartment units with an approved sprinkler system wil I require a secondary access per International Fi re Code Section D 104.3. The access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be setved�measured in a straight line as set forth in International Fire Code Appendix D 104.1. 4. Roadways: Roadways shall be 26' in width for ladder truck access. 5.- Roadways.- All entrances, internal roads,drive aisles,and alleys shall have a turning radius Of 28' inside and 48' outside,per International Fire Code Section 503.2.4. 6. Roadways: Emergency response routes and fire lanes shall not be allowed to have iTaffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection IFC 503A.1. 7, Access: Operational fire hydrants,temporary or permanent street signs,and access roads with an all-weather surfiice are required to be installed before combustible construction material is brought onto the site,as set forth in International Fire Code Section(IFC) 501.4. 8, Access: Provide a Fire Department Key box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 9. Access: The Fire Department will require Fire Department locking Connection caps on all FDC inlets. 1FC 102-9.Caps can be ordered at www.kiioxbox.corn — Page 24 Meridian City Council Meeting Agenda"jMj,2020tW_(Pagl8kW1cffffid6229 LX. FINDINGS A. Annexation &Zoning Upon recommendation from the Commission, the Council shall make a full investigation and shall. at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: I The map amendment complies with the applicable provisions of the comprehensive plan; The City Councilfinds the proposed map amendment to the C_Czoning district is consistent with the MU-R FLUM designation and the Comprehensive Plan (see Section V.forniore h7formation). 2 The map amendment complies with the regulations outlined for the proposed district. specifically the purpose statement; The Cio,Council,finds theproposed map amendment complies with the regulationsfiw,the commercial districts in that the subsequent development of the proper(y will provide a needed servicefir the community. 3.. The rnap amendment shall not be materially detrimental to the public health, safety, and welfare; The Citv Councilfinds the proposed inap amendinent and subsequent development should not be significantly detrimental to the public. 4. The map amendment shall not result ]In an adverse impact upon the delivery of services by any political subdivision providing public services within the City including,but not limited to,school districts; and The Cifi,Councilfinds theproposed map amendment will not adverseiv impact the provision q1-public services within the Ch�v- 5. The annexation(as applicable)is in the best interest of City. The Citv Councilfinds the proposed anne--cation ivith C-C zoning is in the best interest oj-the cjtj�. B. Conditional Use Permit The Conin ission shall base its detennination on the conditional use permit request upon the following: L That the site is large enough to acconunodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Councilfinds the site is large enough to accommodate the proposed use and ineels all the dimensional and development regulations oj'the C�C zoning disirict wilh Council's approval qfa reduced bulfer width to residential uses as proposed. That the proposed use wil I be harmonious with the Meridian comprehensive p[an and -in accord with the requirements of this title. The City Councilfinds theproposed use is harmonious with the Con-iprehensive Plan (see Section P�for more hiforination). I That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Page 25 Meridian City Council Meeting Agenda"jMj,2020G2FaglRkWXffT3d6229 The Citj, Councilfinds the operation oJ'theproposed self-sei-vice storagef�cility should be compatible with other uses in the vicinin,and the intended character ofthe area and not adverse4,qftel such ij'the Applicant cninplies with the conditions q1'approval in Section 17111, 4. That the proposed use. if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Ifthe proposed itse complies with the conditions oJ'approval in Section VIII, the Ci�v Council finds the proposed use should not adversel-v qft-ct othei-properties in the virinih,'. .5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools.,parks,police and fire protection, drainage structures, refuse disposal,water,and sewer. Because the site is within the Citvs A rea of Citj,Impact boundarj� the City has planned.for the provision oJpublic services to this proper�v; therebre, the Ch'v Councilfinds the proposed use should be served adequately by,essential publiefi7cilities and services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Citi, Counciffinds the pi-oposed use should not create any additional costs.for public fiacilities and services and will not be detrimental to the econonzic weUare qf the coniinuniq?. 7. That the proposed use will not involve activities or processes,materials,equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke. fumes,glare or odors. The Cin,Councilfinds theproposed use will not be detrimental to ai�ypersons orproperty or aff&ct the general welfare by aRv qfthe means listed. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005,eff. 9-15- 2005) The Citv Council is unaware of anv natural, scenic or historic fialures qJ'Inajor imporlance in this area; however,.finds theproposed useshould not result in dainage of anYsuch features. Page 26 Meridian City Council Meeting Agenda"j2d,,2020N-Tag'i!d�46WT,116221) C-/WEP�� '! t�_- ITEM SHEET Council Agenda Item - 5.J. Presenter: Estimated Time for Presentation: 0 Title of Item - Community Development: Program Year 2019 Community Development Block Grant Sub-Recipient Agreement Amendment with CATCH, Inc. for a Not-to-Exceed Amount of$16,000 Council Notes: ATTACHMENTS: Descrip TC CATCH Amendment lAgreements Contracts 5/20/2020 16CREVI E Department R Clerk. Johnson, Chris Approved 5/22/2020 - 9:19 AM Meridian City Council Meeting Agenda May 26,2020— Page 247 of 616 FIRST AMENDMENT BETWEEN CITY OF MERIDIAN AND CHARITABLE ASSISTANCE TO COMMUNITY'S HOMELESSNESS, INC. FOR PROGRAM YEAR 2019 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This First Amendment Between City of Meridian and Charitable Assistance to Community's Homelessness (CATCH), Inc. for Program Year 2019 Community Development Block Grant Funds ("First Amendment") is entered into this 26th day of May 1 2020 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and CATCH, Inc., a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, on October 15, 2019, City and Subrecipient entered into Program Year 2019 Subrecipient Agreement("PY 19 SRA"), a cooperative agreement for the investment of Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient seeks to amend the activities for which CDBG funding will be used under the PY 19 SRA; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the parties agree as follows: 1. Section I.A. of the PY19 SRA shall be amended as follows: A. Activities. Subrecipient shall use City's PY19 CDBG funds in an amount not to exceed sixteen thousand dollars ($16,000). Subrecipient will be responsible for administering the SOAR Cafe Geer-dination-program�qf individuals with a disabilivy who afe applying for- SSI/SSDI-Utility Assistance Progr . Eligible participants are those who are etwfefAly e�. . . — ir-a4 risk efhemelessness at risk of utilities being terminated. This program will be administered in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under 05B (Disabilivy Serviees)-05Q (Subsistence PqMents). CDBG Funds will be used to reimburse for eafe eeer-dination serviees-�to three (3) months of utilities. The primary administrative office is located at 503 S. Americana Blvd, Boise, ID. See Attachment I for a map of the service location. 11. Section I.C. of the PY19 SRA shall be amended as follows: C. Level of Service. Subrecipient's activities under this Agreement shall provide at least ei& 135 total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units of Service" shall be defined as "LMI individuals euffently ex. i i — F at risk of homelessness who ha�ve a mental health disorder-and a disabilit T. at risk of utility termination," Subrecipient shall verify that the household income of clientele served by City's CDBG funds, as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. 111. Section II.E. of the PY19 SRA shall be amended as follows: E. Progress Reports. Based on the results of Subrecipient's risk analysis, Subreceipient shall submit progress reports monthly via Zeem&ants Neighborly Software. Instructions on submitting progress reports are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. Progress reports will be FIRST AMENDMENT TO PY 19 SUBRECfPIENT AGREEMENT—CATCH,INC. PAGE I OF 2 Meridian City Council Meeting Agenda May 26,2020— Page 248 of 616 due 10 days after the last day of the reporting period. If Progress Reports are delinquent, reimbursement requests will not be processed until the delinquency is cured. Subrecipient must timely submit Progress Reports even if no activities are conducted within the reporting period. IV. Section II.K.3. of the PY19 SRA shall be amended as follows: 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not to exceed sixteen thousand dollars ($16,000). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the CDBG Administrator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via Zeem&ants Neighborly Software and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period and proof of payment by Subrecipient(such as copy of check and bank transaction information showing payment of check, copy of receipt of payment by contractor or subcontractor, and/or other relevant documentation of payment). Reimbursement requests must be submitted within fifteen(15) calendar days from the close of each month of the program year except for the final reimbursement request. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 20, 2020 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing,by City. V. All other provisions in effect. All provisions of the PY19 SRA shall remain in full force and effect except as expressly modified by this First Amendment or other duly executed addenda. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the PY 19 SRA or this Amendment thereto. IN WITNESS WHEREOF,the parties shall cause this Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: CATCH, Inc. Stephanie Day, Executive Diritor CITY: City of Meridian Attest: By: Robert E. Simison, Mayor Chris Johnson, City Clerk FIRST AMENDMENT TO PY 19 SUBRECfPIENT AGREEMENT—CATCH,INC. PAGE 2 OF 2 Meridian City Council Meeting Agenda May 26,2020— Page 249 of 616 C-/WEP�� ITEM SHEET Council Agenda Item - 5.K. Presenter: Estimated Time for Presentation: 0 Title of Item - Professional Services Agreement for Concerts on Broadway Musical Talent Council Notes: ATTACHMENTS: Description ype���� upload Date ��Kings of Swing Agreement �Agreements /Contracts 5/21/2020 High Street Band Agreement �Agreements /Contracts 5/21/2020 REVIEWERS: Clerk. Johnson, Chris Approved 5/22/2020 - 9:19 AM Meridian City Council Meeting Agenda May 26,2020— Page 250 of 616 PROFESSIONAL SERVICES AGREEME NT for MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGRE EMENT for MUSICAL TALENT FOR CONCERTS ON BROADWAY ('Agreement") is made this 4;�!—Jay of /MAv 2020 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ('City") and Tom Phelps, doing business as Kings of Swing, an assumed business name certified under the laws of the State of Idaho, whose address is 10790 W. Hickory Drive, Boise, Idaho ('Promotee'), WHEREAS,the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the ails, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza("Event"); and WHERE,AS,the Parties mutually desire to present, as part of Concerts on Broadway, the music of Kings of Swing, a seventeen-piece band specializing in the performance of swing and big band music; NOW, THEREFORE,for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as'follows: 1. SCOPE, OF SERVICES. A. Performance. Tom Phelps and the Kings of Swing shall perform for the public approximately fifteen(15) swing and/or big band songs, from 7:00 p.m. to at least 8:30 p.m., on Saturday, September 12, 2020, in the plaza at Meridian City Hall, at 33 E, Broadway, Meridian, Idaho, with one fifteen-minute break during this time, In case of inclement weather, the venue may be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements, City shall set up sound systems and/or related equipment by 5:00 p.m. on September 12, 2020, and Kings of Swing may rehearse and/or perform sound checks at that time, All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians,Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. H. COMPE,NSATION. A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this Agreement in the amount of two thousand dollars ($2,000.00). This payment shall constitute full compensation from City to Promoter and/or to the members of Kings of Swing for any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of Kings of Swing shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement, PROFESSIONAL SERVICES AGREEMENT— CONCERTS ON BROADWAY PAGE I of 5 Meridian City Council Meeting Agenda May 26,2020— Page 251 of 616 B. Cancellation. City may, in City's sole discretion, cancel the Event and/or Kings of Swing's performance, for any reason, including, but not limited to, upon the order or advice of a governmental agency related to COVID-19 or other public health hazard, If City cancels the Event and/or Kings of Swing's performance: 1. On or prior to 5:00 p.m. on September 4, 2020: This Agreement shall be void, and neither Promoter nor Kings of Swing shall be entitled to payment or any other benefit hereunder. 2. Between 5:01 p.m. on September 4, 2020, and 1:00 p.m. on September 12, 2020: So long as Kings of Swing is present and prepared to provide services set forth in this Agreement at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the Event or any component thereof is cancelled due to unforeseen events not caused by Promoter,Kings of Swing, or the members thereof. C. Method of payment. Following the September 12, 2020 performance, Promoter shall provide City with an invoice for the amount of two thousand dollars ($2,000.00)for services provided, which City shall pay within thirty (30) days of receipt thereof Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. 111.VENUE A. Plaza. City shall provide for the performance,the outdoor plaza on the east side of Meridian Cit, Y Hall, 33 E. Broadway,Meridian, Idaho C'venue"), which is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and Kings of Swing members from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of Kings of Swing shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Kings of Swing's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory, C. City policy applies. Promoter and Kings of Swing shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or Kings of Swing shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City requests that twenty percent(20%) of any proceeds from merchandise sold at the Event be voluntarily donated to the Meridian Arts Commission. Promoter and Kings of Swing shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. PROFESSIONAL SERVICES AGREEMENT-KINGS OF SWING,CONCERTS ON BROADWAY PAGE 2 of 5 Meridian City Council Meeting Agenda May 26,2020— Page 252 of 616 interpreted or construed as creating or establishing the relationship of employer and employee between Promoter or any member of Kings of Swing and City or any official, agent, or employee of City. Promoter and Kings of Swing shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Promoter and each member of Kings of Swing shall comply with any and all applicable federal, state, and local laws, I. Non-Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of Kings of Swing shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either patty, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees, If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative rights and remedies. All tights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law, Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 0. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Ci z Kings of Swing: City Clerk Tom Phelps City of Meridian 10790 W, Mckory Drive 33 E, Broadway Avenue Boise, Idaho 83713 Meridian, Idaho 83642 Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. PROFESSIONAL SERVICES AGREEMENT—KINGS OF SWING,CONCERTS ON BROADWAY PAGE 4 of 5 Meridian City Council Meeting Agenda May 26,2020— Page 253 of 616 Q. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Kings of Swing and each and every member thereof. The undersigned further warrants that he is authorized to bind Kings of Swing and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Kings of Swing and its members, R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement, Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval, IN WITNESS WHERE, OF,the parties hereto have executed this Agreement on the Effective Date first written above, PROMOTER: A-1-1 - " '''' - Tom Phelps, Director Kings of Swing CITY OF ME RIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk PROFESSIONAL SERVICES AGREEMENT— CONCERTS ON BROADWAY PAGE 5 of 5 Meridian City Council Meeting Agenda May 26,2020— Page 254 of 616 PROFESSIONAL SERV WES AGkE.EM ENT for MUSICAL TALLNT FOR CO�-j CERTS (>N BROADWAV This PRO FFZS 10NAL&ERVICIE$ A GREEM ENT feir MUSKAL TALENT FOR CONCERTS ON BROADWAY CLAXemenf) is made alib LZ�lay of_a)a '102-0 (-F_ffectl!W Dat�:'),by and betwcen the(:I Ly of Mendj=,a mm-cipal corporation Ota�m j A&dff the laws of the 91faic'Of Idaho and 1.;tovr; C7aC-on bChWf of High St�=Enzarta�imwir, LLC, a liffnitej [Iabifill�' compalay orgmized tinder the lawr,of the;Stat�()f Idjho, WFIM ad&em is 28 12 Gmenvale Race, Nampa, Idaho (-Pronkotetl'). WHEREAS,tht, City desires that rhe p1w,.a 4 Menidlan City HAI Perve&�a place where m�=bers of dh-a community carl. -'-�4�r toe TOY downtown Meri dian and to takepart in the arts, wid to tLa enj, tb.� Wridian Arm CorflTh'sSiOn is preseftfini�Concerts on BroadwaY, a mri's of concen2 W be held.Lin the MendLin City M] pjaZa(.LE%Mt-),. arlri WHEREAS,ttte PartieS mutual ly d&;i rt�to pres-en� as pad of Coij-cert�on Broadway, Ow music 0� MRb Street a seventmm-piece banJ.5peG1'.alJ'2jn:g in the perfornUnee of swing and Eng band mu:�3-c, NOW,THEREFOR IF,for sood and valuabi a"ms;'&ration, flv-- rsreipt and sufficiency of whcdi Is hereby acknowl edg6d and agreed, and 'Ln comideratcon -if the mutual pEx)umses and c.0%7.-nants hefellin c.0ritai ned, thl.�Parties agree a3 follows- S('OPX OF SERVICES. A� Perforinance- Hj�Strem 4Wl perform (;)r the public appFp Matf 7- M lY f1ftecn (15) songs, ftoin p-rn. tO at lcwt 8:3-0 p.Fn-, m Satwday, Sclyrember 26, 2A)20,ITI dbe Pla=at MendiaR C3 ItY Hati, at 3 3 E. BEvadway, Meridi-an,Idaho, with orw fdteen-Fninute break dUring th3 5 tim,-- In CAW Of E"clelmr1:11 wQA*er-,the venucmHY be movW to an 1'jndDw W�tivn w be dd*mined and a"d upon&ffpamrt�ly by the ftrhe�. & Sou-nd sysWm; wt up and sou-nd cfaecks. City shal I provide, s"-up,and GWac any atid all sound sysiarns and cquipment ni.-u�ary to ejectrorpllc�dly ajuph F� mw c and Wkm m"OuRcanents. City s,1WJ =up sound V!�� and/or reEaLud 0q1uplaiml by 5;00 P.ni an September 26,2020,and High Street may T-ehwse an&or per:Forin sound cheeks at that t��. All set-up, rehearsaL anWor sourid chW4 shgl be wm-pl md by 630 p.m. C� �Umw&If Pmnwvw elects to u:se n-sers lo elev�Lw the masician!�'Promoter shall PKU%I-Lde and %;t up such risers. , and-L2ml] ufilize sucb materials nf-c�*sary to pm,5�ct City fajj,tit�s dvrwgL-therefiom. I t firura any and all tL CO"UnATION. Tod2il annount. City 5hall make IoLal payment to Pron3oter for swvi-tAz rendered P umuwt to this Agrb=ent Ln &e anwml of four thousand dollars ($4,000-W)- This payment sUj constimm fLdj f,ompcnsafion from C3'iy to Promoter-ancYor to die rnernbm of 1-fio Strcig for any and aJ1 SeTVIGBF., and.expen-st% related to-servi m performad undu this AgreeTnent, Promoter&Wo;r t�e respecti v*Tmnibars of High Street shall bc rcspw3nslible for paymcnt of arry and a[l taxes due- M d owmif;for pRyment raceeved wider tLis Agr=Tmat Pw wl�SMNAL Smvl(:F'�s Amdgwmsm- amWMRT3 ON-BROAriw-vy Meridian City Council Meeting Agenda May 26,2020- Page 255 of 616 B. Can cejlsLjj0FL City Ruy, k rL City's 41:Krefion, oni�el the Eymi and�or High Strem,3 perfDnn=-ce, for wiry rea�,on, Lncl-udlln-� butnot 1 1mjwd to, upon the order of adviu of a. CA Lh agDnCy related to COVID-19 OT othLm pub3 Lc heallb hazwd- If CitY rancels e ]Event anctfoll'lfi&h Svwz's performaDu; Old m I. Oin or prioir 1*5:0 pL.Fn_ 01,Septembj�r- I&2UO, This.Agreement "I be v , d n-�ither n reunde promitef nGr Higb Stree shall be entitled to PRYTWnt Of atry Oth-cw br el'it he r- 2. Re.kwem 5:01 pjm-an Se ptem tker IS, 2020.and 1--00 P.m. OFL Septeml1kir 2(%2.020: So 1 on��, A�; HiDh Street-Ps pre!�aa and prupwed to PDDVt&SmLces Set fovith in this A�!reem=L at the t3 mt�, date, and placx,� and in acwrdance ihit tttr,I)-rrAs set fonb hmni� City shal I pay Pr*=t-BF In ths wwunt set fof* hi�r=, even if thu Bvent, oT aRy wrrlponant thuwf, IS macelled dw ti)unforeseen "ents rp3t caust;d by Fronioter,TRigh Street,oF-*o members diffeef. C. Mwffiad of payrne-nC FollowiTkg Oe September 26,2020 performawx, Promoter shall provide City Mjjjh ajj I for&B M=tjolt Of f011111'fllhOUSand"larg(S4,OW.00) f0F Ser%I-CeS Pn:)V1decL v-+ilah City shall pay widiin thirty (A) days of Tocviplt thereof paym&ftt of all taxes and othar wso5b-ments on sucb sums sliall be the Sole EeFPDTLsj bdity of F-muntex. AILVIEN101L A- PL=a. City, shall prov-P& for the perfbrnmi-,e The outdoor pl:�=-on the-easit5jidc l:)�Meridian City HO 1, 3 a F— Broadway, McTidim,Idaho ("venue), whia I's an-outdoor,oPun, Pub]LC YeFkUe. Promutw shall be solely TeVfflnible fbr any w1A all measums nbDamall`Y W Pmtcct equipment, ingnm cp is, and Eligh Stcwt members.&o-m cl�u=ge due to wcathei and o�her cAmifthons that do or may tmlsl. )3, NF)Iit venue- Promoter acknowleAM thak the venvo V, a public pla" mid that all membeirs of the public.sball be iff6ted.to aittend- To this end,tbr�TneilibeFs Of High Street sUl peffbirm sUch I W11 ens]Nhti�- ni -; and nulte al and iin �urh amarme� as "I be aPPrOP ftb�,f0f all ages,val 1JL s ltt� an behavii I fo an-a Street's perf6rmance and atti rc shall not include lang=p,z Tc, &Of or that S P f -sexaal,VioJeTlit, Cw dimnimimtoi-Y- C. City policy applieL Ptoniolter and High Sltreo 0211 comOY Wth all CAY Policics Wild cOdes appli-calak to use of City prcTcrty arLd facillitks, 'Lnrl An& but rjov J'trn3 Lj>d to, policies crf th6 Menidian Ruks and Recrc�6on Department,�md any requji-emwits Of the City Bi�Idi rks Mai ntenmct�Techn]cian, whiLdh requirements A211 be r4�asonabi o And fof the pullmse Of,Protbnw� City fi�iifties and prupeT-�r, D- Photo-p raphy:amd re-cording, City shal I be autoTlizc4i ti) photagraph, rewird, vidw lape, 0 43 ed C til) a trvsnu� ar di mcrnilnalt�, La or from thc,piAza, the performsm" $ lely f r u a n zn d pk3bJ I c llnformat'10111`� PUtP0-%2& CIty sbs3l not be respowlible fnt ffie actions of persons who are not vnde--r ils employnwint oT conlrol. E. MerchanKfisintog. Promoter and)09 [figh Strm shal I be authonized to S01 albums and1ur merchapdi%n-,=barial at the p.�&rmance� and way mitain the proc�:As of sach sales. City, rcq LteSts that twenty pucxrd of any pi-ocffeds.fiom membandi!�e t��d at the Event bo vol Lllraafily dmzW to ffie M-ancb m Am COTbffdssLoFk- PmFwt�r 2Ad fth Street sball W ro�ble for paying,all sales and other taxes du-c -md CAMing on the procee�&ftem merchandise Sold. PwwEso)NAL�4xvxnin AGRI;L-wl�-F-I I IGR SIRW-F,Q)3iTTNT5(YA' BIWAIDWAY FAC9 2-of 5 Meridian City Council Meeting Agenda May 26,2020- Page 256 of 616 I V-TJ�kWS AKI)C0-N.D1TI0J4:S A. Timeof flue-imwFilice- t Serv!LCC�, provided Lmdw this Avixornent "I Niformedifflgl�ffle]Ymanncr� The FartivsqckrtowJedV and agree 11W time is sinctly of the mo)fe mmith respeck to this A.8reenaGin, and that fhe fW are 10 t1maly perfof ftri any Of the ON 11gations hereunder 3hal I comti�lz-a breach of, and a-deavit wider, th3�i Agreement by th4E party fai parF -�O lill'119 tG QrFn. Premotim oir Eveat, City sh;;J I promote thr p(trformmee in CO=Unily PTOmotional rnawials and aven m;s, ind ading-th-e City news;cmr, City "bote, MexidWn Parks& Ritcrcatiori Department Activity Giiide, and locW media and evmt calendars. Proff"51[or maY undert:91-u vvdditional prmotional acti'viti 6S at his 0" expeme and effort,subjeck only to the lifnitWorts set forth h-E in. C-ty hffeby rel cmvey3 to Prorrioter to Lise City's namG in all forms and media arW In a]I ummer-, withoult VLolaltion-of City's fespcw�ve lights of pn'v.@GY Or any odier Risks City may poswss in connection With It$ FOIC 1111`1 the PfOdU0011 Ofi7on-CeM OrL Broac[Way� eyXqX that City IS logo imay not bc used in afty rwmni�r whatsoevu%ldhoat fhc Express, writtm cDnsent of the Mayof,,; Chief of Siaff- To the extent p=6 cable, F�-Ornutlrr shall be givim the opporrwFutY to irevlcw, fbir P arP(Y��-,of accuracy, and approw aJ I Promolimal nizteriaIs in advarto�of their public=qon, broadcast or-disseminsdiort. The b=d shall bLe 11 sled a�'High Sfteee' im all PTOftwlljonal male(14 s that are crt�."by City or Within ffie C3�r,s CMITOJ C. SLabcoFirtricting or ass�gniFwm t of Oblll!�,aliQn&PmmOtr,�T AAll 11110t subwanct Or&q9gm any of thp- ON igalions of High Street w-iikr ft s A�p oumcut related to oT that may relam to the band's talent or exiWi6se. Proftmu may subconuact Gr 2s:S'pm 0b[-gW' Ig 1 30111:5 that do not "W r-E the band't;w-6stic talent or exPertise,incluffiH9 but nOt 1i 10111MId to, Such Obhgafiorks as ftwlsport and srt-up of qw�ci W equipmout andiGf inmnients. Any subcontractor or amignee:!ihall be bound by all tb,-temis and olanditi ons of this A"nwnt. 0. Non-"ver of hir-rac h. .A walliv-ur-of any brcach or default of any provision of this Ag-i-mment dial] not bc. cons"d as a wm'vff of a breach of iffit;san-Le or any o0icr provision hereof. Indeinniricaltion- F'Fouimr shall� and hereby doLs,midemnify, save, and hoJd harmIess 1he City and any and all of its ftr9loyees, a8ftrts, voluntei--irs,andlor elected officials fiom any and a]I iosses, clairns, and judgments fo.r damagn oir injury to persons or pr"rty, and fFum any and all Jowz a-pd expen.w-s-caused or itrioun-ed by Promu�er andfor 14igh Street, t�6r msistants, servarkts, agerkis, txn[�Joyees, gl-cem, an&of butsinirss invitees, in ronnw6on With this A&ra:in-cnt or acliviti os irelated therm Nonioter and each member of ffiO Strw auknowlc�dgu that pro-visiou of the services describcd herealader preswits risks, some of wh-kch am w1kft0-Lvn, and do ag0e6 to&-.Suine arl s;uch known orvvknown n'!*S. F. Waiver. Exr-G-Pt as 10 rightsbeld undL-r t1w tmns of ffiis AgTeemtra, Promoter arvi cach membeT of Hig� Street 41al 1, and hereby do, wmve any and all cA;ai ms and recoum 4gainst City� 'Ttl;Ju&nZ dhe n Ohl Of cantribiAlJon for �oz and dama8t to Pffsons of prupe* ari!,-Lft,- fi-011171, growing Out of, Of in HnY waY cclonucted M-dh err 1 ac4ident tht�vclomance c F thirs ALgreemerit,whether such 1 uss or dama-C may be atti�butiLble to known or unknovm ronditions, excopt fUT liabditY an-51111`19 CUt Of W110MUraill or sol 6 lacgligenoe of City or im ofF3;eTs, agenL-&or c�rrllployeeq. ftelAtionship-of Nrfies. 13roffloti!r aTi-d each mffrnbcT of Agh Stir=Is i3ij irtdopvident contractoT and P;not aa eampicayee, agt-mk jpint v-entwer, or partner of City N-odiing in this Agreemwi!4-ml) be 10YAL SER V w 1-:5 AG"lib&hu-- C o NcERTs()�N FjjW APW AV 3 of 5 Meridian City Council Meeting Agenda May 26,2020- Page 257 of 616 Unt-arprered or wnstiuk!as ereating or-e�ablllsbipg dia rela6i)nq-h1p of-mployer and effl&vlzo 1'eweep pmTko,.�,r OT any n-.efl*er of HLgh Stmt W�d jC lity or my official, agcn� or employ ae of City. FlromoteT and Fli� Stmet 4mll retain the nglht to Pe6Drun '�--fvlloes for offiers during ffie term of th'LS Agreurbfflt- H. Compliance With:ISLW. nToLk�ajouj thc cour-p--of thi!5 Agreeromt, ?mlinot-er and ead rm-mbrr Of B]9;h Street shA] comply with any and A[] appli cabJ6 fede* stAte, and locA laws, L N on-Discrifflidatiom ThfOugfiOut 1he`,Oursc Q'F this Agccunffl� neltblir proMoteT n-Zir any Fnemtw-r Of n' -caO�, efeed, lrzl!115�11� !;ex. m Aati a ongin High SmM shall dix =nate aonsit any pqniork as to On SaKUW OT-LIEUtallOR Or aflY phy5l1cal,mental,cvr eAi�Ty h-2mdicap- .4qreenmint- ThLis Agreemew cmstitutes the wfire undersvwding betwul-m the Par�cs. This Agreemwt supersedc5 any and atl stateTnerlts, pramses, uT 3 nducenwipt&made by c3thef Parly, oT .1 agents of either parLy, wh&er oral or writbe-n. whetb Er previ-ous to thu executi on hereof or -coutcinporaneous b&fflW1th- Tht tarms of thi-�Agrecnv�nl may not be erdarged, m0d3fied or alta&d exwpt upon wntwn 4��reemcnll.signed by both pam es hffeto- K Costs and :amroeys' fw�,- If eilhsr parLy bning5 my action or proc4�edlngrs ti) L�ITDrcv, protee or -establish wy aght or-wrnady under the terms wd condifions of this Agrr�,emeat,tbe Prevading P" "l be entitiod ti) reMWT masonable c4mits and awrnays' feet, as detell-MITLed by a court OF competent J-1,11'nsdlictim JTj ad&tjop tck wiy other Wief awanilzd- L. AgrEement goverited b�y Idaho law. Th6 laws of the �qtate of[jaho dmill gowrn the validity, Unt-arpreta-kin, jperformwicl.�aadeDf0r(,ewjmt of tj�l-,�; Agreement. Venue shall be Ln the cot3irts of Ada County, (Jaho. M. Cuipttlativ-r rights and remedie:�j. AIJ rights and ramedllc�,hef&M-enuTvraled shall bl�cunuAaldve&Rd none shall exd Lmk auy other right or fame-dy allowed by Law. Likevnse,*6-axez-6se of s�ny mmedy pro�nided foT her-ain oc allowed by law"I not bo io the excjv6on of arry other 3'emedy- quinsdicTion to be N. Severability- I F any pToVi6on of dii.:& Agreemem's �Owld bY a WuT1 Of WmPOteA 'LlIetal, 1111valid,Or unenftm�nble, the remalji4jeir of this A'greernnit not bl�,affacte& G� Sticcezom and asftlrm All of the tefms, prov,�,Eons, covcnants and condiborl..%of this Agnaeraent shall Jnvrj�to the ljgnt�fi t of, and shall be bindling upon, each par�y and tbM'T SLICCeSSOFSr ZsiVs, lepi represcfttatives, heirs, mecuwrs, wA admi-nistr0iors. Notim- Any and-all vitice m4wrod to be provid6d by eltbrr of ffie Pariiesh&reto., unless Otherwise L a" po '133 u n FFMI 'Lg by stated lin thLs Agreerntm� qhall W jvk wrilting andshall be degmed mmiln c United Stab�s Mail-addm--;� as fbIlows: citL 14i,,rh Steer OW CIA HiLghSiTeet J-nte�ftaininent, J-LC Citr of Men'dian 28 12 Grr"mval a Place 33 E- Bmadway Avenue Nampa TD 83686 Mendj�m, Idaho �L3642 Either party may change addiess fbT thn puTpose of this Section by gn Vkfll�wnW Pgkicla-Of SlaCh. dbuinge M the ruanner herein pirovided- PW-WFSS10N Al-SLk%ri co AORRMFMF-F 1W I I!�TRFFT,CZW=�S(%N R RCKAD WA Y PAOE 4 Of 5 Meridian City Council Meeting Agenda May 26,2020- Page 258 of 616 WalltrkllLOY Of aLLtbdrItY- TIm undelvVed expressly wwmts ffiat, to th.E em t t f he - e i, en se orth reui,.h dtklY ;Iutborized to act a�; the repre�.ffnuallve and agt�t of High Stmet an<j each and evelly rnember there*f, The undmigned RUIthell' warmnts thath,2 Is authoriized to bind High Strott and its rnernbcrs to the obhgAons so forth her-ein, �md to a-ccept tb-c 11'abilities as cstabf ished her,-,in-on behalf of Ugh Sueet and A� rnMberS. R- CW COUnCil APPMrA "Bi ried. The Vai LdItV Of this Agreem-�nt sball bla-exp"s�r mn6 1jim LIP*" MY Cotmci I wfion appfoying the Agreemclat. Execulikw of this Agreement by the persow, refirmimced below prior to such Tafificztim or approval shall not ba-conmued as proof of val Ld3 LV i n th c abswitce of Meridi an CjtY Councill approval. I IN WnNESS WH FREOF,db-2 PaTtrcs hereto havi-,qwcut-ed tLs AgirczTmirlit oa th6 EF(CC6ve Dare Win'ttm above. PROMCVUER: h Stt tP,41Y %e Street Ent im3nmient, LLC CJTV OF NIFFRII)LA-N: gy: . ....-- AtIeSt: Rc)[icirt T. Sllru'sorl, MaYDT Ck&36kason, clli�f clerk PRIO VJ--S SHYRAL b'ERV K19S A(jjFt FDAENT— C&I M D� CAD VOLCE 5-0r.5 ),LE T_ N 8R 'WAY Meridian City Council Meeting Agenda May 26,2020— Page 259 of 616 ITEM SHEET Council Agenda Item - 51. Presenter: Chris Johnson Estimated Time for Presentation: 1 min Title of Item - Resolution No. 20-2212: A Resolution Reappointing David Ballard and David McKinney to the Transportation Commission Resolution reappointing Ballard and McKinney to Transportation Commission Council Notes: ATTACHMENTS: Description Type] Upload Date Reso Reappointing Ballard and McKinney to Transportation Resolution 5/18/202C Commission REVIEWERS: Clerk. Johnson, Chris Approved 5/22/2020 - 9:19 AM Meridian City Council Meeting Agenda May 26,2020— Page 260 of 616 CITY OF MERIDIAN RESOLUTION NO. 20-2212 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING DAVID BALLARD TO SEAT 1 AND DAVID MCKINNEY TO SEAT 3 OF THE MERIDIAN TRANSPORTATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Transportation Commission, its members and terms of their appointments; and WHEREAS, David Ballard was appointed to Seat 1 on the Meridian Transportation Commission by Resolution No. 13-925 on May 22, 2013, and reappointed by Resolution No. 14-985 on April 15, 2014; and reappointed by Resolution No. 17-2013 on May 9, 2017; and WHEREAS, David McKinney was appointed to Seat 3 on the Meridian Transportation Commission by Resolution No. 18-2054 on January 2, 2018; and WHEREAS, the City Council of the City of Meridian deems the reappointment of David Ballard to Seat 1 and David McKinney to Seat 3 of the Meridian Transportation Commission to be in the best interest of the Meridian Transportation Commission and of the City of Meridian. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-1-1, David Ballard is hereby reappointed to Seat 1 and David McKinney is hereby reappointed to Seat 3 of the Meridian Transportation Commission, for terms to expire May 31, 2023. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 26thday of May, 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this 26th day of May, 2020. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION FOR REAPPOINTMENT OF DAVID BALLARD AND DAVID McKINNEY—MERIDIAN TRANSPORTATION COMMISSION Meridian City Council Meeting Agenda May 26,2020— Page 261 of 616 C-/WEP�� ITEM SHEET Council Agenda Item - 5.M. Presenter: Estimated Time for Presentation: 0 Title of Item -AP Invoices for Payment-05/21/20 -$254,925.87 Council Notes: A Id ATTACHMENTS: Description Upload Date ��JAP Invoices for Payment cover Memo REVIEWEIRS: Clerk. Johnson, Chris Approved 5/22/2020 - 9:19 AM Meridian City Council Meeting Agenda May 26,2020— Page 262 of 616 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund ADA COUNTY WEED&PEST CONTROL gopher control at Fuller Park 55.89 01 General Fund ADVANCE AUTO PARTS BEP 65-60 Battery Silver ATOCF IT SUV 96.47 01 General Fund ADVANCE AUTO PARTS Jacobsen 311 mower parts-qty 2 32.71 01 General Fund ADVANCED HARDWARE SUPPLY,INC. bumpers for City Hall barriers-qty 1 18.00 01 General Fund ADVANCED HARDWARE SUPPLY,INC. stain for City Hall barriers-qty 1 49.50 01 General Fund AMANDA MCNUTT Educ Reimb:A.McNutt, BSU,01/13/20-02/28/20, BBA 2,600.00 Mgmt 01 General Fund BACKFLOW SUPPLY Ten Mile Interchange backflow device replacement 689.61 parts x 2 01 General Fund BOE-Boise Office Equipment CN28973-01 220/Maint. Fee Charged per copy 3.96 4/4-5/3/2020 01 General Fund BOISE MOBILE EQUIPMENT, INC Printer Mounts for New patrol Fleet 532.00 01 General Fund BOISE MOBILE EQUIPMENT,INC Remove Dispatch Radio from Unit#30 450.00 01 General Fund CAMPBELL TRACTOR INC. Settlers Park John Deere 1600 mower repairs 270.10 01 General Fund CANYON TRUCK UPFITTERS 20-0168 truck#13 service body, ladder rack&air 30,463.99 compressor 01 General Fund CASCADE FENCE COMPANY,INC. resurface Pickleball Courts at Settlers Park-qty 3 7,650.00 01 General Fund CATHERINE ROEBUCK Educ Reim b:C.Roebuck, BSU, 01/13/20-02/28 UX-Pro 350.00 Cert 01 General Fund D&B SUPPLY K9 Supplies for Tuso 75.96 01 General Fund D&B SUPPLY ratchet straps&locks-qty 3 53.97 01 General Fund D&B SUPPLY sucker stopper for Fuller Park trees-qty 1 39.99 01 General Fund DAVID DYER Reimb: D.Dyer, Fingerprinting at ID State PD on 11.30 5/11/20 01 General Fund FEDEX Finger Printing for out of state employee 128.09 01 General Fund FEDEX Fingerprinting and Background for Out of State 37.87 Applicant 01 General Fund FROGGYS FOG LLC 220/Smoke machine,&55 gallons liquid smoke,for 1,774.98 training 01 General Fund GEM STATE PAPER&SUPPLY CO 3 cases Chlorox Discenfecting wipes 93.06 01 General Fund GEOTEK,INC. 20-0190 2nd PO for FY20 Residential Bldg Inspections 12,705.00 4/20 01 General Fund GLASS DOCTOR 220/Windshield tint, MF038 273.57 01 General Fund GREAT FLOORS 20-0143 220/floor material payment Fire St. 1 31,804.10 01 General Fund GREG KORTAN Per Diem: G.Kortan, Honor Guard,ID Falls, 82.50 05/21/20-05/22/20 01 General Fund HENRY SCHEIN, Inc 220/ 1 temporal scanner,COVID 122.04 01 General Fund HENRY SCHEIN,Inc 220/4 temporal Scanners,COVID 244.08 01 General Fund HORIZON DISTRIBUTORS INC mow crew Exmark mower repair 71.09 01 General Fund IDAHO BUSINESS REVIEW Subscription order#19632 140.57 Date:5/21/20 11:55:24 AM Meridian City Council Meeting Agenda May 26,2020— Page 263 of 616 Page:1 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund IDAHO POWER 2200773816,City Hall Power May 2020 5,644.17 01 General Fund IDAHO POWER 2205054725, Police Power May 2020 2,681.42 01 General Fund IDAHO POWER 2207458205 May 2020-New Service 42.10 01 General Fund IDAHO POWER 2224444402 Fuller Park May 2020 746.65 01 General Fund IDAHO PRESS-TRIBUNE Baron Black cat RZ, Modern Craftman @ Black cat, 129.27 Tannercreek 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for McKay Subdivision Annexation and 72.31 Zoning 01 General Fund IDAHO PRESS-TRIBUNE Mckay Farm Subdivision Annexation and Zoning 49.58 01 General Fund IDAHO STATESMAN Job Posting for Lead Account Clerk 172.50 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange on 4/24/20 250.00 01 General Fund INT'L ASSOC OF FIRE CHIEFS 220/IAFC Dues 7-1-20 thru 6-30-219 members 2,145.00 01 General Fund INTERNATIONAL SOCIETY OF FIRE 220/ISFSI membership Fedrizzi to 4/30/21 125.00 SERVICE INSTRUCTORS 01 General Fund INTERSTATE ALL BATTERY CENTER Batteries for 2nd Floor Fire Panel 55.10 01 General Fund INTERSTATE ALL BATTERY CENTER battery for irrigation golf cart-qty 1 115.10 01 General Fund INTERSTATE ALL BATTERY CENTER battery post cleaner-qty 1 2.99 01 General Fund INTERSTATE ALL BATTERY CENTER mule battery for Settlers Park-qty 1 44.40 01 General Fund INTERSTATE PLASTICS polycarbonate sheets for City Hall barriers-qty 10 800.00 01 General Fund ISAIAH WEAR Per Diem: I.Wear, Honor Guard,ID Falls 82.50 05/21/20-05/22/20 01 General Fund L.N. CURTIS AND SONS 220/1 Trash hook,ff equip 147.75 01 General Fund LAURELEI MCVEY Educ Reim: L.McVey, BSU,01/13/20-05/01/20 MPA 1,300.00 Enviro Pol 01 General Fund LOGAN SIMPSON DESIGN 19-0331 COI Meridian Comp Plan 10/12/19-4/1/20 6,600.00 01 General Fund MASIMO CORPORATION 220/equip mtnc, new cables for pulse oximeters 2,035.00 01 General Fund MINUTEMAN,INC. 2006 locks-qty 24 310.80 01 General Fund MINUTEMAN,INC. Duplicate Key for Unit# 526 8.00 01 General Fund MINUTEMAN,INC. keys for toolboxes on truck 7&12 32.00 01 General Fund MINUTEMAN,INC. locks for flagpoles 53.40 01 General Fund MINUTEMAN,INC. MYB concessions door rekeyed-qty 3 131.85 01 General Fund NORCO 220/hydrotest SCBA bottles,qty 15 390.00 01 General Fund NORCO cylinder rental for welding gas-April 2020 31.50 01 General Fund OFFICE DEPOT,INC. 220/Keyboard and Mouse,Sta. 6 BC office 38.07 01 General Fund OXARC,INC. 220/refill 1 medical oxygen cylinder 14.26 01 General Fund OXARC,INC. 220/refill 2 medical oxygen cylinders 18.52 01 General Fund SIGNS, ETC COVID signs for City Hall Qty.2 89.90 01 General Fund SIGNS, ETC COVID-19 signs for City Hall 89.90 01 General Fund SIGNS, ETC decals for fleet truck 13 145.00 01 General Fund SIGNS, ETC fabricate&install Homecourt bronze dedication plaque 628.00 Date:5/21/20 11:55:24 AM Meridian City Council Meeting Agenda May 26,2020— Page 264 of 616 Page:2 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund SIGTRONICS CORPORATION 220/radio communications repair 1,104.37 01 General Fund SILVER CREEK SUPPLY credit on sprinkler controller 2 wire module-qty 1 (224.31) 01 General Fund SILVER CREEK SUPPLY sprinkler controller 2 wire module-qty 1 224.31 01 General Fund SPECIALTY CONSTRUCTION SUPPLY caution tape for all parks-qty 10 120.00 01 General Fund SYNCB/AMAZON 447898877799; 220/otterbox phone case,3.Bongiorno 13.99 01 General Fund SYNCB/AMAZON 465648489758;Toner for Max's printer:CF382A 373.67 yellow,CF381A 01 General Fund SYNCB/AMAZON 583949856859; 220/workbench brush,shop supplies, 7.99 St.6 01 General Fund SYNCB/AMAZON 859854437466; 220/grill cover,Station 6 75.95 01 General Fund SYNCB/AMAZON 954889794636; 220/Pallet of water for training 569.99 exercises 01 General Fund SYNCB/AMAZON U/V Light Boxes for Fire-M. Niemeyer Qty. 15 438.45 01 General Fund TELEFLEX 220/medical, EZ-IO Power Driver 308.50 01 General Fund THE UPS STORE Postage to Send Evidence to Lab 50.82 01 General Fund UNIFORMS 2 GEAR Armor Vest for D.Anderson 885.06 01 General Fund WOODCRAFT OF BOISE sales tax reversal; reference receipt#001766 (7.11) 01 General Fund WOODCRAFT OF BOISE supplies for City Hall barriers-qty 4 125.58 01 General Fund ZERO WASTE USA,INC dog waste bags for all parks-qty 15 2,586.69 01 General Fund ZONES Multimax 5 in I antenna with Doube Cell/LTE Double 886.00 WiFi and Total 01 General Fund 123,682.39 07 Impact Fund PRECISION STEEL&GYPSUM, INC. 18-0239 Disc Park Maint. Shop Insul&Drywl FINAL 570.00 Total 07 Impact Fund 570.00 60 Enterprise A-CORE OF BOISE,INC. 10x6 vault for reuse meter install project(2 qty) 270.00 Fund 60 Enterprise AAF INTERNATIONAL Air filter media(I roll) 186.00 Fund 60 Enterprise AARON DARBY Reimb: A.Darby WW Treatment I License and Testing 125.00 Fund Fees 60 Enterprise ANDRITZ SEPARATION,INC Flexible coupling&vibration absorber washer(9 qty) 594.05 Fund 60 Enterprise ANDRITZ SEPARATION,INC O-rings,vibration absorber washers,sealing ring,& 408.17 Fund v-ring 60 Enterprise ARNOLD MACHINERY CO Labor&parts for annual inspection of forklift 141.64 Fund Date:5/21/20 11:55:24 AM Meridian City Council Meeting Agenda May 26,2020— Page 265 of 616 Page:3 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise AUTO SHADES,INC. Window tinting on new collections truck C21906 250.00 Fund 60 Enterprise BACKFLOW SUPPLY Backflow device for reuse meter install project(I qty) 560.71 Fund 60 Enterprise BILLING DOCUMENT SPECIALISTS 20-0004 FY20 Statement&Delinquent Notice 8,721.86 Fund Processing Servic 60 Enterprise BOLENS CONTROL HOUSE Electrial brushes for center ring on secondarys(10 qty) 478.40 Fund 60 Enterprise C. H. SPENCER Gaskets&seal pump gasket kit(3 qty) 139.90 Fund 60 Enterprise C. H. SPENCER Sleeve Shaft(1 qty) 452.00 Fund 60 Enterprise CARRIER CORP Labor&parts to repair boiler 2 in Admin bldg(6.5 hrs) 3,011.06 Fund 60 Enterprise CASCADE FENCE COMPANY,INC. Fence repair at Whitestone lift station 450.00 Fund 60 Enterprise CUSTOM ELECTRIC INC Troubleshoot Issues on VFD @ Well 31 85.00 Fund 60 Enterprise D&B SUPPLY BLue Masking Tape for Social Distancing Markings @ 19.47 Fund Admin 60 Enterprise DUBOIS CHEMICALS INC 20-0002 Ferric Chloride(42,500 lbs) 7,270.92 Fund 60 Enterprise DUBOIS CHEMICALS INC 20-0009 Defoamer Tote(2,200 lbs) 2,640.00 Fund 60 Enterprise ELECTRICAL WHOLESALE SUPPLY CO Changed out Ballast Light @ Water Admin,Qty 1, 15.71 Fund WO#297501 60 Enterprise FERGUSON ENTERPRISES INC. 10 Slip Vlv Box,Vlv Lid,36 Slp Vlv Box,Qty 6 176.09 Fund 60 Enterprise FERGUSON ENTERPRISES INC. 24 inch romac coupler for reuse meter install project(2 2,027.19 Fund qty 60 Enterprise FERGUSON ENTERPRISES INC. Grundfos Pump Dosing Head,Qty 1 1,668.94 Fund 60 Enterprise FERGUSON ENTERPRISES INC. Parts for reuse meter install project(2 qty) 103.34 Fund 60 Enterprise FERGUSON ENTERPRISES INC. PVC Coupling, PVC GJ Swr Pipe,Qty 16 34.15 Fund 60 Enterprise GRANITE EXCAVATION,INC 19-0170 Construction Contract S Meridian Linder Final 66,290.42 Fund Bill 60 Enterprise H.D. FOWLER COMPANY 6 inch elbows for reuse meter install project(2 qty) 122.16 Fund Date:5/21/20 11:55:24 AM Meridian City Council Meeting Agenda May 26,2020— Page 266 of 616 Page:4 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise HACH COMPANY Ammonia test kit(1 pk) 60.75 Fund 60 Enterprise HACH COMPANY BOD nutrient pillows,sample cell cloth (14 qty) 383.40 Fund 60 Enterprise HACH COMPANY Free CL2 Chemkey,Qty 1 217.55 Fund 60 Enterprise HACH COMPANY Manganese Reagent Set, Dissolved Iron,Total Alk,Free 492.62 Fund CL2 Chm 60 Enterprise HACH COMPANY Mono-Chlor,Ammonia,Dissolved Iron,Total Alk 718.85 Fund Chemkey,Qty 8 60 Enterprise HACH COMPANY Swiftest Dispenser,Qty 2 130.72 Fund 60 Enterprise HACH COMPANY Total Chlorine Chemkey,Qty 1 217.55 Fund 60 Enterprise HOME DEPOT CREDIT SERVICES Parts for reuse meter install project(23 qty) 58.89 Fund 60 Enterprise HOMERIVER GROUP REFUND WT/S/T: 3750 N BUCKSTONE BOTH RENTER 94.32 Fund AND PROP MGMT PA 60 Enterprise INTERSTATE ALL BATTERY CENTER Automotive Battery&Install,C13726,WO#297132 101.86 Fund 60 Enterprise INTERSTATE ALL BATTERY CENTER Batteries for sprinkler box controllers(2 qty) 4.80 Fund 60 Enterprise INTERSTATE ALL BATTERY CENTER Batteries for Whitestone lift station (I qty) 12.90 Fund 60 Enterprise JUB ENGINEERS 20-0149 Boise Outfall Pipline Phasing Plan to 3/28 3,892.70 Fund 60 Enterprise KELLER ASSOCIATES,INC. 20-0098 QLPE Review Svcs 3/2020 Bain Bridge#11 2,030.00 Fund 7pgs 60 Enterprise KELLER ASSOCIATES,INC. 20-0098 QLPE Review Svcs 3/2020 Catalina Place I pg 290.00 Fund 60 Enterprise KELLER ASSOCIATES,INC. 20-0098 QLPE Review Svcs 3/2020 Costco Fueling 290.00 Fund Station 1pg 60 Enterprise KELLER ASSOCIATES,INC. 20-0098 QLPE Review Svcs 3/2020 Functional Medicine 580.00 Fund of ID 2p 60 Enterprise KELLER ASSOCIATES,INC. 20-0098 QLPE Review Svcs 3/2020 Gander Creek#1 3,190.00 Fund 11 pgs 60 Enterprise KELLER ASSOCIATES,INC. 20-0098 QLPE Review Svcs 3/2020 Oaks North #4 3pgs 870.00 Fund 60 Enterprise KELLER ASSOCIATES,INC. 20-0098 QLPE Review Svcs 3/2020 Oaks North #5 2 580.00 Fund pgs Date:5/21/20 11:55:24 AM Meridian City Council Meeting Agenda May 26,2020— Page 267 of 616 Page:5 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise KELLER ASSOCIATES,INC. 20-0098 QLPE Review Svcs 3/2020 Paramont urgent 580.00 Fund care 2 pgs 60 Enterprise KELLER ASSOCIATES,INC. 20-0098 QLPE Review Svcs 3/2020 Skye Mesa #3 3 pgs 870.00 Fund 60 Enterprise KELLER ASSOCIATES,INC. 20-0098 QLPE Review Svcs 3/2020 Ten Mile Plaza 1 pg 290.00 Fund 60 Enterprise KENT&SUZAN HADFIELD REFUND WT/S/T: 3750 N BUCKSTONE PRV RENTER 112.54 Fund AND PM PAID FINAL 60 Enterprise METROQUIP, INC. Labor&part ro repair vacuum on vactor hydrocleaner 314.43 Fund C19957 60 Enterprise MINUTEMAN,INC. Keys(24 qty) 68.00 Fund 60 Enterprise MINUTEMAN,INC. Repair of 2 locks at N Black Cat Lift Station 105.00 Fund 60 Enterprise MOTION INDUSTRIES, INC V-belts(6 qty) 123.06 Fund 60 Enterprise MOUNTAIN WATERWORKS,INC 20-0216 WRRF Daft Retrofit Design to 2/21 12,580.00 Fund 60 Enterprise MYFLEETCENTER.COM Oil&Filter Change,C15281,WO#294695 82.38 Fund 60 Enterprise NORCO AED unit&sign(I qty) 2,024.80 Fund 60 Enterprise NORCO Class III Hi Vis Shirt,Sweatshirt,3. Clark,Qty 6 90.79 Fund 60 Enterprise NORCO Cylinder rental for April 2020 61.80 Fund 60 Enterprise NORCO Polarized and smoke lense safety glasses for inspectors 156.50 Fund 60 Enterprise OFFICE VALUE- MERIDIAN Scissors&frames(7 qty) 97.32 Fund 60 Enterprise ROW PROPERTIES REFUND WT/S/T: 387 W WOODBURY DR ROW PROP. 194.83 Fund &OWNER OVERPAID 60 Enterprise SIGNS, ETC Lettering&reflective graphics for new coll truck C21906 401.40 Fund 60 Enterprise SILVER CREEK SUPPLY Parts for sprinkler system(4 qty) 2.09 Fund 60 Enterprise SILVER CREEK SUPPLY Parts for sprinkler system(9 qty) 13.72 Fund 60 Enterprise SPECIALTY CONSTRUCTION SUPPLY Traffic control for N08 cleaning/CCTV/Inspection of 605.10 Fund sewer Date:5/21/20 11:55:24 AM Meridian City Council Meeting Agenda May 26,2020— Page 268 of 616 Page:6 City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise SYNCB/AMAZON 473939896679 Anti-fog towelettes for safety glasses 25.17 Fund 1 bx) 60 Enterprise SYNCB/AMAZON 899596464756 Running boards&floor mats C21906 298.99 Fund 60 Enterprise T-ZERS SHIRT SHOP, INC Clothing for SCalixtro&JPayfer plus caps for stock(8 131.50 Fund qty) 60 Enterprise TELANSWER,INC After Hours Service for 5/l/20-5/31/20 94.75 Fund 60 Enterprise UNITED SITE SERVICES INC No PO WRRF Cap. Expansion Porta Potty Contract to 121.25 Fund 4/26 60 Enterprise USA BLUEBOOK El bow,Cpl ng,N pl,Ad ptr,Cement,Primer,Qty 21 478.54 Fund 60 Enterprise USA BLUEBOOK PVC Pipe, Nipple,Qty 2 32.78 Fund 60 Enterprise USA BLUEBOOK PVC Threaded 90 Elbow,Qty 3 23.64 Fund 60 Enterprise USA BLUEBOOK Threaded Cup,Cping, El. Primer,Qty 5 97.89 Fund 60 Enterprise VICTORY GREENS Top soil for reuse meter install project(5 yrds) 104.70 Fund 60 Enterprise WESTERN STATES EQUIPMENT CO Coolant for equipment(forklift,etc.)2 qty 31.42 Fund Total 60 Enterprise 130,673.48 Fund Report Total 254,925.87 Date:5/21/20 11:55:24 AM Meridian City Council Meeting Agenda May 26,2020— Page 269 of 616 Page:7 ITEM SHEET Council Agenda Item - 8.A. Presenter: Bruce Freckleton Estimated Time for Presentation: 5 Minutes Title of Item - Community Development: BudgetAmendment for the Not-to-Exceed Amount of $835,329 for Third-Party Contracted Building Service Providers The request is to increase the budget amounts for our Third Party Professional Service Providers. This is necessary due to the depletion of the original FY 2020 budgeted amounts with higher then anticipated building activity. Important Note: These operational expenses are offset by building pen-nit fee revenue. Council Notes: WATTACHMENTS: Description Yr Upload Date Memo to Council Cover Memo T5/20/2020 BudgetAmendment BudgetAmendment 15/20/2020 REVIEWERS: Clerk. Johnson, Chris lApproved 5/22/2020 - 9:19 AM Meridian City Council Meeting Agenda May 26,2020— Page 270 of 616 CE IDIAN,- Meridian Building Services >*- Meridian City Hall, Suite 202 Community Development 33 E. Broadway Avenue Department Meridian. Idaho 83642 Budget Amendment for 3rd Party Contracted Building Services DATE: 05/14/2020 TO: Mayor and City Council FROM: Bruce Freckleton, Development Services Manager RE: Budget Amendment for 3rd Party Contracted Building Service Providers. For your consideration is a Budget Amendment Form that I have prepared to increase the budget amounts for several of our third party Professional Service Providers. We have been working with the Finance Department in this effort, and the amounts to get us through the rest of FY'20 were set late last week. One important note is that the Buildinq Permit Fee Revenue offsets these Operatinq Expenses. Vendor/Contractor 10rginalP0Am1t1 Add'l PO I Spent to date Remaining on PO (DBL+201/1.) 1 New PO Amout Safebuilt Building Plan Review $ 500,000.00 $ 371,976.14 $ 128,023.86 $446,371.00 $ 318,348.00 Mechanical Plan Review $ 78,210.00 $ 72,412.85 $ 5,797.15 $ 86,895.00 $ 81,097.85 Geotek Building Inspection $ S3,145.00 $ 200,000.00 $ 117,700.00 $ 13S,44S.00 $141,240.00 $ 5,795.00 Keller Electrical Plan Review $ 470,000.00 1 $ 113,187.401 $ 356,812.60 1 $135,825.00 $ (200,000.00) DMH Plumbing Plan Review and Inspection $ 295,988.00 $ 253,749.21 $ 42,238.79 � $304,499.00 $ 262,260.21 Jackson Fire Plan Review and Inspection $ 305,009.00 $ 314,925.55 $ (9,916.55J $357,911.00 $ 367,827.55 $ 1,702,352.00 $1,243,951.15 $ 835,329 Original budget amounts were set based on projections from the Hybrid Model (City Employees and 3rd Party Vendors). We have also taken into consideration the effects of the COVI D-19 Pandemic on the building industry I am happy to field any questions you may have. Thank You for your consideration and support, Bruce Freckleton Development Services Manager Meridian City Council Meeting Agenda May 26,2020- Page 271 of 616 N 7 N O _ U C {I L) y o O r r Z Z N li C C t d E E � El o O rn c 7 �f1 °7 0ii o o m m dI N [A c CD ego } } ❑❑ 4 J� O OD E � oo - L C c c a, m > � d ' L F--1 E O ;, q N m 0 o m c a E N ro U U v } o to W C U_ 6p1 O O N N `O N C m E z z E Z o `� O N p m a w a 43 $ E I c d ILL a) .. C: _ S �7C� a a In In o 00 pp at L 'S O� o W q EW O O _ s! n N 00 O M p V ..+ \f.\ .a bo 10 Oi Ill fV 1, O ' InC ''j '� v v10 p y 7 C O m N m 00 F O N _ Y m G 0 C9 o ; H H H w w w to in in +n of of of prC! 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Meridian City Council Meeting Agenda May 26,2020- Page 272 of 616 5119/2020 5:03 PM City of Meridian FY2020 Budget Amendment Form Total Amendment Cost-Lifetime Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Community Development Funding 2020 2021 2022 2023 2024 Title: Budget Increase for Contracted Building Services Personnel lnan�uctlonz for submitting Budget Amendments Operating 835,329 > Des;anment will send Amencirnem;with eNteacts wanature to Finance iBudget Analyst)for rewe%r Capital - > Finance will send Amendment to COUMCil Liaison for signature Total $ 835,329 >Council Uais,on will send signed Amendment to MAyOf Total Estimated Project Cost: 835,329 > M*Vw will send signed Amendment to Finance(Budget Analyst] Evaluation Questions >Finanice(Budget Analyst)will send appraved copy of Amendment to Department Please answer al I Evaluation Questions using the financial data referenced above. >Departmient vAll add copy of Amendment to Council Agenda using Novus Agenda Manager —. — I 1. Describe what is beinvequested? The request is to make adjustments for the above 3rd party Professional Service Providers. This is due to depletion of original FY 2020 budgeted amounts for Safebuilt,GeoTek, DMH,and Jackson,due to higher then anticipated building activity,and an overbudgeted amount for Keller. 0 2. Why was this budget request not submitted during the current fiscal year budget cycle? 0 C: =5 ). Original budget amounts were set based on projections from the Hybrid Model(City Employees and 3rd Party Vendors),however these adjustements are being done based on L if FY'19 historical building activity for the remainder of the Fiscal Year. We have also took into consideration the effects that the COVID-19 Pandernic has had on the buildiing (D 2 industry. z:1 cc 3. What is the explanation for not submittin3 this-budget request during the next fiscal year budget cycle? > CC (D Our FY 2020 budgeted amounts have depleted at a faster rate,and will be exhausted before the end of FY 2020. =3 CL a) 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General Enterprise,Grant),please include the percentage split- List the amounts and Sources of anticipated additional revenue that will result from approval of this request- -0') As noted above,these expenses are offset by building permit fee revenue. r') C:) 5.Does this request align with the Department/C.ty's strategic plan? If not,please explain how this request was not included in the Department/City strategiciplan? Yes (D N) ,J 6. Does this request require resources to be provided by other departments? if yes,please describe the necessary resources to be provided by other departments, SL 7-Does this Amendment include any needed E_quipment or Software that will utilize the CWs network?(Ye orNo� S. is the amendment going to result In the dispoial of an asset?(Yes or No) No 9.Anv additional comments? Total Amendment Request $ 835,329 Every effort should be made to avoid reopening the budgetfor an amendment. Departments will need to provide backup and appear before the City Council tojustify budget amendments. in Budget amendments are intendedfor emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause afunding sh.;: C ty of Meridian FY2020 Budget Amendment Form F:SUDGEnFY2020\Amendments-,FY2020 Budget Amendment Form—CD—r-ontracted Services v2 C-/WEP�� ITEM SHEET Council Agenda Item - 8.13. Presenter: Lt. Jeff Brown Estimated Time for Presentation: 5 minutes Title of Item- Police Department:Budget Amendment in the Amount of$47,500 for Patrol Vehicle Replacement Police Department-Replace Patrol Vehicle Council Notes: This replacement request is for a patrol Tahoe that was involved in an accident and I CRMP determined the vehicle is a total loss. ATTACHMENTS: AD is IP I I m tP JJR6eplacement PaStrol Vehicle cover Memo 5/20/2020 REVIEWERS: Department Actiom Clerk. Johnson, Chris �Approved 5/22/2020 - 9:19 AM Meridian City Council Meeting Agenda May 26,2020— Page 274 of 616 5120/2020 8:33 AM City of Meridian FY2020 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/Ut FrojA G/L#Description Total -4 01 2 I_LQ 41200 0_ Wages N= 01 2110 41206 0— PT/Seasonal�A� 01 2110 41210 0 Overtime Please only complete the fields 01 2110 41BO4 0 Uniform Allowance 01 2110 42022 0 FICA 5 Amendment Details 01 21110 J 420Z2 0 — PERSI 1 5 Title: Replace Patrol Vehicle 01 2110 42023 o- Worker's Comp Department Name: Police 1 01 2110 42025 o Employee Insurance Presenting Department Name: Police Operating Expenditures Total Personnel Costs Department#: 2110 Primary Funding Source: I Fund# Dept.# G/L# Proj it G/L#Description One-Time On-Going Tota I CIP#: 01 1 2.110 1 0 Project#: ol 21 0 01 2110 0— Is this for an Emergency? 121 Yes ED No 01 2110 0 — 0— New Level of Service? 0 Yes El Ro 01 2110 0 01 2110 0 — Clef*s Office Stamp if 01 2110 0 (D 01 2110 0 01 2110 0 > 01 2110 0 01 2110 0 2110 0 :7 0111-1 2110 0 Total Operating Expenditures $ 9) Capital Outlay 0 Fund# Dept.# G/t# ProjM G/Ut Description Total Acknowledgement Date N) 0 01 Z210 !�4100 0 Capital Vehicles 47,500 01 2110 0 —2?,� /,- 01 2110 0 Wartrqef�ire tor (11 2110 0 N) 5/20/20 61 2110 0 cri —- '::J-. - 5/20/20 21 01 2110 0 Chief IF �1�cr.rr-0 1� Total Capital Outlay $ 47,500 Revenuefflonations Fund# Dept.# Proi 0 G/L#Description Total Coun 02 2110 1 0 02 2110 0 �4' 5/20/20 1 2110 0 - Mayor Total Revenue/Donations $ Total Amendment Request $ 47,500 City of Meridian FY2020 Budget Amendment Form C:\Users\jlavey\Desktop\Copy of Tahoe Budget Amendment Form 512012020 8:33 AM City of Meridian FY2020 Budget Amendment Form Total Amendment Cost-Lifetime Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Police Funding 2020 2021 2022 2023 2024 Title: Replace Patrol Vehicle Personnel 5 f"I Sub-ittivg Operating > Department All send A-emdmect-ith Direct.,,signature to Finance(BudgetAnalyst)fo,rev— Capital $ 47,500 > Finance ,i I I send Arn-dur-tt.C—ci I Liaison for sign.t— Total $ 47,500 $ > Council Liaison wl I I send signed Arriendment to Mayor Total Estimated Project Cost: $ 47,500 > Mayor-11 send signed Amendment to Finance(Budget Analyst) Evaluation Questions > Finance(St-idg.t Analyst)011 send appr...it-13y.f Amendment to O.pat-e,t Please a nswer all Evaluation Questions using the financial data referenced above. > Department velm add CopyafAmend—t to council Agenda using NOVUS Agenda manager 1. Describe what R belng requested? C-D This request is to fund the purchase of a 2020 Chevrolet Tahoe Police Pursuit Vehicle. 0 0 2. Why was thIs budgg�kt request not submitted during th E� 1 4 qKq CyC I e? Q. This budget amendment is being requested because a Patrol Tahoe was involved in an accident and ICRIVIP determined the vehicle is a total loss. We need to replace the totaled patrol vehicle. ;��f (D P -Udg ? ion fornot-sul brpittin this budget rea up-st during the n YeAr h Pit qvcl�f- There is a new Tahoe PPV available now and the equipment from the one that was totaled will transfer. In addition to losing this Tahoe,a Caprice suffered an internal engine failure and went to CD auction early.None of the FY20 approved additions are in the fleet yet due to production delays.It is important to get a replacement patrol car as soon as possible. =3 4.Describe the proposed method of funding? If funding is split between Funds(i.e, General Enterprise,Grant),please include the percentage split. List the amounts and General Fund$29,400 is being paid by ICRIVIP,general fund monies($18,100)needed to cover the difference. 0 N) 0 S. Doo-5 this reclu-est aligri Mth the Do pa rtilints"II/CityrU wallp"Wn? if Flot,please explai�n how this raquegit viar rwit ind Uded in the Departmerit/aty stratlalqk pEart"? Yes CD N) 6. Dpla.�.-thi5 request Teclullire resources to be provided by othL-r dcRar q t�,? if .5, Ye Please dem ri be the nem—sary rerQtL�t -�uovlded byp other dey a runents- No d 0) 7. Doics thm!.AFnprpdrnent-inctud?-.any.needed Eauipment jar Softywa ire that-wALLLtili z p--t h e-City-'sagl�durk?tYes or Nol N.o g. If.th--arnendment going to r�swJ-tip thLe-dispjosaLof-an asset?(Yes or No] Yes 9-,Any a-diditional-cpV)Tent" This is an uninstipated expenese occurring in the current budget year therefore it was not a part ofthe FY20 budget.Vehicle was slotted for replacement in FY22. Total Amendment Request $ 47,500 Every effort should be made to ovoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are intendedfor emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. 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T Ilrllllll„1 p Residential t tSeeY qti •: i 11lIIIIIIIII� r.. -. `•'Y E-HAZEL LAM HAZEL LAIC€HAZEL' { 1 1 Preliminary Plat PRELIMINARY PLAT Ix�ry P� oEENo ��"o���.a McKAY FARM SUBDIVISION a� �rc '�co n vrcc w _ rv� 33'BACK TO 9ACK .+V��VIEFIIXt VN - XEFN15E 5xa as[uwr u� 151 I u� ' Y�LL�r� 5 1 wwnis V N� J�a LOCATION MAP / NOTES F JJ A r PxoPogo� I x s qJ v yj o o z Y w � u— a- 00 0N � o CITY OF MERIDIAN OPEN SPACE REQUIREMENTS T QLIALIFIE❑-OPEN SPACE LANDSCAPE LEGEND__[ w.4i�ara+9rce _® L E.RFN'NICKST. ® AR-A.raakvavp. 1,1150.IT, I I Q I f l w -- llEl srOpen I I Q � I w - \ E.MERCHISON ST I I I m Space fl 1 I 1 I N 11 � xhl" bl'o t ' 1 naEn(anaarinv 1 I I 1 miHu �Tsl. -- I 1 1 L—_ '0IT E-MAROIA ST _ � I I I Y Ir 1 I p l p 1 0 i 0 i 0 I O i 0 10 I II UIN L L1-- _L___1��J_ Scale:1'=10�'-0" s U3li6l2020 MCKAY FARM SUBDIVISION 9oB, 5875 S.EAGLE ROAD _ _ OPEN SPACE EXHIBIT1,0 �- Submitted _ Conceptual Elevations Vehicular Access MESA W N to and from „ Subdivision mmmi6— E NICDR •' SKY MESA -— OOMMONS Na az LAWTON DR MCSA • M N 04 r'f OWN- - - , , l MEWICK CT HI ai { W , SKY C ON 5 00 E MURCHISON Si ---------------- , , - - - IAN - Color Site Elan with Landsca in SNV MESA 8116�IV!$ILHJ ,-----....... f / W S.MCRAYAvf z jib o K 5:nn)A AvE ?* sr. •-_.L � +3 i - i .. i t. � fP i ! � i _�c i l� i ]7 � i3 �e � .—..---`__� 1tAOlr XOAh I CEH711HY.WFM RJ6[NV1910H MCKAY FARM SUBIJIVOION r 5B75 5 EAGLE RD MERIDIAN, IDAH❑ 83642 euaa r..aa - •�'-. ■ Changes to Agenda: [if applicable] Item#8C: McKay Farm Subdivision (H-2020-0030) (Slide 2, MAPS) Application(s): )�- Annexation and Zoning; and Preliminary Plat Size of property, existing zoning, and location: This site consists of 10.5 acres of land, currently zoned RUT, located at 5875 S. Eagle Rd.—between Amity and Lake Hazel, near the intersection of Taconic Drive and Eagle Road. History: N/A Comprehensive Plan FLUM Designation: Medium Density Residential Summary of Request: (Slide 3) Request for Annexation &Zoning of 10.5 acres of land with an R-8 zoning district and preliminary plat consisting of 42 building lots and 9 common lots and is proposed as one single phase. Currently onsite is an existing home and related farm buildings.All structures will be demolished and both existing driveway accesses to Eagle Rd. are to be closed upon development. Due to the size of the property, 10.5 acres,this development is required to provide 10% minimum open space and at least one amenity. (Slide 4) The Applicant has proposed 1.15 acres of qualified open space which is approximately 10.9%, exceeding the minimum requirements.The open space is a combination of landscaped parkways throughout the entire development and a large open space lot near the center of the project that essentially serves as a pocket park(the open space lot is over 16,000 square feet).Within this open space lot,the Applicant has proposed a picnic area with shade structures, meeting the one amenity requirement. (Slide 5) The Applicant has submitted conceptual elevations of the proposed single-family homes for this subdivision.The conceptual elevations show combinations of stone and lap-siding architectural elements. In addition, all of the conceptual elevations show single-story structures but staff is unaware of any desire by the Applicant to only build single-story structures.Therefore, staff has not included any such condition in the required Development Agreement. However, Staff notes that all homes abutting Eagle Rd.will be required to show proof of adequate modulation and articulation across building planes prior to receiving building permit approval. (Slide 6) The project is proposed with one public access through the development due to AND and City policies regarding access points to arterial roadways.As noted,the subject site abuts S. Eagle Rd., a major arterial roadway, and resides too close to an existing intersection at Taconic and Eagle Rd. The City's comprehensive plan encourages development that will utilize existing local and collector street infrastructure in lieu of additional access points to arterial roadways. Residents in this subdivision would enter and leave the property via extension of E. Mardia St. into this development; this street resides in Sky Mesa Commons, an existing subdivision directly to the west of this development. There would be more than one local street through Sky Mesa Commons by which residents in this development could access S. Montague Way. Montague Way is the closest and most logical local street connection for residents to access E. Taconic Dr., a residential collector roadway that intersects Eagle Rd. (Slide 7) in order to develop more than 30 homes on one public access,the Applicant has proposed an emergency only access from the subject site to S. Eagle Rd. The emergency access will also serve as a common driveway for three buildable lots. The Meridian Fire Department and AND have reviewed and approved of the location and dimensions of this emergency only access onto Eagle Rd. As with all proposed development in this area, school capacity is a point of discussion. West Ada School District provided staff with a report noting their continued concern over school enrollment and capacity.The three closest schools to this site are Hillsdale Elementary, Victory Middle, and Mountain View. Hillsdale Elem. is currently capped and is no longer accepting additional students so elementary aged students in this development would be bused to Siena Elementary. Both Siena Elementary and Victory Middle School are over capacity at this time; Mountain View is currently not at capacity. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Sam Johnson ii. In opposition: Travis Hunter—Representing Sky Mesa subdivisions iii. Commenting: Travis Hunter iv. Written testimony: Boise Hunter Homes(Travis Hunter)—Concerns over vehicular access and proportional cost sharing of installing signal at Taconic Drive and Eagle Road intersection. v. Key Issue(s): a. Access for this subdivision going solely through Sky Mesa Commons Subdivision to the west. b. Potential of McKay Farm residents using amenities within Sky Mesa Commons. C. Disagreement with ACHD staff report and required proportional cost sharing of installing traffic signal at Taconic Drive and Eagle Road intersection. Key Issue(s)of Discussion by Commission: i. History of parcel and available vehicular access points. ii. Potential for applicant and Boise Hunter Homes to discuss sharing costs associated with installation of future signal at Taconic Drive and Eagle Road intersection and the use of Sky Mesa Commons amenities. iii. Number of lots being served by common drives. iv. Number of amenities being offered by this development. v. Height of homes on lots running perpendicular to those in Sky Mesa Commons(Subdivision to the west). Commission Change(s)to Staff Recommendation: i. Add a DA provision limiting lots 32,40, and 50, Block 1 to single story homes. ii. Add a DA provision requiring a tot-lot be added to open space lot(Lot 1, Block 2)as an additional qualifying amenity. iii. Add a DA provision and condition of approval restricting the number of lots served by common drives to no more than two(2) lots. (NOTE: The Aix1icant is not in agreement with some of the Commission changes to the DA and conditions of ajoproval. Therefore, the Applicant did not submit revisedolans to Staff t)rior to this hearing) Outstanding Issue(s)for City Council: i. None. Written Testimony since Commission Hearing: None Notes: Per Commission recommendation, Staff and the Applicant met with ACHD to discuss the circumstances around the Taconic and Eagle intersection.ACHD stands by their staff report and is not going to revise the proportional share cost for this application. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2020-0030, as presented in the staff report for the hearing date of May 26, 2020: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2020-0030, as presented during the hearing on May 26, 2020,for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2020-0030 to the hearing date of[date]for the following reason(s): (You should state specific reason(s)for continuance.) ITEM SHEET Council Agenda Item - 8.C. Presenter: Estimated Time for Presentation: 0 Title of Item - Public Hearing for McKay Farm Subdivision (H-2020-0030) by Fairbourne Development, LLC, Located Near the Half Mile Mark on the West Side of S. Eagle Rd. Between E.Amity Rd. and E. Lake Hazel Rd. Click Here for Application Materials C lick Here to Sign Up to Testify Council Notes: T L ATTACHMENTS: Descriptj I C Commission Recommendations and Staff Report Staff Report 5/19/2020 ol P P lanning and Zoning Minutes Minutes 5/19/2020 REVIEWERS: Department W Reviewer Action Clerk. Weatherly, Adrienne Approved 5/19/2020 - 1:10 P M Meridian City Council Meeting Agenda May 26,2020— Page 277 of 616 STAFF REPORT El� C:�*%_Wl COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/26/2020 Legend DATE: TO: Mayor&City Council 10 Project Location FROM: Joe Dodson,Associate Planner 208-884-5533 Bruce Freckleton,Development �a Services Manager (ERFMI 208-887-2211 SUBJECT: Hm202Om003O McKay Farm Subdivision LOCATION: The site is located at 5875 S. Eagle Road, on the west side of S. Eagle Road 14 between E. Amity Road and E. Lake Hazel Road,in the NE 1/4of the SE 1/4of Section 32, Township 3N.,Range 1E. 1. PROJECT DESCRIPTION Request for Annexation& Zoning of 10.5 acres of land with an Rm8 zoning district and preliminary plat consisting of 42 building lots and 9 common lots, by Fairbourne Development, LLC. 11. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 10.5 acres Future Land Use Designation Medium Density Residential Existing Land Use(s) Residential and Agricultural. Proposed Land Use(s) Residential Lots(#and type;bldg./common) 51 total lots—42 single-family residential;and 9 common lots. Phasing Plan(#of phases) Proposed as one(1)phase. Number of Residential Units(type 42 single-family units. of units) Density(gross&net) Gross— 3.99 du/ac.;Net—4.4 du/ac. Open Space(acres,total 50,001 square feet,or 1.15 acres of qualified open space [%]/buffer/qualified) (approximately 10.9%) Amenities I amenity—Picnic area with shade structure. Physical Features(waterways, N/A hazards,flood plain,hillside) Page I — Meridian City Council Meeting Agenda May 26,2020— Page 278 of 616 Description Details Page Neighborhood meeting date;#of Sep. 10,2019—2 attendees;January 7,2020—2 attendees. attendees: History(previous approvals) N/A B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes Section V111.1 • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Access is proposed via extension of an existing local street Hwy/Local)(Existing and Proposed) (E.Mardia St.)from the west.An emergency-only access is also proposed via a common lot that will connect the proposed E.Renwick St.with S.Eagle Rd. Traffic Level of Service M� 0 Stub Street/Interconnectivity/Cross Applicant is not proposing any additional stub streets;all Access parcels surrounding the subject site are developed or entitled and there is no need for additional stub streets at this time. See analysis section below for more information. Existing Road Network Eagle Road,an arterial,is currently improved with two travel lanes,no curb,gutter or sidewalk abutting the site. Existing Arterial Sidewalks None Buffers Proposed Road Improvements Applicant is not required to improve Eagle Rd.(arterial roadway)but will dedication additional right-of-way. Distance to nearest City Park(+ Discovery Park(76.88 acres at full build-out; size) approximately 30 acres are improved currently)—1 mile; Hillsdale Park(9.5 acres)— 1.5 miles. Fire Service • Distance to Fire Station 2.5 miles from Fire Station#4 • Fire Response Time Meridian Fire can meet the 5 minute response time goal. • Resource Reliability Fire Station#4 reliability is 78%(Station 4 does not meet department goal of 80%reliability). • Risk Identification Risk Factor 1—Residential M • Accessibility Proposed project meets all required access,road widths, and turnarounds. Police Service See Agency Comments(Section VIII.D). West Ada School District • Distance(elem,ins,hs) Siena Elementary— 1.8 miles;Victory Middle School—4.7 miles;Mountain View High School—3.9 miles. • Capacity of Schools Siena Elementary—800 students Victory Middle School— 1000 students Mountain View High School—2400 students • #of Students Enrolled Siena Elementary—970 students(170 over capacity) Victory Middle— 1085 students(85 over capacity) Mountain View—2237 students(143 under capacity) Wastewater • Distance to Sewer Services N/A • Sewer Shed South Black Cat TrLmkshed Page 2 — Meridian City Council Meeting Agenda May 26,2020— Page 279 of 616 Description Details Page • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13.91 • Project Consistent with WW YES Master Plan/Facility Plan Water • Distance to Water Services 01 • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Water YES Master Plan • Impacts/Concems Water must be extended and connected to S.Eagle.Rd. C. Project Area Maps Future Land Use Map Aerial Map Legend MU-N 0 0 Project Locotior cation L i enfial FP9 �J, 4i tI ensi Residentlull Eno h h entit- Resi enfial Zoning Map Planned Development Map Page 3 Meridian City Council Meeting Agenda May 26,2020- Page 280 of 616 Legend U T C' 0 Legend 0 Project Location a Project Locatior City Limits K�2 Planned Pa cels rA FR F4H FFR FnTrrFm RU R—5 RUT R-2 R-4 111. APPLICANT INFORMATION A. Applicant: Sam Johnson,Fairbourne Development LLC—2401 E. Pine Ave., Meridian, ID 83642 B. Owner: HBU Investments LLC—2401 E. Pine Ave.,Meridian,ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 4/2/2020 5/8/2020 Radius notification mailed to properties within 300 feet 3/27/2020 5/5/2020 Site Posting 4/8/2020 5/14/2020 Nextdoor posting 3/31/2020 5/5/2020 V. STAFF ANALYSIS A. Future Land Use Map Designation(hgps:llwww.meridiancity.orglcompplan) Medium Density Residential—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The proposed annexation area is surrounded by existing City ofMeridian zoning. The proposed land use of detached single-family residential are consistent with the dwelling types noted in the Page 4 Meridian City Council Meeting Agenda May 26,2020- Page 281 of 616 Future Land Use Map (FLUM)designation definitions. Certain densities are required to be met on this property and the proposedproject meets the densities listed above. In addition, the proposed zoning and density are consistent with that of the surrounding development. Therefore, Staffflnds the density proposed with the preliminaryplat andproposed zoning district are consistent with the Future Land Use Map designations of Medium and Medium-High Density Residential. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-65 1 IA.In order to ensure the site develops as proposed with this application, Staff recommends a DA as a provision of annexation with the provisions included in Section VIII.A 1. The DA is required to be signed by the property owner(s)ldeveloper and returned to the City within 6 months of the Council granting the annexationfor approval by City Council and subsequent recordation. B. Comprehensive Plan Policies(https:llw-ww.meridianciU.orglcompplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City" (2.0 1.01 G). The proposed R-8 zoning andproposed land use ofsingle-family residential are an extension of what exists near the subject site today. R-8 zoning and detached single-family homes are abundant in this immediate area but within ha�f a mile of the site, there are a multitude of land-uses that include existing lower density residential, civic (school andpark sites), neighborhood commercial, andfuture mixed-use FL UM designations. Due to the nearby mix of existing andfuture uses and the size of this site, Stafffinds the proposedproject to meet the intent of this comprehensive plan policy. "With new subdivision plats, require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities" (2.02.01A). This new subdivision does not offer additional multi-use pathways but instead offers a detached sidewalk along theirfrontage ofEagle Rd that will improve safe pedestrian and bicycle connectivity along the arterial roadway to Taconic Drive. This will then offer easier access to the Hillsdale Park and YMCA area where residents have multiple recreational and commercial options to spend their time within a mile of this development. In addition, the Applicant has proposed a large open grassy area in the center of this project (approximately 16,000 squarefeet) that would essentially serve as this development's own pocket park. With parkways throughout the development, access to this grassy area is abundant and offers the area as an amenity to the development even though it does not meet UDC standards to count as their required amenity. Please note: Hillsdale Elementary is located next to Hillsdale Park and the YMCA, but is currently capped in their enrollment. Staff has not included this in the analysis as being a safe route to schoolfor this development; elementary age children will likely be bussed to another school, at least in the interim. "Establish and maintain levels of service for public facilities and services, including water, sewer,police, transportation, schools, fire, and parks" (3.02.01G).Allpublic utilities are availablefor this project site due to the existing subdivisions to the west and north, and across Eagle Road to the East,per Public Works comments. This project lays Page 5 Meridian City Council Meeting Agenda May 26,2020— Page 282 of 616 precisely at the edge ofMeridian Fire Department's 5 minute response time goal. However, afuturefire station is proposed within a mile of this development and would thereforefurther lower the response time—the station is currently unfunded. ACHD has both nearby arterial intersections on Eagle Road(Amity and Lake Hazel)plannedfor widening and improvement within the next 3 years therefore lining up well with the timeline of developmentfor McKay Farm Subdivision. WestAda School District has offered their comments about this proposed subdivision and shared their continued concern with school overcrowding. According to their submitted letter, they approximate 34 additional school age children would reside in this development after completion. West Ada gave Staff enrollment numbersfor the existing nearby schools but notes that the closest elementary school, Hillsdale Elementary School, is currently at capacity and is not currently accepting any additional students. So, school age children in this development would go to Siena Elementary, Victory Middle, and Mountain View High; Siena and Victory are currently over capacity. Staff believesfuture school sites will help relieve some of the overcrowding experienced in the district but defers to Commission and Counci1judgement regarding these issues. Overall, Stafffinds this development to be in compliance with this comprehensive plan policy, but is concerned about the current enrollment situation at nearby public schools. "Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity" (6.01.02B). This project's only public access is proposed via extending an existing local street into the developmentfrom the subdivision to the west, Sky Mesa Commons. There are two existing drivewaysfrom this site onto S. Eagle Rd, an arterial roadway, and both are proposed to be closed with this new development. Staff andA CHD worked with theApplicant to remove their secondary access proposed onto S. Eagle Rd. and instead that access has become an emergency- only access,per Meridian Fire Department standards. Therefore, this proposed development does not add any additional public access points to the arterial roadway and will help direct traffic through local street connectivity in the neighboring subdivision and out to E. Taconic Dr, a collector roadway that connects to Eagle Rd. "Require all new development to create a site design compatible with surrounding uses through buffering, screening, transitional densities, and other best site design practices" (3.07.01A). The site design of this projectproposes density that matches the surrounding subdivisions and the underlying FL UM designation. The subdivisions to the south and west have larger lot sizes but are also zoned R-8; to help transition theirplat design, the Applicant has proposed building lots that are no smaller than 5,900 squarefeet, which exceed the minimum lot size of the R-8 zoning district and better mesh with the surrounding subdivisions (Sky Mesa Commons & Sky Mesa Highlands). In addition, throughout the development,parkways will offer additional landscapingfor the entire subject site, adding to its overall appeal and increasing its open space. "Preserve,protect, and provide open space for recreation, conservation, and aesthetics" (4.05.0 IF).All new subdivisions require a minimum of 10%open space and one site amenity per twenty (20) acres of development area. This project meets these standards with parkways, a large open grassy area, and a picnic area with shade structures. As Page 6 Meridian City Council Meeting Agenda May 26,2020— Page 283 of 616 seen in Exhibit HID, the proposed open grassy area in this development wouldfunction as the development's own pocket park due to its size and central location. Because the open space is not spread throughout the development, Stafffinds it will be heavily used for recreation. In addition, the Applicant has proposed parkways throughout the project, addingfurther landscaping to the aesthetic of the development. Stafffinds this development to be generally consistent and in alignment with Comprehensive Plan policies and objectives. C. Existing Structures/Site Improvements: There are a number of existing structures on this property associated with the existing residence. These buildings will be demolished with development of this project and the existing driveways to Eagle Road will be closed off with future vertical curb and gutter improvements,pursuant to ACHD requirements. D. Proposed Use Analysis: The proposed use is single-family residential; single-family detached dwellings are listed as principally permitted uses in the R-8 zoning district per UDC Table I I-2A-2. This development is proposed as one (1)phase and all existing access points to Eagle Road will be closed. Staff is recommending a condition of approval that the emergency access be constructed prior to the Applicant receiving any certificates of occupancy to ensure compliance with the restriction of having no more than 30 homes off of one access. (see Section VIILA I). According to the submitted preliminary plat, all lots appear to meet the required zoning and use requirements. E. Dimensional Standards(UDC LI-2): All proposed lots and public streets appear to meet all UDC dimensional standards per the submitted preliminary plat. This includes property sizes, required street frontages, and road widths. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC I I-6C-3). There are four(4) common driveways proposed; such driveways should be constructed in accord with the standards listed in UDC I I-6C-3D. An exhibit should 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 should be depicted on the opposite side of the shared property line from the common driveway. F. Access(UDC 11-3A-3, 11-3H-4): Access is proposed via extending an existing local street(E. Mardia St.) into this development. Adjacent subdivisions to this development are already entitled and did not provide additional stub streets to this site, making E. Mardia the only public access into the subject site. Because of this, the Applicant has designed the local streets to loop back around onto itself in order to provide safe travel through and out of the development. The Page 7 Meridian City Council Meeting Agenda May 26,2020— Page 284 of 616 Applicant is also proposing an emergency-only access from the development to S. Eagle. Rd so that more than thirty(30) homes can be built,per Fire Code. The Applicant has proposed 42 homes off of this singular access and was required to remove their proposed secondary access to Eagle Road due to City andA CHD policies regarding access points to arterial roadways. A ccording to the above referenced code section, this is twelve more homes than is allowed by code off of a single access. However, staff does notfind that this code section properly depicts all circumstances and furthermore does not distinguish between streets that loop back onto themselves and cul- de-sacs. All exhibits show a standard cul-de-sac where afire engine would have to make a wide and treacherous u-turn in order to turn around and head back down the road it camefrom. The streets in question with this project do not adhere to that logic because they make a square and loop back around to itse�f creating a pseudo-grid within the street layout. The street layoutproposed is more uniform andprovides easierfire and emergency access than a cul-de-sac or other dead end street turnaround. This discrepancy has created the needfor staff to propose a UDC update and make this section of code more precise while also allowingfor adequate subdivision design when arterial roadways are indeed treated as physical barriers like that ofsteep slopes or railroad tracks. G. Parking(UDC H-K): 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. No parking plan was submitted with the application. H. Pathways (UDC LI-3A-8): No pathways are proposed or required with this development. However, detached sidewalks are being proposed along S. Eagle Rd. to help improve pedestrian and cyclist connectivity along the arterial roadway. I. Sidewalks(UDC LI-JA-I 7): Detached sidewalks are proposed along all internal local streets as part of parkways, in accord with the standards listed in UDC I I-3A-17. J. Parkways (UDCLI-3A-17): Eight-foot wide parkways are proposed adjacent to all local streets and are required to be constructed in accord with the standards listed in UDC I I-3A-17. K. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to S. Eagle Rd., an arterial roadway, landscaped per the standards listed in UDC 11-3B-7C. A 35-foot wide common lot is depicted on the plat and the correct number of trees appear to be shown on the submitted landscape plans (see Section VILE). Parkways are required to be landscaped in accord with the standards listed in UDC I I- 3B-7C. The total linealfeet ofparkways and required number of trees is included in the Page 8 Meridian City Council Meeting Agenda May 26,2020— Page 285 of 616 Landscape Calculations table on the landscape plan to demonstrating compliance with UDC standards. Common open space is required to be landscaped in accord with the standards listed in UDC 11-3G-3E. The total squarefootage of common open space are included in the Landscape CalculationslRequirements table along with the required number of trees to demonstrate compliance with UDC standards. L. Qualified Open Space (UDC TI-3G): A minimum of 10%qualified open space meeting the standards listed in UDC 11-3 G-3B is required. Based on the proposed plat of 10.5 acres, a minimum of 1.05 acres of qualified common open space should be provided. The applicant is proposing 1.15 acres of open space (or 10.9%) consisting of a large common lot with open space, a smaller common lot that holds the irrigation pump station, parkways along all proposed local streets, and half of the arterial street buffer to S. Eagle Rd. All of this open space is qualified open space and exceeds UDC minimum standards (see Exhibit VII.D). M. Qualified Site Amenities (UDC LI-3G): Based on the area of the proposed plat (10.5 acres), a minimum of one (1) qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. The applicant has proposed one (1) qualified amenity, a picnic area with shade structures located in the large open grassy area for easy access by all residents in the development. The open grassy area proposed with this development is not large enough by UDC standards to count as qualified open space and a site amenity but Stafffinds that it will still be used as if it were an amenity due to its location and its relative size to the size of the proposed project. N. Fencing(UDC 11-3A- H-3A-7): All fencing is required to comply with the standards listed in UDC I I-3A-7. Fencing is proposed as shown on the landscape plan; fencing shown next to proposed open space lots need to be corrected per the conditions of approval in this staff report (see Section VIII.A3). 0. Building Elevations(UDC 11-3A-19 I Architectural Standards Manyao: The Applicant has submitted sample elevations of the single-family homes for this project(see Section VII.F). The single-family homes are depicted as single-story structures with two-car garages and a variety of finish materials with stone and lap-siding combinations. The submitted sample elevations appear to meet design requirements for single-family homes. Page 9 — Meridian City Council Meeting Agenda May 26,2020— Page 286 of 616 VI. DECISION A. Staff- Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested preliminary plat with the conditions noted in Section VIILA per the findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on April 23,2020.At the public hearing,the Commission moved to recommend gpproval of the subject Annexation and Preliminga Plat requests. 1. SqMmaa of Commission public hearing: a. In favor: Sam Johnson,Applic b. In opposition: Travis Hunter—representing Sky Mesa subdivisions. c. Commenting: Travis Hunter d. Written testimony: Boise Hunter Homes(Travis Hunter)—Concerns over vehicular access and proportional cost sharing of installing signal at Taconic Drive and Eagle Road intersection. Staff presenting gpplication: Joseph Dodson f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony a. Access for this subdivision going solely through SIQ�Mesa Commons Subdivision to the west. b. Potential of McKay Farm residents using amenities within Sky Mesa Commons. c. Disagreement with ACHD staff report and required proportional cost sharing of installing traffic signal at Taconic Drive and Eagle Road intersection. 3. Key issue(s)of discussion by Commission. a. Histojy of parcel and available vehicular access points for subdivision. b. Potential for the gpplicant and the Boise Hunter Homes to discuss sharing costs associated with the installation of the future signal at Taconic Drive and Eagle Roa intersection and the use of the Sky Mesa Commons amenities. c. Number of lots being served by common drives. d. Number of amenities being offered by this development. e. Height of homes on lots running perpendicular to those in Sky Mesa Commons(subdivision to the west). 4. Commission change(s)to Staff recommendation: a. Add a DA provision limiting lots 32,40, and 50,Block I to single story homes. b. Add a DA provision requiring tot-lot be added to open space lot(Lot 1,Block 2)as additional qualifying amenity. C. Add a new DA provision and condition of a0roval restricting number of lots served b common drives to no more than two(2)lots. (NOTE:Applicant is not in ggreement with this condition and has not provided staff with a revised plao. 5. Outstanding issue(s) for Ci1y Council: a. None. C. Council Hearing To be heard at future date. Page 10 Meridian City Council Meeting Agenda May 26,2020- Page 287 of 616 VII. EXHIBITS A. Annexation Legal Description and Exhibit Map EXHIBIT A BOUNDARY DESCRIPTION FOR MCKAY SUBDIVISION A parcel located in the NE 1/4 of the SE 1/4 of Section 32,Township 3 North,Range 1 East,Boise Meridian,Ada County,Idaho,more particularly described as follows: Commencing at an aluminum cap monument marking the southeasterly corner of said Section 32,from which an aluminum cap monument marking the northeasterly corner of said NE 1/4 of the SE 1/4 bears N 0'13'40"E a distance of 2676.20 feet; Thence N 0*13'40"E along the easterly boundary of said Section 32 a distance of 1338.12 feet to an aluminum cap monument marking the southeasterly corner of said NE 1/4 of the SE 1/4 and being the POINT OF BEGINNING; Thence continuing N 0*13'40"E a distance of 866.01 feet to a point; Thence leaving said easterly boundary N 89'48'41" W a distance of 528.16 feet to a 5/8 inch diameter iron pin; Thence 5 0'14'04"W a distance of 866,01 feet to a 5/8 inch diameter iron pin on the southerly boundary of said NE 1/4 of the SE 1/4; Thence S 89'48'41' E along said southerly boundary a distance of 528.25 feet to the POINT OF BEGINNING,- This parcel contains 10.501 acres. L r,E Prepared by: Kyle A.Koomler,PILS M Se Civil Survey Consultants,Incorporated March 3, 2020 99 187 0 o, 4. Page I I Meridian City Council Meeting Agenda May 26,2020— Page 288 of 616 EXHIRI F B SKETCH FO ACCOltlIPAN)l HOUNDARK DESCRIPRON FOR HSU INVESTMENTS LLC LOCATED IN THE NE 714 OF 7HE SE 714 OF SE-CTION J2, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, ADA COUN7-K, IDAHO 114 8�/ICKPOCK SUBDIVISION NO, I 472.07'— N_89'48'41 W 526 16' --- 25.00'� SCALE` 7`-120' z' 1z I?[-COTD OF SU1?VFY N IVCs 6590, 6601 L'i Q 14. Z pL L ND C-3 18780 a F K Q -?5 00 SE VIC POINr OF &F-GIANING 801.57' 50J.25' @) S 894,6'41 IJ29.,5-" S V16 CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD MERIDIAN IDAHO 83642 (208j888-4312 32 Ji 5 4 Page 12 Meridian City Council Meeting Agenda May 26,2020- Page 289 of 616 B. Conceptual Site Plan(date: 1/31/2020) Noisimcons vs�w"s T F— -—-—--— Is'ADIM 3H 3 G�, I�N_si D91W 3 77, "Ji V) CS) Ln T Q0 CO 02 => CO �Vdlivl IIIAMD :� LU < A CE < LL LU Z >- < 4 <Cf) E5 ., LO cc I— LLJ 00 Lr) # 41.$ Page 13 Meridian City Council Meeting Agenda May 26,2020— Page 290 of 616 C. Preliminary Plat(date: 1/31/2020) 1��VH H—N E Dqist� saflx s: (IKv sHaDHON51 DtaMENOD NOISIARiens mm-� kvwiN Z 1V-1dQJVNlVYl-1A?�d M RR3 1749 � �r a ------------ r Fir i�- 0 1 ----------- 1 01 L + s A� I -- ----- ---- I %P ---------- -- F 1 j/ 1 i: I I �,4t '71 1 R :1 tj I i -I : I& -i- ---j----- ,L I j I I i - ----------- [if U) -------- - ---------- z 7- t,ci I I C'A s- I klbl- 2 K LLJ gg L6 .09 h- Page 14 Meridian City Council Meeting Agenda May 26,2020— Page 291 of 616 D. Open Space Exhibit(date: 3/16/2020) CITY OF MERIDIAN -1-7177-M OPEN SPACE REQUIREMENTS IQUALIFIED OPEN SPACE w�wimm TorAa-ma-=A, �i=� 5r, 5BX15 SF 4SM25(1.05 AeJ SOAN a.15 Aa 11(GVAL-1F1rPCWM W (low Ar) m 10.." LANDSCAPE LEGEND WALWIM,QPVN WACZ F RENWICK ST. AREA�PARKVVAY) 4.649 SQ FT LLJ AREA 16,192 SO F7 (D < 10 -7 1 1 w I LU Q F 0 0 0 F VFRCHISON ST U) k-2 I o 7 <4 I P I L L m 0 (D G 0 e AR MJNJ-�3 q.,—."") 10,907SO F7. E.MARDIA ST r——————— N Scale:1'=100'-D" 03116/2020 MCKAY FARM SUBDIVISION 19081 5875 S. EAGLE ROAD OPEN SPACE EXHIBIT X1.0 Page 15 Meridian City Council Meeting Agenda May 26,2020— Page 292 of 616 EL Landscape Plan(date: 1/23/2020) IN Id �IJVOSCNVI 71 C3 NOISIAluErs mv� Av>io LL LLI co ------- Page |6 -------� Meridian City Council Meeting Agenda May zo.zozn- Page znavro10 F. Conceptual Building Elevations Now )XV Ap Page 17 Meridian City Council Meeting Agenda May 26,2020— Page 294 of 616 3 Page 18 Meridian City Council Meeting Agenda May 26,2020— Page 295 of 616 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DiviSION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat,landscape plan and conceptual building elevations for the single-family dwellings included in Section V11 and the provisions contained herein. b. For lots 10, 13-23, and 25, any building fagade that faces S. Eagle Rd. shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs, and 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 exemptfrom this requirement. c. The required emergency access via a common lot that connects to S. Eagle Rd. from the site shall be constructed prior to receiving any certificates of occupancy for building permits within the development. d. Direct lot access to S. Eagle Road shall be prohibited. e. Lots 32,40, and 50,Block 1, as shown on the proposed preliminau plat, shall be restricted to single-story homes. f. A tot-lot ameni1y shall be added to the central open space lot(Lot 1,Block 2) prior to receiving anny certificates of occupancy. g. All common drives shall serve no more than two (2)lots. 2. The preliminary plat included in Section VII.C, dated 01/31/2020, shall be revised as follows prior to submittal of the final plat application: a. Add a note prohibiting direct lot access via S. Eagle Road. b. Revise plat to show no more than two(2)lots off of common drives(common lots 11,24, 33, and nj 3. The landscape plan included in Section VII.E, dated 03/16/2020, shall be revised as follows prior to submittal of the final plat application: a. Revise landscape plan to show open vision or semiprivate fencing along the common open space located on Lot 7; all fencing shall comply with the standards listed in UDC 11-3A-7. Page 19 — Meridian City Council Meeting Agenda May 26,2020— Page 296 of 616 b. Revise landscape plan to show additional site amenity(tot-lot)on Lot 1,Block 2 and remove lots served by common drives commensurate with development agreement provision VIII.A.1 a. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table I I-2A-6 for all buildable lots. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table I I-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 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. For the common driveway that serves a dual purpose(i.e. driveway/emergency access), signage shall be provided to notify residents that the common driveway is a no parking zone. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A streetlight future install agreement is anticipated for lights on Eagle Road. This portion of Eagle Road is on the five year work plan for ACHD. 1.2 Sanitary sewer and water service lines extending through storm water seepage beds should be avoided. 1.3 Water must be extended through Lot 24,Block 1, common drive/emergency access road,and connect to the existing water mainline in S. Eagle. Rd. 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 Page 20 Meridian City Council Meeting Agenda May 26,2020— Page 297 of 616 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. 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. hi 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 I 10%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 I I-I 2-3H. 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. Page 21 Meridian City Council Meeting Agenda May 26,2020— Page 298 of 616 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. 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(MFD) https:llweblink.meridiancily.orglWeUinklDoc View.gvpx?id=184768&dbid=0&r0o=MeridianC iv IX. POLICE DEPARTMENT (MPD) https:llweblink.meridiancily.orglWebLinkIDocView.a,vpx?id=184712&dbid=O&roo=MeridianC iu&cr--I X. PARK'S DEPARTMENT No comments at this time. XI. BOISE PROJECT BOARD OF CONTROL https:llweblink.meridianciU.orglWebLinkIDocView.aWx?id=184913&dbid=O&roo=MeridianC hty Page 22 Meridian City Council Meeting Agenda May 26,2020— Page 299 of 616 XII. CENTRAL DISTRICT HEALTH DEPARTMENT (CDH) ht�ps:llweblink.meridianciU.oty_lWebLinklDoc View.aMx?id=185623&dbid=0&r0o=MeridianC iv XIII. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) HTTPs:11wEBLiNK.mERiDiANaTy.oRG1WEBLiNK1DocVYEw.AsPx?iD=185204&DBiD=O&REPO--ME RIDIANCITY XIV. ADA COUNTY HIGHWAY DISTRICT (ACHD) https:llweblink.meridiancily.orglWebLinkIDocView.aWx?id=186140&dbid=O&r!�po=MeridianC iv XV. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commissionfinds the proposed zoning map amendment to R-8 and subsequent development is consistent with the Comprehensive Plan, if all provisions of the Development Agreement are complied with. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Commissionfinds the proposed zoning map amendment will allowfor the development of single-family detached homes which will contribute to the range of housing opportunities available within the City, consistent with the Comprehensive Plan, and the purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Commissionfinds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Commissionfinds the proposed zoning map amendment will not result in an adverse impact on the delivery ofservices by any political subdivision providing public services within the city. 5. The annexation(as applicable)is in the best interest of city. Commissionfinds theproposed annexation is in the best interest of the Cityper theAnalysis in Section V. B. Preliminary Plat Findings: Page 23 — Meridian City Council Meeting Agenda May 26,2020- Page 300 of 616 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; Commission finds that the proposed plat, with Staffs 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 reportfor more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details ftom 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, Commissionfinds that the subdivision will not require the expenditure ofcapital improvementfunds. 4. There is public financial capability of supporting services for the proposed development; Commission finds there is publicfinancial capability of supporting servicesfor the proposed development based upon commentsftom the public service providers(i.e.,Police,Fire,A CHD, etc). (See Section Mfor more information.) 5. The development will not be detrimental to the public health, safety or general welfare; and, Commission is not aware of any health, safety, or environmental problems associated with the platting of this property. A CHD considers road safety issues in their analysis and approves of the project. 6. The development preserves significant natural,scenic or historic features. Commission is unaware ofany significant natural, scenic or historic.features that exist on this site that require preserving. Page 24 Meridian City Council Meeting Agenda May 26,2020— Page 301 of 616 C-/WEP�� ITEM SHEET ommr Council Agenda Item - 9.A. Presenter: Cameron Arial, Phil Kushlan Estimated Time for Presentation: First Reading by Title Only Title of Item - First Reading of Ordinance 20-1881: An Ordinance of the City Council of the City of Meridian,Approving the First Amendment to the Meridian Revitalization Urban Renewal Project Plan, Which First Amendment Seeks to Deannex Certain Parcels From the Existing Meridian Revitalization ProjectArea; Which First Amendment Amends a Plan That Includes a Revenue Allocation Financing Provision; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to the County,Affected Taxing Entities, and State Officials; Approving the Summary of the Ordinance; and Providing an Effective Date Ordinance to De-Annex a portion of the existing downtown Meridian revitalization project Area so that the same area can be used to create the Union District Urban Renewal Project by separate Ordinance. Public Hearing will take place at the Second Reading on June 2, 2020 at 6prn. Council Notes: MWO&M M" ATTACHMENTS: Description MYP Upload Date Deannexation Ordinance Ordinance 5/21/2020 Memo to Council Cover Memo 5/22/2020 Urban Renewal District Frequently Asked Questions Backup Material 5/22/2020 Presentation to Council Exhibit 5/22/2020 Draft Summary of Ordinance 20-1881 Exhibit 5/22/2020 REVIEWERS: )i Clerk. Johnson, Chris Approved 5/22/2020 - 10:38 AM 5/242/2020 - 10,38 AM 'o Meridian City Council Meeting Agenda May 26,2020— Page 327 of 616 CITY OF MERIDIAN ORDINANCE NO. 20-1881 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPROVING THE FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT, WHICH FIRST AMENDMENT SEEKS TO DEANNEX CERTAIN PARCELS FROM THE EXISTING MERIDIAN REVITALIZATION PROJECT AREA; WHICH FIRST AMENDMENT AMENDS A PLAN THAT INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO THE COUNTY, AFFECTED TAXING ENTITIES, AND STATE OFFICIALS; PROVIDING SEVERABILITY; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Urban Renewal Agency of the City of Meridian, Idaho, also known as Meridian Development Corporation ("MDC" or"Agency") is an independent public body, corporate and politic, an urban renewal agency created by and existing under the authority of and pursuant to the Idaho Urban Renewal Law of 1965, Title 50, Chapter 20, Idaho Code, as amended and supplemented(the "Law") and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended(the "Act"); WHEREAS, on October 8, 2002, the City Council (the "City Council") of the City of Meridian, Idaho (the"City"), after notice duly published conducted a public hearing on the Meridian Revitalization Plan Urban Renewal Project, which is also referred to as the Downtown District(the"Downtown District Plan"); WHEREAS, following said public hearing, the City Council on December 3, 2002, adopted Ordinance No. 02-987 approving the Downtown District Plan and making certain findings; WHEREAS, the Downtown District Plan and its project area is referred to as the Existing Project Area; WHEREAS, the Agency seeks to amend the Downtown District Plan to deannex certain parcels from the Existing Project Area as described in the First Amendment defined below; WHEREAS, the Agency has reviewed the financial impact of the deannexation on its allocation of revenue and has concluded the remaining allocation of revenue is sufficient to pay its operations, obligations and to continue to implement the terms of the Downtown District Plan; DEANNEXTION ORDINANCE 20-1881 -1 Meridian City Council Meeting Agenda May 26,2020— Page 328 of 616 WHEREAS, the Agency, in coordination with the City, has prepared the First Amendment to the Meridian Revitalization Plan Urban Renewal Project (the "First Amendment"), as set forth in Exhibit I attached hereto, identifying the parcels to be deannexed from the Existing Project Area; WHEREAS, the First Amendment amends the Downtown District Plan, which contains provisions of revenue allocation financing as allowed by the Act; WHEREAS, on March 25, 2020, the Agency Board passed Resolution No. 20-008 proposing and recommending the approval of the First Amendment; WHEREAS, the Agency submitted the First Amendment to the Mayor and City; WHEREAS, the Mayor and City Clerk have taken the necessary action in good faith to process the First Amendment consistent with the requirements set forth in Idaho Code Sections 50-2906 and 50-2008; WHEREAS, pursuant to the Law, at a meeting held on April 16, 2020, the Meridian Planning and Zoning Commission considered the First Amendment and found by P&Z Resolution No PZ-20-01 that the First Amendment is in all respects in conformity with the City of Meridian Comprehensive Plan, as may be amended (the "Comprehensive Plan") and forwarded its findings to the City Council, a copy of which is attached hereto as Exhibit 3; WHEREAS, as of April 24, 2020, the First Amendment was submitted to the affected taxing entities, available to the public, and under consideration by the City Council; WHEREAS, notice of the public hearing of the First Amendment was caused to be published by the Meridian City Clerk in the Meridian Press on April 24, 2020, and in the Idaho Statesman on May 1, 2020, a copy of said notices are attached hereto as Exhibit 2; WHEREAS, as required by Idaho Code Section 50-2906, the First Amendment was made available to the general public and all taxing districts at least thirty(30) days prior to the June 2, 2020, regular meeting of the City Council; WHEREAS, appropriate notice of the First Amendment and the impact on the revenue allocation provision contained therein has been given to the taxing districts and to the public as required by Idaho Code Sections 50-2008 and 50-2906; WHEREAS, the City at its regular meeting held on June 2, 2020, held a public hearing and considered the First Amendment as proposed, and made certain comprehensive findings; WHEREAS, it is necessary, and in the best interests of the citizens of the City to adopt the First Amendment; WHEREAS, the First Amendment amends a pre-July 1, 2016, urban renewal plan containing a revenue allocation financing provision; and therefore,pursuant to Idaho Code DEANNEXTION ORDINANCE 20-1881 -2 Meridian City Council Meeting Agenda May 26,2020— Page 329 of 616 Section 50-2903(4), there is no reset of the base assessment roll to the current values for the remaining Existing Project Area; WHEREAS, the City Council finds that the equalized assessed valuation of the taxable property in the Existing Project Area is likely to increase, and continue to increase, as a result of initiation and continuation of urban renewal projects in accordance with the Downtown District Plan. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: The First Amendment attached hereto as Exhibit 3 and made a part hereof, is hereby approved. As directed by the City Council, the City Clerk may make certain technical corrections or revisions in keeping with the information and testimony presented at the June 2, 2020, hearing, and incorporate changes or modifications, if any. SECTION 2: No direct or collateral action challenging the First Amendment shall be brought prior to the effective date of this Ordinance or after the elapse of thirty(30) days from and after the effective date of this Ordinance adopting the First Amendment. SECTION 3: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Ada County Assessor, and to the appropriate officials of Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, Joint School District No 2,Ada County Ambulance/EMS, Meridian Cemetery District, College of Western Idaho, Meridian Library District, Mosquito Abatement District, the Western Ada Recreation District, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundary of the deannexed area, and a map indicating the boundaries of the parcels to be deannexed from the Existing Project Area. SECTION 4: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication, and shall be retroactive to January 1, 2020, to the extent permitted by the Law and the Act, with the remaining Existing Project Area maintaining its base assessment roll as of January 1, 2002. SECTION 5: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this Ordinance. SECTION 6: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 7: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. DEANNEXTION ORDINANCE 20-1881 -3 Meridian City Council Meeting Agenda May 26,2020— Page 330 of 616 SECTION 8: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. PASSED by the City Council of the City of Meridian, Idaho, this 9th day of June, 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this 9th day of June, 2020. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk DEANNEXTION ORDINANCE 20-1881 -4 Meridian City Council Meeting Agenda May 26,2020— Page 331 of 616 Exhibit I FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT Meridian City Council Meeting Agenda May 26,2020— Page 332 of 616 RESOLUTION PZ-20-01 CITY OF MERIDIAN BY THE PLANNING AND ZONING COMMISSION A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN, IDAHO,VALIDATING CONFORMITY OF THE FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN WITH THE CITY OF MERIDIAN'S COMPREHENSIVE PLAN WHEREAS, the Urban Renewal Agency of the City of Meridian(the "City"), Idaho, also known as Meridian Development Corporation, the duly constituted and authorized urban renewal agency of the City of Meridian, Idaho (hereinafter"MDC") has submitted the proposed First Amendment to the Meridian Revitalization Plan (the "First Amendment")to the City; WHEREAS, the Mayor and Meridian City Council referred the First Amendment to the City Planning and Zoning Commission for review and recommendations concerning the conformity of said First Amendment with the City's Comprehensive Plan, as amended (the "Comprehensive Plan"); and WHEREAS, on April 16, 2020, the City Planning and Zoning Commission met to consider whether the First Amendment conforms with the Comprehensive Plan as required by Idaho Code § 50-2008(b); and WHEREAS, the City Planning and Zoning Commission has reviewed said First Amendment in view of the Comprehensive Plan; and WHEREAS, the City Planning and Zoning Commission has determined that the First Amendment is in all respects in conformity with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN, IDAHO: Section 1. That the First Amendment, submitted by MDC and referred to this Commission by the Mayor and City Council for review, is in all respects in conformity with the City's Comprehensive Plan. Section 2. That Exhibits A.I and A.2 outlining the findings supporting the determination that the First Amendment is in conformity with the City's Comprehensive Plan, are hereby adopted and incorporated as part of this Resolution. Section 3. That the City Clerk is hereby authorized and directed to provide the Mayor and Meridian City Council with a signed copy of this Resolution relating to said Union District Plan. RESOLUTION OF THE PLANNING AND ZONING COMMISSION VALIDATING CONFORMITY OF THE FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN WITH THE CITY OF MERIDIAN'S COMPREHENSIVE PLAN-I OF 2 Meridian City Council Meeting Agenda May 26,2020— Page 333 of 616 Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Planning and Zoning Commission of the City of Meridian, Idaho, this 16th day of April 2020. APPROVED: ITTEST: Ch4 Plan"wni'a fidl'6iif�t6ii"ssion� City Clerk RESOLUTION OF THE PLANNING AND ZONING COMMISSION VALIDATING CONFORMITY OF THE FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN WITH THE CITY OF MERIDIAN'S COMPREHENSIVE PLAN-2 OF 2 Meridian City Council Meeting Agenda May 26,2020— Page 334 of 616 Mayor Robert E. Simison City Council Members: I D I A N*,o-�, Treg Bernt Brad Hoaglun 11 Joe Borton Jessica Perreault I IDA L H 0 Luke Cavener Liz Strader EXHIBIT A.1 TO RESOLUTION PZ-20-01 TO: Meridian Planning &Zoning Commission DATE: April 9, 2020 FROM: Ted Baird, Deputy City Attorney RE: First Amendment to the Meridian Revitalization Plan The first of two Resolutions before you is to recommend an amendment to the existing Meridian Revitalization Plan to de-annex certain land from that Plan so that it can be included in the proposed Union District Plan. As background, the 16 acres for the proposed Union District Plan are currently within the boundaries of the Meridian Revitalization Plan(the "Downtown District Plan"), which terminates on December 31, 2026. Idaho Code does not allow a parcel to be within the boundaries of two urban renewal districts, therefore, the parcels currently in the Downtown District Plan must be de-annexed pursuant to a plan amendment. The de-annexed area has the same boundaries as the proposed Union District Plan. RECOMMENDATION: As the First Amendment represents a de-annexation of lands within the existing Downtown District Plan and does not add any land are to the Downtown District Plan or change any land use in the Comprehensive Plan, the proposed First Amendment maintains consistency with the Comprehensive Plan. For additional infon-nation and findings, please refer to the April 8, 2020 Planning Division Memorandum. EXHIBIT A.I TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020- Page 335 of 616 Mayor Robert E. Simison City Council Members: ER,IDnIANA=%-11 Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault Luke Cavener Liz Strader EXHIBIT A.2 TO RESOLUTION PZ-20-01 April 9, 2020 MEMORANDUM TO: Mayor Robert Simison Meridian City Council Meridian Planning & Zoning Commission CC: David Miles, Chief of Staff Cameron Arial, Community Development Director Victoria Cleary, Economic Development Administrator Caleb Hood, Planning Division Manager FROM: Caleb Hood, Planning Division Manager Brian McClure, Comprehensive Associate Planner RE: Urban Renewal Plan for the Union District Urban Renewal Project This memo is intended to provide Comprehensive Plan related analysis for the proposed Urban Renewal Plan for the Union District Urban Renewal Project(Union District Plan) in downtown Meridian. Due to the current COVID-19 outbreak and associated quarantine, Staff is including analysis within this memo that otherwise would be shared and explained during the meeting. City Staff will be in virtual attendance at the April 16th Planning & Zoning Commission meeting to give a brief report and summary and to answer any questions, but does not intend to get into many details; this memo should be relied on heavily for Staff s analysis. Application of the City's Comprehensive Plan(Plan)to the proposed Union District area(see Attachment A) is very relevant. Every major theme (chapter) in the Plan ranging from economic development and land use to historic preservation and transportation contain policies that are directly applicable. Additionally, the Comprehensive Plan adopts other documents by reference, for inclusion in consideration of land use decisions and to direct staff activities. Many of the referenced documents are relevant both in geographic area and to the described implementation strategies and goals in the Union District Plan. The following analysis describes the associated text, policies, and referenced plans. EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020— Page 336 of 616 Analysis Plan Text The implementation strategies and goals stated in the Union District Plan clearly describe activities aimed at stimulating private development through the reduction of blight and the construction or community improvements. Some of the listed activities include: design and construction of infrastructure improvements; acquisition or support in rehabilitation of real property; financial assistance for business; advanced funding for development; and public- private partnership in the construction of a new Community Center. See pages 3-4 and 9-10 of the plan for how the goals of the plan will be achieved. The Evolving Community section (Chapter 3) of the City's Comprehensive Plan, defines future land use typologies. The description for Old Town, the adopted future land use in and around the project area, states: This designation includes the historic downtown and the true community center. The boundary of the Old Town district predominantlyfollows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of thefacing houses and buildings. Sample uses include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings, new construction of multi-family residential over groundfloor retail or office uses. The City has developed specific architectural standardsfor Old Town and other traditional neighborhood areas. Pedestrian amenities are emphasized in Old Town via streetscape standards. Additional public and quasi-public amenities and outdoor gathering area are encouraged. Future planning in Old Town will be reviewed in accordance with Destination Downtown, a visioning documentfor redevelopment in Downtown Meridian. Please see Chapter 2 Premier Communityfor more information on Destination Downtown. Sample zoning include 0-T The Old Town future land use designation is the most diverse in the City's land use portfolio, with the greatest combined range of residential and non-residential uses and no caps on density or intensity of developed uses. Further, the City's complimentary zoning, also named Old Town (0-T), has zero setbacks for structures, relaxed parking requirements, and reduced landscape setbacks (aside from pedestrian streetscape infrastructure.) Interestingly, the Union District Plan makes numerous references to the City's planning documents dictating density and character elements, but it is Destination Downtown, developed by the Meridian Development Corporation(MDC), that dictates general uses, building mass and character, and intensity of developments. The City has adopted Destination Downtown by reference, and supports MDC's plan by adopting an eclectic and flexible future land use and zoning designation. With Destination Downtown nearing a decade of use however, existing conditions varying in several significant areas, many new stakeholders and community groups, and with the downtown urban renewal district expiring in the upcoming years, it is likely the plan is nearing the end of its relevancy. Plan Policies The following text relates to the policies found throughout the major themes in the Comprehensive Plan(Chapters 2 through 6). Not all policies must be addressed or apply to the Union District Plan, but staff has tried to include all downtown related policies below. Additional context for these policies can be found in the Related Policies section(see Attachment 13), which EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020— Page 337 of 616 includes parent Goals and Objectives, for the referenced policies. Note: the first number of a policy references the Chapter in which the policy can be found. • 2.02.01E, Encourage the development of high quality, dense residential and mixed use areas near in and around Downtown, near employment, large shopping centers,public open spaces and parks, and along major transportation corridors, as shown on the Future Land Use Map. A new urban renewal district focused on infrastructure (parking, utilities, etc.)would provide the tools necessary to support and encourage redevelopment in an area of town that suffers from significant blight. • 2.02.02B, Consider incentives such as density bonuses, reduced open space requirements, and reduced fees for infill development in key areas near existing services. A new urban renewal district couldprovidefor incentives such as infrastructure and infrastructure reimbursement through tax incrementfinancing (TIF). • 2.02.02C, Support infill development that does not negatively impact the abutting, existing development. Infill projects in Downtown should develop at higher densities, irrespective of existing development. The Union District Plan does not address how transitions between existing andproposed redevelopment may take place, but could do so transparently as part of negotiationsfor partnerships with the Urban Renewal District, and through public hearing and administrative approvals with the City. Staff will reviewfuture projectsfor consistency with this policy. The Union District Plan addresses density increases throughout the document. • 2.02.02D, Apply appropriate design and construction standards to infill development in order to reduce adverse impacts to existing development. The Union District Plan makes specific references to establishing performance criteria and design standards in goal 'i'(page 4), and duplicated under implementation letter 'w' (page H). They state: In conjunction with the City, the establishment and implementation ofperformance 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 offundsfor planning studies, achieving high standards of development, and leveraging such development to achieve public objectives and efficient use ofscarce resources. This is critical work to be done proactively, as the City does not have any site or building design standards specific to Downtown Oust general traditional neighborhood design), orfor policies related to historic preservation and enhancements. NOTE:Development of design standards downtown has not been preliminarily identified as a high priority projectfor the City. • 2.09.0 1 B, Establish incentives to develop gathering spaces and civic facilities within Downtown. A new urban renewal district couldprovidefor incentives such as gathering spaces and civic facilities, which could be reimbursed through tax incrementfinancing(TIF). Part of the Union District Plan specifically references a public-private partnership, including the City, for the construction of a community center. • 2.09.01C, Work towards mitigating and removing floodplain issues around Downtown. There is nofloodplain in this area ofDowntown. EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020— Page 338 of 616 • 2.09.02A, Actively implement action items in the Destination Downtown Plan. Destination Downtown was created by the Meridian Development Corporationfor the downtown Urban Renewal District, and adopted by the City. This plan was extremely broad 1.n land use diversity, area, and scope. The project areafor the Union District Plan is included within the Destination Downtown area, butprevious effortsfailed to eliminate blight that this new district seeks to address. With the existing downtown urban renewal set to expire in the coming years, this new district is an opportunityfor more renewed and focused efforts, both geographically and in implementation activities. • 2.09.02B, Pursue grants and public-private partnerships to enhance Downtown. A new urban renewal district could both provide grants and make more competitive applicationsfor grants, by utilizing a dedicatedfunding source such as tax increment financing(TIF). • 2.09.02C, Develop programs with local partners to expand art, cultural, and educational facilities in Downtown. There are several references to these activities andfacilities throughout the Union District Plan. Art may be done both as public-private partnership, or independent of development, and educationalfacilities are described in several areas including implementation strategies qetter 'o). It should be noted that the Union District Plan describes the Urban Renewal District's ability to make decisions related to public art independent of the Meridian Arts Commission, which to date hasfocused a great deal of time, money, and energy in downtown. Staff recommends caution with mult�ple inde endent entities exercising se - determination of overlapping activities. • 2.09.02D, Develop and support regular cultural activities and events Downtown, in partnership with the Downtown Business Association and other organizations. Supporting events is not described within the Union District Plan directly, but supporting the development of locationsfor these to occur is addressed. • 2.09.02F, Support a compatible mix of land uses Downtown that activate the area during day and night. Supporting specific uses at discrete times of the day is not described within the Union District Plan directly, but supporting the development of mixed-use locations,facilities, and supporting infrastructure (e.g. —parking) is discussed. • 2.09.02G, Implement the City of Meridian Design Standards and City of Meridian Architectural Standards Manual to ensure that Downtown remains the historic center for mixed-use tourism, business, retail, residential, and governmental activities. The City has land use authority over the project area and implementation of design and architectural standards must be met. However, these standards, while allowingfor these types of useslattractions, does not necessarily cater to or encourage them. Additional work is necessary if downtown specific and historical context is desired. The Union District Plan speaks to this work under goal 'i'(page 4), and duplicated under implementation letter 'w' (page 11). • 2.09.03B, Promote Ten Mile, Downtown, and The Village as centers of activity and growth. The Union District Plan seeks to redevelop some of the most blightedproperty in the City, at the heart and center of the Downtown area, and which is otherwise adjacent to some of the most iconic and well usedpublic spaces outside of traditional parks. By successfully EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020— Page 339 of 616 redeveloping this highly visible blight, Downtown will be wellplaced to offer andpromote a dense concentration ofpublic spacesfor activity use by many. 9 2.09.03E, Develop concept plans of potential destination activities and promote appropriate development, infill, and redevelopment of activity centers. The Union District Plan does not address this directly, but the intention of the Plan is to support these types of activities through public-private partnerships of communityJacilities. * 3.03.0 1 E, Encourage infill development. The unstatedpurpose of the Union District Plan, through virtually all of the goals and implementation strategies, is to encourage infill development through redevelopment of blighted lands and development of communityJacilities through public-private partnerships. 9 3.03.03G, Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks, water and sewer utilities. The City has land use authority over the project area and urban infrastructure will be required with all redevelopment. Further, the Union District Plan calls out specific implementation strategies including road, curb, gutter, streetscape, lighting, stormwater, and others throughout the document(includingfinancial analysis). 9 4.04.02A, Identify opportunities for new paths that connect residential neighborhoods and community facilities, such as the library and city hall,parks, schools, athletic facilities, swimming pools, historic districts, the Downtown, as well as other commercial and retail activity centers in Meridian. The City's Pathway Master Plan depicts several options through the project area, and will be required as part of redevelopment of the site. The Union District Plan references pathways both through goals and implementation items. 9 4.05.01E, Assess environmental impact of potential new development, infill, and redevelopment. The Union District Plan specifically addresses environmental assessment of brownfield sites, and more generally towards environmental quality and creating standards to maintain environmental quality in coordination with the City (goal letter 'i�. Outside offloodplain impacts however, the City does not have much in the way of requirements or regulations to this end. 0 5.02.01 A, Maintain and implement design and building standards for historically significant buildings and resources in Old Town. There are no historically significant structures within the project area. The Union District Plan emphasizes consideration for the historic character and quality of the area. Stronger efforts by designers to this end are needed, or standards created, to protect and enhance the general area prior to design andpermit approvalfor structures in this area, if this policy statement is a priority. It would be difficult to suggest that preliminary conceptsfor structures on either the Civic Block or Union Pacific property compliment or lend aid to any historic themes in the Old Town area. The bulk and mass of concept buildings could easily overwhelm and minimize other historic structures in the area withoutfurther integration of ideas and themes. EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020— Page 340 of 616 • 6.01.01C, Improve ingress and egress opportunities for all modes of transportation in Downtown. The Union District Plan references improvements to roads, sidewalks,pathways, and a railroad crossing, as projectsfor implementation. Improvements to East 3rd Street specifically would greatly enhance bicycle access into downtown, andprovide more options for local residents and stakeholders. • 6.01.02D, Consider needed sidewalk, pathway, landscaping, and lighting improvements with all land use decisions. The City has land use authority over the project area and redevelopment will be required to provide infrastructure. The Union District Plan also specifically references all of these elements as projectsfor implementation. • 6.01.021, Pursue the extension of Idaho Ave. and/or Broadway Ave. to Commercial Dr. and the extension of East 3rd St. from Fairview Ave. to Pine Ave. in Downtown. While not directly referencing the extension of these streets,proposed implementation (improvement)projectsfor both Broadway Ave and East 3rd Street would go a long way in highlighting the value of these projects and encouraging their construction. • 6.01.02L, Work with ACHD to implement projects from the 2012 Downtown Meridian Neighborhood Pedestrian and Bicycle Plan. "ile not directly referencing coordination with A CHD on implementation of the 2012 Neighborhood Plan, improvements to East 3rd Street are directly aligned and much needed for north-south bicycle connectivity through Downtown. Neither Meridian Road nor Main Street have dedicated bikefacilities, and a safe multi-modal, north-south connection is needed between existingpathway connection on Franklin near Storey Park, and on Pine near Five Mile Creek. EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020— Page 341 of 616 Referenced Plans The following plans are adopted by reference in the City of Meridian Comprehensive Plan, and are relevant material to the proposed Union District Plan. • Downtown Meridian Street Cross-section Master Plan Every road within the project area is included within the Downtown Meridian Street Cross- section Master Plan. Adopted in 2014, this document includes cross-section concepts intended to work with minimal impact to available impact, while also serving multiple modes. Vibrant streetscape activity is especially important in the Old Town area, and including the Union District Project area. Connectivity both east-west and north-south through the downtown area is very important. It is particularly important that East 3rd Street incorporate a pathway element to support connectivity of the City's Pathway Master Plan through downtown, connecting Storey Park to Fairview Avenue. Traffic speeds on Meridian Road are unfriendly to pedestrian, and neither Meridian Road nor Main Street provide safe bicycle connectivity north-south, and there is no other railroad crossing within the downtown area besides East 3rd Street. • Historic Preservation Plan The Historic Preservation Commission and City adopted this plan in 2014. With less than 2.2% ofMeridian's housing stock being older than 1960's construction (2017 Existing Conditions Report), and almost all of it consolidated in the Downtown area, there is very limited opportunityfor historic preservation outside of agricultural themes in the larger community. Several goalsfrom this plan are relevant to the Union District Plan, including: • Goal I Preserve and enhance Meridian's historical, cultural and agricultural heritage. • Goal 3 Heighten public awareness of historic preservation in the community and improve preservation education effortsfor various audiences. • Goal 4 Maintain and strengthen supportfor historic preservation ftom individuals, commercial property owners, local organizations and neighborhood groups. These goalsfor the Commission (and City) are notjust about preserving, but also enhancing and generating awareness ofMeridian's history. Additional objectivesfor these goals are described within the plan. • Meridian Rail-With-Trail Action Plan A portion of the project area includes Union Pacific right-of-way that is a part of the Boise cut-off. The Meridian Rail-With-Trail Action Plan identified an opportunityfor a Treasure Valley-wide multi-use pathway. This Action Plan has since been supplemented with numerous planning efforts looking at more detailed cross-sections, street crossings, and alternatives. Meridian is actively working to construct certain portions, andpart of this network must be constructed within the project area, either along the rail corridor right-of- way or integrated through site planning. EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020— Page 342 of 616 • Meridian Parks and Recreation Master Plan One of the projects described in the proposed Union District Plan is the development of a community center as part of the Civic Blockproject. Objective 4.3 of the Meridian Parks and Recreation Master Plan identifies expanded indoor recreation space as a priorityfor the community. Pathways are another significant element of this plan, andfurther emphasizes the demandfor connectivity improvements to and through downtown, and the project area. • Meridian Pathways Master Plan The Pathways Master Plan identifies north-south (East 3d Street) and east-west (BroadwaylRail with Trail)pathway connections through the project site. This plan works in concert with the Parks and Recreation Master Plan, Meridian Rail-With-Trail Action Plan, and through many of the policies in the Comprehensive Plan. • Downtown Meridian Transportation Management Plan This plan has resulted in significant roadway expansions within Meridian, including the split corridorphase I andphase 2 improvements. Two of the lastprojects left in the Downtown Meridian Transportation Management Plan are the East 3rd Street connection north of Carlton Ave and south ofBadley Ave, and the extension of either Broadway Ave or Idaho Ave east to Commercial Ave (and ultimately to Locust Grove). These projects/connections are essential in supporting the densities necessaryfor the larger downtown area to be a thriving center of activity. The Union District Plan could bene t both of these streets in close proximity to the areas setfor expansion. • Downtown Meridian Neighborhood Pedestrian and Bicycle Plan Developed by A CHD, this plan identified a number of community drive projects to enhance the pedestrian and bicycle connectivity in the area. A CHD has been diligent in programming and constructing these projects, and one of the last significant components is identified sidewalk improvements on East 3rd Street. There are sidewalk gaps in the project area and the rail crossing is unsafe and outright impassablefor some with mobility disabilities. One of the projects in the Union District Plan would include street improvements to East 3rd Street near Broadway, and including the rail crossing. All of these plans are available on the City's Comprehensive Plan website at: https://meridiancily.oriz/plannin�z/coMpplan/resources. Recommendation Based on the analysis provided in this memo, Staff believes establishing an Urban Renewal District Plan for the Union Block project to be consistent with the Comprehensive Plan and in the best interest of the City. Accordingly, Staff recommends that the Commission move to approve the two related Resolutions on the meeting agenda as follows: A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN,IDAHO,VALIDATING CONFORMITY OF THE FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN WITH THE CITY OF MERIDIAN'S COMPREHENSIVE PLAN A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN,IDAHO,VALIDATING CONFORMITY OF THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT WITH THE CITY OF MERIDIAN'S COMPREHENSIVE PLAN EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020— Page 343 of 616 Attachment A: Union District Area (Urban Renewal District) Future Land Uses — I I I I I I I I I I I I � I I I I I I I I I I Medium Density Residential Industrial E STATE AVE Civic Old Town Hid � h Mixed Use Community E PINE AVE C Z —W IDAHO AVE !�HOAVE—Z Z Z N 17M lmz-HEI ILI ADWAY AVE FiEl � UTZ —AE BROADWAY AVE-- 11111, ROAD-1T=7�-Lu I N I III I 111 11,111 1,1111 1 111 1' Z E BOW Ff =-> E ADA S�—z Legend F, Urban Renewal District Parcels E KING ST — Railroad 0 250 Soo 71 Feet F H= � EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020— Page 344 of 616 Attachment B: Related Policies The policies below are from the City of Meridian Comprehensive Plan. For policy type: G=Goal; 0=Objective, and A=Action. Goals and Objectives are shown with referenced actions for additional context,along with a referenced section. ID Policy Policy Section Type 2.02.00 G Plan for safe,attractive,and well-maintained neighborhoods that have Housing ample open space,and generous amenities that provide varied lifestyle choices. 2.02.01 0 Elevate and enhance the quality and connectivity of residential site and Housing subdivision planning. 2.02.01E A Encourage the development of high quality,dense residential and mixed use Housing areas near in and around Downtown,near employment,large shopping centers,public open spaces and parks,and along major transportation corridors,as shown on the Future Land Use Map. 2.02.02 0 Maximize public services by prioritizing infill development of vacant and Housing underdeveloped parcels within the City over parcels on the fringe. 2.02.02B A Consider incentives such as density bonuses,reduced open space Housing requirements,and reducedfeesfor infill development in key areas near existing services. 2.02.02C A Support infill development that does not negatively impact the abutting, Housing existing development. Infill projects in Downtown should develop at higher densities,irrespective of existing development. 2.02.02D A Apply appropriate design and construction standards to infill development in Housing order to reduce adverse impacts to existing development. 2.09.00 G Create positive,vibrant,and accessible commercial activity centers within Economic the community. Excellence 2.09.01 0 Support redevelopment and infill opportunities Downtown. Economic Excellence 2.09.01B A Establish incentives to develop gathering spaces and civicfacilities within Economic Downtown. Excellence 2.09.01 C A Work towards mitigating rind removing floodplain issues around Downtown. Economic Excellence 2.09.02 0 Integrate and maintain quality public spaces throughout Downtown for Economic recreation,social,and civic activities. Excellence 2.09.02A A Actively implement action items in the Destination Downtown Plan. Economic Excellence 2.09.02B A Pursue grants and public-private partnerships to enhance Downtown. Economic Excellence 2.09.02C A Develop programs with local partners to expand art,cultural,and Economic educationalfacilities in Downtown. Excellence 2.09.02D A Develop and support regular cultural activities and events Downtown,in Economic partnership with the Downtown Business Association and other Excellence organizations. 2.09.02F A Support a compatible mix of land uses Downtown that activate the area Economic during day and night. Excellence 2.09.02G A Implement the City of Meridian Design Standards and City of Meridian Economic Architectural Standards Manual to ensure that Downtown remains the Excellence historic centerfor mixed-use tourism,business,retail,residential,and EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020— Page 345 of 616 ID Policy Policy Type governmental activities. 2.09.03 0 Cultivate unique and diverse destination-type activities within Meridian's Economic cen ters. Excellence 2.09.03B A Promote Ten Mile,Downtown,and The Village as centers of activity and Economic growth. Excellence 2.09.03E A Develop concept plans of potential destination activities and promote Economic appropriate development,infill,and redevelopment of activity centers. Excellence 3.03.00 G Direct and prioritize development in strategic areas and in accordance with Growth and corridor and special area plans. Population 3.03.01 0 Plan for an appropriate land use mix,recreational and civic facilities,and Growth and phased service extension within specific area plans and urban renewal Population districts. 3.03.01 E A Encourage infill development. Growth and Population 3.03.03G A Require urban infrastructure be providedfor all new developments,including Growth and curb and gutter,sidewalks, water and sewer utilities. Population 4.04.00 G Develop a connected,comfortable,and comprehensive network of multi- Parks and purpose pathways. Pathways 4.04.02 0 Link pathways to important pedestrian generators,environmental features, Parks and historic landmarks,public facilities,Town Centers,and business districts. Pathways 4.04.02A A Identify opportunities for new paths that connect residential neighborhoods Parks and and community facilities,such as the library and city hall,parks,schools, Pathways athletic facilities,swimming pools,historic districts,the Downtown,as well as other commercial and retail activity centers in Meridian. 4.05.00 G Preserve,protect,enhance,and wisely use natural resources. Stewardship 4.05.01 0 Protect and enhance existing waterways,groundwater,wetlands,wildlife Stewardship habitat,air,soils,and other natural resources. 4.05.01E A Assess environmental impact of potential new development,infill,and Stewardship redevelopment. 5.02.00 G Celebrate Meridian's historical,cultural,and agricultural heritage. Historic Preservation 5.02.01 0 Enhance and restore the historical quality of Old Town. Historic Preservation 5.02.01A A Maintain and implement design and building standards for historically Historic significant buildings and resources in Old Town. Preservation 6.01.00 G Facilitate the efficient movement of people and products to and from the Transportation City. and Streets 6.01.01 0 Support multi-modal and complete-street transportation improvements. Transportation and Streets 6.01.01 C A Improve ingress and egress opportunities for all modes of transportation in Transportation Downtown. and Streets 6.01.02 0 Enhance existing transportation systems. Transportation and Streets 6.01.02D A Consider needed sidewalk,pathway,landscaping,and lighting improvements Transportation with all land use decisions. and Streets 6.01.021 A Pursue the extension of Idaho Ave.andlor Broadway Ave. to Commercial Dr. Transportation and the extension of East 3rd St.from Fairview Ave.to Pine Ave.in and Streets Downtown. EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020— Page 346 of 616 ID Policy Policy Section Type 6.01.02L A Work with ACHD to implement projects from the 2012 Downtown Meridian Transportation Neighborhood Pedestrian and Bicycle Plan. and Streets EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020— Page 347 of 616 Attachment C: Meridian Pathways Master Plan Meridian Pathway Plan ......Alternative Route —Existing Pathway F-P I C 'AVE —On Street Route ......Proposed Pathway L_J L_� L-1 L-1 Ej E= FFM E-PINE-AVE— :77 z w) z z W IDAHO AVE E IDAHO N z z z __W BRO LN .........................'.11FAROADWAY AVE_ ........ ..... ........... ... ............ Lu z W'R ILROAD-S ............... ;T ................ ......................... ----------------- ................................................... BOWER-ST -4 _ST 0 _E��L=-4.1-T Legend N E DA-J_IZ4 Z. __1 Ll Urban Renewal District �W-TAYL6R-AVE VTFR Parcels :*-E KING ST Railroad 0 250 500 Feef A.-T I 1_1H EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020— Page 348 of 616 Attachment D: Downtown Meridian Street Cross-section Master Plan Examples Main Street MAIN STREET:Ada Street to Carlton Avenue Aei.gROW.M­m p V P A�ms Alm�1, k, F Nth St—O'­RaN, F_ N�k­hff�-� F F _ ,",7i F. h 117M tos, M . IL -IA.bq.dp d ROW -.7_ms-1� WM.m.­,g CL d­d E�fin W,d ROW J P-Ild RAiq(10.) Z CL.IF.Wd 26',.0 0R.W1 'u I intended to be consist nt thematic elements,and must reconfigu ration.Future improvements will generally be "I Ada Stre�to Carlton AWn e be carried forward appropriately as consistent entrymy located behind the back ofourb,and occur eitherthrough CONSIDERATIONS: thematic elements for the length ofthe corridor. private redevelopment and infill projects,orim provements L,.­—W,W,dth So f�e(ROW) 804- by MDC and partner agencies.Driveways and unnecessary Main between Ada and Carlton is a traditional downtown DESCRIPTION OF ULTIMATE CONDITIONS: access points to Main sho�ld be restricted or removed R.d streetlined predominately with older buildings and some The only significant variation to the typical existing(2013) with redevelopment,particularly near alleyways. infill redevelopment,Restaurants and professional services streetcross-section is the potential forshortcenter median P.A"q P-11A(b�lh�id.) arethe predornindtetyp"ofexisting uses,with some gov- islands These islands are envisioned to occurwhere tmf- ,60 .mment services a rd a n umber of historic structures.The fic patterns will be minimally impacted,generally only I R2 street is critical for north-south vehicular and pedestrian restricting alleys from becoming through streets,and be id,) bu6d, 5 f�,t M�dd. in Connectivity,and is the primary arterial access for busi- built to provide additional aesthetic and thematic ben- ness and residential uses between Fairview and Franklin. efits to the street environment.On-street parking should 8 f�,,V�, - generally be parallel where it occurs,with angled parking INTENT: discouraged due to traffic and safety impacts,especially ffik, Sbr The intentofthis cross-section isto maintain and improve for bicycle users. N,k,­,ft�W f­�d­­.,t­O­d�- .0­. connectivity,and balance the needs of both automotive- ti�.n I- and pedestrian uses.Detached walkways and landscape I�PLEMENTATION PROCESS: buffers a.the top priority,w ith on-street parking also In most cases the actual roadwayforthe Main Street cross- u-, being critical.Street trees,signage,pa,,em,and lighting are section is already built-out with little need for roadway DOWNTOWN MERIDIAN I CITY CORE STREET CRO55-SECTION MASTER PLAN STREET DE71M EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020— Page 349 of 616 East 211,i Street EAST 2ND STREET: Broadway Avenue to Carlton Avenue {yA,wFre,i,g&Hh} Design is haand.r.A.at. drastini V' Sidewalks F- Path., V\1501" /V fee Streen—pe Buffer F- Pa,ky DMe, jr V 1, Fe Furniture Bu'f.r Far W ug�cag I V Required.0 0sal,wd ++++41:. Irdlingidge I Row adgui MW RADAST 21'r.CL al Read 2N. .1 Read "Wlw��M Nion,South.wpardicini....twers—ndiardi While cross-section conflgoarationswith increased parking IMPLEMENTATION PROCESS: Bmadway A—to Carlton Avenue a re provided,in most conditions parking servicing local As a segment,the frequent cross-street and alley breaks businesses should be consolidated off-street or located allow East 2nd to be developed more piecemeal than many u-section Width 80-feat(ROW) 8 Meet CONSI DIE RATIONS: a Isewhere,a 11 owl ng for a mo re I vely a nd dy nam ic pedes- other a reas of the City Core.However,t he c urb-I�ess natu re Ea St 2nd between Bro adway and Ca r1ton consists of sho rt trian environment that increases area draw. ofthe identified cross-sections and resulting grade changes Read T.0 way Twa-.ey,,,,b I., block lengths with frequent cross-street and alley inter al A,gled,parallel.and sections-The only through cross-street on this segment DESCRIPTION OF ULTIMATE CONDITIONS: with new facilities will likely require improvements to be Parking Augled and parell lare made forthe full width ofthe cross-section(both sides of however is Pine,with all other streets clead-endirg within East 2nd is intended to be a charming traditional down- the road).It may be possible for redevelopment to occur Parking Capacity* 79 57(way-ary) a mile.This limited Connectivity is less conducive to heavy town street that is able to cater to social shopping and in half-block increments,between a cross-street and alley, Attoohad.teacher. Dotahadar b,lh,d traffic movements and provides additional opportunities dining experiences through unique design enhancements but there is likely greater long term cost-savings to do a Walkways(aa.side) and m,.I,g sag-ro, separated,width varies, for pedestrian supportive focus and enhancement. and comfortable pedestrian spaces While trees are kept whole block at a time.Storm-water is an important con- 5-Not or Is. 5-fout ni to provide a more pedestrian scaled and comfortable sideration.Improvements should occur as public-private Buffer has.side) Vem. V.'�i,,,wi oh,�Z'l INTENT: pedestrian environment,they are pulled further from the partnerships to generate and foster greater place-making, Pathway This street segment is unique in that the short block lengths buildings to allow for more unobstructed business and raise awareness,and be supportive of new businesses or 8,ku S,ppa,l and limited traffic allow for multiple cross-sections,which Community streetscape uses,such as outdoor dining. renovations able to make use of the facilities. while consistent in thematic and alignment,offer a vari- Cross-section options exist for medians or other special *Parking impoots and fati,—al,es—a�tiva.ta,.do at indicate iata,i. ety of configurations.Priority improvements should be street features such as topiary or artwork.See appendix vo,diti......d—re lall rearahunt with­­,thn D,i,m,y,.fine focused on a wider pedestrian environmentwith emphasis hydrants,aid other sciditious may altarfinal count.See Parking section on unique and memorable place-making configurations. D.nra DOWNTOWN MERIDIAN CITY CORE STREET CROSS-SECTION MASTER PLAN STREET DESIeN EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020— Page 350 of 616 East 3rid Street Franklin Road to Broadway Avenue 139%� Ith idg Nd,th) �XW V _V F `�,kkg V Fe P�th.q Ej I. St—t—po 80for P�,k.,V B�ffor E F_ F-it,ro Fe Lighti,g V elf, I A 2F+64+4'.04+P+4" EA-godpolItIrtij 27M..m. N't.Eidotioth CL.f Rood Jtoitto) -Z 2111.CL.1 N­Find Alig-tot 14'Pod.otirdw A INTENT: ample buffers for the detached pathways and sidewalks "112791971 7�=..ay Avenue The primary intent of this cross-section and any varia- are all important safety and aesthetic elements for the -CONSIDERATIONS: tion is to provide for safe and convenient north-south long-term health ofthe neighborhoods-Bulbouts should Crot,-­­Width 811-f.ot(ROW) 764.t pedestrian connectivity between Franklin and downtown. be developed at street corners to further enhance safety East 3rd between Franklin and Broadway is predominately The reoquined ten-foot detached pathway must be on the and provide additional opportunities for landscaping and R.d T.o q T.o—y residential in nature,but is entirely within the Transit On- west side of the road,which has fewer driveway conflicts additional district thematic elements. N4,,g P-11ol P-11.1 ented and Cultural district(TOD)_Improvements should be and opportunities for further reductions with redevelop- IMPLEMENTATION PROCESS: P,,ki,g Cq­ty' V,-, 51 supportive of higherdensity and transit supportive uses in ment taking access from alleyways.Walkways must be Wdk-y� Vari td 4 to 5-feet, Loathed.5 feet doi, ultimate conditions,and all efforts should be made with detached,and residential appropriate lighting provided Though implementation may occurwith fragmented parcel frq­duid gap� F.—ido) redevelopment to provide for additional enhancements to enhance safety.On-street parking should be provided specific redevelopment,it is assumed that implementation 8 f,,t dd p,b,ff,,. which capitalize on these future services.Alleyways are but angled and perpendicular Configurations am heavily' of the pathway will require concerted efforts on behalf 130fo,I- V,,­ another important consideration with the corridor,and discouraged to ensure continuity of the pathway and to of MCC and City.The pathway is critical for accessibility Nth­y No Yn.110-f.itt ir',(­t must be adequately signed and enforced to ensure pedes- reduce back-.ut conflicts with through traffic. safety,and quality of life,and should be implemented in �idit) trian safety along the corridor.While alley use is already blocks and segments.Interim redevelopment enhance- Giko Soppo,t No Sh predominately one-way forwestbourd travel,this should DESCRIPTION OF ULTIMATE CONDITIONS: ments may not require full improvements if MIDC and 'P�,ki, be verified and coordinated with impacted stakeholders, While East 3rd is not intended to serve as an entryway the City are not able to expand and maintain pathway ­dh­g, od­­kir,odo,lit—�,th r——coo if,,h, and considered for access with redevelopment. corridor,it is important for connectivity into the down- components,but redevelopment must make allowances d—t,�.d oth—o.dith— q�Ito,f,,.[­.t.So.`�+,ij—ti.,odt, town area and should be inviting.Tree lined streets with for future installation. st—t 0-ro DOWNTOWN MERIDIAN I CITY CORE STREET CROS$-SECTION MASTER PLAN STREET DES16IN EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020— Page 351 of 616 Broadway Avenue to Carlton Avenue 09kDOEM IV.,F,in ll�th) xko O.�ig.1.b—d d,.f V P--ro' �Adiq ROW,hu—y—y if,,,- At Sid—Ilk E `�A.�Y,fldf�r F F—ft W Lightiq -4 'ra" E A-in dg. 22'0WI l7t.fv�.CLdRI -3' 2O'WCLJN..RAdfiiF.W tion south of the tracks,and to help improve pedestrian and provide additional opportunities for landscaping and Broadway Avenue to Cartian AvPoue connectivity with urban uses to the west.Walkways must additional district thematic elements. be detached by landscape buffers with large canopytrees, CONSI DERAI IONS: :nd res idential appropriate lighting must be provided to IMPLEMENTATION PROCESS: D.,­t'.'Width 89-ket(ROW) 76-f"t Though East 3rd between Broadway and Carlton is pre- nharce safety.On-street parking should be provided, Though implementation may occurwith fragmented parcel RO�d 1.�ny 1.­q dom rate ly residential in nature,it is adjacent to three but angled and perpendicular configurations are heavily specific redevelopment,it is assumed that implementa- N,ki,q P-11.1 P-11.1 different commercial districts including the Northern discouraged to ensure continuity ofthe pathway and to tion of the pathway will require more concerted efforts P,,ki,gC,p,,ity* 63 64 Gateway,Washington&Main,and Traditional City Core reduce back-out conflicts with through traffic.All recle- on behalf of MDC and the City.Interim redevelopment Attachd 4 1,54,,t, D,t,,h,d,6-feet districts.While efforts should be made to enhance district velopment must be considerate to and supportive ofthe enhancements may not require full improvements if the Wdk.dy� f,q­nt�d gag (­tA0 identities,with the proximity to the commercial districts, residential nature of this corridor segment. City is not able to expand and maintain pathway com- r'd­'r II opportunities existto blend boundaries for uses supportive ponents,but redevelopment must make allowances for Odf.'(­flfi) ofthe overall Destination Downtown vision plan. DESCRIPTION OF ULTIMATE CONDITIONS: fut ure installation. Y-d'dt 0 t ih.(—t While East 3rd is not intended to serve as an entryway INTENT: corridor,it is importantfor connectivity into the downtown Irk,S'Pr"t K� sh­­ The primary intent ofthis cross-section and anyvariation is area and should be inviting.The tree lined streets with *N,kihg mna���d f�t­,dh­ d­t,roi.tt wt�o. to provide for a safe and convenient north-sauth pathway ample buffers for the detached pathways and sidewalks rditi......d,,,,,Ul Ith,,,—fl-II fm hy- connection between Carlton and Broadway-The required are all important safety and aesthetic elements for the d I,,d rth d,ti,,, q It,,fimi....,S,,N,kiq...in,�d,, ten-foot detached pathway m ust be on the west-side ofthe long term health ofthe neighborhoods-Bulb-outs should road to maintain alignment with the pathway configura- be developed at street corners to further enhance safety DOWNTOWN ME RI DIAN <ITY CORE 5TREET r ROSS-SECTION MASTER PLAN STREET DES16N EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020— Page 352 of 616 Broadway Ave BROADWAY AVENUE: Main Street to East 2nd Street Design e;b—he ROW.I.,g ..he,. Fe Parkog V Side.14 _8 F0 lalh.q 1V 4 Sroot­p� off" ,e P"k.,y Hnfle, 40 Fornit— d Td Rnqo A R,,ired. O—ed it !a5i _R Exoinsinda..iROW Wt.Neting EL d had me) 20',CL.H1 R dM Wit TZ hole.m. should reflect this.While the ten-foot mUlti-use pathway alignments across irtersections,and to reduce setback Main Street to East 2nd et is required an the south-side of the street,it's possible impacts to neighboring properties and buildings. that future pathway Connectivity may be integrated with -CONSIDERATIONS: redevelopment,and the pathway pulled within the adja- IMPLEMENTATION PROCESS: Or—­ua,W,dth 79-feat(ROW) 84,5 feat Broadway between Main and East 2nd is generally indus- cent property On-street parking and standard streetscape Curb line changes necessaryto be supportive of pedestrian Road T-., I.,�e, trial storage on the southern side ofthe roadway,along to improvements are required,and must align and integrate activities and allow businesses greater street presence will Parking Angled Nrallni the railroad tracks,and dominated by older buildings in with improvements to the east and west. likely require improvements to occur for the full length Parking C,p,,ity* 31 is disrepair on the northern side.Sidewalk facilities are also in . of the block,on one or both sides of the roadway.Unless Nla,hd.4 t,,E-fan, dis epai I,and non-existent on the south.The stmetscape DESCRIPTION OF ULTIMATE CONDITIONS: large scale redevelopment occurs,public participation will Walk�aya(,side) Oete,had,5-feet(H on the north-side of Broadway has been redeveloped on The north-side of this cross-section includes standard be necessaryfor implementation and play a large role in the corridor segments both to the west and east-only required streetscape improvements,and a widerwalkway redevelopment ofthe streetscape,particularly with the Hoffer(aa.aide) Ven., S-leet p,,,t,,d,,d,l this segment is lacking improvements. Consistent with other corridor improvements to the east. mutti-use pathway.With eventual removal of existing angled PaF.,y No'. yea The south-side of the street provides the required path- parking,it is expected that addidonal off-street surface or Oik,S,P,NT N,oa None INTENT: way connection,but may simply mirror improvements on garage parking will need to be provided elsewhere to offset *Pa,kiwiio,pad�and khra alk.are a�fi.at­da,r odka�ta ot.H. Future improvements will need to support mixed use the north-side,orjust meet streetscape standards if the loss and accommodate future downtown parking needs, ...d,t,,,.and ne f.11 ith—, OH—op.fire hy_ developmentand balance the pedestrian environmentwith pathway is integrated into future development through the Improvements on the north-side ofthe roadway should d t,,and other condition,mq[ten Final ont.See Pa,ong-tion on, parking provisions-It is expected that future redevelop- Southern properties.Parallel parking is provided instead be a focus to compliment Idaho and increase demand for St 0,,ig,. met&on both sides of the mad will be transit supportive ofangled to enhance safety and create a mom pedestrian land to the South. higherdensity m ixed uses,and the pedestrian ewironment friendly corridor,and to lim it wider cross-sections,maintain 6r� DOWNTOWN MERIDIAN I CITY CORE STREET CROSS-SFCTION MASTER PLAN STREET DESICN EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda May 26,2020— Page 353 of 616 Exhibit 2 NOTICES PUBLISHED IN THE Meridian Press on April 24, 2020 and in the Idaho Statesman on May 1 , 2020 Meridian City Council Meeting Agenda May 26,2020— Page 354 of 616 IDAHO PRESS-TRIBUNE EMMETT MERIDIAN KUNA BOISE WKLY CIO ISJ PAYMENT PROCESSING CENTER PO BOX 1570 POCATELLO ID 83204 (208) 467-9251 Fax (208) 475-2321 ORDER CONFIRMATION Salesperson: LEGALS Printed at 04/17/20 11 : 28 by sje14 ----------------------------------------------------------------------------- Acct # : 351462 Ad # : 2009282 Status : New 1 MERIDIAN, CITY OF Start : 04/24/2020 Stop: 04/24/2020 33 E . BROADWAY AVENUE Times Ord: 1 Times Run: MERIDIAN ID 83642 LEG 2 . 00 X 131 . 00 Words : 629 Total LEG 262 . 00 Class : 0006 GOVERNMENT NOTICES Rate : L2 Cost : 231 . 11 # Affidavits : 1 Contact : MACHELLE HILL Ad Descrpt : PH 6/2/2020-DEANNEXATION Phone : Given by: ADRIENNE WEATHERLY Fax# : P.O. # : Email : accountspayable@meridiancity Created: sje14 04/17/20 10 : 59 Agency: Last Changed: sje14 04/17/20 11 : 28 ----------------------------------------------------------------------------- PUB ZONE EDT TP RUN DATES MP A 96 S 04/24 ----------------------------------------------------------------------------- AUTHORIZATION Under this agreement rates are subject to change with 30 days notice . In the event of a cancellation before schedule completion, I understand that the rate charged will be based upon the rate for the number of insertions used. Name (print or type) Name (signature) (CONTINUED ON NEXT PAGE) Meridian City Council Meeting Agenda May 26,2020— Page 355 of 616 IDAHO PRESS-TRIBUNE EMMETT MERIDIAN KUNA BOISE WKLY CIO ISJ PAYMENT PROCESSING CENTER PO BOX 1570 POCATELLO ID 83204 (208) 467-9251 Fax (208) 475-2321 ORDER CONFIRMATION (CONTINUED) Salesperson: LEGALS Printed at 04/17/20 11 : 28 by sje14 ----------------------------------------------------------------------------- Acct # : 351462 Ad # : 2009282 Status : New LEGAL NOTICE NOTICE OF REGUL R MEETING AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO TO CONSIDER THE FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN,URBAN RENEWAL PROJECT OF THE URBAN RENEWAL AGENCY OF M ERIDMIN,IDAHO,ALSO KNOWN AS MERIDIAN DEVELOPMENT CORPORATION NOTICE IS HEREBY GIVEN that On Tuesday,June 2, 202',at 6 0'p.m.in City Council Chambers,Meridian City Hall,33 E. Broadway Avenue,Meridian, Idaho he'dthe City Council of the City Of Meridian,Idaho("City')will I an ring its regular meeti ng,a public hearing to consider for adoption the Proposed Fir t Amendment to the Meridian Re,itali,ation Plan U r ba n R e ne.al Project("First Amendment"),concern- ing the e—ti ng Meridian Re,italiZatiOn Plan Urban Renewal Project Area C D Ow Agen O�ntq.n District Project Area")of the Urban Renewal cy Meridian,Idaho,also known as Meridian Development Corporation("Agency").The general scope and 0 j n bjective of the First Ame chment is the deann-ation of cer- fain parcels from the boundaries of the misting Downtown Dish of P roject Area.The proposed reduction in the boundary of the e�istin&D—town District sPrO.ject Area is hereinafter described.T bound a y include th urban re n wal and revenue locaton areas.The First Amendment being cor, s,dered fo adoption contains a previously adopted revenue allocation financing provision pursuant to the Local Economic Development Act,Chapter 29,Title 50,Idaho Code,that will c ontirmne to cause property ta,es resulting from a n y more a se in=ized aastigenses1s,al-tion in­Oes s of the e.al,,ed as 'd aln to hO*n on the base a=em r.orlblans of January 1,2002, be alloca t d to the a renewal purposes.The Agency ha s adopted and recom- mended approval of the First Amendment. T e First Amendment to the Plan shall dear—the follow- ing area from the misting Downtown District Project Area: An area consisting of appro,imately 16 acres of nderde- slop ed land an d right-of-way near the Citys downtown core and is generally In 0 muded by E.Idaho Avenue to the north,E. Th i car Street to the east,a portion of the railroad right-of-way to the s outh an d N Ma in Street to the west,and as more par- hou larly described in the First Ame name nt to the Plan and depicted in the shaded parcels in Map,below J 11674 Copies ofthe prop sed First Amendment are on file for p ublic inspection and copying at the office of the C ty Clerk, Meridian City Hal 1'33 E B road e of Fw oy A,nue,Meridian,Idaho, 83642 between the hours o'clock a.m.and 4 00 d- clock p.m.,Monday through Friday,-clusive of holidays. The proposed First Amendment can also be accessed online at http�//bit.l�/Union District.For additional assistance in ob- far ding a copy of the written in a terials,contact the office of the City Clerk at 208-888-4433. At the heari ng date,time,and place noted above(June 2, 2'r2l�at 6 00 p.tri per ons interested in the above mat- te s ay a OF ar a be heard.Because social distancing or- ders may be in effect at the time of the hearing,written testi- mony is encou ged.Written testimony must be s ubm fted at least five wo n 9 days prior to the hearing.Oral testimony ma y be limited to virtual(internet)or telephonic means,and may be I imited to three minutes per person Information on accessin g the meeting remotely and participating in the virtu- al meeting can be found at www.meridiari 0 ra under the "Virtual Meeting Information"tab.Additional mormat,on re- garding providing testimony in compliance with any social distancin g orders in effect may be obtained by calling 208- 888-4433 or by email at citvclerk@meridiancitv.ora. Meridian City Hal I is accessible to persons with disabilities. All infor mation presented in the hearing shall also be avail- able upon advance request in a form usable by persons with h earin g or visual impairments,individuals with other disabili- ties may receive assistance by contacting the City 24 hours prior to the hearing. DATED April 16,2020. Chris Johnson,City Clerk Meridian City Council Meeting Agenda May 26,2020— Page 356 of 616 April24,2020 20092J NOTICE OF REGULAR MEETING AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO TO CONSIDER THE FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN, URBAN RENEWAL PROJECT OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, ALSO KNOWN AS MERIDIAN DEVELOPMENT CORPORATION NOTICE IS HEREBY GIVEN that on Tuesday,June 2, 2020, at 6:00 p.m. in City Council Chambers, Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho, the City Council of the City of Meridian, Idaho ("City")will hold, during its regular meeting, a public hearing to consider for adoption the proposed First Amendment to the Meridian Revitalization Plan Urban Renewal Project("First Amendment"), concerning the existing Meridian Revitalization Plan Urban Renewal Project Area ("Downtown District Project Area") of the Urban Renewal Agency of Meridian, Idaho, also known as Meridian Development Corporation ("Agency").The general scope and objective of the First Amendment is the deannexation of certain parcels from the boundaries of the existing Downtown District Project Area.The proposed reduction in the boundary of the existing Downtown District Project Area is hereinafter described. The boundary includes both urban renewal and revenue allocation areas.The First Amendment being considered for adoption contains a previously adopted revenue allocation financing provision pursuant to the Local Economic Development Act, Chapter 29,Title 50, Idaho Code,that will continue to cause property taxes resulting from any increase in equalized assessed valuation in excess of the equalized assessed valuation as shown on the base assessment roll as of January 1, 2002, to be allocated to the Agency for urban renewal purposes.The Agency has adopted and recommended approval of the First Amendment. The First Amendment to the Plan shall deannex the following area from the existing Downtown District Project Area: An area consisting of 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, and as more particularly described in the First Amendment to the Plan and depicted in the shaded parcels in Map, below: REVENUE ALLOCATION BOUNDARY OF THE MERID1AN URBAN RENEWAL PROJECF DE-ANNEXATION PARCEL MERID]AN,IDAHO W CHERRY LN E FAIRVIEW AVE Z Z LINE BEARING DISTANCE LI N 00-3311"E 639.69' > LZ 5 86-4224-E 380.05' > Z Z L3 N 00-33'15"E 336.24' L4 5 Sr36'29"E 464.82' LS S01-21' 'W 978.24' L6 N 88'30'19"W B31.04' m M M Z M W PINE AVE E PINE AVE M W IDAHO AVE L4 W BROADWAY AVE -L-271 Pole RAIL ROAD 16 �,0�w 12 W FRANKLIN RD - E FRANKLIN RD 13 18 M > > Z Z s IIA74 BENG NTS INTERSTATE 84 PROJECT: OVMER/DEVELOPER: 2030S.WASHINGTONAVE. DING URBAN RENEWAL DISTRICT EMMEFr,ID 83617 120018-EX BILL TRUAX P: PROJECT# DE-ANNEXATION A.&- F..J,208)398-8104 MERIDIAN,ID 208)398-8105 120018 SEC, 7 & 18, T3N, RlE, B.M. 208-914-6131 SEC, 12 & 13, T3N, RM B.M. DATE.. --�54MO-or" SWE-ET 1127/20 ww.--;Aw-rooTHLs.com 1OF1 Copies of the proposed First Amendment are on file for public inspection and copying at the office of the City Clerk, Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho, 83642 between the hours of 8:00 o'clock a.m. and 4:00 o'clock p.m., Monday through Friday, exclusive of holidays.The proposed First Amendment can also be accessed online at httos://bit.Iv/U No n District. For additional assistance in obtaining a copy of the written materials, contact the office of the City Clerk at 208-888-4433. At the hearing date,time, and place noted above (June 2, 2020, at 6:00 p.m.), all persons interested in the above matters may appear and be heard. Because social distancing orders may be in effect at the time of the hearing,written testimony is encouraged.Written testimony must be submitted at least five working days prior to the hearing. Oral testimony may be limited to virtual (internet) or telephonic means, and may be limited to three minutes per person. Information on accessing the meeting remotely and participating in the virtual meeting can be found at www.meridiancity.org under the "Virtual Meeting Information"tab.Additional information regarding providing testimony in compliance with any social distancing orders in effect may be obtained by calling 208-888-4433 or by email at cityclerk@meridiancity.org. Meridian City Hall is accessible to persons with disabilities. All information presented in the hearing shall also be available upon advance request in a form usable by persons with hearing or visual impairments, individuals with other disabilities may receive assistance by contacting the City 24 hours prior to the hearing. DATED:April 16, 2020. Meridian City Council Meeting Agenda Me Chris Johnson, City Clerk Publication date: Idaho Statesman May 1, 2020. RECEIVED Idaho Statesman mAy 2.. Keeping you connected I IdahoStatesman.com C I TY OF aWERQ, CITY CLERKS OFFICE AFFIDAVIT OF PUBLICATION Account# Ad Number I Identificat! n PO I Amount I cols 262513 0004629399 tice-Deannexation Plan-Idaho S $374.00 3 15.00 In Attention: Adrienne Weatherly AMBAR LIZARRAGA,being duly sworn,deposes and says:That she CITY OF MERIDIAN -LEGAL is the Principal Clerk of The Idaho 33 E BROADWAY AVE SUITE 308 Statesman,a daily newspaper printed MERIDIAN, ID 836422619 and published at Boise,Ada County, State of Idaho,and having a general circulation therein,and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice,a copy of which is attached hereto:that said notice was published in The Idaho Statesman,in conformity with Section 60-108,Idaho Code,as amended,for: Insertions Beginning issue of. 05/01/2020 d' I f 05/01/2020 ,En Iro issue o (Legals Clerk) On this 1st day of May in the year of 2020 before me,a Notary Public, personally appeared before me Ambar Lizarraga known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly sworn, declared that the statements therein are true,and acknowledged to me that she executed the same. 0: LJ1 ANota IPubiric in and for the state of Texas,residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroyl Meridian City Council Meeting Agenda May 26,2020— Page 358 of 616 NOTICE OF REGULAR MEETING AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO TO CONSIDER THE FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN,URBAN RENEWAL PROJECT OF THE URBAN RENEWAL AGENCY OF MERIDIAN,IDAHO,ALSO KNOWN AS MERIDIAN DEVELOPMENT CORPORATION NOTICE IS HEREBY GIVEN that on Tuesday,June 2,2020,at 6:00 p.m.in City Council Chambers,Meridian City Hall,33 E.Broadway Avenue,Meridian,Idaho, the City Council of the City of Meridian,Idaho("City")will hold,during Its regular meeting,a public hearing to consider for adoption the proposed First Amendment to the Meridian Revitalization Plan Urban Renewal Project("First Amendment'), concerning the existing Meridian Revitalization Plan Urban Renewal Project Area ("Downtown District Project Area")of the Urban Renewal Agency of Meridian,Idaho, also known as Meridian Development Corporation("Agency").The general scope and objective of the First Amendment Is the deannexation of certain parcels from the boundaries of the existing Downtown District Project Area.The proposed reduction In the boundary of the existing Downtown District Project Area is hereinafter described. The boundary includes both urban renewal and revenue allocation areas.The First Amendment being considered for adoption contains a previously adopted revenue allocation financing provision pursuant to the Local Economic Development Act, Chapter 29,Title 50,Idaho Code,that will continue to cause property taxes resulting from any increase In equalized assessed valuation in excess of the equalized assessed valuation as shown on the base assessment roll as of January 1,2002,to be allocated to the Agency for urban renewal purposes.The Agency has adopted and recommended approval of the First Amendment. The First Amendment to the Plan shall deannex the following area from the existing Downtown District Project Area: An area consisting of 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,and as more particularly described In the First Amendment to the Plan and depicted In the shaded parcels in Map,below: REVENUE ALLOCA77ON BOUNDARY OF THE MERIDIAN URBAN RENEWAL PROJECT" DE-ANNENAT70N PARCEL MERIDIAN,IDAHO WPIREAVil E,R�A� R. V—ATDA�. .8FQnVAYAVE FLO -U, RAIL ROAD !051 —12 E FRAR-N RD 11 74 A "is 11TERSTATEM ""77 fC 2030 S tVA1H1N-1111A11E, URBAN RENEWAL DISTRICT jAT IETT,1183617 -"I"FRX A, ,20V 398-8104 DE ANNEXATIONTIN ��I D F.�208 SEC,7&18,TY4,RIE, 396-8105 SEC,12&13.T3N,R1W,B.M. A—J t WWVVS*VR00THL5,C0AI I OF I Copies of the proposed First Amendment are on file for public inspection and copying at the office of the City Clerk,Meridian City Hall,33 E.Broadway Avenue, Meridian,Idaho,83642 between the hours of 8:00 o'clock a.m.and 4:00 o'clock p.m., Monday through Friday,exclusive of holidays.The proposed First Amendment can also be accessed online at hitys;//bItty/UnlonDistrict.For additional assistance in obtaining a copy of the written materials,contact the office of the City Clerk at 208-888-4433. At the hearing date,time,and place noted above(June 2,2020,at 6:00 p.m.), all persons interested in the above matters may appear and be heard.Because social distancing orders may be In effect at the time of the hearing,written testimony Is encouraged.Written testimony must be submitted at least five working days prior to the hearing.Oral testimony may be limited to virtual(internet)or telephonic means, and may be limited to three minutes per person.Information on accessing the meeting remotely and participating in the virtual meeting can be found at www.meridiancity.org under the"Virtual Meeting Information"tab.Additional Information regarding providing testimony In compliance with any social distancing orders In effect may be obtained by calling 208-888-4433 or by email at cityclerk@meridiancity.org. Meridian City Hall Is accessible to persons with disabilities.All information presented In the hearing shall also be available upon advance request In a form usable by persons with hearing or visual Impairments,Individuals with other disabilities may receive assistance by contacting the City 24 hours prior to the hearing. DATED:April 16,2020. Chris N1mNdArcQityeQou ncil Meeting Agenda May 26,2020— Page 35 of 616 Publication date:Idaho Statesman May 1,2020. [1 Exhibit 3 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN, IDAHO, VALIDATING CONFORMITY OF THE FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN WITH THE CITY OF MERIDIAN'S COMPREHENSIVE PLAN Meridian City Council Meeting Agenda May 26,2020— Page 360 of 616 FIRST AMENDMENT TO THE MERJIDIAN 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 .12020 Effective 2020, publication FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT- I Meridian City Council Meeting Agenda May 26,2020— Page 361 of 616 BACKGROUND This First Amendment ("First Amendment") to the Mefidian Revitalization Plan Urban Renewal Project(the "Plan") deannexes certain parcels fi-om the plan ayea/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 ten-ninates 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 Urban Renewal Agency of the City of Meridian, Idaho, also known as the Meridian Development Corporation (the "MDC") will cease receiving an allocation of revenues from the deannexed parcels, 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 dealinexed 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. House Bill 606, effective July 1, 2016, amended die Local Economic Development Act, Chapter 29,Title 50, Idaho Code, as amended (the"Act") firmly establishing"[flor 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(l)(a)(fli). This highlights the legislative support for these types of amendments, AMENDMENTS TO THE PLAN I, 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 througl-iout 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 Attachment 5A" except where specifically referenced in this First Amendment. FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT- 2 Meridian City Council Meeting Agenda May 26,2020— Page 362 of 616 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 I Legal Description of the Project Area and Revenue Allocation Area Boundaries Attachment I A Legal Description of the Boundary of the Deannexed Area Attactunent 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 I A); Project Area-Revenne Allocation Area Boundary Map (Attachment 2); Boundary Map of the Deannexed Area (Attachment 2A); 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). FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT- 3 Meridian City Council Meeting Agenda May 26,2020— Page 363 of 616 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 ffirther described and shown in Attachillents 1, IA, 2 and 2A. 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 "DESCRTPTION OF PROJECT AREA" is deleted and replaced as follows: DESCRIPTION OF THE AMENDED PROJECT AREA The boundailes 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. MDC has all existing agreement with Ada County related to such parcels. The First Amendment has no impact on that agreement. Pursuant to the First Amendment, the bouridaries of the deannexed area is described in the Legal Description of the Boundary of tile Deannexed Area in Attachment IA and are shown on the Boundary Map of the Deannexed Area in Attachment 2A. FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT- 4 Meridian City Council Meeting Agenda May 26,2020— Page 364 of 616 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) Sectio-in 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. 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 anew sentence at the end of the third paragraph tp as follows: Attachment 5A includes the estimated financial impact to MDC as a result of the deannexation of certain underdeveloped parcels fi-orn the existing Project Area. Based on the FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT- 5 Meridian City Council Meeting Agenda May 26,2020— Page 365 of 616 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 dearinexation 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 Plail 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 Dean-nexed 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 May 26,2020— Page 366 of 616 Attachment IA Legal Description of the Boundary of the Deannexed Area Meridian City Council Meeting Agenda May 26,2020— Page 367 of 616 5awtooth Land Surveyinqj, , LLC F: (205) 395-5104 f: (208) 395-5105 �007 2030 5. Wa5hinc�ton Ave., Emmett, 11) 83G 17 De-Annexation & Annexation Legal Description for Union District A tract of land consisting of approximately 15.90 acres being a portion of Section 7, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Section Corner common to Sections 12 and 13 of Township 3 North, Range I West and Sections 7 and 18 of Township 3 North, Range I 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 I/I 6th Corner on said section line; thence North 53'0 1'09" 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 88'3 8'29" 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 ['21'54" West, coincident with said easterly right of way of E. 3rd St., 978.24 feet to said southerly right of way of Union Pacific Railroad; thence North 881130'19" West, coincident with said southerly right of way of Union Pacific Railroad, 831.04 feet to the POINT OF BEGINNING. 1157 OF SEA Meridian City Council Meeting Agenda May 26,2020— Page 368 of 616 Attachment 2A Boundary Map of the Deannexed.Area Meridian City Council Meeting Agenda May 26,2020— Page 369 of 616 REVENUE ALLOG4TION BOUNDARY OF THE MEPJDL4N URBAN RENEWAL PROJECT DE-ANNEX4TION PARCEL MERJDL4N, IDAHO W CkERRY'LN E FAIRVIEVVAVE LINE BEAR11VG D15TANCE 1-1 N 00033'11"E 639.69' L2 S 8804224"E 380.05' > L3 N 00033'15"E 336,24' L4 5 88938'29"E 454.62' LS S 01021'54"W 978.24' L6 N 88030'19"W.631.04' m m m WPINEAVE E PINE,AVE L4 W IDAHO AVE L2 W BROADW�,Y AVE Ln ................ ............ ..........-.............. .......... RAIL ROAD L16 A 1-2, 7 W FRANKLIN RD E FRANKLIN RD 13 t18 1326.12' U) m L Z 11574 ;14 OF BEXG NITS INTERSTATE84 PROJECT., OWNERIDEVELOPER., 2030 S. WASHINGTON AVE. DWG# URBAN RENEWAL DISTRICT BILL TRUAX EMMETT ID 63617 120018-EX DE-ANNEXATION MERIDIAN,ID. I QL P: (208)398-8104 PROJECT# SEC, 7 & 18, T3N, RlE, B.M. 2G8-914-6131 —5 F: (208)398-8105 120018 OWF007- SEC, 12 & 13, T3N, R1W, B.M. SHEET IN�-- ,�/27/20 407J5U1'vCY1W,Z-1-G WWW.SAWTOOTHLS.COM 1OF1 Meridian City Council Meeting Agenda May 26,2020— Page 370 of 616 UNION DISTRICT CITY OF MERID14N, ADA COUNTY, IDAHO E PINE AVE z z m m m K Nj > z z > z S8803829"E 464.8�' ................................. .. E IDAHO AVE .................. ....... ...... ........... ..... ... ............. ................ . LUI...'�'...�.......��.I.I....,...,.I..... ..................... .. Ln ....... .................................... ........... ..... ........... ......................... ................ ........... ................................ .. ............ ... ...... ................................ ........... .......... ... ........................................ F.- ........... S 604224"E 380,05' ...... ....... ....... ..... ........................... ... ............. ..... .. ....... E BROADWAY AVE ......... . ......... ....................... ...................... ...................................................................... ..................... ................. ..................................... ...... ..................... ........................................ . .. .........- ................. ... ........... ................... ............ �t "�Mff............................... ... ................. ........................... ........... . ............ .......... ........ .......... ..................................................... .... . ... . ........... ......... . ................................ --1. .11-11-1 ........... ........... .... ........ ................................................................... .... ......................... (A ............... ............................. ............ V.-4.-.-'�- I.-.--.-.-,-.-.-.- ................... . ........... ............................ LU ..... . ..... ............................... ... .. ......=-;'� ............ .. ...... ..... .......... ..... ...... ........................ ........... -1-11.11:m-- � .1. ." I I I.. . ...... ................... .......... ........... ......................................... ............................................................... .........................I...........--................................................................. ................ ....................... ............... ..................... ............ ............ ............%..=............ ........................... .................. ....... .............. ................. ............... .............................................. ................ .............................................................. ............................................... ........ ............. ................ ............ ............ . ................ ....................................'. .................. N 0130'19"W MT 1Z ,41v �ILU 1.4 I t574 0 CO? 2� FRANKLIN RD 89932'43"W 1 1328J2' 13 18 BEXG NITS PROJECF: OWNERIDEVELOPER: 2030 S. WASHINGTON AVE. DING UNION DISTRICT BILL TRUAX EMME7,ID 83617 12001 S-EX ANNEXATION EXHIBIT P., (208)398-8104 PROJECr# i MERIDIAN,10. F. (208)398-8105 120018 SEC, 7, T3N, RIE, 6,M, 208-914-6131 ADA COUNTY, IDAHO QA TE1 SHEEr 212020 1-01bl-�511A'1-111V,I-Z-G WWW.SAWT0OTHLS,C0M, 1 OF 1 Meridian City Council Meeting Agenda May 26,2020- Page 371 of 616 Attachment 5A Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2020 Deannexation 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 so so so R5672000870 Meridian Free Library District $0 so so R7596000080 City Of Meridian $0 $0 so R7596000075 City Of Meridian so $0 so R7596000065 City Of Meridian so $0 so R7596000092 Meridian Development $0 so so Corporation R7794650100 Second&Broadway so $0 so Condominium Owners Association R7794650200 COMPASS $0 R7794650300 Valley Regional Transit so so So R7794650400 Valley Regional Transit so $0 so R7794650506 COMPASS so $0 so Total Publicly Owned so $0 $0 P rivat2.1_y Owned Taxable Parcels S1107325600 $6,805.92 $9,325.84 $16,131.76 Oregon Short Line R R Co S1107325700 S3,858.81 $1,934.81 S5,793.62 Oregon Short Line R R Co R7596000546 $686.75 S784.96 $1,471.71 Oregon Short Line R R Co R7596000545-A so $0 So Oregon Short Line R R Co Total Tax Obligation-Private $11,351.48 $12,045.61 $23,�97-09 2019 Incremental Re-venue loss to MDC as a result of De-annexation �Minirnal De-annexa�on) I . . I .. .1 =--- ---------- Source., Ada County Assessor Reci)rds 4851-4344-7734,v.3 Meridian City Council Meeting Agenda May 26,2020— Page 372 of 616 Exhibit 4 SUMMARY OF ORDINANCE NO. Meridian City Council Meeting Agenda May 26,2020— Page 373 of 616 E IDIAN,-- Community Development Dept. Meridian City Hall, Suite 102 Community Development IDAHO 33 E. Broadway Avenue Department Meridian, Idaho 83642 MEMORANDUM DATE: May 20,2020 TO: Mayor Simison and Meridian City Council Members FROM: Cameron Arial, Community Development Director RE: Urban Renewal Deannexation and New Union District Plan Background Dear Mayor and Members of the City Council, In partnership,the City and Meridian Development Corporation (MDC)continue to advance downtown revitalization efforts according to the City's Strategic and Comprehensive Plans and MDC's Destination Downtown plan. Below is a brief summary of this significant step in accomplishing these plans:the First Amendment to the Meridian Revitalization Plan ("Amendment") providing for the cle-annexation of 15 parcels from the original downtown urban renewal plan; and the new Union District Urban Renewal Plan ("Plan").We felt this would be helpful to bring you up to speed and aid in your evaluation of the proposal. The May 2611,2020 meeting and this memo is to inform the Council of past context,communicate pertinent information,and to aid the Council in its preparation for the official public hearing scheduled for June 2,2020. Final City Council action is to be taken on June 9, 2020 after the public hearing. HistorV The City and MDC are pursuing the creation of a new 16-acre urban renewal district in downtown Meridian to generate needed economic opportunities for the entire community and upgrade critical infrastructure. The City and MDC have been working to accomplish key initiatives of the City's Strategic and Comprehensive Plans and MDC's Destination Downtown revitalization plan for quite some time. Last year an RFP for a downtown development concept was broadly distributed in an effort to redevelop City-and MDC-owned properties between Idaho and Broadway and 2nd and 3rd Streets, known as the Civic Block.A third party developer(Galena Opportunity Fund)was unanimously selected and approved by both the City Council and MDC Board to assist in the redevelopment of the properties in a true Public Private Partnership.The developer proposed to harness the tax increment financing(TIF) revenues of urban renewal from their conceptual project on the Union Pacific properties to the south and channel those revenues to public improvements to accomplish many of the City's and MDC's strategic goals.This was the genesis of the proposal before you. Current Advancements Since then,the City and MDC have been moving forward to make the proposal a reality.A major part of the process is the cleannexation of the proposed properties from the existing urban renewal district and the creation of a new district encompassing those properties. Urban renewal districts are designed to help alleviate blight, encourage economic vibrancy,spur private investment, and fund important public infrastructure improvements.The Civic Block area being considered is the most underdeveloped part of downtown Meridian.The area could greatly benefit from upgrades to the sidewalks, community lighting,water and sewer lines and roads to name just a few needs. Currently, it sits within the existing urban renewal district. However,with only six years left until the existing district expires, more time is needed to generate the necessary TIF revenues to fully redevelop and tackle needed public infrastructure improvements. 33 E. Broadway Ave, Mericli%[�,8381,,2 - PhQM 208-8�4-5g�3�- F2V JOP688E-68 -lni�-mericliancity.org n an i y Cound eeting Agen a ay , — Page5N 0 Third party consultants funded at the expense of the developer have conducted an eligibility assessment of the properties and have found that they meet the requirements for inclusion in a new district.Their report was reviewed and accepted by the MDC Board.The City Council approved the Eligibility Report on March 10, 2020.The City Council reviewed the draft Amendment and proposed new Union District Plan at its March 17,2020 meeting, referring the documents to the Planning and Zoning Commission as required. The Planning and Zoning Commission adopted Resolution No. 20-01,validating conformity of the Amendment and Resolution No. 20-02,validating conformity of the Union District Plan with the City's Comprehensive Plan.The staff analysis presented to the Commission is attached. This is the first of three required readings of Ordinance No. 20-1881 approving the Plan Amendment and Ordinance No. 20-1882 approving the Union District Plan. STAFF ANALYSIS Legal staff has reviewed State Code and confirms that the process has followed statutes, including the required distribution of both documents to all affected taxing entities. Amendment The Amendment is required to cle-annex the 15 properties first identified in the Eligibility Report.The annual revenue loss TIF is estimated at$12,000.The annual revenue gain from any future redevelopment will greatly exceed this base amount. Union District Plan The economic feasibility study estimates total tax increment revenue of$16,286,436 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% • 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(Attachment 5.1). REFERENCE See the attached URD FAQ document and the Urban Renewal 101 from the consulants for further background on Urban Renewal and how it works. Sincerely, Cameron Arial, MPA, Ph.D. Community Development, Director 33 E. Broadway Ave, Meridizp,[�,8381,,2 - PhQM 208-8�4-5g�3�- F2V J&HE-68 -\",�.mericliancity.org n an i y Cound eeting Agen a ay , — PagVN 0 URBAN RENEWAL DISTRICTS r-uUENTLY ASKED QUESTIONS What is an Urban Renewal District (URD)? An Urban Renewal District is a Tax Increment Finance (TIF) tool that helps fund public infrastructure to support redevelopment (downtown), bare undeveloped land that is infrastructure challenged (business/industrial parks) and brownfield development (industrial site). Tax Increment Financing: when a URD is put THE BASE... THE INCREMENT... into place, property tax revenues begin to be The money that is collected Any increase in revenues based on increased separated into two groups —the base and the based on the value of property values within the urban renewal district properties within the from the time the district is created until it is increment. Once the District sunsets, increased boundaries of the urban closed.The increment is then used to reimburse annual incremental revenues are placed on the renewal district at the time the a developer or other proponents for building and new construction roll for taxation. district is formed, creating public infrastructure that is accepted by .1 the City. TAX INCREMENT FINANCING GRAPH 2 TAX INCREMENT FINANCING GRAPH 1 Pori M Tax Increrorent 5600,00003 $500,00000 5700 100 00 --71 ilReplarpropedylax Wo non no 8 6401J.D00 00 :9io non no SMID.D00 Oil Sk4Q $400 rim no F-I n 7--7.n, 121111,111�.0 1.0 "10,000 00 IETaxes $200,0013 00 $100,01 5100,01 S- OW 5- 1 3 5, 7 1 1 1 5 6#7 8 9- 11 12 1�11 1 13 Year This graph shows how increased revenues would look Money that funds regular taxing entities.After year ten for taxing districts without a TIF (or whatever the life of the district may be),most of the Without a TIF,many areas see no major development increased revenue flows back to the taxing districts. for many years These funds open up an option for decreased levy rates and subsequent tax burden when a district closes How would creating a URD affect the properties within the area? 1 Help with Blight and Infrastructure Challenges —A City with an area that struggles to redevelop because of blight, deteriorating buildings, or a lack of infrastructure can utilize Urban Renewal to invest in specific districts. It is one of the only tools available to cities to help fund public infrastructure improvements. 2. Funded by Property Tax Increment— Establishing an URD doesn't raise property taxes. Over time if redevelopment happens, the property values increase. As they increase, the new tax revenue (that wouldn't have been there if not for urban renewal) is re-invested in the URD. 3. District Plan — Cities follow a District Plan and can only work on projects outlined within that plan. Once the URD sunsets, increased annual incremental revenues are placed on the new construction roll for taxation. R A- City Council Meeting Agenda Page 376 of 616 C How is the boundary of the URD determined? The boundary of a URD is determined by examining areas of the City that are prime for redevelopment (downtown) or development (future business and/or industrial areas). These areas will be evaluated to determine eligibility. Eligibility criteria, per Idaho Code, includes deteriorating buildings or sites, defective street layouts, faulty lot layout, insanitary or unsafe conditions, diversity of ownership, tax delinquency, defective and unusual conditions of title, or endangerment of life or property. An additional eligibility requirement is that the combined base assessment rolls of district(s) must be below 10 percent of the current assessed valuation of all taxable property within the City. Does a URD take money away from other local government services? A URD/TIF does not raise taxes or affect impact fees. Where economic disinvestment is evident and revitalization is essential the taxing districts of local government (schools, emergency services, etc.) receive all revenue to which they are entitled under state law and applicable budget and levy limits (base). Is the URD going to increase taxes? Mostly likely NO. Property taxes are not increased when a URD is formed. Assuming the redevelopment activities result in growth that would not have occurred otherwise, the URD's activities help raise property values within Meridian's renewal district(s) at a faster rate than Meridian as a whole. This translates into a more valuable property for the owner and in turn, more tax revenue in the district. That said, rising levy rates are a function of increasing budgets, voter approved bonds/levies and lower taxable value. For example, if there is significant new construction occurring outside the RAA, then levy rates could be lower even with existing project areas. See Tax Increment Financing Graph 1 and Graph 2. What projects andlor improvements are anticipated? Urban renewal districts are formed in areas that are often in need of additional public infrastructure for support of schools, police, housing, roads, utilities, etc. Anticipated improvements may include but are not limited to streets, sidewalks, public utilities, water, sewer, irrigation, lighting, etc. 6JMWjW City Council Meeting Agenda May 26,2020— Page 377 of 616 URBAN RENEWAL 101 (IN IDAHO) : AUTHORITY, OVERSIGHT, AND IMPLEMENTATION Presented by Ryan P. Armbruster and Meghan S. Conrad Elam & Burke, PA April23, 2020 URBAN RENEWAL AGENCY AUTHORITY STATUTES m LIMITATIONS m POWERS m FINANCING Meridian City Council Meeting Agenda May 26,2020— Page 379 of 616 Urban Renewal Agency Authority • Local Economic Development Act, Title 50, Chapter2g, Idaho Code • Idaho Urban Renewal Law of 3-965, Title 50, Chaptei- 20, Idaho Code • Idaho Constitution—ArticleVIII, 5 4, Art. XII, 5 4 • Separate and distinct legal entity with independent authority—Yick Kong v. BRA, (entirely lay person board) Hart v. Rexburg URA (mix of lay persons and council members). These two Idaho Supreme Court decisions also authorize urban renewal agencies to incur long term debt without the necessity of a public vote (2/3 majority) as required of other public entities- Article VIII , § 3 of the Idaho Constitution. • Models throughout the state vary widely; though after HB6o6 (2o3-6), models should become more uniform, mix of lay appointees and elected officials; but latter cannot constitute a majority. 3 Meridian City Council Meeting Agenda May 26,2020— Page 380 of 616 r�7,�ry-, -,t�t.4, Limitations On Urban Renewal Agencies An urban renewal agency is constitutionally prohib Ited from funding real property improvements to privately owned property (which includes non- profit entities) and granting funds to private entities (again, including non- profit entities). An urban renewal agency can fund real property improvements to real property owned by another public entity (either local, state, or federal) and may grant funds to another public entity. Urban renewal agencies may only expend public funds forthe benefit of the public. The agency should be very cautious in considering funding improvements to private property or formally participating with private entities as a partner, joint venture, etc. Funding could be ultimately deemed a loan or grant or gift of public funds to the private property owner and thus a violation of the Idaho Constitution . [Art. VIII, 5 4, Art. XII, 5 4, Idaho Constitution] Meridian City Council Meeting Agenda May 26,2020— Page 381 of 616 Limitations, Continued • Idaho does not permit its urban renewal No county, city, town, township, board of agencies to grant tax money to private education, or school district, or other interests for development or to lend its subdivision, shall lend, or pledge the credit credit to back loans to private interests. or faith thereof directly or indirectly, in any manner, to, or in aid of any individual, association or corpor for any amount or for any purpose whatever, or become responsible for any debt, contract or liability of any individual, association or corporation in or out of this state. • NOTE —The application of Art. VIII, 5 4 to Idaho Constitution Art. 8 urban renewal agencies has never been added). 4 (emphasis specifically interpreted by the Idaho Supreme Court. Meridian City Council Meeting Agenda May 26,2020— Page 382 of 616 Limitations, Continued e The Idaho Supreme Court has held the purpose behind Art. VIII, 5 4 of the Idaho Constitution is to prevent private enterprises from gaining any competitive advantage at the expense of the taxpayers . • An urban renewal agency must demonstrate thatTIF funded improvements were primarily beneficial to the public . • If actions challenged as unconstitutional, the agency could face a substantial risk of costly litigation and potentially an award of costs and attorney fees . 6 Meridian City Council Meeting Agenda May 26,2020— Page 383 of 616 Limitations, continued • A second constitutional provision also No county, town, city, or other municipal addresses limitations on a public corporation, by vote of its citizens or entity to provide a donation, raise otherwise, shall ever become a money, loan its credit, or aid any stockholder in anyjoint stock company, company or associated : corporation or association whatever, or raise money for, or make donation or loan its credit to, or in aid of, any such company or association: provided, Idaho Constitution, Art. 12, § 4. • Attorney General Opinion No. 95-07 regarding loaning state employees to the United Way to assist in its annual fundraising campaign Meridian City Council Meeting Agenda May 26,2020— Page 384 of 616 7 What Powers Do URNs Have ? Consistent with the urban renewal plan, to: • Construct/reconstruct streets, utilities ar�ks, recreation facilities, off-street parking and public facilities, public buildings and ot'�e r improvements. • Acquire and dispose of property or buildings. • Improve, renovate, clear and prepare for redevelopment properties or buildings. • Acquire property to eliminate unsanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to public welfare. • Invest and borrow money, issue bonds, and accept loans and grants. • Work cooperatively with other public entities. • Facilitate Local Improvement Districts (LIDs) and Business Improvement Districts (BIDs). • Potential lease conduit financing in appropriate circumstances. Greater Boise Auditorium District v. Frazier Meridian City Council Meeting Agenda May 26,2020— Page 385 of 616 Authorized Activities under the Law and the Act • Urban Renewal Project as defined by the Idaho Urban Renewal Law of 1965 (the "Law"') and • Projector Urban Renewal Project as defined bythe Local Economic Development Act (the "Act") • The definition of "urban renewal project" contained in the Law is nearly identical to the definition contained in the Act • The definition of 1%project costs" Meridian City Council Meeting Agenda May 26,2020— Page 386 of 616 The Act : Title 5o, Chapter 29, Idaho Code (,1.3) "Project" or "urban renewal p ro'ectil or (a) Acquisition of deteriorated area... competit�ively disadvantaged borde r areas may include undertakings and activities of a (b) Demolition and removal of buildings. .. municipality in an urban renewal area for the (C) Installation construction or elimination of deteriorated or deteriorating I I areas and for the prevention of the reconstruction of streets... development or spread of slums and blight (d) Disposition of any property... and may involve slum clearance and redevelopment in an urban renewal area or (e) Carrying out plans for...repair... rehabilitation or conservation in an urban' renewal area, or any combination or part (f) Acquisition of real property ... to be thereof in accordance with an urban renewal rehabilitated plan. Such undertakings and activities may include: (g) Acquisition of other property ...to eliminate unsafe conditions, etc. ... See also — /.C. 50-2018(10) (h) Lending or investing federal funds... (i) Construction of foundations... 10 Meridian City Council Meeting Agenda May 26,2020— Page 387 of 616 The Law : Title 50, Chapter 29, Idaho Code 14) "Project costs" includes, but is not limited to: (d) Professional service costs, including those costs incurred for architectural, planning, • (a) Capital costs, including the actual costs of engineering, and legal advice and services; the construction of public works or i provements, facilities, buildings structures, (e) Direct administrative costs, including and permanent fixtures- the demofition, reasonable charges for the time spent by city or alteration, remodeling, /repair or reconstruction county employees in connection with the of existing buildings, structures, and permanent implementation of a project plan; fixtures; the acquisiiion of equipment and the clearing and grading of land; (f) Relocation costs; • (b) Financing costs, including interest during �g) Other costs incidental to any of the construction and capitalized debt service or oregoing costs. repair and replacement or other appropriate reserves, • (c) Real property assembly costs, meaning any deficit incurred from the sale or lease by a municipality of real or personal property within a revenue allocation district; Meridian City Council Meeting Agenda May 26,2020— Page 388 of 616 Project Financing Options • Pay-as-you-go • Developer reimbursement agreements • Owner participation agreements • Conventional bank loans • Bonds • Note: Often no tax increment available to fund projects on a pay-as-you-go method until at least two years after plan creation . Many projects require infrastructure immediately in order for a project to go — requiring financing of improvements. 12 Meridian City Council Meeting Agenda May 26,2020— Page 389 of 616 Project Financing Options, Continued • Agency decisions regarding project financing are: properly noticed on agendas, decisions are made in open, public meetings, and by agency resolution . • Before financing occurs, there must be a showing the project is economically feasible and a determination that an agency is credit worthy. 13 Meridian City Council Meeting Agenda May 26,2020— Page 390 of 616 How Does Revenue Allocation Financing Work? (Local Economic Development Act) • When a revenue allocation area is formed, property valuation is calculated on a parcel-by-parcel basis. This is the base assessment roll of the revenue allocation area . • Base assessment roll for the geographic area under consideration (or collectively if more than one district) cannot exceed io% of the current assessed taxable value for the entire city. • Due to redevelopment, it is anticipated the property values will rise. If property values increase above the base value, the added value is called the increment. 14 Meridian City Council Meeting Agenda May 26,2020— Page 391 of 616 Revenue Allocation Financing, Continued • Budget for City, County, and other non-school taxi n districts limited to previous year's budget Plus 3%, new construction and forgone. By virtue of amendments in2007, value of new construction within a revenue allocation area is not available to the overlapping taxing districts to increase budget capacity for the duration of the project area. • County Assessor sets property values. • County determines tax rate needed to produce budget submitted by City, County, and other taxing districts. • Tax rates applied to full value of property outside revenue allocation areas; to the base value of property inside revenue allocation areas. • Taxes from the base value go to the taxing districts. • Property tax revenue from the incremental value, if any, goes to the urban renewal ag.ency tor a limited period of time (20year max, except for "grandfathered" projects primarily 24 years). 15 am Meridian City Council Meeting Agenda May 26,2020— Page 392 of 616 Revenue Allocation Financing, Continued • The increment or revenue allocation that goes to the urban renewal agency is used to pay for improvements within the urban renewal area. • An urban renewal agency does not determine property valuation or tax rates. • Funds received by an urban renewal agency for a given revenue allocation area must be spent in that revenue allocation area with limited exception. • Funds are invested in activities that are intended to increase prosperity of the revenue allocation area. • Result is often an increase in property values which would not have otherwise occurred but for redevelopment. • For project areas established after20o8 and voter approvals after2oo8 the urban renewal agency will not receive taxes generated by voter approved leviles, such as general obligation bonds, school district plant facilities levies, and supplemental levies. • Also, no school district emergency levy available to urban renewal agency. 16 Meridian City Council Meeting Agenda May 26,2020— Page 393 of 616 MDC Administers two Project Areas • Downtown District • Ten Mile District Meridian City Council Meeting Agenda May 26,2020— Page 394 of 616 17 PUBLIC OVERSIGHT OPEN MEETINGS m PUBLIC RECORDS m REPORTING REQUIREMENTS Meridian City Council Meeting Agenda May 26,2020— Page 395 of 616 Operating In The Public Eye • Public Record Law — Idaho Code 55 74-1.01A074-1.26 • Open Meeting Law — Idaho Code 55 74-201tO 74-208 • Notice of Meetings —Agendas, Idaho Code 5 74-204 • Executive Sessions —When Authorized, Idaho Code 5 74-2o6 19 Meridian City Council Meeting Agenda May 26,2020— Page 396 of 616 Procurement Rules and Procedures • Title 67, Chapter28, Idaho Code • Public Works Construction Bidding Threshold amounts for both formal and informal bidding processes • Best interests of Agency from $O-$25,000 to $0-$50,000 • Informal bidding from $25,000-$100,000 to $50,0004200,000 • Formal bidding from over sioo,000 to over $200,000 • Public Procurement of Goods and Services Bidding • Best interests of Agency from $O-$25,000 to $0-$50,000 • Informal bidding from $25,000-$50,000 to $50,0004100,000 • Formal bidding from over $So,000 to over s-loo,000 • Idaho Code § 67-2320 - Professional Service Contracts with Design Professionals, Construction Managers, and Professional Land Surveyors • Idaho Code § 54-4511 Construction manager/general contractor 20 Meridian City Council Meeting Agenda May 26,2020— Page 397 of 616 Financial Reporting Requirements : Audit Annual Report Budget and Other Audit and Annual Report - Idaho Code 50-2oo6(c) and (d) Budget 0 Idaho Code 50-2903(5) and 50-3.002; see also 50-2Oo6(d) Central registry and reporting portal (agency and financial information) - Idaho Code § 67-45oE State Tax Commission reporting portal (urban renewal plans) 0 Idaho Code § 50-293.3 Amendment certification Idaho Code § 50-2903A (For plans adoptedpOSt-J U ly 3., 203.6) 21 Meridian City Council Meeting Agenda May 26,2020— Page 398 of 616 IMPLEMENTATION BOARD m CREATION m PLAN m RECENT CHANGES m TAX COMMISSION Meridian City Council Meeting Agenda May 26,2020— Page 399 of 616 Board Composition And Limitations • The agency's Board of Commissioners may have 3 to 9 members, who are appointed by the Mayor and confirmed by the City Council or by County Commission for County urban renewal agencies. • Currently more than 40 Idaho cities have urban renewal agencies. Most of these agencies have one or more City Council members on the Board of Commissioners, but members of the local governing body shall constitute less than a majority of the agency board members. • Many of the agencies are staffed by city employees. 23 Meridian City Council Meeting Agenda May 26,2020— Page 400 of 616 Conf I ict Of Interest Laws • Urban Renewal Law — Interested Public Officials, Commissioners or Employees, Idaho Code 5 50-203.7 • Ethics in Government Act Of 203.5 — Chapter 4, Title 74 * Gifts/gratuities/events • Prohibitions against Contracts with Officers — Chapter 5, Title 74 24 Meridian City Council Meeting Agenda May 26,2020— Page 401 of 616 Ethics in Government Act Of 2015 : Describes the Public Trust and Fiduciary Obligation POLICYAND PURPOSE. It is hereby declared (3) Inform citizens of the existence of that the position of a public official at all personal interests which may present a levels of government is a public trust and it is conflict of interest between an official's in the public interest to: public trust and private concerns; i) Protect the integrity of government (4) Prevent public office from being used for throughout the state of Idaho while at the personal gain contrary to the public interest; same time facilitating recruitment and (5) Prevent special interests from unduly retention of personnel needed within influencing governmental action- and government; 1 (2) Assure independence, impartiality and (6) Assure that governmental functions and honesty of public officials in governmental policies reflect, to the maximum extent functions; possible, the public interest. I.C. 5 74-402 Meridian City Council Meeting Agenda May 26,2020— Page 402 of 616 Ethics in Government : Defines Conflict of Interest A serving board member has an "Conflict of interest"' means any important fiduciary duty to that official action or any decision or entity. recommendation by a person acting The Ethics in Government Act defines in a capacity as a public off Icial, the effect of which would be to the a conflict of interest. private pecuniary benefit of the person or a member of the person's household, or a business with which the person or a member of the person's household is associated . . . . I .C. § 74-403(4) Meridian City Council Meeting Agenda May 26,2020— Page 403 of 616 Ethics in Government : Exception to Conflict of Interest Provision Excep�ions to the conflict of interest When a person is a public official by reason provision: of his appointment or election to a gverncin • Where the actions of the public body orw hg board of a governmental entity rovide a benefit to a certain class of hi t he p e r�on receives no salary or �eople, and a public official happens to fee as compen s ation for his service on said e a member of that class. boa.rd, he shall not be prohibited from hav ing an interest in any contract made or • There is a cle minimis value of goods entered into by the board of which he is a and services that .a public official may mernber, if he strictly observes the receive without violating any of these procedure set out in section i.8-1-36i.A, provisions. Idaho Code. • A specific exception for non- compensated public officials is set out in I.C. 74_405. This exception applies I.C. 5 74-405. only Jen the contract for services has besu 'ect to public bid and the ap ,Xoi ted official submitted the lowest bi Meridian City Council Meeting Agenda May 26,2020— Page 404 of 616 Urban Renewal Law : Contains a Broader Conflict of Interest Prohibition • I.C. � �0-203-7 proh bits board members ...voluntarily acquiring any personal fror-fi fiaving an interest in a contract or interest, direct or indirect, in any urban real property connected to an urban renewal project, or in any property renewal project, whether or not the included or planned to be included in any urban renewal agency itself is a urban renewal project in such municipality contracting party or not. or in any contract or proposed contract in • Provision has not been amended since connection with such urban renewal the Urban Renewal Law was enacted in project. Where such acquisition is not 1.965. voluntary, the interest acquired shall be • Provision likely based on a model act immediately disclosed in writing to the required by HUD to received federal agency and such disclosure shall be funding assistance. entered upon the minutes of the agency. • Provision was likely intended to prevent a board member from investing in real I.C. 5 50-201.7 estate in an urban renewal area. Meridian City Council Meeting Agenda May 26,2020— Page 405 of 616 Urban Renewal Law : Exception to Conflict of Interest Prohibition • There is an exception created for board ...If any such official, commissioner or members that own property in the urban employee pretsrently owns or controls, or ren�ewal project area at the time the owned or con ol led within the preceding member is appointed. two (2) y�ars, any interest, direct or indirect in any property which he knows is • Provision is likely intended to address inclucle� or planned to be included in an those situations of appointing a board urban renewal pro ect, he shall member who may own property within immediately disclose this fact in writing to the urban renewal project area. the agency, and such disclosure shall be entered upon the minutes of the agency, and any such official, commissioner or employee shall not participate in any action .bythe municipality (or board or commission thereof) or urban renewal agency affecting sucl� property. I.C. 5 50-201.7 Meridian City Council Meeting Agenda May 26,2020— Page 406 of 616 Conflict of Interest Under I . C . § 18 - 1359 : Criminal Misdemeanor • Care must be taken that nformation "No public servant shall: obtained in ion as Board (a) Without the specific authorization of the Member beTsucrlopsoZ'tor used wh I ch governmental entity for which he serves, use public funds would benefit you or a person in whose or property to obtain a pecuniary benefit for himself. welfare you have an interest (i.e. family (b) Solicit, accept.or receive a pecuniary benefit as members). payment for services, advice, assistance or conduct customarily exercised in the course of his official duties. This prohibition shall not include trivial benefits not to • Violation of I.C. 1.8-1-359 is a criminal exceed a value of fifty dollars ($50-00) incidental to misdemeanor. personal, professional or business contacts and involving no substantial risk of undermining official impartiality. (c) Use or disclose confidential information gained in the course of or by reason of his official position or activities in any manner with the intent to obtain a pecuniary benefit for himself or any other person or entity in whose welfare he is interested or with the intent to harm the governmental entity for which he serves (dp, Be interested in any contract made b him in his o ficial capacity, or by any body or boaryof which he is a member, except as provided in section 18-136j., Idaho Code. Meridian City Council Meeting Agenda May 26,2020— Page 407 of 616 I.C. SA-1359(1)(a) through (d) 30 How Are Urban Renewal Areas Formed ? • Idaho Urban Renewal Law first adopted in :L965 states there exists in municipalities deteriorating areas which justify the powers conferred by the Act and use of public funds for that purpose. • City Council (or County Commission) must make preliminary finding there are one or more deteriorating areas within city (or county) (or competitively disadvantaged border community) in order to activate an urban renewal agency. • Mayor and City Council (or County Commission) appoint urban renewal agency board members. 31 Meridian City Council Meeting Agenda May 26,2020— Page 408 of 616 Steps to Create a RAA o Designate a study area for potential creation of an urban renewal district Determine whether conditions within the study area meet the criteria established in State Law (Idaho Code 55 50-2903(8), 50-201.8(8) and (9)) and make the requisite findings in an eligibility report IVIDC typically retains independent, third party consultants to review area and prepare study report. Supports credibility of findings. 32 Meridian City Council Meeting Agenda May 26,2020— Page 409 of 616 Definition of Deteriorated Area — I . C . § 50- 2903(8)-see also, I . C. §§ 50- 201.8(8) and (9) "Deteriorated area" means: (a) Any area, including a slum area, in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of d la clation, deterioration, age or obsolescence, inacleya e n or ventilation, light, air, sanitation, or open spaces, high clensit f i pi t rovi sio f V population and overcrowding or the existence of conditions whi endpan e rli eforyroperty by fire and other causes, or any combination of suc ity�factors, is conducive to ill health,transmission of disease, infant mortal juvenile elinquency, or crime, and is detrimental to the public health, safety, morals or welfare. (b) Any area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other im prove me nts, diversity of ownership tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions wkich endanger life or property by fire and other causes, or any combination of such factors, results in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present co ndition and use. (c) Any area which is predominately 9pen and which because of obsolete platting, diversity of ownership, deterioration of structures or improvements or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality.Tke provisions of section 50-2oo8(d), Idaho Code, shall apply to open areas. (d) Any area which the local governing body certifies is in need of redevelopment or rehabilitation as a result of a flood, storm, earthquake, or other natural disaster or catastrophe respecting which the governor of the state has certified the need for disaster assistance under any federal law. (e) Any area which by reason of its proximity to the border of an adjacent state is competitively disadvantaged in its ability to attract private investment, business or commercial development which would promote the purposes of this chapter. (f) "Deteriorated area" does not mean not developed beyond agricultural, or any aqricultural operation as defined in section 22-4502(1 Idaho Code, or any forest land as defined in section 63-1701(4 Idaho Code, unless the owner of-the agricultural operation or the forest landowner ohhe forest land gives written consent to be included in the�Ielterioratecl area, except for an agricultural operation or forest land that has not been used for three (3) consecutive years. 33 Meridian City Council Meeting Agenda May 26,2020— Page 410 of 616 Steps, Continued • Agency Board concurs with the conclusions of the eligibility report and forwards it to the City Council • If the City Council adopts the findings in the eligibility report, then the City Council directs the preparation of an urban renewal plan for the area; plan must include certain information with specificity — see I .C. 50-2905 • Agency prepares and approves the plan and forwards it to the City Council • City Council receives the plan and refers it to the Planning and Zoning Commission for a determination that the plan is consistent with the City's Comprehensive Plan 34 Meridian City Council Meeting Agenda May 26,2020— Page 411 of 616 Steps, Continued • City Council refers the plan to the affected taxing entities and provides at least 30-days notice of the public hearing • Planning and Zoning Commission determines that the plan Is consistent with the City's Comprehensive Plan. • City Council holds public hearing; determines whether to adopt plan and form the revenue allocation area. • City Council adopts the plan, including a revenue allocation financing provision, by ordinance • Those cities/counties that did not already have an urban renewal agency established prior to July 1, 201.3-, must seek voter approval to establish the agency • Generally, the plan approval process takes about 6 months for a clearly defined project; oftentimes can takel.2+ months 35 Meridian City Council Meeting Agenda May 26,2020— Page 412 of 616 Additional Considerations • Must demonstrate that the proposed area and plan of work is financially feasible MDC typically obtains an independent, third-party consultant to prepare the economic feasibility study. Supports credibility of the findings. • Must determine that the combined base assessment value of all existing urban renewal districts and any proposed urban renewal districts does not exceed ].o% of the total city assessed value (taxable value comparison) • Owners of "agricultural lands" and "forest lands"' must provide written consent 36 Meridian City Council Meeting Agenda May 26,2020— Page 413 of 616 Deannexations • Pursuant to Idaho Code 5 50-2903A, deannexations to a RAA do not trigger a re- set of the base assessment roll values. • Deannexations are authorized by statute, but not much more guidance is provided . • The City Council cannot deannex parcels from a RAA without going through the plan amendment process, which includes creation of a plan amendment, new maps/legals, agency recommendation, 3o day notice of the public hearing, transmittal of the plan and attachments to the taxing entities, city council public hearing, and ordinance adoption . • Revenue from the parcels to be deannexed, or the RAA, may be security for an agency obligation requiring lender consent. Meridian City Council Meeting Agenda May 26,2020— Page 414 of 616 37 Deannexations, Continued • County will have to provide information regarding the base and increment values on a parcel by parcel basis • In a cleannexation there are two benefits: i.) full value of the property is available to the taxing districts to be used in the budget-levy setting process; and2) increment value is placed on the new construction roll, which is used to calculate a budget capacity increase (above 3% budget cap). • In order to avoid significant levy swings, it is important for the cleannexation process to be completed (meaning ordinance published, recorded and transmitted) no later than the 4 thMonday of July, which means the process must start early. • Provide the STC with maps/legals as early in the process as possible to avoid issues. Meridian City Council Meeting Agenda May 26,2020— Page 415 of 616 38 Urban Renewal Plan - Generally • A revenue allocation area exists for 20 years (pre-2011 plans grandfathered for longer term Of 24 years) • The urban renewal plan provides the Agency with a process and a basic framework within which to consider and proceed with specific projects • Due to the length of time a plan is in existence, the plan maintains some flexibility to allow the Agency to respond to changing market and economic conditions. Amendments are limited by I.C. 5 50-2o33 and 50-29o3A • Cannot amend plan to extend term beyond max term allowed bylaw • Can amend plan onetime to add geographic area — limited to :Lo% of existing RAA • Permissible to amend plan to add new projects • Plans adoptedpOSt-20i.6 cannot be amended without resetting the base value to current value; limited exceptions 39 Meridian City Council Meeting Agenda May 26,2020— Page 416 of 616 Sample Analysis When Considering a New Project • Is the proposed project within the boundaries of an existing RAA? • Is the proposed project permitted by the Urban Renewal Law or the Local Economic Development Act? Is the proposed project a municipal building or a multipurpose sports stadium complex? Is the proposed project consistent with the urban renewal plan? Is the plan a pre-or-post Julyl, 2o3.6, plan? Is a plan amendment possible or necessary? Is the proposed project within the jurisdictional boundaries of the city? Is the proposed project consistent with the City's comp plan? Does the property at issue have an ag exemption, or has the property been used for ag purposes within the last 3 years? Funding? Meridian City Council Meeting Agenda May 26,2020— Page 417 of 616 40 Property Acquisition • Agency has the authority to acquire property; however, the definition of "urban renewal plan"' in the Law requires identification of property to be acquired by the Agency. See, I .C. 5 50-2oi8(12) • The Agency may acquire property by negotiation or condemnation . See, Idaho Code 5 50-2010. The Agency has the authority to exercise the power of eminent domain subject to the limitations set forth in Title 7, Chapter 7, Idaho Code, specifically I .C. 5 7-70i.A. Meridian City Council Meeting Agenda May 26,2020— Page 418 of 616 41 Property Disposition • Procedures for the disposition of property are set forth in Idaho CodeS 50-203.1. Property cannot be given to a private person/entity/non-profit without going through a competitive bidding process. • Idaho Code § 50-2011(f): Property previously acquired or acquired by an agency for rehabilitation and resale shall be offered for disposition within three (3) years after completion of rehabilitation, or an annual report shall be published by the agency in a newspaper of general circulation . . . listing any rehabilitated property held by the agency in excess of such three (3) year period, stating the reasons such property remains unsold and indicating plans for its disposition. Meridian City Council Meeting Agenda May 26,2020— Page 419 of 616 42 IN THE HOUSE OF;LEPRZ-SZENTATr-jZS 7 si-.all -_razz&:7:� ousiness and shall exercise 4SS n_-L'.,*e::s hereu-.��­ 2 subD*czzorheroclu=ramonzsofsubsec-:�-:n E. ended, 3 tisfaczion of the hQ. 7z"'C _T (b) t A s Amn e n d e d the S an 1 cact the bus_�nem 5 'a 0 --ners to be eszab-7- or t 's 7 es 5 "D -i.d e d rw;.S e t.7-he mayor, by and 'Ca -T. -a A :.f the V g body, shall appc:.. .71NG TO UnRUERMANN RE S -01 0 FQ u n r -&.I n zy,wh-ch shall con _�IONS FOR IF--- MAXEUP OF THE BOARD OF Ca SSIODE ea CES OF AN URBAN 10 n:.-- less than three (3) co=mtss_onors nor more zhaan n-,no (9) co!r- -ZNEWAL AGENCY, TO ALLOK FOR THE ELECTION OF C01-21ISSIONERS, TO R_—JISE 11 s� oners. In the c.rder of apyc-in=ent, the mayor shall dosignat-e .ROVISIONS REGAR.)ING THE FILLING OF VACANCIES, TO PRO71DE RESIDENCY 12 'Vxmbear :.f commaiss-oners to be appointed, and the term of each, pro-.-�. or -, ssz.:. �*_r n z. I NnG S E 0 3, 7.. 1 F0 7 -ve I C S e 0 nal Wo� -iol r- r f on E, TO DE S I , - C s:S W�-c d 'e- -1a a s s -:)AF It Xcep-_ S; ECT_,O. E, SE I DEFI S OF S 2- . AN URBAN all v s Z.1 e d CT co nG p 29. T 0, SZ* -m. AD n n d or s :.n C ff o' a 0 r . a_ IVE C N� �'F. :,P,D- INANCE TO MODIFY MA PLAN AND TO PR(YJ---7,Ez EXCEPTIONS; 19 governing body only after a hear;.ng Pat�e[r he shall have been and SECTION SO-Z905, IDAHO CODE, TO PROVIDE THAT ANY CFANG=-,S TO 20 a copy of the charges at. least tem (10) days prior to such hear1r. :TEAN RENEK&L. PLAN SiALL BE NOTICED AND COI-TLETED IN A14 OPEN PUBLIC 21 ha-.o had an oppormun-,my :: be hoard _n person or by counsel- Az-.- AMENDING CHAPTER 2 9. TITLE 50, IDAHO CODE, BY THE AD D- =TION OF 22 mission Y�osi­4on wh*eh bec:.=&-s vacant at a time other than HO CODE, TO PROVIDE FEOR AN ELECTION ON CER a ma�.i L-a:sy ve r,a i fE sh a is�a -710W SO-290SA, IM, 23 ra-_ --n --f a sha�1 b--:� -:.!led by 7S AND TO DEFINE TEPHS; Av -r-.1d10Mh9rT-rjd0ftL mmadvallh-, _ENDING Cump, --::-JITION OF A NEW SEC17ION SO-Z913, 1 T fee &.% Ihba -7,:7 _r :'r__ha;,r :f the b:ard af zz.untv =r=_sszoners. .'f z�. PLANS BE SUBVITTEED TO THE STATE T AN 0 P 7r' NALTIES FOR FAILURE TO REPORT; AME1D :-,ermngb�dy, by andw:-zhm�he adv:-ce and cc.1se.1-- :f--he P=1IDE FOR IN�CLUSION ON THE NEW CONS D b:,dv. -nclud4.ng rho mayor, if applicable, and shjL_'l he f- OF AN URBAN RENEWAL PLAN OR DE-AMTEXATION OCCURS AND TO M.Z.KE A 29 for the unexR;.rod tt=. ­:aAL CORRECTION; PP.<rrIDING SVJEAABILITY; AND PROVIDING EFFECTI11E 30 (3) By enac=enz :.f an ord�nance. =he local govern_�ng body may 31 and designate a:,s 9 el LE fror.arnont; its members to be--w-ribers zf rho k>z 32 commissioners cf Z" 4xba--. ronewal agency, provided zr,.a-- such repr� ed by the Log_�slazure of tho Sr.&'r-*of ldahz.: 33 zat4 cm shall ze loss than a=A7Q=;LtmY Of the bL:.ard of commzssmoners 34 urban renewal agency of the members .--.f the local governing b----dy 1. ThaZ Soczion SO-2006, Idaho C�ode, be-, and the saL=e- -,s hereby 35 after 7uly , 2017, in which case all the =-ghts, powers, duties, z*ad as follows: 30 ileges and 1==1n4z I-os vested by the urban ronowal law of 196S, 37 amended, in an appo.Lnzed board of cc=cn,;Lss_'oners, shal" be vested I URBAN RENEWAL AGENCY- (a) There zs hereby created in ea zh. mu- 38 local governing body, who shall, in all respects when acting as an nd*pondonz publ-c body corporate and pollulc to be �=-_,wn as 39 ronewa, ago-icy, be acz-ng as an Arm --.f state qovo=n_-1om=' entirely -_-enewal agency" that was created by resolution as prov-ded n sea- 40 rate and distinct from the=un_4c;.p&l_4ty' to&chi*--ro, yerfo=m and az -5, Idaho Code, before July 1, 2011, for the =uniclpality; Pro- 41 plish the public purpt:ses prescr,.bed and pxovided by said urban x4me �na� such agency shall not transact any business or exerc:.se :.r-s pyw- 42 law of 196S, and as amended. e-r*und*r unz-41 or unless: (1) the local governing body has made rho 43 (4) By onacz=,ent of an Ord:�nm-- --,:.dy may zo: ,gs pxozcz_�bed in section SO-200S, Idaho Codo; and prov:Lded fu=her, nato the appoi=od board of C and 7:,here-i--y app�inz and zh agency created after July 1, 2011, shall not transact any busi- 45 ignate _zself as the board of commi E=-:.--=rs of the urban ­e.=c-_se _J-_s powers p=ov.�Ldod for in --h--s chapter (2) a majo=- m for not more than on* (1) calendar yeA=-. f:�e 4 4 1*I t s, '7'z L;�' e t-,:n Cie- -e, tl�4 -_�--k-1 Meridian City Council Meeting Agenda May 26,2020- Page 420 of 616 43 Idaho Code § 50-2903A Plans adoptedpOSt-JUIY :L, 20:L6, are subject to base reset upon modification except in limited circumstances. The effect of a base reset is the loss of the increment value resulting in an immediate loss of revenue to an urban renewal agency leading to default on existing obligations. This statute will impact plans adoptedpOSt-J U ly I., 2oi.6, and subsequent modifications to those plans. Meridian City Council Meeting Agenda May 26,2020— Page 421 of 616 44 Idaho Code § 50 - 2903A (continued ) A modification shall not be deemed to occur in the following limited circumstances: (3) To make technical or ministerial plan amendments (2) To make a plan amendment that increases the revenue allocation area boundary by up to 3.o% (3) To cle-annex parcels from a revenue allocation area. Provides statutory Justif ication and process (4) To make a plan amendment to support growth of an existing commercial or industrial project in an existing revenue allocation area This exception can only be used in limited circumstances and is subject to varying interpretations. Meridian City Council Meeting Agenda May 26,2020— Page 422 of 616 45 Effect of I . C . 0 - 2qo-�A - Summar § 5 Y • Plans maybe amended for any reason (subject to the statutory I I m I tat I ons set forth in Idaho Code §5 50-2033 and 50-2904) without risk of a base re-set • For pl�Qs adoptedpOSt J U ly 1, 2oi6, there is no ability to amend the plan to support an unanticipated economic development project without risk of a base reset. Required to comply with attestation Meridian City Council Meeting Agenda May 26,2020— Page 423 of 616 46 "With specificity"' Idaho Code 50 - 2905 Idaho Code 5 50-2905 was amended to address the contents of a plan a . Requires that a revenue allocation area plan must state with specifici1y details about the types of projects that are contemplated [no definition of specificity]. b. Requires that any changes to an urban renewal plan be noticed and completed in an open public meeting . Meridian City Council Meeting Agenda May 26,2020— Page 424 of 616 47 Plan specificity — what does that mean ? • Requiring "specif i city" wi I I limit an agency"s ability to respond to new economic development opportunities. • Additionally, as a plan is implemented, it is not uncommon for there to be changes to the location of improvements. At what point does a change deviate from the specificity requirement to require a plan amendment? Meridian City Council Meeting Agenda May 26,2020— Page 425 of 616 48 Idaho Code 5 50 - 29o5A — Limitation on use of TIF to fund construction of municipal 0 buildings and mu it ipurpose sports stadium complex • Three-parttest: • AfterJulvl, 2oig, revenue allocation funds or revenue allocation funds aggregated with any other %%public f6nas" m ay not contribute to 51% or more of the total "project cost" (excludes federal funds and federal funds ad mi nistered by a public body); AND • the project is for construction of a I%municipal building," or a "multipurpose sports stadium complex," or a remodel of either; AND • the total project cost exceeds siM • Voter approval: if ngered, 6oO/o of the participating qualified electors residinq within the borde rs of the quall' led municipality; election subject to consolidated election-laws Meridian City Council Meeting Agenda May 26,2020— Page 426 of 616 49 Impact of I . C . 5 50 - 29o5A • Definition of "public funds" includes funds collected or received by a "public body." Excludes: grants or donations from private entities or individuals to the public body, and federal funds or federal funds administered by a public body • Definition of "public body" refers to I.C. 50-2ol8(3), which means "the state or any municipality, township, board, commission, authority, district, or any other subdivision or public body of the state." • Definition of"multipurpose sports stadium"' is broad: indoor or outdoor venue for sports, concerts, or other events with a field or other playing surface partly or completely surrounded by a tiered structure • based on debate portable bleachers/stages, etc are not included in this definition • likely captures amphitheaters in parks • Definition of "municipal building" is limited: administrative building, city hall, library, courthouse, public safety or law enforcement building, otherjudicial buildings, fire stations, jails and detention facilities 9 not subject to property taxation * are/intended to be owned or operated by or leased to a public body for the public's benefit Meridian City Council Meeting Agenda May 26,2020— Page 427 of 616 I . C . § 50 - 29o5A Exception 11 Exception to "project cost — certain infrastructure improvements are not subject to 53A limitation 11any infrastructure or belowground 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, parking facilities, or unoccupied auxiliary structures." presumably exception applies to hard costs, soft costs, admin costs and professional service costs Meridian City Council Meeting Agenda May 26,2020— Page 428 of 616 51 Idaho Code § 50 - 2913 State Tax Commission Repository Idaho CodeSSO-291.3 established urban renewal reporting requirements and penalties for non-compliance. Meridian City Council Meeting Agenda May 26,2020— Page 429 of 616 52 HB587 ( 2020) — Highway District Levies * For RAAf I rst formed or expanded to include property on or after July I., 202o, a taxes levied by any highway district, unless the local governing body that created the RAA has responsibility for the maintenance of roads or highways is allocated to the highway district. Agency and highway district may enter Into an agreement for a different allocation . A copy of the agreement shall be submitted to the state tax commission and to the county clerk no later than September i of the year in which the agreement takes effect. IMPACT: POSt-JUly 1., 2020, for new RAA, or amendment to an existing RAA to add property, revenue from ACHD levies will flow to ACHD, not MDC, unless MDC and ACHD enter into an agreement. Meridian City Council Meeting Agenda May 26,2020— Page 430 of 616 53 ISSUES IDENTIFIED OVERTHEYEARS BYTHE IDAHO LEGISLATURE AND URBAN RENEWAL CRITICS Meridian City Council Meeting Agenda May 26,2020— Page 431 of 616 Issues • Definition of blight/ "Distinguish TIF use for deteriorating conditions "blight" from economic development/mixed use • The development of open projects land/Greenfield development Provide taxing entities with meaningful input/ • Board composition/ comment/consultation qualifications /conflict of interest/election Rebates to taxing districts • Enforcement of the io% Property tax impact rule/compliance/punishment 0 "G iveaways" if the limit is exceeded • Perceived lack of 0 Penalties for non- accountability/ transparency compliance to the general public 0 Limitations on types of • Long term debt without projects that can be funded vote 55 Meridian City Council Meeting Agenda May 26,2020— Page 432 of 616 t R B A..A - RENEWAL IN IDA110 Valuable Tool Worth Preserving Meridian City Council Meeting Agenda May 26,2020— Page 433 of 616 56 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 20-1881 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPROVING THE FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT, WHICH FIRST AMENDMENT SEEKS TO DEANNEX CERTAIN PARCELS FROM THE EXISTING MERIDIAN REVITALIZATION PROJECT AREA; WHICH FIRST AMENDMENT AMENDS A PLAN THAT INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO THE COUNTY, AFFECTED TAXING ENTITIES, AND STATE OFFICIALS; PROVIDING SEVERABILITY; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. SUMMARY OF FIRST AMENDMENT The First Amendment (the "First Amendment") to the Meridian Revitalization Plan Urban Renewal Project(the "Plan" or the "Downtown District Plan")was prepared 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 laws and ordinances and was approved by the Agency. The First Amendment seeks to deannex certain parcels from the Downtown District Plan Project Area(the "Existing Project Area"). The First Amendment being considered for adoption contains a previously adopted revenue allocation financing provision pursuant to the Act that will continue to cause property taxes resulting from any increases in equalized assessed valuation in excess of the equalized assessed valuation on the parcels remaining in the Existing Project Area as shown on the original base assessment roll as of January 1, 2002, that will continue to be allocated to the Agency for urban renewal purposes. The general scope and objective of the First Amendment is the deannexation of certain parcels from the boundaries of the Existing Project Area. The First Amendment shall deannex the following parcels from the Existing Project Area consisting of 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, and as more particularly described in Attachment I A to the First Amendment and generally depicted in the map below. Meridian City Council Meeting Agenda May 26,2020— Page 434 of 616 REVENUE ALLOCATION BOUNDARY OF THE MERIDIAN URBAN RENEWAL PROJECF DE-ANNEX4T70N PARCEL MERIDIAN, IDAHO W CHERRY LN E FAIRVIEW AVE z 9 m UNE aE4PJNG DISTANCE Ll N LV33'11"E 639.69' L2 S 88*4224"F 380.05' z 0) L3 N 00-33'15"E 335.24' ;0 L4 5 68-3829'E 464.82' L5 S 0121.54"IN 978,24' L6 N 86'30'19"IN 831.04' m rQ w t� z X -1 --1 U) CA W PINE AVE E PINE AVE L4 W IDAHO AVE W BROADWAY AVE .......... ........... .................. ...... ..... ............... ............................ .............. ............... ... ........ POB RAIL ROAD 12 7Z W FRANKLIN RD --1.K-- E FRANKLIN RD 13 18 U) m > z CA s Tltb 11574 BEXG NITS INTERSTATES4 PROJECT: OWNERIDEVELOPER: 2030 S. WASHINGTON AVE. DWG# URBAN RENEWAL DISTRICT EMMET-� 10 83617 120018-EX DE-ANNEXATION BILL TRUAX P:(208)398-8104 PROJECT# MERIDIAN,ID. F. (206)398-8105 120018 SEC, 7 & 18, T3N, ME, B.M. 208-914-6131 SEC, 12 & 13, T3N, R1 W, B.M. DATE: SHEET 1127120 WWW.SAWTOOTHL5.COM 1 1 OF 1 Meridian City Council Meeting Agenda May 26,2020- Page 435 of 616 EXHIBITS TO THE ORDINANCE Exhibit I First Amendment to the Meridian Revitalization Plan Urban Renewal Project. Exhibit 2 Notices Published in the Meridian Press on April 24, 2020, and in the Idaho Statesman on May 1, 2020. Exhibit 3 A Resolution of the Planning and Zoning Commission for the City of Meridian, Idaho, Validating Conformity of the First Amendment to the Meridian Revitalization Plan with the City of Meridian's Comprehensive Plan. Exhibit 4 Ordinance Summary. This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication, and shall be retroactive to January 1, 2020, to the extent permitted by the Law and the Act, with the remaining Existing Project Area maintaining its base assessment roll as of January 1, 2002. Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Ada County Assessor, and to the appropriate officials of Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, Joint School District No 2, Ada County Ambulance/EMS, Meridian Cemetery District, College of Western Idaho, Meridian Library District, Mosquito Abatement District, the Western Ada Recreation District, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundary of the deannexed area, and a map indicating the boundaries of the parcels to be deannexed from the Existing Project Area. A full text of this ordinance and the Plan are available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. City of Meridian Mayor and City Council By: Chris Johnson, City Clerk First Reading: 5/26/2020; Second Reading: 6/02/2020; Third Reading: 6/09/2020 STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 20-1881 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 20-1881 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901 A (3). DATED this_day of May, 2020. William. L.M. Nary, City Attorney Meridian City Council Meeting Agenda May 26,2020— Page 436 of 616 ITEM SHEET Council Agenda Item - 9.13. Presenter: Estimated Time for Presentation: First Reading by Title Only Title of Item - First Reading of Ordinance 20-1882: An Ordinance of the City Council of the City of Meridian,Approving the Urban Renewal Plan for the Union District Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to the County, Affected Taxing Entities, and State Officials; Approving the Summary of the Ordinance; and Providing an Effective Date Approves the Urban Renewal Plan for the Union District Urban Renewal Project Public Hearing will take place at the Second Reading on June 2, 2020 at 6pm Council Notes: ..M L AL Mod I ATTACHMENTS: Tvn Descriptio-A U U nion District Ordinance Ordinance 5/21/2020 Memo to Council Cover Memo 5/22/2020 U U rban Renewal District Frequently Asked Questions Backup Material 5/22/20?n Presentation to Council Exhibit 5/22/2020 P Draft Summary of Ordinance 20-1882 Exhibit 15/22/2020 REVIEWERS: Department Revie Johnson, Chris Approved 5/22/2020 - 10:38 AM Meridian City Council Meeting Agenda May 26,2020— Page 437 of 616 CITY OF MERIDIAN ORDINANCE NO. 20-1882 BY THE CITY COUNCIL: BERNT,BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,APPROVING THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO THE COUNTY, AFFECTED TAXING ENTITIES, AND STATE OFFICIALS; PROVIDING SEVERABILITY; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Urban Renewal Agency of the City of Meridian, Idaho, also known as Meridian Development Corporation ("MDC" or "Agency") is an independent public body, corporate and politic, an urban renewal agency created by and existing under the authority of and pursuant to the Idaho Urban Renewal Law of 1965, Title 50, Chapter 20, Idaho Code, as amended and supplemented (the "Law") and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"); WHEREAS, on October 8, 2002, the City Council (the "City Council") of the City of Meridian, Idaho (the "City"), after notice duly published conducted a public hearing on the Meridian Revitalization Plan Urban Renewal Project, which is also referred to as the Downtown District(the "Downtown District Plan"); WHEREAS, following said public hearing, the City Council on December 3, 2002, adopted Ordinance No. 02-987 approving the Downtown District Plan and making certain findings; WHEREAS, on June 14, 2016, the City Council, after notice duly published, conducted a public hearing on The Ten Mile Road Urban Renewal Plan (the "Ten Mile Plan"). The public hearing was continued to June 21, 2016, for ftirther testimony; WHEREAS, following said public hearing, the City Council adopted its Ordinance No 16- 1695 on June 21, 2016, approving the Ten Mile Plan and making certain findings; WHEREAS, the Downtown District Plan and the Ten Mile Plan and their project areas are referred to as the Existing Project Areas; WHEREAS,pursuant to Idaho Code§ 50-2008, an urban renewal project may not be planned or initiated unless the local governing body has,by resolution, determined such area to be a deteriorated area or deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; WHEREAS, an urban renewal plan shall (a) conform to the general plan for the URBAN RENEWAL DISTRICT ORDW ,(,SE lan iL,,,2,cii Meeting Agenda May 26,2020— Page 438 of 616 municipality as a whole, except as provided in§ 50-2008(g), Idaho Code; and(b) 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, zoning and planning changes, if any, land uses, maximum densities,building requirements, and any method or methods of financing such plan,which methods may include revenue allocation financing provisions; WHEREAS, Idaho Code Section 50-2906, also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan is a deteriorated area or deteriorating area; WHEREAS, based on inquiries and information presented by certain interested parties and property owners, the Agency commenced certain discussion concerning examination of an area as appropriate for an urban renewal project; WHEREAS, in 2019, Kushlan I Associates and SMR Development, LLC commenced an eligibility study and preparation of an eligibility report for an area about 16 acres in size and located within the boundaries of the Downtown District Plan. The area is generally east of Main Street, south of Idaho Avenue, west of E. 3rd Street, and north of the Union Pacific Railroad right-of-way. The eligibility study area is commonly referred to as the Union District area; WHEREAS, MDC obtained the Union District Urban Renewal District Eligibility Report, dated February 2020 (the "Report"), which examined the Union District Area for the purpose of determining whether such area was a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8);; WHEREAS, pursuant to Idaho Code§§ 50-2018(9) and 50-2903(8), which define a deteriorating area and a deteriorated area, many of the conditions necessary to be present in such an area are found in the Union District Area, i.e., a. the presence of a substantial number of deteriorated or deteriorating structures; b. age or obsolescence; b. predominance of defective or inadequate street layout; C. faulty lot layout in relation to size, adequacy, accessibility, or usefulness; d. insanitary or unsafe conditions; e. defective or unusual conditions of title; and e. deterioration of site and other improvements; WHEREAS,the effects of the listed conditions cited in the Report result in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare in its present condition or use; WHEREAS, the MDC Board, on February 26, 2020, adopted Resolution No. 20-003 accepting the Report and authorized the MDC Chair, Vice-Chair or Administrator to transmit the Report to the City Council requesting its consideration for designation of an urban renewal area and URBAN RENEWAL DISTRICT ORDW ,(,SE lan iL,,,2,cii Meeting Agenda May 26,2020— Page 439 of 616 requesting the City Council to direct MDC to prepare an urban renewal plan for the Union District Area, which plan may include a revenue allocation area as allowed by the Act; WHEREAS, the City Council, by Resolution No. 20-2188, dated March 10, 2020, declared the Union District Area described in the Report to be a deteriorated area or a deteriorating area as defined by Chapters 20 and 29 of Title 50, Idaho Code, as amended, that such area is appropriate for an urban renewal project and directed MDC to commence preparation of an urban renewal plan for the area designated; WHEREAS, the Union District Area was located within the boundaries of the Downtown District Plan and Project Area; WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Meridian Revitalization Plan, Urban Renewal Project ("First Amendment to the Downtown District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. [_]on June _, 2020, approving the First Amendment to the Downtown District Plan deannexing the Union District area and making certain findings; WHEREAS,the current assessed taxable value of the deannexed parcels is on the tax rolls; WHEREAS, in order to implement the provisions of the Act and the Law, either the Agency may prepare a plan or any person,public or private, may submit such plan to the Agency; WHEREAS, the Agency, developer and its consultants have undertaken the planning process during 2019 and 2020; WHEREAS, the Agency prepared the Urban Renewal Plan for the Union District Urban Renewal Project (the "Union District Plan") and the urban renewal area referred to as the Union District Project Area (the "Project Area" or "Revenue Allocation Area") for the area designated as eligible for urban renewal planning; WHEREAS, the Union District Project Area includes the parcels deannexed from the existing Downtown District Project Area; WHEREAS, the Act authorizes urban renewal agencies to adopt revenue allocation financing provisions as part of their urban renewal plans; WHEREAS, the Union District Plan contains the provisions of revenue allocation financing as allowed by the Act; WHEREAS, the Agency Board considered all comment and information submitted to the Agency during several earlier Board meetings throughout 2019 and 2020, and the Board meeting held on March 25, 2020; WHEREAS, on March 25, 2020, the Agency Board passed Resolution No. 20-009 URBAN RENEWAL DISTRICT ORDW ,(,SE lan iRSncii Meeting Agenda May 26,2020— Page 440 of 616 proposing and recommending the approval of the Union District Plan; WHEREAS,the Agency submitted the Union District Plan to the Mayor and City Council; WHEREAS, the Mayor and City Clerk have taken the necessary action in good faith to process the Union District Plan consistent with the requirements set forth in Idaho Code Sections 50-2906 and 50-2008; WHEREAS, pursuant to the Law, at a meeting held on April 16, 2020, the Meridian Planning and Zoning Commission considered the Union District Plan and found by P& Z Resolution No PZ-20-02 that the Plan is in all respects in conformity with the City of Meridian Comprehensive Plan, as may be amended(the "Comprehensive Plan") and forwarded its findings to the City Council, a copy of which is attached hereto as Exhibit 1; WHEREAS, the notice of public hearing of the Union District Plan was caused to be published by the Meridian City Clerk in the Meridian Press on April 24, 2020, and in the Idaho Statesman on May 1, 2020, a copy of said notices are attached hereto as Exhibit 2; WHEREAS, as of April 24, 2020, the Plan was submitted to the affected taxing entities, available to the public, and under consideration by the City Council; WHEREAS, the City Council during its regular meeting of June 2, 2020, held such public hearing as noticed; WHEREAS, as required by Idaho Code sections 50-2905 and 50-2906, the Union District Plan contains the following information with specificity which was made available to the general public and all taxing districts prior to the public hearing on June 2, 2020, the regular meeting of the City Council, at least thirty (30) days but no more than sixty (60) days prior to the date set forth final reading of the ordinance: ( 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) 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, notes and/or other obligations are repaid, upon all taxing districts levying taxes upon property in 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 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; URBAN RENEWAL DISTRICT ORDW ,(,SE lan iRSncii Meeting Agenda May 26,2020— Page 441 of 616 WHEREAS, the Union District Plan authorizes certain projects to be financed by revenue allocation bonds, or loans and proceeds from revenue allocation; WHEREAS, pursuant to Chapter 14, Title 40, Idaho Code, the Ada County Highway District ("ACHD") is granted certain authority and jurisdiction over public rights of way within the Project Area, as that term is defined in the Plan; WHEREAS, appropriate notice of the Union District Plan and revenue allocation provision contained therein has been given to the taxing districts and to the public as required by Idaho Code§§ 50-2008 and 50-2906; WHEREAS, it is necessary and in the best interest of the citizens of the City, to adopt the Union District Plan and to adopt, as part of the Union District Plan, revenue allocation financing provisions that will help finance urban renewal projects to be completed in accordance with the Union District Plan, in order to: encourage private development in the urban renewal area; prevent and arrest decay of the City due to the inability of existing financing methods to provide needed public improvements; encourage taxing districts to cooperate in the allocation of future tax revenues arising in the Project Area in order to facilitate the long-term growth of their common tax base; encourage private investment within the City; and to further the public purposes of the Agency; WHEREAS, the City Council finds that the equalized assessed valuation of the taxable property in the Project Area is likely to increase, and continue to increase, as a result of initiation and continuation of urban renewal projects in accordance with the Union District Plan; WHEREAS, under the Law and Act any such plan should provide for (1) a feasible method for the location of families who will be displaced from the urban renewal area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan should conform to the general plan of the municipality as a whole; (3) the urban renewal plan should give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of the children residing in the general vicinity of the site covered by the plan; and (4) the urban renewal plan should afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; WHEREAS, if the urban renewal area consists of an area of open land to be acquired by the urban renewal agency, such area shall not be so acquired unless (1) if it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe, and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe, and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; or (2) if it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper URBAN RENEWAL DISTRICT ORDW ,(,SE lan iL,,,2ncii Meeting Agenda May 26,2020— Page 442 of 616 growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in the Law, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modem traffic requirements, or any combination of such factors or other conditions which retard development of the area; WHEREAS, the collective base assessment rolls of the Union District Project Area, together with the base assessment roll values of the Existing Project Areas, cannot exceed ten percent(10%) of the current assessed values of all the taxable property in the City; WHEREAS, the City Council at its regular meeting held on June 9, 2020, considered the Union District Plan as proposed and made certain comprehensive findings. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,IDAHO: SECTION 1: It is hereby found and determined that: (a) The Project Area as defined in the Union District Plan is a deteriorated or a deteriorating area as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law and Act. (b) The rehabilitation, conservation, development and redevelopment of the urban renewal area pursuant to the Union District Plan are necessary in the interests of public health, safety, and welfare of the residents of the City. (c) There continues to be a need for the Agency to function in the City. (d) The Union District Plan conforms to the City of Meridian Comprehensive Plan as a whole. (e) The Union District Plan gives due consideration to the provision of adequate park and recreation areas and facilities that may be desirable for neighborhood improvement (recognizing the mixed use components of the Plan and the need for overall public improvements), and shows consideration for the health, safety, and welfare of any children, residents or businesses in the general vicinity of the urban renewal area covered by the Union District Plan. (f) The Union District Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation and redevelopment of the urban renewal area by private enterprises. (g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the Union District Plan provides a feasible method for relocation obligations of any displaced families URBAN RENEWAL DISTRICT ORDW ,(,SE lan iL,,,2ncii Meeting Agenda May 26,2020— Page 443 of 616 residing within the Project Area and there is not anticipated to be any activity by the Agency that would result in relocation. (h) The collective base assessment rolls for the revenue allocation areas under the Existing Project Areas and the Union District Project Area, do not exceed ten percent(10%) of the assessed values of all the taxable property in the City. (i) The Plan includes the requirements set forth in Idaho Code § 50-2905 with specificity. The Union District Plan is 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, zoning and planning changes (if any) land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions. (k) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code section 50-2018(9) and Idaho Code section 50-2903(8), does not include any agricultural operation for which the Agency has not received a written consent, or has not been used for agricultural purposes for three (3) consecutive years. (1) The portion of the Project Area which is identified for non-residential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the Comprehensive Plan to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. (in) The portion-of the Project Area which is identified for residential uses is necessary and appropriate as there is a shortage of housing of sound standards and design which is decent, safe and sanitary in the City; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the City. SECTION 2: The City Council finds that the Project Area does not include a substantial portion of open land, that the Agency may acquire any open land within the Project Area, and that the Project Area is planned to be redeveloped in a manner that will include both residential and nonresidential uses. Provided, however, the City Council finds that for the portions of the Project Area deemed to be "open land," the criteria set forth in the Law and Act have been met. SECTION 3: The City Council finds that one of the Union District Plan objectives to increase the residential opportunity does meet the sound needs of the City and will provide housing opportunities in an area that does not now contain such opportunities, and the portion of the Union URBAN RENEWAL DISTRICT ORDW ,(,SE lan iL,,,2,cii Meeting Agenda May 26,2020— Page 444 of 616 District Project Area which is identified for nonresidential uses are necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of City's Comprehensive Plan, to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. SECTION 4: The Union District Plan, a copy of which is attached hereto and marked as Exhibit 3 and made a part hereof by attachment, be, and the same hereby is, approved. As directed by the City Council, the City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the June 2, 2020, hearing and incorporate changes or modifications, if any. SECTION 5: The City Council declares that nothing within the Union District Plan is intended or shall be interpreted to usurp the jurisdiction and authority of ACHD as defined in chapter 14, Title 40, Idaho Code. Further, pursuant to Section 40-1415, Idaho Code, ACHD has authority over the planning, location, design, construction, reconstruction, and maintenance of the City rights of way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads, and retaining walls. In the planning process, ACHD shall take into consideration the principles contained in the Plan. SECTION 6: No direct or collateral action challenging the Union District Plan shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from and after the effective date of this Ordinance adopting the Union District Plan. SECTION 7: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Ada County Assessor, and to the appropriate officials of Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, Joint School District No 2, Ada County Ambulance/EMS, Meridian Cemetery District, College of Western Idaho, Meridian Library District, Mosquito Abatement District, the Western Ada Recreation District, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of the Revenue Allocation Area, and a map or plat indicating the boundaries of the Project Area. SECTION 8: The City Council hereby finds and declares that the Revenue Allocation Area as defined in the Union District Plan, the equalized assessed valuation of which the City Council hereby determines is in and is part of the Union District Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the UnionDistrictPlan. SECTION 9: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the Agency's Board of Commissioners: If any City Council members are appointed to the Board, they are not acting in an ex officio capacity but, rather, as private citizens who, although they are also members of the City Council, are exercising their independent judgment as private citizens when they sit on the Board. Except for the powers to appoint and terminate Board members and to adopt the Union District Plan, the City Council recognizes that it has no power to control the powers or operations of the Agency. URBAN RENEWAL DISTRICT ORDW ,(,SE lan iRSncii Meeting Agenda May 26,2020— Page 445 of 616 SECTION 10: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not exercise its power under Idaho Code section 50-2006 to designate itself as the Agency Board. SECTION 11: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2020, to the extent permitted by the Act. SECTION 12: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such determination shall not affect the validity of remaining portions of this Ordinance. SECTION 13: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 14: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 15: Savings Clause. This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. PASSED by the City Council of the City of Meridian, Idaho, this 9th day of June, 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this 9th day of June, 2020. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk URBAN RENEWAL DISTRICT ORDW ,(,SE lan iL,,,2ncii Meeting Agenda May 26,2020— Page 446 of 616 EXHIBIT 1 PLANNING AND ZONING RESOLUTION PZ-20-02 URBAN RENEWAL DISTRICT ORD �E—�ly '8o8u2ncil Meeting Agenda May 26,2020— Page 447 of 616 'VeN(i ian jL RESOLUTION PZ-20-02 CITY OF MERIDIAN BY THE PLANNING AND ZONING COMMISSION A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN,IDAHO,VALIDATING CONFORMITY OF THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT WITH THE CITY OF MERIDIAN'S COMPREHENSIVE PLAN WHEREAS, the Urban Renewal Agency of the City of Meridian(the "City"), Idaho, also known as Meridian Development Corporation (hereinafter"MDC"), the duly constituted and authorized urban renewal agency of the City, has submitted the proposed Urban Renewal Plan for the Union District Urban Renewal Project(the "Union District Plan")to the City; and WHEREAS, the Mayor and Meridian City Council referred the Union District Plan to the City Planning and Zoning Commission for review and recommendations concerning the confon-nity of said Union District Plan with the City's Comprehensive Plan, as amended(the "Comprehensive Plan"); and WHEREAS, on April 16, 2020, the City Planning and Zoning Commission met to consider whether the Union District Plan conforms with the Comprehensive Plan as required by Idaho Code § 50-2008(b); and WHEREAS, the City Planning and Zoning Commission has reviewed said Union District Plan in view of the Comprehensive Plan; and WHEREAS, the City Planning and Zoning Commission has determined that the Union District Plan is in all respects in conformity with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN, IDAHO: Section 1. That the Union District Plan, submitted by MDC and referred to this Commission by the Mayor and City Council for review, is in all respects in conformity with the City's Comprehensive Plan. Section 2. That Exhibit A, the memorandum from Caleb Hood, Planning Division Manager dated April 8, 2020 outlining the findings supporting the determination that the Union District Plan is in conformity with the City's Comprehensive Plan, is hereby adopted and incorporated as part of this Resolution. RESOLUTION OF THE PLANNING AND ZONING,VALIDATING CONFORMITY OF THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT WITH THE CITY OF MERIDIAN'S COMPREHENSIVE PLAN-I OF 2 Meridian City Council Meeting Agenda May 26,2020— Page 448 of 616 Section 3. That the City Clerk hereby authorized and directed to provide the Mayor and Meridian City Council with a signed copy of this Resolution relating to said Union District Plan. Section 4. That this Resolution shall be in fall force and effect immediately upon its adoption and approval. ADOPTED by the Planning and Zoning Commission of the City of Meridian, Idaho, this 16th day of April 2020. APPAOVED, ATTES r� anning an Zoning Commission City Clerk RESOLUTION OF THE PLANNING AND ZONING,VALIDATING CONFORMITY OF THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT WITH THE CITY OF MERIDIAN'S COMPREHENSIVE PLAN-2 OF 2 Meridian City Council Meeting Agenda May 26,2020— Page 449 of 616 Mayor Robert E. Sirnison City Council Members: E IDIAN Treg Bernt Brad Hoaglun C� f, I Joe Borton Jessica Perreault L HO Luke Cavener Liz Strader ,0 JA EXHIBIT A TO RESOLUTION PZ-20-02 April 9, 2020 MEMORANDUM TO: Mayor Robert Simison Meridian City Council Meridian Planning &Zoning Commission CC: David Miles, Chief of Staff Cameron Arial, Community Development Director Victoria Cleary, Economic Development Administrator Caleb Hood, Planning Division Manager FROM: Caleb Hood, Planning Division Manager Brian McClure, Comprehensive Associate Planner RE: Urban Renewal Plan for the Union District Urban Renewal Project This memo is intended to provide Comprehensive Plan related analysis for the proposed Urban Renewal Plan for the Union District Urban Renewal Project(Union District Plan) in downtown Meridian. Due to the current COVID-19 outbreak and associated quarantine, Staff is including analysis within this memo that otherwise would be shared and explained during the meeting. City Staff will be in virtual attendance at the April 16th Planning & Zoning Commission meeting to give a brief report and summary and to answer any questions, but does not intend to get into many details; this memo should be relied on heavily for Staff s analysis. Application of the City's Comprehensive Plan(Plan)to the proposed Union District area (see Attachment A) is very relevant. Every major theme (chapter) in the Plan ranging from economic development and land use to historic preservation and transportation contain policies that are directly applicable. Additionally, the Comprehensive Plan adopts other documents by reference, for inclusion in consideration of land use decisions and to direct staff activities. Many of the referenced documents are relevant both in geographic area and to the described implementation strategies and goals in the Union District Plan. The following analysis describes the associated text, policies, and referenced plans. EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda May 26,2020— Page 450 of 616 Analysis Plan Text The implementation strategies and goals stated in the Union District Plan clearly describe activities aimed at stimulating private development through the reduction of blight and the construction or community improvements. Some of the listed activities include: design and construction of infrastructure improvements; acquisition or support in rehabilitation of real property; financial assistance for business; advanced funding for development; and public- private partnership in the construction of a new Community Center. See pages 3-4 and 9-10 of the plan for how the goals of the plan will be achieved. The Evolving Community section (Chapter 3) of the City's Comprehensive Plan, defines future land use typologies. The description for Old Town, the adopted future land use in and around the project area, states: This designation includes the historic downtown and the true community center. The boundary of the Old Town district predominantlyfollows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of thefacing houses and buildings. Sample uses include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings, new construction of multi-family residential over groundfloor retail or office uses. The City has developed specific architectural standardsfor Old Town and other traditional neighborhood areas. Pedestrian amenities are emphasized in Old Town via streetscape standards. Additional public and quasi-public amenities and outdoor gathering area are encouraged. Future planning in Old Town will be reviewed in accordance with Destination Downtown, a visioning documentfor redevelopment in Downtown Meridian. Please see Chapter 2 Premier Communityfor more information on Destination Downtown. Sample zoning include 0-T The Old Town future land use designation is the most diverse in the City's land use portfolio, with the greatest combined range of residential and non-residential uses and no caps on density or intensity of developed uses. Further, the City's complimentary zoning, also named Old Town (0-T), has zero setbacks for structures, relaxed parking requirements, and reduced landscape setbacks (aside from pedestrian streetscape infrastructure.) Interestingly, the Union District Plan makes numerous references to the City's planning documents dictating density and character elements, but it is Destination Downtown, developed by the Meridian Development Corporation(MDC), that dictates general uses, building mass and character, and intensity of developments. The City has adopted Destination Downtown by reference, and supports MDC's plan by adopting an eclectic and flexible future land use and zoning designation. With Destination Downtown nearing a decade of use however, existing conditions varying in several significant areas, many new stakeholders and community groups, and with the downtown urban renewal district expiring in the upcoming years, it is likely the plan is nearing the end of its relevancy. Plan Policies The following text relates to the policies found throughout the major themes in the Comprehensive Plan(Chapters 2 through 6). Not all policies must be addressed or apply to the Union District Plan, but staff has tried to include all downtown related policies below. Additional context for these policies can be found in the Related Policies section(see Attachment 13), which EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda May 26,2020— Page 451 of 616 includes parent Goals and Objectives, for the referenced policies. Note: the first number of a policy references the Chapter in which the policy can be found. 0 2.02.01E, Encourage the development of high quality, dense residential and mixed use areas near in and around Downtown, near employment, large shopping centers,public open spaces and parks, and along major transportation corridors, as shown on the Future Land Use Map. A new urban renewal district focused on infrastructure (parking, utilities, etc.)would provide the tools necessary to support and encourage redevelopment in an area of town that suffers from significant blight. * 2.02.02B, Consider incentives such as density bonuses, reduced open space requirements, and reduced fees for infill development in key areas near existing services. A new urban renewal district couldprovidefor incentives such as infrastructure and infrastructure reimbursement through tax incrementfinancing (TIF). 0 2.02.02C, Support infill development that does not negatively impact the abutting, existing development. Infill projects in Downtown should develop at higher densities, irrespective of existing development. The Union District Plan does not address how transitions between existing andproposed redevelopment may take place, but could do so transparently as part of negotiationsfor partnerships with the Urban Renewal District, and through public hearing and administrative approvals with the City. Staff will reviewfuture projectsfor consistency with this policy. The Union District Plan addresses density increases throughout the document. 0 2.02.02D, Apply appropriate design and construction standards to infill development in order to reduce adverse impacts to existing development. The Union District Plan makes specific references to establishing performance criteria and design standards in goal 'i'(page 4), and duplicated under implementation letter 'w' (page H). They state: In conjunction with the City, the establishment and implementation ofperformance 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 offundsfor planning studies, achieving high standards of development, and leveraging such development to achieve public objectives and efficient use ofscarce resources. This is critical work to be done proactively, as the City does not have any site or building design standards specific to Downtown Oust general traditional neighborhood design), orfor policies related to historic preservation and enhancements. NOTE:Development of design standards downtown has not been preliminarily identified as a high priority projectfor the City. * 2.09.0 1 B, Establish incentives to develop gathering spaces and civic facilities within Downtown. A new urban renewal district couldprovidefor incentives such as gathering spaces and civic facilities, which could be reimbursed through tax incrementfinancing(TIF). Part of the Union District Plan specifically references a public-private partnership, including the City, for the construction of a community center. * 2.09.01C, Work towards mitigating and removing floodplain issues around Downtown. There is nofloodplain in this area ofDowntown. EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda May 26,2020— Page 452 of 616 * 2.09.02A, Actively implement action items in the Destination Downtown Plan. Destination Downtown was created by the Meridian Development Corporationfor the downtown Urban Renewal District, and adopted by the City. This plan was extremely broad 1.n land use diversity, area, and scope. The project areafor the Union District Plan is included within the Destination Downtown area, butprevious effortsfailed to eliminate blight that this new district seeks to address. With the existing downtown urban renewal set to expire in the coming years, this new district is an opportunityfor more renewed and focused efforts, both geographically and in implementation activities. 9 2.09.02B, Pursue grants and public-private partnerships to enhance Downtown. A new urban renewal district could both provide grants and make more competitive applicationsfor grants, by utilizing a dedicatedfunding source such as tax increment financing(TIF). 0 2.09.02C, Develop programs with local partners to expand art, cultural, and educational facilities in Downtown. There are several references to these activities andfacilities throughout the Union District Plan. Art may be done both as public-private partnership, or independent of development, and educationalfacilities are described in several areas including implementation strategies (letter 'o). It should be noted that the Union District Plan describes the Urban Renewal District's ability to make decisions related to public art independent of the Meridian Arts Commission, which to date hasfocused a great deal of time, money, and energy in downtown. Staff recommends caution with mult�ple inde endent entities exercising se - determination of overlapping activities. * 2.09.02D, Develop and support regular cultural activities and events Downtown, in partnership with the Downtown Business Association and other organizations. Supporting events is not described within the Union District Plan directly, but supporting the development of locationsfor these to occur is addressed. 0 2.09.02F, Support a compatible mix of land uses Downtown that activate the area during day and night. Supporting specific uses at discrete times of the day is not described within the Union District Plan directly, but supporting the development of mixed-use locations,facilities, and supporting infrastructure (e.g. —parking) is discussed. 0 2.09.02G, Implement the City of Meridian Design Standards and City of Meridian Architectural Standards Manual to ensure that Downtown remains the historic center for mixed-use tourism, business, retail, residential, and governmental activities. The City has land use authority over the project area and implementation of design and architectural standards must be met. However, these standards, while allowingfor these types of useslattractions, does not necessarily cater to or encourage them. Additional work is necessary if downtown specific and historical context is desired. The Union District Plan speaks to this work under goal 'i'(page 4), and duplicated under implementation letter 'w' (page 11). * 2.09.03B, Promote Ten Mile, Downtown, and The Village as centers of activity and growth. The Union District Plan seeks to redevelop some of the most blightedproperty in the City, at the heart and center of the Downtown area, and which is otherwise adjacent to some of the most iconic and well usedpublic spaces outside of traditional parks. By successfully EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda May 26,2020— Page 453 of 616 redeveloping this highly visible blight, Downtown will be wellplaced to offer andpromote a dense concentration ofpublic spacesfor activity use by many. 9 2.09.03E, Develop concept plans of potential destination activities and promote appropriate development, infill, and redevelopment of activity centers. The Union District Plan does not address this directly, but the intention of the Plan is to support these types of activities through public-private partnerships of communityJacilities. * 3.03.0 1 E, Encourage infill development. The unstatedpurpose of the Union District Plan, through virtually all of the goals and implementation strategies, is to encourage infill development through redevelopment of blighted lands and development of communityJacilities through public-private partnerships. 9 3.03.03G, Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks, water and sewer utilities. The City has land use authority over the project area and urban infrastructure will be required with all redevelopment. Further, the Union District Plan calls out specific implementation strategies including road, curb, gutter, streetscape, lighting, stormwater, and others throughout the document(includingfinancial analysis). 9 4.04.02A, Identify opportunities for new paths that connect residential neighborhoods and community facilities, such as the library and city hall,parks, schools, athletic facilities, swimming pools, historic districts, the Downtown, as well as other commercial and retail activity centers in Meridian. The City's Pathway Master Plan depicts several options through the project area, and will be required as part of redevelopment of the site. The Union District Plan references pathways both through goals and implementation items. 9 4.05.01E, Assess environmental impact of potential new development, infill, and redevelopment. The Union District Plan specifically addresses environmental assessment of brownfield sites, and more generally towards environmental quality and creating standards to maintain environmental quality in coordination with the City (goal letter 'i�. Outside offloodplain impacts however, the City does not have much in the way of requirements or regulations to this end. 0 5.02.01 A, Maintain and implement design and building standards for historically significant buildings and resources in Old Town. There are no historically significant structures within the project area. The Union District Plan emphasizes consideration for the historic character and quality of the area. Stronger efforts by designers to this end are needed, or standards created, to protect and enhance the general area prior to design andpermit approvalfor structures in this area, if this policy statement is a priority. It would be difficult to suggest that preliminary conceptsfor structures on either the Civic Block or Union Pacific property compliment or lend aid to any historic themes in the Old Town area. The bulk and mass of concept buildings could easily overwhelm and minimize other historic structures in the area withoutfurther integration of ideas and themes. EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda May 26,2020— Page 454 of 616 0 6.01.01C, Improve ingress and egress opportunities for all modes of transportation in Downtown. The Union District Plan references improvements to roads, sidewalks,pathways, and a railroad crossing, as projectsfor implementation. Improvements to East 3rd Street specifically would greatly enhance bicycle access into downtown, andprovide more options for local residents and stakeholders. 0 6.01.02D, Consider needed sidewalk, pathway, landscaping, and lighting improvements with all land use decisions. The City has land use authority over the project area and redevelopment will be required to provide infrastructure. The Union District Plan also specifically references all of these elements as projectsfor implementation. 9 6.01.021, Pursue the extension of Idaho Ave. and/or Broadway Ave. to Commercial Dr. and the extension of East 3rd St. from Fairview Ave. to Pine Ave. in Downtown. While not directly referencing the extension of these streets,proposed implementation (improvement)projectsfor both Broadway Ave and East 3rd Street would go a long way in highlighting the value of these projects and encouraging their construction. 9 6.01.02L, Work with ACHD to implement projects from the 2012 Downtown Meridian Neighborhood Pedestrian and Bicycle Plan. "ile not directly referencing coordination with A CHD on implementation of the 2012 Neighborhood Plan, improvements to East 3rd Street are directly aligned and much needed for north-south bicycle connectivity through Downtown. Neither Meridian Road nor Main Street have dedicated bikefacilities, and a safe multi-modal, north-south connection is needed between existingpathway connection on Franklin near Storey Park, and on Pine near Five Mile Creek. EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda May 26,2020— Page 455 of 616 Referenced Plans The following plans are adopted by reference in the City of Meridian Comprehensive Plan, and are relevant material to the proposed Union District Plan. 9 Downtown Meridian Street Cross-section Master Plan Every road within the project area is included within the Downtown Meridian Street Cross- section Master Plan. Adopted in 2014, this document includes cross-section concepts intended to work with minimal impact to available impact, while also serving multiple modes. Vibrant streetscape activity is especially important in the Old Town area, and including the Union District Project area. Connectivity both east-west and north-south through the downtown area is very important. It is particularly important that East 3rd Street incorporate a pathway element to support connectivity of the City's Pathway Master Plan through downtown, connecting Storey Park to Fairview Avenue. Traffic speeds on Meridian Road are unfriendly to pedestrian, and neither Meridian Road nor Main Street provide safe bicycle connectivity north-south, and there is no other railroad crossing within the downtown area besides East 3rd Street. * Historic Preservation Plan The Historic Preservation Commission and City adopted this plan in 2014. With less than 2.2% ofMeridian's housing stock being older than 1960's construction (2017 Existing Conditions Report), and almost all of it consolidated in the Downtown area, there is very limited opportunityfor historic preservation outside of agricultural themes in the larger community. Several goalsfrom this plan are relevant to the Union District Plan, including: • Goal I Preserve and enhance Meridian's historical, cultural and agricultural heritage. • Goal 3 Heighten public awareness of historic preservation in the community and improve preservation education effortsfor various audiences. • Goal 4 Maintain and strengthen supportfor historic preservation ftom individuals, commercial property owners, local organizations and neighborhood groups. These goalsfor the Commission (and City) are notjust about preserving, but also enhancing and generating awareness ofMeridian's history. Additional objectivesfor these goals are described within the plan. * Meridian Rail-With-Trail Action Plan A portion of the project area includes Union Pacific right-of-way that is a part of the Boise cut-off. The Meridian Rail-With-Trail Action Plan identified an opportunityfor a Treasure Valley-wide multi-use pathway. This Action Plan has since been supplemented with numerous planning efforts looking at more detailed cross-sections, street crossings, and alternatives. Meridian is actively working to construct certain portions, andpart of this network must be constructed within the project area, either along the rail corridor right-of- way or integrated through site planning. EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda May 26,2020— Page 456 of 616 • Meridian Parks and Recreation Master Plan One of the projects described in the proposed Union District Plan is the development of a community center as part of the Civic Blockproject. Objective 4.3 of the Meridian Parks and Recreation Master Plan identifies expanded indoor recreation space as a priorityfor the community. Pathways are another significant element of this plan, andfurther emphasizes the demandfor connectivity improvements to and through downtown, and the project area. • Meridian Pathways Master Plan The Pathways Master Plan identifies north-south (East 3d Street) and east-west (BroadwaylRail with Trail)pathway connections through the project site. This plan works in concert with the Parks and Recreation Master Plan, Meridian Rail-With-Trail Action Plan, and through many of the policies in the Comprehensive Plan. • Downtown Meridian Transportation Management Plan This plan has resulted in significant roadway expansions within Meridian, including the split corridorphase I andphase 2 improvements. Two of the lastprojects left in the Downtown Meridian Transportation Management Plan are the East 3rd Street connection north of Carlton Ave and south ofBadley Ave, and the extension of either Broadway Ave or Idaho Ave east to Commercial Ave (and ultimately to Locust Grove). These projects/connections are essential in supporting the densities necessaryfor the larger downtown area to be a thriving center of activity. The Union District Plan could bene t both of these streets in close proximity to the areas setfor expansion. • Downtown Meridian Neighborhood Pedestrian and Bicycle Plan Developed by A CHD, this plan identified a number of community drive projects to enhance the pedestrian and bicycle connectivity in the area. A CHD has been diligent in programming and constructing these projects, and one of the last significant components is identified sidewalk improvements on East 3rd Street. There are sidewalk gaps in the project area and the rail crossing is unsafe and outright impassablefor some with mobility disabilities. One of the projects in the Union District Plan would include street improvements to East 3rd Street near Broadway, and including the rail crossing. All of these plans are available on the City's Comprehensive Plan website at: https://meridiancily.oriz/plannin�z/coMpplan/resources. Recommendation Based on the analysis provided in this memo, Staff believes establishing an Urban Renewal District Plan for the Union Block project to be consistent with the Comprehensive Plan and in the best interest of the City. Accordingly, Staff recommends that the Commission move to approve the two related Resolutions on the meeting agenda as follows: A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN,IDAHO,VALIDATING CONFORMITY OF THE FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN WITH THE CITY OF MERIDIAN'S COMPREHENSIVE PLAN A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN,IDAHO,VALIDATING CONFORMITY OF THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT WITH THE CITY OF MERIDIAN'S COMPREHENSIVE PLAN EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda May 26,2020— Page 457 of 616 Attachment A: Union District Area (Urban Renewal District) Future Land Uses — I I I I I I I I I I I I � I I I I I I I I I I Medium Density Residential Industrial E STATE AVE Civic Old Town Hid � h Mixed Use Community E PINE AVE C Z —W IDAHO AVE !�HOAVE—Z Z Z N 17M lmz-HEI ILI ADWAY AVE FiEl � UTZ —AE BROADWAY AVE-- 11111, ROAD-1T=7�-Lu I N I III I 111 11,111 1,1111 1 111 1' Z E BOW Ff =-> E ADA S�—z Legend F, Urban Renewal District Parcels E KING ST — Railroad 0 250 Soo 71 Feet F H= � EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda May 26,2020— Page 458 of 616 Attachment B: Related Policies The policies below are from the City of Meridian Comprehensive Plan. For policy type: G=Goal; 0=Objective, and A=Action. Goals and Objectives are shown with referenced actions for additional context,along with a referenced section. ID Policy Policy Section Type 2.02.00 G Plan for safe,attractive,and well-maintained neighborhoods that have Housing ample open space,and generous amenities that provide varied lifestyle choices. 2.02.01 0 Elevate and enhance the quality and connectivity of residential site and Housing subdivision planning. 2.02.01E A Encourage the development of high quality,dense residential and mixed use Housing areas near in and around Downtown,near employment,large shopping centers,public open spaces and parks,and along major transportation corridors,as shown on the Future Land Use Map. 2.02.02 0 Maximize public services by prioritizing infill development of vacant and Housing underdeveloped parcels within the City over parcels on the fringe. 2.02.02B A Consider incentives such as density bonuses,reduced open space Housing requirements,and reducedfeesfor infill development in key areas near existing services. 2.02.02C A Support infill development that does not negatively impact the abutting, Housing existing development. Infill projects in Downtown should develop at higher densities,irrespective of existing development. 2.02.02D A Apply appropriate design and construction standards to infill development in Housing order to reduce adverse impacts to existing development. 2.09.00 G Create positive,vibrant,and accessible commercial activity centers within Economic the community. Excellence 2.09.01 0 Support redevelopment and infill opportunities Downtown. Economic Excellence 2.09.01B A Establish incentives to develop gathering spaces and civicfacilities within Economic Downtown. Excellence 2.09.01 C A Work towards mitigating rind removing floodplain issues around Downtown. Economic Excellence 2.09.02 0 Integrate and maintain quality public spaces throughout Downtown for Economic recreation,social,and civic activities. Excellence 2.09.02A A Actively implement action items in the Destination Downtown Plan. Economic Excellence 2.09.02B A Pursue grants and public-private partnerships to enhance Downtown. Economic Excellence 2.09.02C A Develop programs with local partners to expand art,cultural,and Economic educationalfacilities in Downtown. Excellence 2.09.02D A Develop and support regular cultural activities and events Downtown,in Economic partnership with the Downtown Business Association and other Excellence organizations. 2.09.02F A Support a compatible mix of land uses Downtown that activate the area Economic during day and night. Excellence 2.09.02G A Implement the City of Meridian Design Standards and City of Meridian Economic Architectural Standards Manual to ensure that Downtown remains the Excellence historic centerfor mixed-use tourism,business,retail,residential,and EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda May 26,2020— Page 459 of 616 ID Policy Policy Type governmental activities. 2.09.03 0 Cultivate unique and diverse destination-type activities within Meridian's Economic cen ters. Excellence 2.09.03B A Promote Ten Mile,Downtown,and The Village as centers of activity and Economic growth. Excellence 2.09.03E A Develop concept plans of potential destination activities and promote Economic appropriate development,infill,and redevelopment of activity centers. Excellence 3.03.00 G Direct and prioritize development in strategic areas and in accordance with Growth and corridor and special area plans. Population 3.03.01 0 Plan for an appropriate land use mix,recreational and civic facilities,and Growth and phased service extension within specific area plans and urban renewal Population districts. 3.03.01 E A Encourage infill development. Growth and Population 3.03.03G A Require urban infrastructure be providedfor all new developments,including Growth and curb and gutter,sidewalks, water and sewer utilities. Population 4.04.00 G Develop a connected,comfortable,and comprehensive network of multi- Parks and purpose pathways. Pathways 4.04.02 0 Link pathways to important pedestrian generators,environmental features, Parks and historic landmarks,public facilities,Town Centers,and business districts. Pathways 4.04.02A A Identify opportunities for new paths that connect residential neighborhoods Parks and and community facilities,such as the library and city hall,parks,schools, Pathways athletic facilities,swimming pools,historic districts,the Downtown,as well as other commercial and retail activity centers in Meridian. 4.05.00 G Preserve,protect,enhance,and wisely use natural resources. Stewardship 4.05.01 0 Protect and enhance existing waterways,groundwater,wetlands,wildlife Stewardship habitat,air,soils,and other natural resources. 4.05.01E A Assess environmental impact of potential new development,infill,and Stewardship redevelopment. 5.02.00 G Celebrate Meridian's historical,cultural,and agricultural heritage. Historic Preservation 5.02.01 0 Enhance and restore the historical quality of Old Town. Historic Preservation 5.02.01A A Maintain and implement design and building standards for historically Historic significant buildings and resources in Old Town. Preservation 6.01.00 G Facilitate the efficient movement of people and products to and from the Transportation City. and Streets 6.01.01 0 Support multi-modal and complete-street transportation improvements. Transportation and Streets 6.01.01 C A Improve ingress and egress opportunities for all modes of transportation in Transportation Downtown. and Streets 6.01.02 0 Enhance existing transportation systems. Transportation and Streets 6.01.02D A Consider needed sidewalk,pathway,landscaping,and lighting improvements Transportation with all land use decisions. and Streets 6.01.021 A Pursue the extension of Idaho Ave.andlor Broadway Ave. to Commercial Dr. Transportation and the extension of East 3rd St.from Fairview Ave.to Pine Ave.in and Streets Downtown. EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda May 26,2020— Page 460 of 616 ID Policy Policy Section Type 6.01.02L A Work with ACHD to implement projects from the 2012 Downtown Meridian Transportation Neighborhood Pedestrian and Bicycle Plan. and Streets EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda May 26,2020— Page 461 of 616 Attachment C: Meridian Pathways Master Plan Meridian Pathway Plan ......Alternative Route —Existing Pathway F-P I C 'AVE —On Street Route ......Proposed Pathway L_J L_� L-1 L-1 Ej E= FFM E-PINE-AVE— :77 z w) z z W IDAHO AVE E IDAHO N z z z __W BRO LN .........................'.11FAROADWAY AVE_ ........ ..... ........... ... ............ Lu z W'R ILROAD-S ............... ;T ................ ......................... ----------------- ................................................... BOWER-ST -4 _ST 0 _E��L=-4.1-T Legend N E DA-J_IZ4 Z. __1 Ll Urban Renewal District �W-TAYL6R-AVE VTFR Parcels :*-E KING ST Railroad 0 250 500 Feef A.-T I 1_1H EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda May 26,2020— Page 462 of 616 Attachment D: Downtown Meridian Street Cross-section Master Plan Examples Main Street MAIN STREET.Ada Street to Carlton Avenue O'�ocw I,b—d.,�Aoot, t o -:1 xi�iogl?OWNIEW,fn �'Aei'g bli"'I"g p-161 po,kiog. h _po��ffo' B'fo' V Sid­lh F_ P t h. S S t-t—po 30o' V F0 F to'o it, ligbtiq Rtp,td..Do,,,;; +F++i CL I d E A,fiq dg,d ROW MM411 "A.- Exi,ojog dg.of ROW ..Adiq .h�'Jld P.Al"ItypJ WP.dootm Wt.CLf R..d I,— 26't.CL.1 wpkdool intended to be consistent thematic elements,and must reconflgu ration.Future improvements will generally be F111711.1 Mt..C.a.11­�I.ue be carried forward approp riately as consistent entryway located behind the back of curb,and occur either through CONSIDERATIONS: thematic elements for the length of the corridor private redevelopment and infill projects,or On provem ants D­...I-Wid1h 80 too,(ROW) 80-F.ot — by MIDC and partner agencies-Driveways and unnecessary T, Main between Ada and Carlton is a traditional downtown DESCRIPTION Of ULTIMATE CONDITIONS: 13� acce s points to Main should be restricted or removed R,,d street lined predominately with older buildings and some The onlysignificart variation to thetypical a,dStling(20 with'redevelopment,particularly near alleyways infill redevelopment.Restaurants and professional services street cross-section is the potential forshortcenter median N+, �o'/A'gltd P-11ol(b,flh,�d.,) are the preclominatetypes ofexisting uses,with some g— islands.These islands are envisioned to octurwhere traf- ernment services and a number of historic struCtUreS.The fic patterns will be minimally impacted,generally only N'ki'gCq,t0y* 1, 82 street is t1itical for north-south vehicular and pedestrian restricting alleys from becoming through streets,and be 6 f"t dot"hd' 6-f,,t d,t,,h,d. I,. connectivity,and is the primary arterial access for busi- built to provide additional aesthetic and thematic ban- ness and residential uses between Fairview and Franklin, efitsto the street environment.On-street parking should hfF,,(..,,do) 1 8 foot generally be parallel where it occurs,with angled parking "th., 11— 11— INTENT: discouraged due to traffic and safety impacts,especially 31k,S'pp"t N­ Sh­­ The intent ofthis cross-section is to maintain and improve for bicycle users. Nth, d­"'d`o"to' connectivity,and balance the needs of both automotive- —ith� fl-06­',fi" and pedestrian uses.Detached walkways and landscape lMp'EMENTATION PROCESS: ,y do,fhol­L So,P,,il.g—t- buffers arethetop priority,with on-street parking also Inmost cases the actual roadway for the Main Street cross- being critical.Streettrees,signage,pavers,and lighting are section is already built-out with little need for roadway DOWNTOWN MERIDIAN I CITY CORE STREET CROSS-SECTION MASTER PLAN STREET DE516N EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda May 26,2020— Page 463 of 616 East 211,i Street EAST 2ND STREET: Broadway Avenue to Carlton Avenue {yA,wFre,i,g&Hh} Design is haand.r.A.at. drastini V' Sidewalks F- Path., V\1501" /V fee Streen—pe Buffer F- Pa,ky DMe, jr V 1, Fe Furniture Bu'f.r Far W ug�cag I V Required.0 0sal,wd ++++41:. Irdlingidge I Row adgui MW RADAST 21'r.CL al Read 2N. .1 Read "Wlw��M Nion,South.wpardicini....twers—ndiardi While cross-section conflgoarationswith increased parking IMPLEMENTATION PROCESS: Bmadway A—to Carlton Avenue a re provided,in most conditions parking servicing local As a segment,the frequent cross-street and alley breaks businesses should be consolidated off-street or located allow East 2nd to be developed more piecemeal than many u-section Width 80-feat(ROW) 8 Meet CONSI DIE RATIONS: a Isewhere,a 11 owl ng for a mo re I vely a nd dy nam ic pedes- other a reas of the City Core.However,t he c urb-I�ess natu re Ea St 2nd between Bro adway and Ca r1ton consists of sho rt trian environment that increases area draw. ofthe identified cross-sections and resulting grade changes Read T.0 way Twa-.ey,,,,b I., block lengths with frequent cross-street and alley inter al A,gled,parallel.and sections-The only through cross-street on this segment DESCRIPTION OF ULTIMATE CONDITIONS: with new facilities will likely require improvements to be Parking Augled and parell lare made forthe full width ofthe cross-section(both sides of however is Pine,with all other streets clead-endirg within East 2nd is intended to be a charming traditional down- the road).It may be possible for redevelopment to occur Parking Capacity* 79 57(way-ary) a mile.This limited Connectivity is less conducive to heavy town street that is able to cater to social shopping and in half-block increments,between a cross-street and alley, Attoohad.teacher. Dotahadar b,lh,d traffic movements and provides additional opportunities dining experiences through unique design enhancements but there is likely greater long term cost-savings to do a Walkways(aa.side) and m,.I,g sag-ro, separated,width varies, for pedestrian supportive focus and enhancement. and comfortable pedestrian spaces While trees are kept whole block at a time.Storm-water is an important con- 5-Not or Is. 5-fout ni to provide a more pedestrian scaled and comfortable sideration.Improvements should occur as public-private Buffer has.side) Vem. V.'�i,,,wi oh,�Z'l INTENT: pedestrian environment,they are pulled further from the partnerships to generate and foster greater place-making, Pathway This street segment is unique in that the short block lengths buildings to allow for more unobstructed business and raise awareness,and be supportive of new businesses or 8,ku S,ppa,l and limited traffic allow for multiple cross-sections,which Community streetscape uses,such as outdoor dining. renovations able to make use of the facilities. while consistent in thematic and alignment,offer a vari- Cross-section options exist for medians or other special *Parking impoots and fati,—al,es—a�tiva.ta,.do at indicate iata,i. ety of configurations.Priority improvements should be street features such as topiary or artwork.See appendix vo,diti......d—re lall rearahunt with­­,thn D,i,m,y,.fine focused on a wider pedestrian environmentwith emphasis hydrants,aid other sciditious may altarfinal count.See Parking section on unique and memorable place-making configurations. D.nra DOWNTOWN MERIDIAN CITY CORE STREET CROSS-SECTION MASTER PLAN STREET DESIeN EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda May 26,2020— Page 464 of 616 East 3r6 Street Franklin Road to Broadway Avenue 139%� Ith idg Nd,th) �XW V _V F `�,kkg V Fe P�th.q Ej I. St—t—po 80for P�,k.,V B�ffor E F_ F-it,ro Fe Lighti,g V elf, I A 2F+64+4'.04+P+4" EA-godpolItIrtij 27M..m. N't.Eidotioth CL.f Rood Jtoitto) -Z 2111.CL.1 N­Find Alig-tot 14'Pod.otirdw A INTENT: ample buffers for the detached pathways and sidewalks "112791971 7�=..ay Avenue The primary intent of this cross-section and any varia- are all important safety and aesthetic elements for the -CONSIDERATIONS: tion is to provide for safe and convenient north-south long-term health ofthe neighborhoods-Bulbouts should Crot,-­­Width 811-f.ot(ROW) 764.t pedestrian connectivity between Franklin and downtown. be developed at street corners to further enhance safety East 3rd between Franklin and Broadway is predominately The reoquined ten-foot detached pathway must be on the and provide additional opportunities for landscaping and R.d T.o q T.o—y residential in nature,but is entirely within the Transit On- west side of the road,which has fewer driveway conflicts additional district thematic elements. N4,,g P-11ol P-11.1 ented and Cultural district(TOD)_Improvements should be and opportunities for further reductions with redevelop- IMPLEMENTATION PROCESS: P,,ki,g Cq­ty' V,-, 51 supportive of higherdensity and transit supportive uses in ment taking access from alleyways.Walkways must be Wdk-y� Vari td 4 to 5-feet, Loathed.5 feet doi, ultimate conditions,and all efforts should be made with detached,and residential appropriate lighting provided Though implementation may occurwith fragmented parcel frq­duid gap� F.—ido) redevelopment to provide for additional enhancements to enhance safety.On-street parking should be provided specific redevelopment,it is assumed that implementation 8 f,,t dd p,b,ff,,. which capitalize on these future services.Alleyways are but angled and perpendicular Configurations am heavily' of the pathway will require concerted efforts on behalf 130fo,I- V,,­ another important consideration with the corridor,and discouraged to ensure continuity of the pathway and to of MCC and City.The pathway is critical for accessibility Nth­y No Yn.110-f.itt ir',(­t must be adequately signed and enforced to ensure pedes- reduce back-.ut conflicts with through traffic. safety,and quality of life,and should be implemented in �idit) trian safety along the corridor.While alley use is already blocks and segments.Interim redevelopment enhance- Giko Soppo,t No Sh predominately one-way forwestbourd travel,this should DESCRIPTION OF ULTIMATE CONDITIONS: ments may not require full improvements if MIDC and 'P�,ki, be verified and coordinated with impacted stakeholders, While East 3rd is not intended to serve as an entryway the City are not able to expand and maintain pathway ­dh­g, od­­kir,odo,lit—�,th r——coo if,,h, and considered for access with redevelopment. corridor,it is important for connectivity into the down- components,but redevelopment must make allowances d—t,�.d oth—o.dith— q�Ito,f,,.[­.t.So.`�+,ij—ti.,odt, town area and should be inviting.Tree lined streets with for future installation. st—t 0-ro DOWNTOWN MERIDIAN I CITY CORE STREET CROS$-SECTION MASTER PLAN STREET DES16IN EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda May 26,2020— Page 465 of 616 Broadway Avenue to Carlton Avenue 09kDOEM IV.,F,in ll�th) xko O.�ig.1.b—d d,.f V P--ro' �Adiq ROW,hu—y—y if,,,- At Sid—Ilk E `�A.�Y,fldf�r F F—ft W Lightiq -4 'ra" E A-in dg. 22'0WI l7t.fv�.CLdRI -3' 2O'WCLJN..RAdfiiF.W tion south of the tracks,and to help improve pedestrian and provide additional opportunities for landscaping and Broadway Avenue to Cartian AvPoue connectivity with urban uses to the west.Walkways must additional district thematic elements. be detached by landscape buffers with large canopytrees, CONSI DERAI IONS: :nd res idential appropriate lighting must be provided to IMPLEMENTATION PROCESS: D.,­t'.'Width 89-ket(ROW) 76-f"t Though East 3rd between Broadway and Carlton is pre- nharce safety.On-street parking should be provided, Though implementation may occurwith fragmented parcel RO�d 1.�ny 1.­q dom rate ly residential in nature,it is adjacent to three but angled and perpendicular configurations are heavily specific redevelopment,it is assumed that implementa- N,ki,q P-11.1 P-11.1 different commercial districts including the Northern discouraged to ensure continuity ofthe pathway and to tion of the pathway will require more concerted efforts P,,ki,gC,p,,ity* 63 64 Gateway,Washington&Main,and Traditional City Core reduce back-out conflicts with through traffic.All recle- on behalf of MDC and the City.Interim redevelopment Attachd 4 1,54,,t, D,t,,h,d,6-feet districts.While efforts should be made to enhance district velopment must be considerate to and supportive ofthe enhancements may not require full improvements if the Wdk.dy� f,q­nt�d gag (­tA0 identities,with the proximity to the commercial districts, residential nature of this corridor segment. City is not able to expand and maintain pathway com- r'd­'r II opportunities existto blend boundaries for uses supportive ponents,but redevelopment must make allowances for Odf.'(­flfi) ofthe overall Destination Downtown vision plan. DESCRIPTION OF ULTIMATE CONDITIONS: fut ure installation. Y-d'dt 0 t ih.(—t While East 3rd is not intended to serve as an entryway INTENT: corridor,it is importantfor connectivity into the downtown Irk,S'Pr"t K� sh­­ The primary intent ofthis cross-section and anyvariation is area and should be inviting.The tree lined streets with *N,kihg mna���d f�t­,dh­ d­t,roi.tt wt�o. to provide for a safe and convenient north-sauth pathway ample buffers for the detached pathways and sidewalks rditi......d,,,,,Ul Ith,,,—fl-II fm hy- connection between Carlton and Broadway-The required are all important safety and aesthetic elements for the d I,,d rth d,ti,,, q It,,fimi....,S,,N,kiq...in,�d,, ten-foot detached pathway m ust be on the west-side ofthe long term health ofthe neighborhoods-Bulb-outs should road to maintain alignment with the pathway configura- be developed at street corners to further enhance safety DOWNTOWN ME RI DIAN <ITY CORE 5TREET r ROSS-SECTION MASTER PLAN STREET DES16N EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda May 26,2020— Page 466 of 616 Broadway Ave BROADWAY AVENUE: Main Street to East 2nd Street Design e;b—he ROW.I.,g ..he,. Fe Parkog V Side.14 _8 F0 lalh.q Sr.t_,�Ooff" 4 Sroot­p� off" ,e P"k.,y Hnfle, 40 Fornit— d Td Rnqo A R,,ired. O—ed it !a5i _R Exoinsinda..iROW Wt.Neting EL d had me) 20',CL.H1 R dM Wit TZ hole.m. should reflect this.While the ten-foot mUlti-use pathway alignments across irtersections,and to reduce setback Main Street to East 2nd et is required an the south-side of the street,it's possible impacts to neighboring properties and buildings. that future pathway Connectivity may be integrated with -CONSIDERATIONS: redevelopment,and the pathway pulled within the adja- IMPLEMENTATION PROCESS: Or—­ua,W,dth 79-feat(ROW) 84,5 feat Broadway between Main and East 2nd is generally indus- cent property On-street parking and standard streetscape Curb line changes necessaryto be supportive of pedestrian Road T-., I.,�e, trial storage on the southern side ofthe roadway,along to improvements are required,and must align and integrate activities and allow businesses greater street presence will Parking Angled Nrallni the railroad tracks,and dominated by older buildings in with improvements to the east and west. likely require improvements to occur for the full length Parking C,p,,ity* 31 is disrepair on the northern side.Sidewalk facilities are also in . of the block,on one or both sides of the roadway.Unless Nla,hd.4 t,,E-fan, dis epai I,and non-existent on the south.The stmetscape DESCRIPTION OF ULTIMATE CONDITIONS: large scale redevelopment occurs,public participation will Walk�aya(,side) Oete,had,5-feet(H on the north-side of Broadway has been redeveloped on The north-side of this cross-section includes standard be necessaryfor implementation and play a large role in the corridor segments both to the west and east-only required streetscape improvements,and a widerwalkway redevelopment ofthe streetscape,particularly with the Hoffer(aa.aide) Ven., S-leet p,,,t,,d,,d,l this segment is lacking improvements. Consistent with other corridor improvements to the east. mutti-use pathway.Wth eventual removal of existing angled PaF.,y No'. yea The south-side of the street provides the required path- parking,it is expected that addidonal off-street surface or Oik,S,P,NT N,oa None INTENT: way connection,but may simply mirror improvements on garage parking will need to be provided elsewhere to offset *Pa,kiwiio,pad�and khra alk.are a�fi.at­da,r odka�ta ot.H. Future improvements will need to support mixed use the north-side,orjust meet streetscape standards if the loss and accommodate future downtown parking needs, ...d,t,,,.and ne f.11 ith—, OH—op.fire hy_ developmentand balance the pedestrian environmentwith pathway is integrated into future development through the Improvements on the north-side ofthe roadway should d t,,and other condition,mq[ten Final ont.See Pa,ong-tion on, parking provisions-It is expected that future redevelop- Southern properties.Parallel parking is provided instead be a focus to compliment Idaho and increase demand for St 0,,ig,. met&on both sides of the mad will be transit supportive ofangled to enhance safety and create a mom pedestrian land to the South. higherdensity m ixed uses,and the pedestrian ewironment friendly corridor,and to lim it wider cross-sections,maintain 6r� DOWNTOWN MERIDIAN I CITY CORE STREET CROSS-SFCTION MASTER PLAN STREET DESICN EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda May 26,2020— Page 467 of 616 EXHIBIT 2-A NOTICE OF HEARING MERIDIAN PRESS URBAN RENEWAL DISTRICT ORD �E—�ly '8o8u2ncil Meeting Agenda May 26,2020— Page 468 of 616 'VeN(i ian jL IDAHO PRESS-TRIBUNE EMMETT MERIDIAN KUNA BOISE WKLY CIO ISJ PAYMENT PROCESSING CENTER PO BOX 1570 POCATELLO ID 83204 (208) 467-9251 Fax (208) 475-2321 ORDER CONFIRMATION Salesperson: LEGALS Printed at 04/17/20 11 : 23 by sje14 ----------------------------------------------------------------------------- Acct # : 351462 Ad # : 2009284 Status : New CHOLD 1 MERIDIAN, CITY OF Start : 04/24/2020 Stop: 04/24/2020 33 E . BROADWAY AVENUE Times Ord: 1 Times Run: MERIDIAN ID 83642 LEG 4 . 00 X 174 . 00 Words : 1515 Total LEG 696 . 00 Class : 0006 GOVERNMENT NOTICES Rate : L4 Cost : 616 . 78 # Affidavits : 1 Contact : MACHELLE HILL Ad Descrpt : PH 6/2/2020-URBAN RENEWAL Phone : Given by: ADRIENNE WEATHERLY Fax# : P.O. # : Email : accountspayable@meridiancity Created: sje14 04/17/20 11 : 10 Agency: Last Changed: sje14 04/17/20 11 : 21 ----------------------------------------------------------------------------- PUB ZONE EDT TP RUN DATES MP A 96 S 04/24 ----------------------------------------------------------------------------- AUTHORIZATION Under this agreement rates are subject to change with 30 days notice . In the event of a cancellation before schedule completion, I understand that the rate charged will be based upon the rate for the number of insertions used. Name (print or type) Name (signature) (CONTINUED ON NEXT PAGE) Meridian City Council Meeting Agenda May 26,2020— Page 469 of 616 IDAHO PRESS-TRIBUNE EMMETT MERIDIAN KUNA BOISE WKLY CIO ISJ PAYMENT PROCESSING CENTER PO BOX 1570 POCATELLO ID 83204 (208) 467-9251 Fax (208) 475-2321 ORDER CONFIRMATION (CONTINUED) Salesperson: LEGALS Printed at 04/17/20 11 : 23 by sjel4 ----------------------------------------------------------------------------- Acct # : 351462 Ad # : 2009284 Status : New CHOLD CHOI ........... .........._111.... ..". ............................. .......................I -J.-IN ..10-1.14 1, 111111 11k81ay�'1'UnPf2'Ih,21C21 at ;,ac,�,Y(c."Uy,),.2"a�m�"",8�,nm,8�8"",Uc ky'M=h"''a __ kh, _,k�'y CP pub1h,h8.lng I dAnk-fP1­P11-1hk IPPP88d JIbn P-11,P an fl,1h,Un In I 811,&U n Rn,`AkAPy`)"1'(1uh, Pan d8d Idt U-n Rdnk.k A98A,y If MkIld-,l P8 P n_n I Idt'd an_k PPmdn' '�b'a a,P( 98 h 8 In It -and 'd'n 1Pd8P­�d Th'Id"Idal�ddknlhk�l lh�A '�y Und8dalT�'UILSph -.1 IPI-18, d Un UIk an,th I R n8 Van of 1.5 Ch.p.,2d,'l­-8,.8-kn-Thd Pln bkIng d1l,811818P fP1.1pl-dlnl.n8.PIAUI,.11d�l -I ph 118-110 hd'Abk E-AMIP-Ipmdnl AAI,ThP 50,ChIll 29,--8,.8-n-,- =88 P,'P-­d8 """thm 5Y8 gf'luh "n It ­818-1=8`d`Jab`anyTU2`d2db1P`b%la%' 81 nl��h hI todnoph,b and -Am-n-Iph-1 If 1hd PlI ThI,g8n­-ph Ad 1bjk1kk8 If lh8 Pln 18 1 Thd ngh­ng, kl In-1.1 In, t 8118,18 Ad 81-1-PI, dudIng but It 11-1 I'P MAP MIP, nd UP91-8 1 E P-ay-8,N M.n S1.1,E 2nd StPhl,nd E 31d S118,1 Ad dk-P,,,388b, ,dkdh"`d9'n8d1d,%U8'889'n'= hd 9 _8'A"Pd 8 9 hl b ThI,8 ng do n PlIth '�'__mdn'bfd.'AAddk.8UP dmpllln d.1h..It,81-,Ad-1-1-8 fP1 8.1m-J-h­Ad th 8UPPP1 pl-d,8dpmdnI, d Thd 8ng 18,1,d8kl Prl do­=�PbPo '0 nuof n 1�yg(11.hana'I oul,18,fP,1h,8,PI1-Akb� bAbdAg but'P,In-"hP and IP _ _Pa'y a 8-PI,U'-88 8-8-y-m=MIP, nd UP9-88,glakly h-PIP,PI MA-8-11 Ad U;,gMm8l`1'P W.81 9I,flbkI1�,,1,,1mmUh­I nd-1-h-11111-3-81-1-­111111-1UP8118 1-8-j-P-d-ly _8 n 1h 8"11 A but­01 b,8 111 It n-PI1jI1 AP d R=,"b 18 m_0,P_"Pn of und8d'dun d U'�,P 8 1.1,'n If 81-1-1 d1k =n�8fl Impl-m-1-19- d J1.1-98 J-8 Ad 1-1.18,UAd8qduAdhg ApPhg Ifl-18, ""Nl' �Omm8m=a�yn8 8d d tdg�ppub dhg but It ImIld 1, 8 kl8d YU8%8­6 Publ�P Pad"8""­I P, d8k"POT""Th"'t`8 "I"'%I td,kt_P`5 h d 8 f th 8"% 818htd-,8­188 81-1,Ill nd-PIng,b-88,8 na9l blk put- kml,Mdnt 8 t8 "" ki ffab�and Ill 11-Y h8, nd­1 pub1h,Impl-k-nP8,AhAdIng pub1h,01n­8 th.MI bk dm.PAPAl-by 8 Th n9h8hIng,J8819n,h8l.1111 In, AS11 mmunity/1­11 In-Ity, d-publ,P Id, md nt8 f TPI, ng,n8k,ng,J8819n,h8l.11.1 In, Ad111 dAn-11-If.pub1h,plklng­Adl,11 8tA1ddk8 Ad11 publ,d 8u-d Ilk p8tpt'and'd afl�l Pub MIlmdnt8, g T Pk on ,Pft��Ptltn by PI1Pkfty I.II, d J-hp- thh thI,P11-AP.th­Pvk t8 lb-I If thk PlanthI,­­­I ny IPPkfty­1 d by Ad und8­8­818hp Ad dInthl Ifth,A98A,y' h ThI,pIlk-n bd, I P­1 All 11UP118=fb�u'kh 188 18 If Iny A98nly I _y I"'I P'U=%�ydkktP,,,,dt1 dIlId j Thd J-1 Amdn-.8-1 Am-tlPhd by PIvaP n.Aldd 11 pub1h,I u888 h-b-8.1th thk Pln, k Thd'qu=1 f Plk 11phty fP1 pub1h,Ighl t­Imp-MIP8,1,188-n-111t.8,uthly­819-ndIng,publ,P­1 %­085n,Indlud'n Pubut'n8p 18l 8d h th P b m = I qulk f 9dTv=nP�.`1`�`,kk,"1 1 dd'l nPm,P d8vk I m"Id/11 Ith8l publIP It,188, I Thd d8mll ghund,ng,PU9TP01k8mPva of- n bulth­Ad/11 Improv-8 11 publIP Ill If I,P-8--lb-,uthly A,fP 1.81 u88.blP puthh,8paPP,P,l Ad 8-t-ph Impl-k-nP,.-1-98 nd nh.- "an"""'On"d m I'N08Idd.I=8.tn8d 8UUbV'.`P1P1"'%t" ghv%ao 8 m na" 0'- 88 d 01 h 8t=8U th1g,pu I'v%annt"t'"80 nn86 d hd P�820bdkton dP dd 11 dkbl 01-1 lond�t Pn8 Ad th phr, In AMP 9--h-d J-1 Ipmd-11 1-8-lopm dnl m 8 t on of" y th '0 t t vk P-8-ln-1Id---th th 8 P an,Idah I I dl ud,ng-­8 U2 dh8 J, bm y g8 Ag_y n ThI,khab talP d I.P1vk­88 nd Ppulpokhg If Ikth9 8-d- d mPdvkmdnt8 d'0 mTh8 PPP_k'lPn _mb y 8 fIllIhtltd8vn'd��p0mdtu and ""'t" I'd a Pta ad _8 t_glI 5 a m n ty I I To th, -1 by a,,Ind Ph==`dfoh=f�1d,8tl,8d`01l8t`l=1`Pvm1'0'l'dntl d1nd1b­8 b,mdn.1 th q Th 8 I=a dl�a.8858mdnt and IPPkIly­81, Ad 1­1 8-kh-15, AkIng.1th thI,C ty th amdnd Pn,ng gd.­If I- In Aly)Ad 8-IIJ8 Ad gu,­­fP,thd d8k9n If 8tPdt-Pk,P1.1.8,1,188-h do"'Ok PaI,Idn 8PId d Ith8l III 11 A don =1`ma.a98mdnt t pub1h,IkIng-11lb- th. t ThI,lon=and 7 na=fa"P`PfP"v0f1,,A MtZ fiA`b=hkv8tnh`ay=nPt`a=8th­In t Pbk% In 8PaPd% nd pubh�P dkkdPnl_ht_ ThI,IPVkP If fln.P1.1 Ad hd,­818-d th 8-U1,98 Ad I,-bu8lndd8 ndkrAI88 AhAdIng but It ImId th 8t1t and =u8 158,un qu8 du-.1 bu­­88,md k-dmpnn 58fnd 1.198-h dIA-1-8, on-thI,Aty,thd 88-1-knt Ad IMPIPMkIlP P-t-dIll.1 k8uld h9h 811 J881l 8tI III and Tv I ty and othl,J88 n InP, h 1hT'cdvdPfudty,nPd.,b8?nty.dP P8,u,j 8,pn,Adlng domm,tmd nt du _Ag 8tud 88 g h Ph 8tan vk 8v _th Id"Pu=111ll 80u.'I,h,,,,tf,,h hth8Pln,AtIaPhmdnt5 . thd, m dnt8 8­2= An6 u.p,,ah ndkuv%8Paa8nJa81a,.b'P.P hy ktd`�Sbl t`TL`.dmma=d P'atL`n.'l f`b�thd C�pof M8 ty fh`V, .8 d 0 8 J­bd by 888 0 IPA ­d88.8­by I-ThI,Pln dItfi-­­pub1h, nd p,,v-Id-knP, h,,h­y bk m.8.,th,n t8 P,Pjk1 Ark. 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Broadway Avenue,Meridian,Idaho,the City Council of the City of Meridian,Idaho("City")will hold,during its regular meeting, a public hearing to consider for adoption the proposed Urban Renewal Plan for the Union District Urban Renewal Project(the "Plan"),of the Urban Renewal Agency of Meridian,Idaho,also known as Meridian Development Corporation("Agency").The urban renewal and revenue allocation area boundary is hereinafter described.The Plan proposes that the Agency undertake urban renewal projects,including identifying public facilities for funding,pursuant to the Idaho Urban Renewal Law of 1965, Title 50,Chapter 20,Idaho Code,as amended.The Plan being considered for adoption contains a revenue allocation financing provision pursuant to the Local Economic Development Act,Title 50,Chapter 29,Idaho Code,as amended,that will cause property taxes resulting from any increase in equalized assessed valuation in excess ofthe equalized assessed valuation as shown on the base assessment roll as of January 1,2020,to be allocated to the Agency for urban renewal purposes.The Agency has adopted and recommended approval of the Plan. The general scope and objectives of the Plan are: a. The engineering,design,installation,construction,and/or reconstruction of streets and streetscapes, including but not limited to improvements and upgrades to E.Broadway Avenue,N.Main Street,E.2nd Street,and E.3rd Street and related pedestrian facilities,curb and gutter,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,gas,fiber optics,communications and other such 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;public parking facilities,and other public improvements,including but not limited to,fire protection systems,roadways,curbs,gutters,and streetscapes,which for purposes ofthis Plan,the term streetscapes includes sidewalks,lighting,landscaping,benches,signage,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 or structures and/or public surface parking lot and related public improvements; g. The provision for participation by property owners and developers within the ProjectArea 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,public parking facilities, useable public space,pathways,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,and/or other public entities; I. The demolition or removal of certain buildings and/or improvements for public rights-of-way,pedestrian facilities,utility undergrounding,public parking facilities,useable public space,pathways 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 and to promote economic growth and development or redevelopment; m. 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; 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 ProjectArea 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 the Plan,Attachment 5. Any such land uses as described in the Plan will be in conformance with zoning for the City of Meridian and the City of Meridian's Comprehensive Plan as adopted by the City Council.Land made available will be developed by private enterprises or public agencies as authorized by law.The Plan identifies various public and private improvements which may be made within the ProjectArea. The Urban Renewal Project Area and Revenue Allocation Area herein referred to is described as follows: An area consisting of 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,and as more particularly described in the Plan and depicted in the Map,below: UNION DISTPJCT CFFY OF MERTDTAN,ADA COI)NTY;IDAHO E PINE AVE Z C Z M in rn W Z X Z a 0 (n U1 r IDAHO AVF T JVQW I BROADWAY AVE J Z LWI(N 06MU L___J UNION PAC IF:0 ILAILROAC) 1 e�574 Ft� KLIN RD NTS FIRGUELT, 2M S.WASHRYG'"AVE, owh LJNION DISTRICT EmErr,ID&MI 7 '2W'8-Ex ANNEXATION EXHIBIT BKL TRkAX P1.r2m)me-8104 _F�4 MERPDAk 0 F.,12M)39"IDS 120,016 SEC, 7, T3N, RIE, B.M. 200-914-6131 ADA COLNTY, IDAHO 9"T 212020 k&V a6 WWW S4 WrOOTHLS COM ,OF 1 Copies of the proposed Plan are on file for public inspection and copying at the office of the City Clerk,Meridian City Hall, 33 E.Broadway Avenue,Meridian,Idaho,83642 between the hours of 8:00 o'clock a.m.and 4:00 o'clock p.m.,Monday through Friday,exclusive of holidays.The Plan can also be accessed online at https://bit.ly/UnionDist�ict.For additional assistance in obtaining a copy of the written materials,contact the office of the City Clerk at 208-888-4433. At the hearing date,time,and place noted above(June 2,2020,at 6:00 p.m.),all persons interested in the above matters may appear and be heard.Because social distancing orders may be in effect at the time of the hearing,written testimony is encouraged.Written testimony must be submitted at least five working days prior to the hearing.Oral testimony may be limited to virtual(internet)or telephonic means,and may be limited to three minutes per person.Information on accessing the meeting remotely and participating in the virtual meeting can be found at www.meridiancit�.org under the"Virtual Meeting Information" tab.Additional information regarding providing testimony in compliance with any social distancing orders in effect may be obtained by calling 208-888-4433 or by email at cityclerk@mericliancity�."r . Meridian City Hall is accessible to persons with disabilities.All information presented in the hearing shall also be available upon advance request in a form usable by persons with hearing or visual impairments,individuals with other disabilities may receive assistance by contacting the City 24 hours prior to the hearing. DATED:April 16,2020. Chris Johnson,City Clerk Meridian City Council Meeting Agenda Ma Publication date:Idaho Statesman May 1,2020. EXHIBIT 2-B NOTICE OF HEARING - IDAHO STATESMAN URBAN RENEWAL DISTRICT ORD �E—�ly '8o8u2ncil Meeting Agenda May 26,2020— Page 472 of 616 'VeN(i ian jL RICEIVED Idaho Statesman MAY 8 2020 Keeping you connected I ldahoStatesman.com CITY OF CIV CLERKS OFFICE AFFIDAVIT OF PUBLICATION Account# I Ad Number I Identificati n I Po I Amount Cgj� I De 262513 0004629405 hearing re Union District Plan-1 $492.00 3 20.0 Attention: Adrienne Weatherly AMBAR LIZARRAGA,being duly sworn,deposes and says:That she CITY OF MERIDIAN - LEGAL is the Principal Clerk of The Idaho 33 E BROADWAY AVE SUITE 308 Statesman,a daily newspaper printed MERIDIAN, ID 836422619 and published at Boise,Ada County, State of Idaho,and having a general circulation therein,and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice,a copy of which is attached hereto:that said notice was published in The Idaho Statesman,in conformity with Section 60-108, Idaho Code,as amended,for: 1 Insertions Beginning issue of: 05/01/2020 —Ending issue of: 05/01/2020 (Legals Clerk) On this I st day of May in the year of 2020 before me,a Notary Public, personally appeared before me Ambar Lizarraga known or identified to me to be the person whose name subscribed to the within instrument, and being by first duly sworn, declared that the statements therein are true,and acknowledged to me that she executed the same. Nota Public in and for the state of Tex4�s,residing in Dallas County Extra charge for lost or duplicate affidavits, Legal document please do not destroyl Meridian City Council Meeting Agenda May 26,2020— Page 473 of 616 NGTICIFOFREG LARNEETINGANDMETICHEARINGBYTHE CITYCOUNQ OF THE CITY OF MENHNAN.IDAHO TOCONSIDERTH URBAN RENEWAL PLAN FOR THE UNION DISTRIU URBAN RENEWAL MOIEa Of THE URBAN RENEINAL AGUHN OF MULDIAN.IOAH0.ALSO KNOWN AS MENDIAN DEVELOINAUNT CORIORATINN N�E IS DAIRY—4 ft,.T.1d,,—2,2020.a,&. �.h(51,C—A 1�k Wa�.�Cly HAL 33(E be,w.�A—mwd�,Id.".14 011 cl.,-1 the Gtv f m'"-Ida.M-Iyl�j hou&�g -6% �bk N-1 Is eaVdIt fissep�dA Vpesad UW keeaal�Is,tha U��DeID4 UDaI R�l P,*d(the N.") f'4 Ut—.1 Aqatsj,I Nefi&A,Nah�alsa k�as YesslaF DW�l (Aq.,y')De .,4—.1—ti.—b.,-.da7 is Fee+,Ift.d—b,4,De N.Fa—slat de Ag.q,,&.ka "Isas_t as a *M 1�1,g Id,t fyN p*l,aDt-I,f�dN,I—a,t ta z?,e Idek,Ub,Rt—af ta�of 1965. 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AT the Ise"19 dIN,0�,d 0-..d�0—1,2020..,610 �L a p—�—Nd[h*a al-a-us. 1,a h &..a—sod.1 sfi—sig sade,s"be In ef.at k—f*a e�IS —me,I MD. d'"—De bDum a,I—,1.—"9"1"—,, V=g .K Addhkaal weDeat "W"I h Derr— th.,setal M-dg W.ray Mesta" I Ipas—ts,�saitsas aft,+,�Wes�y ,�ewe ers_by,wDdg tha Gty 24 F—0,W I!,,Ne�� DATED,ApsTI 16,202(L Me dii�ty-Council Meeting Agenda May 26,2020— Page 474 of 616 hbt,�ds�,t&�,Smts—mn 1,2021 EXHIBIT 3 UNION DISTRICT PLAN URBAN RENEWAL DISTRICT ORD �E—�ly '8o8u2ncil Meeting Agenda May 26,2020— Page 475 of 616 'VeN(i ian jL 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 May 26,2020— Page 476 of 616 TABLE OF CONTENTS Page 100 INTRODUCTION................... .................................................................................... 1 101 General Procedures of the Agency ......................................................................... 4 102 Procedures Necessary to Meet State and Local Requirements: 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.......................................................................................... 17 307 Relocation of Persons (Including Individuals and Families), Business Concerns, and Others Displaced by the Project..................................................................... 17 308 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................................................................................ ......................... 23 405 Development in the Project Area Subject to the Plan........................ .................. 23 406 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........................................................................... 24 409 Nonconforming Uses ............................................................................................ 25 i Meridian City Council Meeting Agenda May 26,2020— Page 477 of 616 500 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...................................................................... 27 502.2 Assumptions and Conditions/Economic Feasibility Statement................ 28 502.3 Ten Percent Limitation ............................................................................. 29 502.4 Financial Limitation.................................................................................. 29 502.5 Participation with Local Trnprovement Districts and Business Improvement Districts .............................................................................. 31 502.6 Issuance of Debt and Debt Limitation...................................................... 31 502.7 Impact on Other Taxing Districts and Levy Rate..................................... 31 503 Lease Revenue, Parking Revenue, and Bonds...................................................... 33 504 Membership Dues and Support of Community Economic Developmcnt ............ 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............... ......... ........................................................................� 3 8 1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS.......................... 38 1200 APPENDICES, ATTACHMENTS, EXHIBITS, TABLES ............................................. 38 ii Meridian City Council Meeting Agenda May 26,2020— Page 478 of 616 Attachments Attachment I Boundary Map of Union District Urban Renewal Project Area and. Revenue Allocation Area Attachment 2 Legal Descyiption 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 May 26,2020— Page 479 of 616 100 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 I 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(l 0) 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 "Projecf' 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 infon-nation the Plan must include with specificity as follows: (1) A statement describing the totat 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 I Meridian City Council Meeting Agenda May 26,2020— Page 480 of 616 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 inforrnation with specificity. The proposed redevelopment of the Project Area as described in this Plan confornis to the City of Meridian Comprehensive Plan (the "Comprehensive Plan"), adopted by the Meridian City Counci I (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 modification is deemed to have not occurred as provided in Idaho Code § 50- 2903A(1)(a)(i)-(iv) and 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 "[tlhere is a plan amendment to support growth of an existing commercial or industrial project in an existing revenue allocation area . . . ." Idaho Code § 50-2903A(l)(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 11[tjhere 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(l)(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 2 Meridian City Council Meeting Agenda May 26,2020— Page 481 of 616 revitalization of the area within the boundaries of the Project Area. The Agency retains all 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 toots 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(l), (5), (7) and (8). Attachment 5, together with the Plan narrative, meets (he 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, benclies, 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, useable public gathering space and a public structured parking facility or facilities; 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 arc stagnant or improperly utilized because of unusual conditions of title, underserved utilities, and other site conditions; 3 Meridian City Council Meeting Agenda May 26,2020— Page 482 of 616 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; f, The provision of adequate land for open space, street rights-of-way and pedestrian rights-of-way, including pathways; 9. 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 implernentation 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 ftinds 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 propel-ties within the Project Area as a whole C 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 §§ 67-450B, 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. 4 Meridian City Council Meeting Agenda May 26,2020— Page 483 of 616 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 Jdaho Code § 50-2903A. 1OZ 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 200 1, 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 Cowicil 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 P 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 r _J, 2020, by Ordinance No. r 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 C) by E. Idaho Avenue to the north, E, Third Street to the cast, a portion of the railroad right-of-way 5 Meridian City Council Meeting Agenda May 26,2020— Page 484 of 616 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 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 dilapidated structures located on large parcels and previously 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 provided 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 cast side of E. Yd Street. The west side of E. Yd Street south of E. Broadway Avenue has curb and gutters in place with ail 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 ftill length of the property and therefore is not looped into ,,d the Main Street line. Further, the water main located in E, .3 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. Yd 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. Yd Street near the intersection with Broadway. As the lateral turns north across 6 Meridian City Council Meeting Agenda May 26,2020— Page 485 of 616 E. Broadway Avenue, the lateral is piped and undergrounded. The open ditch in this area creates safety concerns for pedestrians. The P[an 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 wetl as other public facilities and improvements, including but not linifted to streets, streetscapes, water and sewer improvements, environmental and floodptain rernediation/site preparation, public parking, other community facilities,parks, and pedestrian/bike paths and traits. Z�- 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 econornic 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-now 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. 7 Meridian City Council Meeting Agenda May 26,2020— Page 486 of 616 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 where the improvements will be sited until any future projects submit plans to the City for design review and pern-iitting. 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 Rill, 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 f�nded, and by year of-ftinding, with earlier years reflecting the more important activities, achievement of higher objectives, long terin 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 part-nership opportunities and the ability of certain strategic activities to stimulate development at 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, public open spaces, construction of a public parking structure or structures and/or public surface parking facilities, and public improvements related to private development of mixed-use commercial, office, and residential buildings. 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 $16,286,437.00. Subject to the City's annual budgeting requirements and the availability of ftinds, the City may contribute to the construction of the community facility in the amount of 8 Meridian City Council Meeting Agenda May 26,2020— Page 487 of 616 $3,000,000.00. The ARencv 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 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 oil the Project Area and Revenue A]location Boundary Map, attached hereto as Attachment I 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 piu-poses 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 enaineering, design, installation, construction, and/or reconstruction of streets and strectscapes, including but not limited to improvements and upgrades to E. Broadway Avenue,N. Main Street, E. 2nd Street, and E. 3 rd Street and related pedestrian facilities, curb and gutter, intersection and rail crossing improvements, and traffic signals; b. The engineering, design, installation, constructi on, and/or reconstruction of stoi-rn 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, gas, fiber optics, communications and other such 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; 9 Meridian City Council Meeting Agenda May 26,2020— Page 488 of 616 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; public parking facilities, a-ad 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, signage, 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 or structures and/or public surface parking lotand related public improvements; 9. 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 propeity 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,public parking facilities, useable public space, pathways, and streetscape improvements to create development opportunities consistent with the Plan, including but not limited to Riture disposition to qualified developers and for qualified developments, including economic development, and/or other public entities; 1. The demolition or removal of certain buildings and/oT improvements for public rights-of-way, pedestrian facilities,utility undergrounding,public parking facilities, useable public space,pathways and strectscape 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 and to promote economic growth and development or redevelopment; 10 Meridian City Council Meeting Agenda May 26,2020— Page 489 of 616 M, 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; T1. The rehabilitation and adaptive reuse and repurposing of existing structures and improvements; 0� 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. 11 Meridian City Council Meeting Agenda May 26,2020— Page 490 of 616 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. 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 use-fulness; unsanitary or unsafe conditions; and defective or very 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 a proactive 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. 12 Meridian City Council Meeting Agenda May 26,2020— Page 491 of 616 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. 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 may be modified to the extent that the existing brownfields, and underatilized,underdeveloped, deteriorated, deteriorating and vacant land, and land now devoted to scattered inconsistent uses may be converted to a i-nixed-use, commercial,retail, and residential area, including a community recreation facility,public open spaces, and a public parking structure and/or a public surface parking lot. In implementing the activities describedin 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-luse 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 owners of property in the Project Area, in the event such a 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, disposition and development agreements or owner participation agreements. In that event, the Agency may allow for an existing or ftiture owner of property to remove the property and/or structure fi-om 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 pursuant to the requirements of the Law and Act, if the rehabilitated or new structure meets the standards set forth in an executed owner participation agreement and complies with the applicable provisions of this Plan, local codes and ordinances and the Idaho Code. 13 Meridian City Council Meeting Agenda May 26,2020— Page 492 of 616 All owner parligWationggreernents will address development timing,justificatio and eligibility of project costs, and achievement of the obiectives of the Plan. The Agency shall retain its discretion in the fundin2 level of its participation. Obligations under owner participation a2reements 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: 0 Encouraging property owners to revitalize and/or rernediate 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 Z3 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. 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,public open spaces, 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 14 Meridian City Council Meeting Agenda May 26,2020— Page 493 of 616 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 confbim to the requirements of this Plan; provided, however, the Ada C ounty 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, constraction, and/or reconstruction of public infi-astructure 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, 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 ZD shall be bound by the Plart 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 15 Meridian City Council Meeting Agenda May 26,2020— Page 494 of 616 projects and expenditures have been estimated a-ad 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 by Idaho law and provided 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 Agency funds to acquire said property either through a voluntary acquisition or the invocation of eminent domain authority as limited by Idaho Code § 7-70 IA. The Agency is authorized by this Plan and Idaho Code §§ 50-20 10 and 50-2018(12) to acquire the propel-ties 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 rail crossings, parking, parks and open space, multi-use paths and trails, power and gas improvements and/or relocations, and other related public infi-astructure improvements, such as a community recreation facility and public stnictured parking facility and/or surface lots. Further, the Agency may acquire real property to 16 Meridian City Council Meeting Agenda May 26,2020— Page 495 of 616 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-Lise, office, residential, commercial, and retail area, as well as a community recreation facility and public structLired 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 propel-ties 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 exec-Lite 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, subject to the limitations set forth in Idaho Code § 7- 701A. 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 as timited by Idaho Code § 7-701A 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. 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 A gency 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 17 Meridian City Council Meeting Agenda May 26,2020— Page 496 of 616 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 z:� ZP 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 inay 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 relocation assistance as may be wai ranted. In the event the Agency's activities result in displacement of families, the Agency shall comply with, at a minimurn, the standards set forth in the Law. The Agency shall also cornply with all applicable state laws concerning relocation benefits and shall �Iso coordinate with [he 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 remediatiou. 309 Property Disposition and Development 309.1. Disposition by the Agency For the purposes of this Plan, the Agency is authorized to set I, lease, lease/purchase, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or decd 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 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 pen-nitted in this Plan. Air rights and subterranean rights may be disposed of for any permitted use within the Project Area boundaries. 18 Meridian City Council Meeting Agenda May 26,2020— Page 497 of 616 309.2 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 the Agency deems 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,'equitab le servitudes, or any other provisions necessary to cart Y 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 propet ty 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, ten-Lire, 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 deten-nined 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, 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 confbimity with the provisions and purposes of this Plan. 19 Meridian City Council Meeting Agenda May 26,2020— Page 498 of 616 e. All new construction shall have.a minimum estimated life as may be reasonable for the proposed development. 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 as may be reasonable for the proposed development. 9 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 tile Project Area. Specifically, the Agency may pay for, install, or construct the public, Improvements authorized 'under Idaho Code Section 50-2007, 50-2018(l 0) 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 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. 20 Meridian City Council Meeting Agenda May 26,2020— Page 499 of 616 310 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 fi-om 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 tile ZD 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. 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. 21 Meridian City Council Meeting Agenda May 26,2020— Page 500 of 616 313 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. 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 frorn 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 the Meridian Arts Commission and may include review and approval of the City Council. When possible, any Agency arts funding will beused 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, public open spaces, 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 Riglits-of-Way tn 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. 2 nd Avenue and E. Yd 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 chances Zn 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 22 Meridian City Council Meeting Agenda May 26,2020— Page 501 of 616 applicable shall be effectuated in the marner 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 (inctuding 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 institations; 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, confolm.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. 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 23 Meridian City Council Meeting Agenda May 26,2020— Page 502 of 616 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 perfori-nance 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, in its discretion, 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 the variation is not contrary to the objectives of this Plan, is not materially detrimental to the public interest and is not contrary to Idaho law. No variation shall be granted 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 incorporate 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 as conditions of approval in applicable Agency agreements, including but not limited to disposition and development agreements and owner participation agreements. Any development must also comply with the City's zoning ordinance regarding heights, setbacks, density and other like standards. 24 Meridian City Council Meeting Agenda May 26,2020— Page 503 of 616 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 P Ian 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 hoe, 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 related to receipt of assistance fi-om the Agency, 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 arc 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. 409 Nonconforming Uses This Section applies to property owners seeking assistance fi-om the Agency regarding their property. The Agency may allow an existing use to remain in an existing building and site ZD 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 C> Project Area. The owner of such a property nnuslL be willing to enter into all 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 nonconfoniiiiig uses shall also comply with the City codes and ordinances. 25 Meridian City Council Meeting Agenda May 26,2020— Page 504 of 616 500 METHODS OF FINANCING THE PROJECT 501 General Description of the Proposed Financing Methods The Agency is authorized to finance this Project with revenue allocation ftinds, financial assistance ftom the City (loans, gants, 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, Ainds, 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 fi-om 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 described on Attachments I 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 alt 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 5 02.1, 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. 26 Meridian City Council Meeting Agenda May 26,2020— Page 505 of 616 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 Plarl 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, -ftiture 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 oil an annual basis without the issuance of notes or bonds. The Agency may also obtain advances or loans frorn 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 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 K-ushlan I Associates and SMR Development, LLC. The Study constitutes the 27 Meridian City Council Meeting Agenda May 26,2020— Page 506 of 616 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 forina 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 64pay as you go" basis. The Agency Board will prioritize the activities set forth in this Plan and deteiTnine 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 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 28 Meridian City Council Meeting Agenda May 26,2020— Page 507 of 616 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 aye mixed-use, residential, commercial, office and retail projects, and related public improvements, as well as a cominunity- recreation facility, public open spaces, 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 a]I revenue a]location areas cannot exceed gross/net ten percent (10%) of the current assessed taxable value for the entire City. According to CD 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)' $131,252,900 Ten Mile District $12,582,900 Union District $2,163,380 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 ftinding 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 I Due to the timing of the assessment process and creation of this Plan,the 2019 values have been used to establish compliance with the 10% 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 assurning 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. 2 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 May 26,2020— Page 508 of 616 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 feasibili(y 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 anticipated 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 Tdaho 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 arnounts projected in the Study for the purpose of funding the additional identified projects mid iniprovements. 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 in this Plan, 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 sorne 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 ministerial in nature and shall not be considered a modification of the Plan pursuant to Idaho Code § 50-2903A. Attachrrient 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 ceitainty 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 detern-tining 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 30 Meridian City Council Meeting Agenda May 26,2020— Page 509 of 616 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 thereceipt 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 ("LID") 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, stori-n 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 ftinding 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 LTD 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, 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 Art 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 revertue 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 I of the year in 31 Meridian City Council Meeting Agenda May 26,2020— Page 510 of 616 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 arc 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. Propel-ties 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 a]location funds to fund certain significant public infrastructure improvements. 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 fTom 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(l)(a). 32 Meridian City Council Meeting Agenda May 26,2020— Page 511 of 616 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: Taxina 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 primarily based on the Idaho Legislature's intended study of the property tax system, as well as the recognition of the termination of the Meridian Revitalization Plan Urban Renewal Project during the life of this Plan and Project Area. For purposes of this Plan and the Study, the levy rate is estimated conservatively to be .0065, which is an almost 10% reduction of the estimated applicable levy rate set forth above. 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. 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 I Due to the timing of the taxing districts' budget and levy setting process, certification of the 2020 levy rates did not occur until after 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 arc used. Use of the 2019 levy rates provides a more accurate base than estimatbig the 2020 levy rates, 33 Meridian City Council Meeting Agenda May 26,2020- Page 512 of 616 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 fiInds, but rather funds fi-orn 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 Rinds. 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 supp ort non- profit organizations established to support Agency best practices and administration. The District Operating Expenses 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. 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 34 Meridian City Council Meeting Agenda May 26,2020— Page 513 of 616 property, both public and private, within the Project Area throughout the duration of this Plan. 0. Building Code enforcement. f. Performance of the above actions and of all other functions and services relatinc, ID to public peace, health, safety, and physical development-normally Tendered 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. 9. 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 improvernents 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. Tn 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 or other applicable public entity. 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 appropriate entity, public or private,who has benefited fi-om or is involved in the ongoing preservation of the public improvement. The Agency expects to dedicate public improvements to the City. 35 Meridian City Council Meeting Agenda May 26,2020— Page 514 of 616 700 ENFORCEME,NT 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. 4:� 800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW 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 conternplated 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 I of the termination year. 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 P lan and its revenue allocation authority by May 1, 2 04 1, or if the Agency determines an earlier terminate date, then by May I of the early termination year: a. When the Revenue A]location 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 corne 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, 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 36 Meridian City Council Meeting Agenda May 26,2020— Page 515 of 616 expenses of the Plan and make a determination as to whether the Revenue Allocation Area can be terminated before January I 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 are 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(l)(a)(iv).. As more specifically identified above, the Agency's projections are based on estimated values, estimated levy rates, estimated future 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 inore/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(l)(a)(i). 37 Meridian City Council Meeting Agenda May 26,2020— Page 516 of 616 1000 SEVE RABILITY 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 RE PORTING 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 registly 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 incrernent 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 May 26,2020— Page 517 of 616 UNION DISTRICT CITY OF MERID1AN, ADA COUNTY, IDAHO E PINE AVE z 3: i z m m IT! K N) w > z z 0 Cn -4 > 0) z ;a Q S L"3829"E 464.82' E IDAHO AVE ........... k6 .............................. ............ ............................... .. . ..... ............ .......... 5 88'4224-E 380,05, ......... ..... E BROADWAY AVE ......................... ........... .......... . ................... ........... ................................. .............. ...... ....... .............................. ko ............................ ............ ..... .... ........... 0-A ......................... ............. .................... ................. .......... ............ ...... ........ ..... ....... ......................... ...................................................... ...............1.11.1-1.1-11—.--................. ........... ......................... .............................. . .................................................. ................ ... ........... ............................ .......................................I.................................... LU ........... . .. .. . .......................................................:.......... ........... ......... ................... ............................ .................................... ....... .......... .... ....... ................ ....... ......... ........................ ..................... ..... .. ........... ...... .... .....;., .... . .......................m.-................-'.. - .=; .............................. ........................ .............. ........... ..................................... .... ..... R ....... .. ................A ...............- ... . ........... .. ............ ............. ....... .............. ............ 88030'19" 831,04. ................ v,,- 1�574 ! ? Cb, z —-—-—-T E FRANKLIN RD OF !C%!�h�PjY;4-37'V-— - -—-—-—-—-—-— 1328.12' r 8 P BEXG NTS PRQJECT� OWNERIDEVELOPER,, 2030 S. WASHING70N AVE. DWG# UNION DISTRICT BILL TRUAX EMMETF,ID 8.3617 120018-EX ANNEXATION EXHIBIT MERIDIAN,ID. P: 208)396-8104 PRojEcr# SEC, 7, T3N, RIE, B.M. 208-914-6131 F, �'21108)398-8105 120018 dWr007- SHEEr ADA COUNTY, IDAHO DATE: W2020 WWW.SAWT00THLSZ0M 1 OF 1 Meridian City Council Meeting Agenda May 26,2020— Page 518 of 616 Attachment I Project Area and Revenue Allocation Area Boundary Map Meridian City Council Meeting Agenda May 26,2020— Page 519 of 616 Attachment 2 Legal Description of Project Area and Revenue Allocation Area An area consisting of approximately 16 acres as more particularly described as follows: zn Meridian City Council Meeting Agenda May 26,2020— Page 520 of 616 5awtooth Land 5urveytn6j, LLC 65AWLO-07-1 F: (208) 398-8�04 f: (208) 398-8105 2030 -9. Wa5hincjtoti Ave., Emmett, ID ,53G 17 De-Annexation & Annexation Legal Description for Union District A tract of land consisting of approximately 15.90 acres being a portion of Section 7, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, 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 I 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 1/1 6th Comer on said section line;thence North 53'0 1'09" 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 o1way 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., 390.05 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 1'2 1'54" West, coincident with said easterly right of way of E. 3rd 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, 83 1.04 feet to the POINT OF BEGINNING. 11574 c' 4;�/j OF SEA 7- Meridian City Council Meeting Agenda May 26,2020— Page 521 of 616 Attachment 3 Properties (Public and/or Private) Which May Be Acquired by Agency Properties which may be subject to acquisition by the Agency 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, sticetscapes, water and sewer improvements, environmental and floodplain remediation/site preparation, public parking, community and recreation facilities, parks, pedestriaii/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. ZD 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). 4. 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 Plan for the Project Area. Meridian City Council Meeting Agenda May 26,2020— Page 522 of 616 Attaclunent 4 Map Depicting Expected Land Uses and Current Zoning Within Revenue Allocation Area and Project Area Meridian City Council Meeting Agenda May 26,2020— Page 523 of 616 Lj Z -AH VO At C�U- H19 3N—J C� - LO (D 0 0 IS HIS 3N 3AV r L- HIS-- D EL a� 3N 101 mr LU IS HIP 2N &W > 0 LU Uj > ins a i�—! LUUJ 09. LU 3t LU IS ONZ Nim4momemis 3N Ui LU LU INIEfElftim Elm ....... ...... .... ... Uj z ;L 1113W ............. LU :? 0 gn is IS[ MN 0' . Ui 3:111T ISUNZMN < Uj 0 > ad ANO 4 CO 0 :33: Y 0 �7 -Ir W �2 U U 3 -'L 0 0� Q� O'� 1-3 is as e MN A 0 ------�-4, Meridian City Council Meeting Agenda May 26,2020— Page 524 of 616 dft U) —N 1 At IS-Hi9,3N— ' U- LO 3N 3AV LO 04 His 3N C, LU IS HIP 3N .0 0 LU LU > I I ft J�- GVC 3N —Uj �-:K --q RI '0 LU .6 - T �i Q� LLI UJEII H 71 IS CINZ 3N' ------- IS GNZ 3N -T Ll Z I L M. MPLU LU W-Um- I m 0 LUUJ LU�E 1 . 1 9 IN W) LU LLI 0 > C CO i- Q) IS ISL MN Cir -0 Ui 0 -E > D rV C V1 (D IS CNZ MN 4 (D 0 LU 0 44 V) > w E =) =4c LLLU do -2 0 -0 3: 0 -0 U 0 FIR -0 x ::E -9 U 0 :�i !21SCIUMN : U- F--F---� Meridian City Council Meeting Agenda May 26,2020— Page 525 of 616 Attachment 5 Economic Feasibility Study 4840-3668-4470,v.4 Meridian City Council Meeting Agenda May 26,2020— Page 526 of 616 ECONOMIC FEASIBILITY STUDY ATTACHMENT 5.1 Public Improvements within the Revenue Allocation Area This Attachment includes a statement listing the kind, number, and proposed location of all proposed public works or improvements proposed to be installed within the Project Area, together with the estimated costs of such improvements pursuant to Idaho Code § 50-2905. This Attachment also sets forth a finding as to the economic feasibility of the proposed Project recognizing the specific assumptions used in the modeling, including a description of the methods of financing the estimated project costs, the timing of development and cash flow analysis. As more fully set forth in the Plan, the proposed Project to be funded by revenue allocation funds includes fully improved streets, utilities, and other public rights-of-way amenities, as well as park and open spaces, a community center and associated public parking facilities and/or structures. The Meridian Development Corporation ("M DC") Public Improvement List set forth below identifies with specificity 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 architects and consulting engineers are based upon prices for similar construction in the broader area for 2020 and have not been adjusted for inflation, Estimated costs proposed to be incurred in implementing the Plan are as follows. Public improvement List Proposed Public Infrastructure, Including Engineering, Design, Installation, Construction, and/or Reconstruction of: Improvements to 3rd Street Improvements to Broadway Avenue Intersection Improvements and Rail Crossing Safety Enhancements Pedestrian Improvements Streetscape Improvements Sewer Infrastructure Improvements Water Infrastructure Improvements Electrical Distribution Improvements Right-of-Way Landscaping Improvements Utility Relocations Lateral Relocation and Improvements Attachment 5 - 1 Meridian City Council Meeting Agenda May 26,2020— Page 527 of 616 Irrigation and Drainage Improvements Sub-total $1,215,000 Additional Public Parking Facilities and Open Space $1,510,000 Civic Block Improvements Civic Block Site Improvements $1,615,000 Structured Public Parking $4,250,000 Sub-Total $5,865,000 Community Center Construction $6,450,000 City of Meridian Community Center Contribution (53,000,000) Net Project Area Cost Construction $3,450,000 Total Civic Block and Structure Parking Cost $12,315,0001 Grand Total $12,040,000 It is understood the estimated costs detailed above will change over the life of the Plan due to inflation, further project refinement, timing and bidding. The cost estimates are a necessary assumption in determining economic feasibility and are estimates for the purpose of financial planning. Based on the assumptions made in the Study, the Project Area is estimated to generate $16,286,437 in tax increment/revenue allocation proceeds between 2020 and 2040. Initial urban renewal planning costs are estimated to be funded by a $75,000 interfund loan from MDC. Additionally, the Study assumes a $3,000,000 contribution from the City to support the construction of the proposed community center.The City's anticipated contribution is from Parks and Recreation impact fees that have been collected for a community center. At this time the City has not obligated any funds from impact fees or the general fund for the proposed community center. The estimated total resources for the Project are estimated to be $19,361,437. As identified above, there are presently$12,040,000 of estimated total Project Costs related to the Project after the City of Meridian's contribution. The feasibility analysis assumes Projects will be implemented and advance-funded by property owners and/or ' Includes City Community Center Contribution. Attachment 5 - 2 Meridian City Council Meeting Agenda May 26,2020— Page 528 of 616 developers. For purposes of Idaho Code § 50-2905 and the Study, it is assumed that any owner or developer participant in the Project will be reimbursed with tax increment/revenue allocation proceeds through an owner participation agreement (OPA) negotiated by and between MDC and any owner and/or developer participant. Based on information from IVIDC staff, IVIDC currently administers OPAs in existing project areas utilizing 75% or 90% reimbursement to the owner or developer participant from tax increment/revenue allocation proceeds, In analyzing the economic feasibility of the proposed Project, an assumption of a 75/25 split is used recognizing the actual split will be subject to any negotiated OPA. For purposes of determining economic feasibility of the Project, administrative costs (District Operating Expenses) over the 20-year life of the Project Area are estimated to be $968,105 or approximately 6% of total estimated revenue. Thisamountwas calculated using the assumption of 10% of annual tax increment/revenue allocation proceeds for administration of the Project Area or $50,000 per year. The actual amount of administrative costs will be set forth and determined in the IVIDC's annual budget; however, for purposes of economic feasibility an estimate of costs is necessary. The initial interfund loan from IVIDC for preliminary Project Area costs is estimated in the Study to be repaid at 5%simple interest for a total obligation of$112,500. Considering the estimated revenue allocation proceeds over the life of the Project Area less the estimated Project costs, there is estimated to be a $100,000 positive balance of at the end of the 20-year term, rendering the Project economically feasible. Attachments 5.3 and 5.4 provide detailed information concerning revenue estimates and cash flow analysis. In analyzing the methods of financing, secure funding includes revenue allocation funds and is money the IVIDC is highly likely to receive should private development occur within the Project Area. The funds may not be in the IVIDC's possession at the beginning of the Plan period, but it is virtually certain IVIDC will receive the funds should private development proceed as proposed. IVIDC may need to take specific actions to generate the funding, but those actions are within its 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 IVIDC over the life of the Project Area. It is funding the IVIDC is eligible for and 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 proposed City capital contribution to the community center and grant funds are examples of potential funding. Additionally, the issuance of bonds is not anticipated in this analysis. Potential funding is not assumed in determining economic feasibility. Attachment 5 -3 Meridian City Council Meeting Agenda May 26,2020— Page 529 of 616 Unfunded Projects, or portions of Projects are those lacking secure or potential funding. Unfunded Projects are not considered or assumed in determining economic feasibility. It is generally understood, the amount of tax increment/revenue allocation contributed to the Project will vary from the assumptions and estimates used in the economic feasibility study depending upon actual revenue and the actual cost of the Projects. Other sources of funding for Projects may include, but are not limited to: Local Improvement Districts (LID) Business Improvement Districts (BID) Development Impact Fees Franchise Fees Grants from federal, state, local, regional agencies and/or private entities Other bonds, notes and/or loans Summary of Estimated Cost of Operations and Improvements by Year Based on Assumptions(2020-2041) Y, e 6. '05P't ' 't - Poll li`, A LR' kqjic' -7 Q),'Okl N"D pera I ........... "11, -05 0 o "40' J, m NOW @Xllfl 00"ol" --A 2020 $75,000 $0 $25,000 $0 2021 $0 $0 $25,000 $0 25 2022 $0 $0 $25,000 $0 2023 $447,366 $0 $44,737 $40,000 $335,52S 4 ' .A� 21 2024 $456,578 $0 $48,368 $45,000 $342,434 0-'' 2025 $823,409, $0 $S0,000 $27,500 $617,5S7 0 2026 $840,141 $0 $50,000 $0 $630,106 2027 $857,207 $0 $50,000 $0 $643,475 2028 $874,615 $0 $50,000 $0 $824,615 2029 $892,371 $0 $50,000 $0 $842,371 2030 $910,482 $0 -- $50,000 $0 $860,482 2031 $928,955 $0 $50,000 $0 $878,955 4,111"', 2032 $947,797 $0 $50,000 $0 $897,797 2033 $967,016 $0 $50,000 $0 $917,016 2034 $986,619 $0 $50,000 $0 $936,619 2035 $1,006,614 $0 $S0,000 $0 $956,615 2036 $1,027,008 $0 $50,000 $0 $977,008 2037 $1,047,811 $0 $50,000 $0 $997,811 2038 $1,069,029 $0 $50,000 $0 $1,019,029 2039 $1,090,672 $0 $S0,000 $0 $1,040,672 2040 $1,112,747 $0 $50,000 $0 $1,462,746 1-474' 2041 $0 $0 , 0 KIM Attachment 5 -4 Meridian City Council Meeting Agenda May 26,2020- Page 530 of 616 ATTACHMENT 5.2 Determination of Economic Feasibility Based on Assumptions Based upon reasona b le assum ptions and recognizing M DC's ability to prioritize Projects in its budget and negotiate the terms of any owner participation agreement with an owner and/or developer, the Plan is deemed to be economically feasible as the estimated revenue in the Project Area exceeds the estimated Project costs. The economic feasibility of the Plan is based, in part, on the following factors: The value of new taxable private development proposed in the Project Area The timing of the proposed taxable development The nature of the propose taxable development The amount of tax increment/revenue allocation proceeds to be generated by proposed development The estimated cost of public improvement projects in 2020 dollars That the Projects are assumed to be advance funded by any owner or developer in the Project Area to be reimbursed with tax increment/revenue allocation proceeds overtime pursuant to negotiated owner participation agreements. 0 If estimated revenue projections equal or exceed estimated project costs, the Plan is deemed to be economically feasible. The following is a summary of the analysis and estimates of the factors used to determine the economic feasibility of the IVIDC Union District Urban Renewal Plan. Attachments 5.3 and 5.4 provide a more detailed outlook on the revenues and expenses in determining economic feasibility. The following assumptions were used in Attachments 5.3 and 5.4 to support of finding the Project meets the requirements of economic feasibility: • Land Value Increases @ 1%/Yr. • Improvement Value Increases @ 2%/Yr. • Applicable Levy Rate is reduced from the 2019 certified applicable levy rates by an estimated 10% and held constant through the life of the Plan and Project Area. The Applicable Levy Rate does not include any exempted levies as identified in Idaho Code § 50-2908 • Total estimated Cost of Improvements over the life of the project: $12,040,000, afterthe City of Meridian's contribution to the community center in the amount of$3,000,000 • Attachment 5.4 assumes 75% of the annual available tax increment/revenue allocation will be committed to reimburse an owner Attachment 5 -5 Meridian City Council Meeting Agenda May 26,2020— Page 531 of 616 or developer for advance-funded public improvements. Itisunderstood and recognized the actual reimbursement percentage is a term to be negotiated under any OPA o Attachment 5.4 provides for "Additional Principal" payments to any owner or developer if sufficient funds are available and provided for in any OPA In summary, based on the assumptions as set forth in Attachments 5.1 and 5.2, and as supported by Attachments 5.3 and 5.4, it is evident the Project will generate adequate revenue within the Project Area to fund the necessary Projects rendering the Project economically feasible. 4852-5600-2807,v.7 Attachment 5 - 6 Meridian City Council Meeting Agenda May 26,2020— Page 532 of 616 LD CO Cn r- Ln �n P, �D M 00 m r, rl� tq rl� �R n 17 OL rl� R LR 14t :� oz� q to I- 0) C3 r, Cn C� r1l �t W r, M rn Ln r- 01 H n LO m �r r, r, w CO 03 CO 00 00 CY) 0) m m (n Ct R R vi- o 0 a 0 0 0 0 0 0 C3 0 CD 0 0 0 8 C9 9 0 0 C) C3 C3 C3 C� C� C� C� a) 0 0 0 ID CD ID C) 0 0 0 0 0 0 6 6 6 6 C� d 6 d CS & 6 & Ln Ln Ln Ln Ln to Ln Ln Ln Ln in Ln Ln u� Lh m Ln En tr� tf� tr� 4a V� /� tn t4 vl� V)� V�- t� J). lr� in J). 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'A 111� V� V'� �n V� 'A -A in iA V� 0 H N m -t Ln %0 P. a* m 0 r4 m �t Ln to r, oo m c r4 f4 r4 �4 N N r4 N N en en m rn rn m rn en m m �v r4 N N N N N N �4 N N c4 rq N N c4 N rq N r4 r4 r4 Meridian City Council Meeting Agenda May 26,2020— Page 533 of 616 CL 0 x 0 CD E m Meridian City Council Meeting Agenda May 26,2020— Page 534 of 616 T 0 v C; 16 1; -7 0 R 111 4 T- I o r N 0 N. R R 44 v P R 11� Lr� -Z tz C� U 0 N C; 6 Ln C� C� Ili 0� C� in m x t: cc 13 Cc E C 0 0 Meridian City Council Meeting Agenda May 26,2020— Page 535 of 616 N, ............. 0 0 . w W. g, u X 4J 4-0 U .I.... ..... . .... '7 "A -15 "J 4 U. "'2 1,0 M U -2, 4� X, I r Al A ",14C 4! M 21 -�A P", gig Meridian City Council Meeting Agenda May 26,2020— Page 536 of 616 MERIDIAN DEVELOPMENT CORPORATION THE URBAN RENEWAL AGENCY OF THE CITY OF MERIDIAN RESOLUTION NO. 20-009 BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, A/K/A THE MERIDIAN DEVELOPMENT CORPORATION: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, ALSO KNOWN AS THE MERIDIAN DEVELOPMENT CORPORATION, RECOMMENDING AND ADOPTING THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING AND DIRECTING THE CHAIR OR VICE-CHAIR OF THE AGENCY, OR THE AGENCY ADMINISTRATOR, TO TAKE APPROPRIATE ACTION; AUTHORIZING AND DIRECTING THE AGENCY ADMINISTRATOR AND SECRETARY OF THE AGENCY TO MAKE CERTAIN TECHNICAL CHANGES; PROVIDING FOR THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal Agency of Meridian, Idaho, also known as the Meridian Development Corporation, an independent public body, corporate and politic, authorized under the authority of the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"), a duly created and functioning urban renewal agenqy for Meridian, Idaho, hereinafter referred to as the "MDC." WHEREAS, on July 24, 2001, the City Council (the "City Council") of the City of Meridian, Idaho (the "City"), adopted Resolution No. 01-367 establishing MDQ WHEREAS, on October 8, 2002, the City Council, after notice duly published, conducted a public hearing on the Meridian Revitalization Plan Urban Renewal Project, which is also referred to as the Downtown District (the "Downtown District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 02-987 on December 3, 2002, approving the Downtown District Plan and making certain findings; RESOLUTION NO. 20-_��01- I Meridian City Council Meeting Agenda May 26,2020— Page 537 of 616 WHEREAS, on June 14, 2016, the City Council, after notice duly published, conducted a public hearing on The Ten Mile Road Urban Renewal Plan (the "Ten Mile Plan"). The public hearing was continued to June 21 , 2016, for further testimony; WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 16-1695 on June 21, 2016, approving the Ten Mile Plan and making certain findings; WHEREAS, the Downtown District Plan and the Ten Mile Plan and their project areas are referred to as the Existing Project Areas; WHEREAS, pursuant to Idaho Code § 50-2008, an urban renewal project may not be planned or initiated unless the local governing body has, by resolution, determined such area to be a deteriorated area or deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; WHEREAS, Idaho Code § 50-2906, also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan is a deteriorated area or deteriorating area; WHEREAS, based on inquiries and information presented by certain interested parties and property owners, MDC commenced certain discussions concerning examination of an area as appropriate for an urban renewal project; WHEREAS, in 2019, Kushlan I Associates and SMIR Development, LLC commenced an eligibility study and preparation of an eligibility report for an area about 16 acres in size and currently located within the boundaries of the Downtown District Plan, which area is currently the subject of a plan amendment to the Downtown District Plan to de-annex the proposed area. The area is generally east of Main Street, south of Idaho Avenue, west of E. 311 Street, and north of the Union Pacific Railroad right-of-way. The eligibility study area is commonly referred to as the Union District area; WHEREAS, MDC obtained the Union District Urban Renewal District Eligibility Report, dated February 2020 (the "Report"), which examined the Union District Area for the purpose of determining whether such area was a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, pursuant to Idaho Code §§ 50-2018(9) and 50-2903(8), which define a deteriorating area and a deteriorated area, many of the conditions necessary to be present in such an area are found in the Union District Area; WHEREAS, the effects of the listed conditions cited in the Report result in economic underdevelopment of the area, substantially impairs or arrests the sound RESOLUTION NO. 20- - 2 Meridian City Council Meeting Agenda May 26,2020— Page 538 of 616 growth of a municipality, constitutes an economic or social liability, and is a menace to the public heath, safety, morals, or welfare in tis present condition or use; WHEREAS, the MDC Board, on February 26, 2020, adopted Resolution No. 20- 003 accepting the Report and authorized the MDC Chair, Vice-Chair or Administrator to transmit the Report to the City Council requesting its consideration for designation of an urban renewal area and requesting the City Council to direct MDC to prepare an urban renewal plan for the Union District Area, which plan may include a revenue allocation area as allowed by the Act; WHEREAS, the City Council, by Resolution No. 20-2188, dated March 10, 2020, declared the Union District Area described in the Report to be a deteriorated area or a deteriorating area as defined by Chapters 20 and 29 of Title 50, Idaho Code, as amended, that such area is appropriate for an urban renewal project and directed MDC to commence preparation of an urban renewal plan for the area designated; WHEREAS, MDC has embarked on an urban renewal project referred to as the Urban Renewal Plan for the Union District Urban Renewal Project ("Union District Plan") to redevelop a portion of the City, pursuant to the Law and the Act, as amended; WHEREAS, the Union District Plan proposes to create an urban renewal area commonly known as the Union District Project Area, which area is shown on the Project Area and Revenue Allocation Boundary Map and generally described in the Description of the Project Area and Revenue Allocation Area, which are attached to the Union District Plan as Attachments 1 and 2 respectively. The Union District Project Area includes area to be deannexed from the Downtown District Plan, to be amended by the First Amendment to the Meridian Revitalization Plan; WHEREAS, in order to implement the provisions of the Act and the Law either MDC may prepare a plan, or any person, public or private, may submit such plan to MDC; WHEREAS, MDC and interested property owners, developers and consultants have prepared the proposed Union District Plan for the area previously designated as eligible for urban renewal planning; WHEREAS, the Act authorizes MDC to adopt revenue allocation financing provisions as part of an urban renewal plan; WHEREAS, the Union District Plan also contains provisions of revenue allocation financing as allowed by the Act; WHEREAS, in order to implement the provisions of the Law and the Act, MDC shall prepare and adopt the Union District Plan and submit the Union District Plan and recommendation for approval thereof to the City; RESOLUTION NO. 20- - 3 Meridian City Council Meeting Agenda May 26,2020— Page 539 of 616 WHEREAS, as required by the Law and the Act, MDC has reviewed the information within the Union District Plan concerning the use of revenue allocation funds and approved such information and considered the Union District Plan at its meeting on March 25, 2020; WHEREAS, the IVIDC Board, at several IVIDC Board meetings during 2020, has considered public improvements related to the Union District Project Area; WHEREAS, the Union District Plan will be tendered to the Planning and Zoning Commission and to the City for their consideration and review as required by the Law and the Act,- WHEREAS, under the Act, the Union District Plan shall include with specificity the following: (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 in the revenue allocation area; and (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 Idaho Code § 50-2903(20); and (8) a description of the disposition or retention of any assets of the agency upon the termination date; WHEREAS, it is necessary and in the best interests of the citizens of the City to recommend approval of the Union District Plan and to adopt, as part of the Union District Plan, revenue allocation financing provisions that will help finance urban renewal projects to be completed in accordance with the Union District Plan in order to (1) encourage private development in the urban renewal area; (2) to prevent and arrest decay of the Union District Project Area due to the inability of existing financing methods to provide needed public improvements; (3) to encourage taxing districts to cooperate in the allocation of future tax revenues arising in the Union District Project Area in order to facilitate the long-term growth of their common tax base; (4) to encourage the long-term growth of their common tax base; (5) to encourage private investment within the City and (6) to further the public purposes of MDC; WHEREAS, the MDC Board finds that the equalized assessed valuation of the taxable property in the revenue allocation area described in Attachments 1 and 2 of the Union District Plan is likely to increase as a result of initiation of urban renewal projects in accordance with the Union District Plan: RESOLUTION NO. 20- -4 Meridian City Council Meeting Agenda May 26,2020— Page 540 of 616 WHEREAS, under the Law and Act, any such plan should provide for (1) a feasible method for the location of families who will be displaced from the urban renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan should conform to the general plan of the municipality as a whole; (3) the urban renewal plan should give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of the children residing in the general vicinity of the site covered by the plan; and (4) the urban renewal plan should afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; WHEREAS, if the urban renewal area consists of an area of open land to be acquired by the urban renewal agency, such area shall not be so acquired unless (1) if it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which 'is decent, safe and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas-, that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare-, and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality, or (2) if it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this act, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area; WHEREAS, the base assessment roll of the proposed Union District Project Area, together with the base assessment roll values of the Existing Project Areas, cannot exceed ten percent (10%) of the current assessed values of all the taxable property in the City; WHEREAS, the MDC Administrator and consultants recommend the MDC Board accept the Union District Plan and forward it to the City Council; WHEREAS, the MDC Board finds it in the best interests of MDC and the public to formally adopt the Union District Plan, as set forth in Exhibit 1 attached hereto, and to forward it to the Mayor and City Council, and recommend its adoption, subject to certain conditions. RESOLUTION NO. 20- - 5 Meridian City Council Meeting Agenda May 26,2020— Page 541 of 616 NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the above statements are true and correct. Section 2. It is hereby found and determined that the Union District Project Area as defined in the Union District Plan is a deteriorated area or a deteriorating area as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law. Section 3. That MDC specifically adopts the Union District Plan along with any changes discussed at the March 25, 2020, MDC Board meeting, including but not limited to confirmation of levy rates, impacted taxing districts, updated list of projects, estimated location or siting of improvements, updated map or legal description, or other attachments, and any modifications to the financial analysis previously prepared by consultants, Kushlan I Associates and SMR Development, LLC. Section 4. That MDC recommends that the Union District Plan, a copy of which is attached hereto as Exhibit 1, and incorporated herein by reference, be adopted by the City Council, including those sections, modifications, or text, or replacement of attachments as discussed at the March 25, 2020, MDC Board meeting. Section 5. That this Resolution constitutes the necessary action of MDC under the Act, Idaho Code § 50-2905, recommending approval by the City Council and that the Union District Plan includes with specificity the following: (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 in the revenue allocation area; and (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 Idaho Code § 50-2903(20); and (8) a description of the disposition or retention of any assets of the agency upon the termination date. Section 6. It is hereby found and determined that, (a) The Union District Plan gives due consideration to the provision of adequate park and recreation areas and facilities that may be desirable for neighborhood improvement (recognizing the RESOLUTION NO. 20- - 6 Meridian City Council Meeting Agenda May 26,2020— Page 542 of 616 commercial and mixed-use components of the Union District Plan and the need for public improvements), and shows consideration for the health, safety, and welfare of any residents or businesses in the general vicinity of the Union District Project Area covered by the Union District Plan. (b) The Union District Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation, development and redevelopment of the Project Area by private enterprises. (c) The Union District Plan provides a feasible method for relocation of any displaced families residing within the Union District Project Area. (d) The portion of the Union District Project Area which is identified for residential uses is necessary and appropriate as there is a shortage of housing of sound standards and design which is decent, safe and sanitary in the City; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area of residential uses is an integral part of and essential to the program of the City. (e) The portion of the Union District Project Area which is identified for non-residential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the Comprehensive Plan to overcome economic disuse, the need for improved traffic patterns and the need for the correlation of this area with other areas of the City. (f) The base assessment roll of the proposed Union District Project Area, together with the base assessment roll values of the Existing Project Areas, do not exceed ten percent (10%) of the current assessed values of all the taxable property in the City. (9) The Union District Plan includes a revenue allocation provision and MDC has determined that the equalized assessed valuation of the revenue allocation area will likely increase as the result of the initiation of an urban renewal project. RESOLUTION NO. 20- -7 Meridian City Council Meeting Agenda May 26,2020— Page 543 of 616 Section 7. That this Resolution constitutes the necessary action of MDC under the Law, Section 50-2008, Idaho Code and the Act. Section 8. The Chair, Vice-Chair, or Administrator and the Secretary of MDC are hereby authorized and directed to take all steps necessary and convenient to submit the proposed Union District Plan for approval by the City Council, including but not limited to the preparation of the noflce of public hearing on adoption of the revenue allocation financing provisions by the City and submittal of the Union District Plan to the various taxing entities as required by Idaho Code § 50-2906� Section 9. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED AND ADOPTED by the Urban Renewal Agency of the City of Meridian, Idaho, also known as the Meridian Development Corporation, on March 25, 2020, Signed by the Chairman of the Board of Commissioners and attested by the Secretary to the Board of Commissioners, on March 25, 2020. APPROVED: B Z gZe�'6— /,Z4 Chair of the Board ATTEST: 2 S�e�c�ret e�� 4832-1165-1255, v. I RESOLUTION NO. 20- - 8 Meridian City Council Meeting Agenda May 26,2020— Page 544 of 616 EXHIBIT 4 SUMMARY OF ORDINANCE URBAN RENEWAL DISTRICT ORDW ,(,SE ian iL,,,2ncii Meeting Agenda May 26,2020— Page 545 of 616 E IDIAN,-- Community Development Dept. Meridian City Hall, Suite 102 Community Development IDAHO 33 E. Broadway Avenue Department Meridian, Idaho 83642 MEMORANDUM DATE: May 20,2020 TO: Mayor Simison and Meridian City Council Members FROM: Cameron Arial, Community Development Director RE: Urban Renewal Deannexation and New Union District Plan Background Dear Mayor and Members of the City Council, In partnership,the City and Meridian Development Corporation (MDC)continue to advance downtown revitalization efforts according to the City's Strategic and Comprehensive Plans and MDC's Destination Downtown plan. Below is a brief summary of this significant step in accomplishing these plans:the First Amendment to the Meridian Revitalization Plan ("Amendment") providing for the cle-annexation of 15 parcels from the original downtown urban renewal plan; and the new Union District Urban Renewal Plan ("Plan").We felt this would be helpful to bring you up to speed and aid in your evaluation of the proposal. The May 2611,2020 meeting and this memo is to inform the Council of past context,communicate pertinent information,and to aid the Council in its preparation for the official public hearing scheduled for June 2,2020. Final City Council action is to be taken on June 9, 2020 after the public hearing. HistorV The City and MDC are pursuing the creation of a new 16-acre urban renewal district in downtown Meridian to generate needed economic opportunities for the entire community and upgrade critical infrastructure. The City and MDC have been working to accomplish key initiatives of the City's Strategic and Comprehensive Plans and MDC's Destination Downtown revitalization plan for quite some time. Last year an RFP for a downtown development concept was broadly distributed in an effort to redevelop City-and MDC-owned properties between Idaho and Broadway and 2nd and 3rd Streets, known as the Civic Block.A third party developer(Galena Opportunity Fund)was unanimously selected and approved by both the City Council and MDC Board to assist in the redevelopment of the properties in a true Public Private Partnership.The developer proposed to harness the tax increment financing(TIF) revenues of urban renewal from their conceptual project on the Union Pacific properties to the south and channel those revenues to public improvements to accomplish many of the City's and MDC's strategic goals.This was the genesis of the proposal before you. Current Advancements Since then,the City and MDC have been moving forward to make the proposal a reality.A major part of the process is the cleannexation of the proposed properties from the existing urban renewal district and the creation of a new district encompassing those properties. Urban renewal districts are designed to help alleviate blight, encourage economic vibrancy,spur private investment, and fund important public infrastructure improvements.The Civic Block area being considered is the most underdeveloped part of downtown Meridian.The area could greatly benefit from upgrades to the sidewalks, community lighting,water and sewer lines and roads to name just a few needs. Currently, it sits within the existing urban renewal district. However,with only six years left until the existing district expires, more time is needed to generate the necessary TIF revenues to fully redevelop and tackle needed public infrastructure improvements. 33 E. Broadway Ave, Mericli%[�,8381,,2 - PhQM 208-8�4-5g�3�- F2V J&88�-6854-lni�-meridiancity.org n an i y Cound eeting Agen a ay , — age 546 0 Third party consultants funded at the expense of the developer have conducted an eligibility assessment of the properties and have found that they meet the requirements for inclusion in a new district.Their report was reviewed and accepted by the MDC Board.The City Council approved the Eligibility Report on March 10, 2020.The City Council reviewed the draft Amendment and proposed new Union District Plan at its March 17,2020 meeting, referring the documents to the Planning and Zoning Commission as required. The Planning and Zoning Commission adopted Resolution No. 20-01,validating conformity of the Amendment and Resolution No. 20-02,validating conformity of the Union District Plan with the City's Comprehensive Plan.The staff analysis presented to the Commission is attached. This is the first of three required readings of Ordinance No. 20-1881 approving the Plan Amendment and Ordinance No. 20-1882 approving the Union District Plan. STAFF ANALYSIS Legal staff has reviewed State Code and confirms that the process has followed statutes, including the required distribution of both documents to all affected taxing entities. Amendment The Amendment is required to cle-annex the 15 properties first identified in the Eligibility Report.The annual revenue loss TIF is estimated at$12,000.The annual revenue gain from any future redevelopment will greatly exceed this base amount. Union District Plan The economic feasibility study estimates total tax increment revenue of$16,286,436 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% • 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(Attachment 5.1). REFERENCE See the attached URD FAQ document and the Urban Renewal 101 from the consulants for further background on Urban Renewal and how it works. Sincerely, Cameron Arial, MPA, Ph.D. Community Development, Director 33 E. Broadway Ave, Meridizp,[�,8381,,2 - PhQM 208-8�4-5g�3�- F2V -6854-IM-meridiancity.org n an i y Cound eeting Agen a ay ,J&88�age 547 0 URBAN RENEWAL DISTRICTS r-uUENTLY ASKED QUESTIONS What is an Urban Renewal District (URD)? An Urban Renewal District is a Tax Increment Finance (TIF) tool that helps fund public infrastructure to support redevelopment (downtown), bare undeveloped land that is infrastructure challenged (business/industrial parks) and brownfield development (industrial site). Tax Increment Financing: when a URD is put THE BASE... THE INCREMENT... into place, property tax revenues begin to be The money that is collected Any increase in revenues based on increased separated into two groups —the base and the based on the value of property values within the urban renewal district properties within the from the time the district is created until it is increment. Once the District sunsets, increased boundaries of the urban closed.The increment is then used to reimburse annual incremental revenues are placed on the renewal district at the time the a developer or other proponents for building and new construction roll for taxation. district is formed, creating public infrastructure that is accepted by .1 the City. TAX INCREMENT FINANCING GRAPH 2 TAX INCREMENT FINANCING GRAPH 1 Pori M Tax Increrorent 5600,00003 $500,00000 5700 100 00 --71 ilReplarpropedylax Wo non no 8 6401J.D00 00 :9io non no SMID.D00 Oil Sk4Q $400 rim no F-I n 7--7.n, 121111,111�.0 1.0 "10,000 00 IETaxes $200,0013 00 $100,01 5100,01 S- OW 5- 1 3 5, 7 1 1 1 5 6#7 8 9- 11 12 1�11 1 13 Year This graph shows how increased revenues would look Money that funds regular taxing entities.After year ten for taxing districts without a TIF (or whatever the life of the district may be),most of the Without a TIF,many areas see no major development increased revenue flows back to the taxing districts. for many years These funds open up an option for decreased levy rates and subsequent tax burden when a district closes How would creating a URD affect the properties within the area? 1 Help with Blight and Infrastructure Challenges —A City with an area that struggles to redevelop because of blight, deteriorating buildings, or a lack of infrastructure can utilize Urban Renewal to invest in specific districts. It is one of the only tools available to cities to help fund public infrastructure improvements. 2. Funded by Property Tax Increment— Establishing an URD doesn't raise property taxes. Over time if redevelopment happens, the property values increase. As they increase, the new tax revenue (that wouldn't have been there if not for urban renewal) is re-invested in the URD. 3. District Plan — Cities follow a District Plan and can only work on projects outlined within that plan. Once the URD sunsets, increased annual incremental revenues are placed on the new construction roll for taxation. R A- City Council Meeting Agenda IllijolillifillilijiWO— Page 548 of 616 C How is the boundary of the URD determined? The boundary of a URD is determined by examining areas of the City that are prime for redevelopment (downtown) or development (future business and/or industrial areas). These areas will be evaluated to determine eligibility. Eligibility criteria, per Idaho Code, includes deteriorating buildings or sites, defective street layouts, faulty lot layout, insanitary or unsafe conditions, diversity of ownership, tax delinquency, defective and unusual conditions of title, or endangerment of life or property. An additional eligibility requirement is that the combined base assessment rolls of district(s) must be below 10 percent of the current assessed valuation of all taxable property within the City. Does a URD take money away from other local government services? A URD/TIF does not raise taxes or affect impact fees. Where economic disinvestment is evident and revitalization is essential the taxing districts of local government (schools, emergency services, etc.) receive all revenue to which they are entitled under state law and applicable budget and levy limits (base). Is the URD going to increase taxes? Mostly likely NO. Property taxes are not increased when a URD is formed. Assuming the redevelopment activities result in growth that would not have occurred otherwise, the URD's activities help raise property values within Meridian's renewal district(s) at a faster rate than Meridian as a whole. This translates into a more valuable property for the owner and in turn, more tax revenue in the district. That said, rising levy rates are a function of increasing budgets, voter approved bonds/levies and lower taxable value. For example, if there is significant new construction occurring outside the RAA, then levy rates could be lower even with existing project areas. See Tax Increment Financing Graph 1 and Graph 2. What projects andlor improvements are anticipated? Urban renewal districts are formed in areas that are often in need of additional public infrastructure for support of schools, police, housing, roads, utilities, etc. Anticipated improvements may include but are not limited to streets, sidewalks, public utilities, water, sewer, irrigation, lighting, etc. 6JMWjW City Council Meeting Agenda May 26,2020— Page 549 of 616 URBAN RENEWAL 101 (IN IDAHO) : AUTHORITY, OVERSIGHT, AND IMPLEMENTATION Presented by Ryan P. Armbruster and Meghan S. Conrad Elam & Burke, PA April23, 2020 URBAN RENEWAL AGENCY AUTHORITY STATUTES m LIMITATIONS m POWERS m FINANCING Meridian City Council Meeting Agenda May 26,2020— Page 551 of 616 Urban Renewal Agency Authority • Local Economic Development Act, Title 50, Chapter2g, Idaho Code • Idaho Urban Renewal Law of 3-965, Title 50, Chaptei- 20, Idaho Code • Idaho Constitution—ArticleVIII, 5 4, Art. XII, 5 4 • Separate and distinct legal entity with independent authority—Yick Kong v. BRA, (entirely lay person board) Hart v. Rexburg URA (mix of lay persons and council members). These two Idaho Supreme Court decisions also authorize urban renewal agencies to incur long term debt without the necessity of a public vote (2/3 majority) as required of other public entities- Article VIII , § 3 of the Idaho Constitution. • Models throughout the state vary widely; though after HB6o6 (2o3-6), models should become more uniform, mix of lay appointees and elected officials; but latter cannot constitute a majority. 3 Meridian City Council Meeting Agenda May 26,2020— Page 552 of 616 r�7,�ry-, -,t�t.4, Limitations On Urban Renewal Agencies An urban renewal agency is constitutionally prohib Ited from funding real property improvements to privately owned property (which includes non- profit entities) and granting funds to private entities (again, including non- profit entities). An urban renewal agency can fund real property improvements to real property owned by another public entity (either local, state, or federal) and may grant funds to another public entity. Urban renewal agencies may only expend public funds forthe benefit of the public. The agency should be very cautious in considering funding improvements to private property or formally participating with private entities as a partner, joint venture, etc. Funding could be ultimately deemed a loan or grant or gift of public funds to the private property owner and thus a violation of the Idaho Constitution . [Art. VIII, 5 4, Art. XII, 5 4, Idaho Constitution] Meridian City Council Meeting Agenda May 26,2020— Page 553 of 616 Limitations, Continued • Idaho does not permit its urban renewal No county, city, town, township, board of agencies to grant tax money to private education, or school district, or other interests for development or to lend its subdivision, shall lend, or pledge the credit credit to back loans to private interests. or faith thereof directly or indirectly, in any manner, to, or in aid of any individual, association or corpor for any amount or for any purpose whatever, or become responsible for any debt, contract or liability of any individual, association or corporation in or out of this state. • NOTE —The application of Art. VIII, 5 4 to Idaho Constitution Art. 8 urban renewal agencies has never been added). 4 (emphasis specifically interpreted by the Idaho Supreme Court. Meridian City Council Meeting Agenda May 26,2020— Page 554 of 616 Limitations, Continued e The Idaho Supreme Court has held the purpose behind Art. VIII, 5 4 of the Idaho Constitution is to prevent private enterprises from gaining any competitive advantage at the expense of the taxpayers . • An urban renewal agency must demonstrate thatTIF funded improvements were primarily beneficial to the public . • If actions challenged as unconstitutional, the agency could face a substantial risk of costly litigation and potentially an award of costs and attorney fees . 6 Meridian City Council Meeting Agenda May 26,2020— Page 555 of 616 Limitations, continued • A second constitutional provision also No county, town, city, or other municipal addresses limitations on a public corporation, by vote of its citizens or entity to provide a donation, raise otherwise, shall ever become a money, loan its credit, or aid any stockholder in anyjoint stock company, company or associated : corporation or association whatever, or raise money for, or make donation or loan its credit to, or in aid of, any such company or association: provided, Idaho Constitution, Art. 12, § 4. • Attorney General Opinion No. 95-07 regarding loaning state employees to the United Way to assist in its annual fundraising campaign Meridian City Council Meeting Agenda May 26,2020— Page 556 of 616 7 What Powers Do URNs Have ? Consistent with the urban renewal plan, to: • Construct/reconstruct streets, utilities ar�ks, recreation facilities, off-street parking and public facilities, public buildings and ot'�e r improvements. • Acquire and dispose of property or buildings. • Improve, renovate, clear and prepare for redevelopment properties or buildings. • Acquire property to eliminate unsanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to public welfare. • Invest and borrow money, issue bonds, and accept loans and grants. • Work cooperatively with other public entities. • Facilitate Local Improvement Districts (LIDs) and Business Improvement Districts (BIDs). • Potential lease conduit financing in appropriate circumstances. Greater Boise Auditorium District v. Frazier Meridian City Council Meeting Agenda May 26,2020— Page 557 of 616 Authorized Activities under the Law and the Act • Urban Renewal Project as defined by the Idaho Urban Renewal Law of 1965 (the "Law"') and • Projector Urban Renewal Project as defined bythe Local Economic Development Act (the "Act") • The definition of "urban renewal project" contained in the Law is nearly identical to the definition contained in the Act • The definition of 1%project costs" Meridian City Council Meeting Agenda May 26,2020— Page 558 of 616 The Act : Title 5o, Chapter 29, Idaho Code (,1.3) "Project" or "urban renewal p ro'ectil or (a) Acquisition of deteriorated area... competit�ively disadvantaged borde r areas may include undertakings and activities of a (b) Demolition and removal of buildings. .. municipality in an urban renewal area for the (C) Installation construction or elimination of deteriorated or deteriorating I I areas and for the prevention of the reconstruction of streets... development or spread of slums and blight (d) Disposition of any property... and may involve slum clearance and redevelopment in an urban renewal area or (e) Carrying out plans for...repair... rehabilitation or conservation in an urban' renewal area, or any combination or part (f) Acquisition of real property ... to be thereof in accordance with an urban renewal rehabilitated plan. Such undertakings and activities may include: (g) Acquisition of other property ...to eliminate unsafe conditions, etc. ... See also — /.C. 50-2018(10) (h) Lending or investing federal funds... (i) Construction of foundations... 10 Meridian City Council Meeting Agenda May 26,2020— Page 559 of 616 The Law : Title 50, Chapter 29, Idaho Code 14) "Project costs" includes, but is not limited to: (d) Professional service costs, including those costs incurred for architectural, planning, • (a) Capital costs, including the actual costs of engineering, and legal advice and services; the construction of public works or i provements, facilities, buildings structures, (e) Direct administrative costs, including and permanent fixtures- the demofition, reasonable charges for the time spent by city or alteration, remodeling, /repair or reconstruction county employees in connection with the of existing buildings, structures, and permanent implementation of a project plan; fixtures; the acquisiiion of equipment and the clearing and grading of land; (f) Relocation costs; • (b) Financing costs, including interest during �g) Other costs incidental to any of the construction and capitalized debt service or oregoing costs. repair and replacement or other appropriate reserves, • (c) Real property assembly costs, meaning any deficit incurred from the sale or lease by a municipality of real or personal property within a revenue allocation district; Meridian City Council Meeting Agenda May 26,2020— Page 560 of 616 Project Financing Options • Pay-as-you-go • Developer reimbursement agreements • Owner participation agreements • Conventional bank loans • Bonds • Note: Often no tax increment available to fund projects on a pay-as-you-go method until at least two years after plan creation . Many projects require infrastructure immediately in order for a project to go — requiring financing of improvements. 12 Meridian City Council Meeting Agenda May 26,2020— Page 561 of 616 Project Financing Options, Continued • Agency decisions regarding project financing are: properly noticed on agendas, decisions are made in open, public meetings, and by agency resolution . • Before financing occurs, there must be a showing the project is economically feasible and a determination that an agency is credit worthy. 13 Meridian City Council Meeting Agenda May 26,2020— Page 562 of 616 How Does Revenue Allocation Financing Work? (Local Economic Development Act) • When a revenue allocation area is formed, property valuation is calculated on a parcel-by-parcel basis. This is the base assessment roll of the revenue allocation area . • Base assessment roll for the geographic area under consideration (or collectively if more than one district) cannot exceed io% of the current assessed taxable value for the entire city. • Due to redevelopment, it is anticipated the property values will rise. If property values increase above the base value, the added value is called the increment. 14 Meridian City Council Meeting Agenda May 26,2020— Page 563 of 616 Revenue Allocation Financing, Continued • Budget for City, County, and other non-school taxi n districts limited to previous year's budget Plus 3%, new construction and forgone. By virtue of amendments in2007, value of new construction within a revenue allocation area is not available to the overlapping taxing districts to increase budget capacity for the duration of the project area. • County Assessor sets property values. • County determines tax rate needed to produce budget submitted by City, County, and other taxing districts. • Tax rates applied to full value of property outside revenue allocation areas; to the base value of property inside revenue allocation areas. • Taxes from the base value go to the taxing districts. • Property tax revenue from the incremental value, if any, goes to the urban renewal ag.ency tor a limited period of time (20year max, except for "grandfathered" projects primarily 24 years). 15 am Meridian City Council Meeting Agenda May 26,2020— Page 564 of 616 Revenue Allocation Financing, Continued • The increment or revenue allocation that goes to the urban renewal agency is used to pay for improvements within the urban renewal area. • An urban renewal agency does not determine property valuation or tax rates. • Funds received by an urban renewal agency for a given revenue allocation area must be spent in that revenue allocation area with limited exception. • Funds are invested in activities that are intended to increase prosperity of the revenue allocation area. • Result is often an increase in property values which would not have otherwise occurred but for redevelopment. • For project areas established after20o8 and voter approvals after2oo8 the urban renewal agency will not receive taxes generated by voter approved leviles, such as general obligation bonds, school district plant facilities levies, and supplemental levies. • Also, no school district emergency levy available to urban renewal agency. 16 Meridian City Council Meeting Agenda May 26,2020— Page 565 of 616 MDC Administers two Project Areas • Downtown District • Ten Mile District Meridian City Council Meeting Agenda May 26,2020— Page 566 of 616 17 PUBLIC OVERSIGHT OPEN MEETINGS m PUBLIC RECORDS m REPORTING REQUIREMENTS Meridian City Council Meeting Agenda May 26,2020— Page 567 of 616 Operating In The Public Eye • Public Record Law — Idaho Code 55 74-1.01A074-1.26 • Open Meeting Law — Idaho Code 55 74-201tO 74-208 • Notice of Meetings —Agendas, Idaho Code 5 74-204 • Executive Sessions —When Authorized, Idaho Code 5 74-2o6 19 Meridian City Council Meeting Agenda May 26,2020— Page 568 of 616 Procurement Rules and Procedures • Title 67, Chapter28, Idaho Code • Public Works Construction Bidding Threshold amounts for both formal and informal bidding processes • Best interests of Agency from $O-$25,000 to $0-$50,000 • Informal bidding from $25,000-$100,000 to $50,0004200,000 • Formal bidding from over sioo,000 to over $200,000 • Public Procurement of Goods and Services Bidding • Best interests of Agency from $O-$25,000 to $0-$50,000 • Informal bidding from $25,000-$50,000 to $50,0004100,000 • Formal bidding from over $So,000 to over s-loo,000 • Idaho Code § 67-2320 - Professional Service Contracts with Design Professionals, Construction Managers, and Professional Land Surveyors • Idaho Code § 54-4511 Construction manager/general contractor 20 Meridian City Council Meeting Agenda May 26,2020— Page 569 of 616 Financial Reporting Requirements : Audit Annual Report Budget and Other Audit and Annual Report - Idaho Code 50-2oo6(c) and (d) Budget 0 Idaho Code 50-2903(5) and 50-3.002; see also 50-2Oo6(d) Central registry and reporting portal (agency and financial information) - Idaho Code § 67-45oE State Tax Commission reporting portal (urban renewal plans) 0 Idaho Code § 50-293.3 Amendment certification Idaho Code § 50-2903A (For plans adoptedpOSt-J U ly 3., 203.6) 21 Meridian City Council Meeting Agenda May 26,2020— Page 570 of 616 IMPLEMENTATION BOARD m CREATION m PLAN m RECENT CHANGES m TAX COMMISSION Meridian City Council Meeting Agenda May 26,2020— Page 571 of 616 Board Composition And Limitations • The agency's Board of Commissioners may have 3 to 9 members, who are appointed by the Mayor and confirmed by the City Council or by County Commission for County urban renewal agencies. • Currently more than 40 Idaho cities have urban renewal agencies. Most of these agencies have one or more City Council members on the Board of Commissioners, but members of the local governing body shall constitute less than a majority of the agency board members. • Many of the agencies are staffed by city employees. 23 Meridian City Council Meeting Agenda May 26,2020— Page 572 of 616 Conf I ict Of Interest Laws • Urban Renewal Law — Interested Public Officials, Commissioners or Employees, Idaho Code 5 50-203.7 • Ethics in Government Act Of 203.5 — Chapter 4, Title 74 * Gifts/gratuities/events • Prohibitions against Contracts with Officers — Chapter 5, Title 74 24 Meridian City Council Meeting Agenda May 26,2020— Page 573 of 616 Ethics in Government Act Of 2015 : Describes the Public Trust and Fiduciary Obligation POLICYAND PURPOSE. It is hereby declared (3) Inform citizens of the existence of that the position of a public official at all personal interests which may present a levels of government is a public trust and it is conflict of interest between an official's in the public interest to: public trust and private concerns; i) Protect the integrity of government (4) Prevent public office from being used for throughout the state of Idaho while at the personal gain contrary to the public interest; same time facilitating recruitment and (5) Prevent special interests from unduly retention of personnel needed within influencing governmental action- and government; 1 (2) Assure independence, impartiality and (6) Assure that governmental functions and honesty of public officials in governmental policies reflect, to the maximum extent functions; possible, the public interest. I.C. 5 74-402 Meridian City Council Meeting Agenda May 26,2020— Page 574 of 616 Ethics in Government : Defines Conflict of Interest A serving board member has an "Conflict of interest"' means any important fiduciary duty to that official action or any decision or entity. recommendation by a person acting The Ethics in Government Act defines in a capacity as a public off Icial, the effect of which would be to the a conflict of interest. private pecuniary benefit of the person or a member of the person's household, or a business with which the person or a member of the person's household is associated . . . . I .C. § 74-403(4) Meridian City Council Meeting Agenda May 26,2020— Page 575 of 616 Ethics in Government : Exception to Conflict of Interest Provision Excep�ions to the conflict of interest When a person is a public official by reason provision: of his appointment or election to a gverncin • Where the actions of the public body orw hg board of a governmental entity rovide a benefit to a certain class of hi t he p e r�on receives no salary or �eople, and a public official happens to fee as compen s ation for his service on said e a member of that class. boa.rd, he shall not be prohibited from hav ing an interest in any contract made or • There is a cle minimis value of goods entered into by the board of which he is a and services that .a public official may mernber, if he strictly observes the receive without violating any of these procedure set out in section i.8-1-36i.A, provisions. Idaho Code. • A specific exception for non- compensated public officials is set out in I.C. 74_405. This exception applies I.C. 5 74-405. only Jen the contract for services has besu 'ect to public bid and the ap ,Xoi ted official submitted the lowest bi Meridian City Council Meeting Agenda May 26,2020— Page 576 of 616 Urban Renewal Law : Contains a Broader Conflict of Interest Prohibition • I.C. � �0-203-7 proh bits board members ...voluntarily acquiring any personal fror-fi fiaving an interest in a contract or interest, direct or indirect, in any urban real property connected to an urban renewal project, or in any property renewal project, whether or not the included or planned to be included in any urban renewal agency itself is a urban renewal project in such municipality contracting party or not. or in any contract or proposed contract in • Provision has not been amended since connection with such urban renewal the Urban Renewal Law was enacted in project. Where such acquisition is not 1.965. voluntary, the interest acquired shall be • Provision likely based on a model act immediately disclosed in writing to the required by HUD to received federal agency and such disclosure shall be funding assistance. entered upon the minutes of the agency. • Provision was likely intended to prevent a board member from investing in real I.C. 5 50-201.7 estate in an urban renewal area. Meridian City Council Meeting Agenda May 26,2020— Page 577 of 616 Urban Renewal Law : Exception to Conflict of Interest Prohibition • There is an exception created for board ...If any such official, commissioner or members that own property in the urban employee pretsrently owns or controls, or ren�ewal project area at the time the owned or con ol led within the preceding member is appointed. two (2) y�ars, any interest, direct or indirect in any property which he knows is • Provision is likely intended to address inclucle� or planned to be included in an those situations of appointing a board urban renewal pro ect, he shall member who may own property within immediately disclose this fact in writing to the urban renewal project area. the agency, and such disclosure shall be entered upon the minutes of the agency, and any such official, commissioner or employee shall not participate in any action .bythe municipality (or board or commission thereof) or urban renewal agency affecting sucl� property. I.C. 5 50-201.7 Meridian City Council Meeting Agenda May 26,2020— Page 578 of 616 Conflict of Interest Under I . C . § 18 - 1359 : Criminal Misdemeanor • Care must be taken that nformation "No public servant shall: obtained in ion as Board (a) Without the specific authorization of the Member beTsucrlopsoZ'tor used wh I ch governmental entity for which he serves, use public funds would benefit you or a person in whose or property to obtain a pecuniary benefit for himself. welfare you have an interest (i.e. family (b) Solicit, accept.or receive a pecuniary benefit as members). payment for services, advice, assistance or conduct customarily exercised in the course of his official duties. This prohibition shall not include trivial benefits not to • Violation of I.C. 1.8-1-359 is a criminal exceed a value of fifty dollars ($50-00) incidental to misdemeanor. personal, professional or business contacts and involving no substantial risk of undermining official impartiality. (c) Use or disclose confidential information gained in the course of or by reason of his official position or activities in any manner with the intent to obtain a pecuniary benefit for himself or any other person or entity in whose welfare he is interested or with the intent to harm the governmental entity for which he serves (dp, Be interested in any contract made b him in his o ficial capacity, or by any body or boaryof which he is a member, except as provided in section 18-136j., Idaho Code. Meridian City Council Meeting Agenda May 26,2020— Page 579 of 616 I.C. SA-1359(1)(a) through (d) 30 How Are Urban Renewal Areas Formed ? • Idaho Urban Renewal Law first adopted in :L965 states there exists in municipalities deteriorating areas which justify the powers conferred by the Act and use of public funds for that purpose. • City Council (or County Commission) must make preliminary finding there are one or more deteriorating areas within city (or county) (or competitively disadvantaged border community) in order to activate an urban renewal agency. • Mayor and City Council (or County Commission) appoint urban renewal agency board members. 31 Meridian City Council Meeting Agenda May 26,2020— Page 580 of 616 Steps to Create a RAA o Designate a study area for potential creation of an urban renewal district Determine whether conditions within the study area meet the criteria established in State Law (Idaho Code 55 50-2903(8), 50-201.8(8) and (9)) and make the requisite findings in an eligibility report IVIDC typically retains independent, third party consultants to review area and prepare study report. Supports credibility of findings. 32 Meridian City Council Meeting Agenda May 26,2020— Page 581 of 616 Definition of Deteriorated Area — I . C . § 50- 2903(8)-see also, I . C. §§ 50- 201.8(8) and (9) "Deteriorated area" means: (a) Any area, including a slum area, in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of d la clation, deterioration, age or obsolescence, inacleya e n or ventilation, light, air, sanitation, or open spaces, high clensit f i pi t rovi sio f V population and overcrowding or the existence of conditions whi endpan e rli eforyroperty by fire and other causes, or any combination of suc ity�factors, is conducive to ill health,transmission of disease, infant mortal juvenile elinquency, or crime, and is detrimental to the public health, safety, morals or welfare. (b) Any area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other im prove me nts, diversity of ownership tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions wkich endanger life or property by fire and other causes, or any combination of such factors, results in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present co ndition and use. (c) Any area which is predominately 9pen and which because of obsolete platting, diversity of ownership, deterioration of structures or improvements or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality.Tke provisions of section 50-2oo8(d), Idaho Code, shall apply to open areas. (d) Any area which the local governing body certifies is in need of redevelopment or rehabilitation as a result of a flood, storm, earthquake, or other natural disaster or catastrophe respecting which the governor of the state has certified the need for disaster assistance under any federal law. (e) Any area which by reason of its proximity to the border of an adjacent state is competitively disadvantaged in its ability to attract private investment, business or commercial development which would promote the purposes of this chapter. (f) "Deteriorated area" does not mean not developed beyond agricultural, or any aqricultural operation as defined in section 22-4502(1 Idaho Code, or any forest land as defined in section 63-1701(4 Idaho Code, unless the owner of-the agricultural operation or the forest landowner ohhe forest land gives written consent to be included in the�Ielterioratecl area, except for an agricultural operation or forest land that has not been used for three (3) consecutive years. 33 Meridian City Council Meeting Agenda May 26,2020— Page 582 of 616 Steps, Continued • Agency Board concurs with the conclusions of the eligibility report and forwards it to the City Council • If the City Council adopts the findings in the eligibility report, then the City Council directs the preparation of an urban renewal plan for the area; plan must include certain information with specificity — see I .C. 50-2905 • Agency prepares and approves the plan and forwards it to the City Council • City Council receives the plan and refers it to the Planning and Zoning Commission for a determination that the plan is consistent with the City's Comprehensive Plan 34 Meridian City Council Meeting Agenda May 26,2020— Page 583 of 616 Steps, Continued • City Council refers the plan to the affected taxing entities and provides at least 30-days notice of the public hearing • Planning and Zoning Commission determines that the plan Is consistent with the City's Comprehensive Plan. • City Council holds public hearing; determines whether to adopt plan and form the revenue allocation area. • City Council adopts the plan, including a revenue allocation financing provision, by ordinance • Those cities/counties that did not already have an urban renewal agency established prior to July 1, 201.3-, must seek voter approval to establish the agency • Generally, the plan approval process takes about 6 months for a clearly defined project; oftentimes can takel.2+ months 35 Meridian City Council Meeting Agenda May 26,2020— Page 584 of 616 Additional Considerations • Must demonstrate that the proposed area and plan of work is financially feasible MDC typically obtains an independent, third-party consultant to prepare the economic feasibility study. Supports credibility of the findings. • Must determine that the combined base assessment value of all existing urban renewal districts and any proposed urban renewal districts does not exceed ].o% of the total city assessed value (taxable value comparison) • Owners of "agricultural lands" and "forest lands"' must provide written consent 36 Meridian City Council Meeting Agenda May 26,2020— Page 585 of 616 Deannexations • Pursuant to Idaho Code § 50-2903A, cleannexations to a RAA do not trigger a re- set of the base assessment roll values. Deannexations are authorized by statute, but not much more guidance is provided . o The City Council cannot cleannex parcels from a RAA without going through the plan amendment process, which includes creation of a plan amendment, new maps/legals, agency recommendation, 3o day notice of the public hearing, transmittal of the plan and attachments to the taxing entities, city council public hearing, and ordinance adoption . • Revenue from the parcels to be deannexed, or the RAA, may be security for an agency obligation requiring lender consent. Meridian City Council Meeting Agenda May 26,2020— Page 586 of 616 37 Deannexations, Continued • County will have to provide information regarding the base and increment values on a parcel by parcel basis • In a cleannexation there are two benefits: i.) full value of the property is available to the taxing districts to be used in the budget-levy setting process; and2) increment value is placed on the new construction roll, which is used to calculate a budget capacity increase (above 3% budget cap). • In order to avoid significant levy swings, it is important for the cleannexation process to be completed (meaning ordinance published, recorded and transmitted) no later than the 4 thMonday of July, which means the process must start early. • Provide the STC with maps/legals as early in the process as possible to avoid issues. Meridian City Council Meeting Agenda May 26,2020— Page 587 of 616 38 Urban Renewal Plan - Generally • A revenue allocation area exists for 20 years (pre-2011 plans grandfathered for longer term Of 24 years) • The urban renewal plan provides the Agency with a process and a basic framework within which to consider and proceed with specific projects • Due to the length of time a plan is in existence, the plan maintains some flexibility to allow the Agency to respond to changing market and economic conditions. Amendments are limited by I.C. 5 50-2o33 and 50-29o3A • Cannot amend plan to extend term beyond max term allowed bylaw • Can amend plan onetime to add geographic area — limited to :Lo% of existing RAA • Permissible to amend plan to add new projects • Plans adoptedpOSt-20i.6 cannot be amended without resetting the base value to current value; limited exceptions 39 Meridian City Council Meeting Agenda May 26,2020— Page 588 of 616 Sample Analysis When Considering a New Project • Is the proposed project within the boundaries of an existing RAA? • Is the proposed project permitted by the Urban Renewal Law or the Local Economic Development Act? Is the proposed project a municipal building or a multipurpose sports stadium complex? Is the proposed project consistent with the urban renewal plan? Is the plan a pre-or-post Julyl, 2o3.6, plan? Is a plan amendment possible or necessary? Is the proposed project within the jurisdictional boundaries of the city? Is the proposed project consistent with the City's comp plan? Does the property at issue have an ag exemption, or has the property been used for ag purposes within the last 3 years? Funding? Meridian City Council Meeting Agenda May 26,2020— Page 589 of 616 40 Property Acquisition • Agency has the authority to acquire property; however, the definition of "urban renewal plan"' in the Law requires identification of property to be acquired by the Agency. See, I .C. 5 50-2oi8(12) • The Agency may acquire property by negotiation or condemnation . See, Idaho Code 5 50-2010. The Agency has the authority to exercise the power of eminent domain subject to the limitations set forth in Title 7, Chapter 7, Idaho Code, specifically I .C. 5 7-70i.A. Meridian City Council Meeting Agenda May 26,2020— Page 590 of 616 41 Property Disposition • Procedures for the disposition of property are set forth in Idaho CodeS 50-203.1. Property cannot be given to a private person/entity/non-profit without going through a competitive bidding process. • Idaho Code § 50-2011(f): Property previously acquired or acquired by an agency for rehabilitation and resale shall be offered for disposition within three (3) years after completion of rehabilitation, or an annual report shall be published by the agency in a newspaper of general circulation . . . listing any rehabilitated property held by the agency in excess of such three (3) year period, stating the reasons such property remains unsold and indicating plans for its disposition. Meridian City Council Meeting Agenda May 26,2020— Page 591 of 616 42 IN THE HOUSE OF;LEPRZ-SZENTATr-jZS 7 si-.all -_razz&:7:� ousiness and shall exercise 4SS n_-L'.,*e::s hereu-.��­ 2 subD*czzorheroclu=ramonzsofsubsec-:�-:n E. ended, 3 tisfaczion of the hC.. 7z"'C _T (b) t A s Amn e n d e d the S an 1 cact the bus_�nem 5 'a 0 --ners to be eszab-7- or t 's 7 es 5 "D -i.d e d rw;.S e t.7-he mayor, by and 'Ca -T. -a A :.f the V g body, shall appc:.. .71NG TO UnRUERMANN RE S -01 0 FQ u n r -&.I n zy,wh-ch shall con _�IONS FOR IF--- MAXEUP OF THE BOARD OF Ca SSIODE ea CES OF AN URBAN 10 n:.-- less than three (3) co=mtss_onors nor more zhaan n-,no (9) co!r- -ZNEWAL AGENCY, TO ALLOK FOR THE ELECTION OF C01-21ISSIONERS, TO R_—JISE 11 s� oners. In the c.rder of apyc-in=ent, the mayor shall dosignat-e .ROVISIONS REGAR.)ING THE FILLING OF VACANCIES, TO PRO71DE RESIDENCY 12 'Vxmbear :.f commaiss-oners to be appointed, and the term of each, pro-.-�. or -, ssz.:. �*_r n z. I NnG S E 0 3, 7.. 1 F0 7 -ve I C S e 0 nal Wo� -iol r- r f on E, TO DE S I , - C s:S W�-c d 'e- -1a a s s -:)AF It Xcep-_ S; ECT_,O. E, SE I DEFI S OF S 2- . AN URBAN all v s Z.1 e d CT co nG p 29. T 0, SZ* -m. AD n n d or s :.n C ff o' a 0 r . a_ IVE C N� �'F. :,P,D- INANCE TO MODIFY MA PLAN AND TO PR(YJ---7,Ez EXCEPTIONS; 19 governing body only after a hear;.ng Pat�e[r he shall have been and SECTION SO-Z905, IDAHO CODE, TO PROVIDE THAT ANY CFANG=-,S TO 20 a copy of the charges at. least tem (10) days prior to such hear1r. :TEAN RENEK&L. PLAN SiALL BE NOTICED AND COI-TLETED IN A14 OPEN PUBLIC 21 ha-.o had an oppormun-,my :: be hoard _n person or by cc-unsel- Az-.- AMENDING CHAPTER 2 9. TITLE 50, IDAHO CODE, BY THE AD D- =TION OF 22 mission Y�osi­4on wh*eh bec:.=&-s vacant at a time other than HO CODE, TO PROVIDE FEOR AN ELECTION ON CER a ma�.i L-a:sy ve r,a i fE sh a is�a -710W SO-290SA, IM, 23 ra-_ --n --f a sha�1 b--:� -:.!led by 7S AND TO DEFINE TEPHS; Av -r-.1d10Mh9rT-rjd0ftL mmadvallh-, _ENDING Cump, --::-JITION OF A NEW SEC17ION SO-Z913, 1 T fee &.% Ihba -7,:7 _r :'r__ha;,r :f the b:ard af zz.untv =r=_sszoners. .'f z�. PLANS BE SUBVITTEED TO THE STATE T AN 0 P 7r' NALTIES FOR FAILURE TO REPORT; AME1D :-,ermngb�dy, by andw:-zhm�he adv:-ce and cc.1se.1-- :f--he P=1IDE FOR IN�CLUSION ON THE NEW CONS D b:,dv. -nclud4.ng rho mayor, if applicable, and shjL_'l he f- OF AN URBAN RENEWAL PLAN OR DE-AMTEXATION OCCURS AND TO M.Z.KE A 29 for the unexR;.rod tt=. ­:aAL CORRECTION; PP.<rrIDING SVJEAABILITY; AND PROVIDING EFFECTI11E 30 (3) By enac=enz :.f an ord�nance. =he local govern_�ng bc-dy may 31 and designate a:,s 9 el LE fror.arnont; its members to be--w-ribers zf rho k>z 32 commissioners cf Z" 4xba--. ronewal agency, provided zr,.a-- such repr� ed by the Log_�slazure of tho Sr.&'r-*of ldahz.: 33 zat4 cm shall ze loss than a=A7Q=;LtmY Of the bL:.ard of commzssmoners 34 urban renewal agency of the members .--.f the local governing b----dy 1. ThaZ Soczion SO-2006, Idaho C�ode, be-, and the saL=e- -,s hereby 35 after 7uly , 2017, in which case all the =-ghts, powers, duties, z*ad as follows: 30 ileges and 1==1n4z I-os vested by the urban ronowal law of 196S, 37 amended, in an appo.Lnzed board of cc=cn,;Lss_'oners, shal" be vested I r. URBAN RENEWAL AGENCY- (a) There zs hereby created in eazh. mu- 38 local governing body, who shall, in all respects when acting as an c body corporato and pollulc to be �=-_,wn as ' ago %d*pondonz publ 39 ronewa -icy, be acz-ng as an Arm --.f state qovo=n_-1om=' entirely -_-enewal agency" that was created by resolution as prov-ded n sea- 40 rate and distinct from the=un-4c;.pality, to&chi*--ro, yerfo=m and az -5, Idaho Code, before July 1, 2011, for the =uniclpality; Pro- 41 plish the public purpt:ses prescr,.bed and pxovided by said urban x4me -na,� such agency shall not transact any business or exerc:.se :.r-s pyw- 42 law of 196S, and as amended. �r*und*r unz-41 or unless: (1) the local governing body has made rho 43 (4) By onacz=,ent of an Ord:�nm-- --,:.dy may zo: :zs proscz_�bed in section SO-200S, Idaho Codo; and prov:Lded fu=her, nato the appoi=od board of C and 7:,here-i--y app�inz and :h agency created after July 1, 2011, shall =,s transact any busi4- 45 ignate _zself as the board of commi E=-:.--=-rs of the urban m for not more than on* (1) calendar yea= Meridian City Council Meeting Agenda May 26,2020- Page 592 of 616 43 Idaho Code § 50-2903A Plans adoptedpOSt-JUIY :L, 20:L6, are subject to base reset upon modification except in limited circumstances. The effect of a base reset is the loss of the increment value resulting in an immediate loss of revenue to an urban renewal agency leading to default on existing obligations. This statute will impact plans adoptedpOSt-J U ly I., 2oi.6, and subsequent modifications to those plans. Meridian City Council Meeting Agenda May 26,2020— Page 593 of 616 44 Idaho Code § 50 - 2903A (continued ) A modification shall not be deemed to occur in the following limited circumstances: (3) To make technical or ministerial plan amendments (2) To make a plan amendment that increases the revenue allocation area boundary by up to 3.o% (3) To cle-annex parcels from a revenue allocation area. Provides statutory Justif ication and process (4) To make a plan amendment to support growth of an existing commercial or industrial project in an existing revenue allocation area This exception can only be used in limited circumstances and is subject to varying interpretations. Meridian City Council Meeting Agenda May 26,2020— Page 594 of 616 45 Effect of I . C . 0 - 2qo-�A - Summar § 5 Y • Plans maybe amended for any reason (subject to the statutory I I m I tat I ons set forth in Idaho Code §5 50-2033 and 50-2904) without risk of a base re-set • For pl�Qs adoptedpOSt J U ly 1, 2oi6, there is no ability to amend the plan to support an unanticipated economic development project without risk of a base reset. Required to comply with attestation Meridian City Council Meeting Agenda May 26,2020— Page 595 of 616 46 "With specificity"' Idaho Code 50 - 2905 Idaho Code 5 50-2905 was amended to address the contents of a plan a . Requires that a revenue allocation area plan must state with specifici1y details about the types of projects that are contemplated [no definition of specificity]. b. Requires that any changes to an urban renewal plan be noticed and completed in an open public meeting . Meridian City Council Meeting Agenda May 26,2020— Page 596 of 616 47 Plan specificity — what does that mean ? • Requiring "specif i city" wi I I limit an agency"s ability to respond to new economic development opportunities. • Additionally, as a plan is implemented, it is not uncommon for there to be changes to the location of improvements. At what point does a change deviate from the specificity requirement to require a plan amendment? Meridian City Council Meeting Agenda May 26,2020— Page 597 of 616 48 Idaho Code 5 50 - 29o5A — Limitation on use of TIF to fund construction of municipal 0 buildings and mu it ipurpose sports stadium complex • Three-parttest: • AfterJulvl, 2oig, revenue allocation funds or revenue allocation funds aggregated with any other %%public f6nas" m ay not contribute to 51% or more of the total "project cost" (excludes federal funds and federal funds ad mi nistered by a public body); AND • the project is for construction of a I%municipal building," or a "multipurpose sports stadium complex," or a remodel of either; AND • the total project cost exceeds siM • Voter approval: if ngered, 6oO/o of the participating qualified electors residinq within the borde rs of the quall' led municipality; election subject to consolidated election-laws Meridian City Council Meeting Agenda May 26,2020— Page 598 of 616 49 Impact of I . C . 5 50 - 29o5A • Definition of "public funds" includes funds collected or received by a "public body." Excludes: grants or donations from private entities or individuals to the public body, and federal funds or federal funds administered by a public body • Definition of "public body" refers to I.C. 50-2ol8(3), which means "the state or any municipality, township, board, commission, authority, district, or any other subdivision or public body of the state." • Definition of"multipurpose sports stadium"' is broad: indoor or outdoor venue for sports, concerts, or other events with a field or other playing surface partly or completely surrounded by a tiered structure • based on debate portable bleachers/stages, etc are not included in this definition • likely captures amphitheaters in parks • Definition of "municipal building" is limited: administrative building, city hall, library, courthouse, public safety or law enforcement building, otherjudicial buildings, fire stations, jails and detention facilities 9 not subject to property taxation * are/intended to be owned or operated by or leased to a public body for the public's benefit Meridian City Council Meeting Agenda May 26,2020— Page 599 of 616 I . C . § 50 - 29o5A Exception 11 Exception to "project cost — certain infrastructure improvements are not subject to 53A limitation 11any infrastructure or belowground 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, parking facilities, or unoccupied auxiliary structures." presumably exception applies to hard costs, soft costs, admin costs and professional service costs Meridian City Council Meeting Agenda May 26,2020— Page 600 of 616 51 Idaho Code § 50 - 2913 State Tax Commission Repository Idaho CodeSSO-291.3 established urban renewal reporting requirements and penalties for non-compliance. Meridian City Council Meeting Agenda May 26,2020— Page 601 of 616 52 HB587 ( 2020) — Highway District Levies * For RAAf I rst formed or expanded to include property on or after July I., 202o, a taxes levied by any highway district, unless the local governing body that created the RAA has responsibility for the maintenance of roads or highways is allocated to the highway district. Agency and highway district may enter Into an agreement for a different allocation . A copy of the agreement shall be submitted to the state tax commission and to the county clerk no later than September i of the year in which the agreement takes effect. IMPACT: POSt-JUly 1., 2020, for new RAA, or amendment to an existing RAA to add property, revenue from ACHD levies will flow to ACHD, not MDC, unless MDC and ACHD enter into an agreement. Meridian City Council Meeting Agenda May 26,2020— Page 602 of 616 53 ISSUES IDENTIFIED OVERTHEYEARS BYTHE IDAHO LEGISLATURE AND URBAN RENEWAL CRITICS Meridian City Council Meeting Agenda May 26,2020— Page 603 of 616 Issues • Definition of blight/ "Distinguish TIF use for deteriorating conditions "blight" from economic development/mixed use • The development of open projects land/Greenfield development Provide taxing entities with meaningful input/ • Board composition/ comment/consultation qualifications /conflict of interest/election Rebates to taxing districts • Enforcement of the io% Property tax impact rule/compliance/punishment 0 "G iveaways" if the limit is exceeded • Perceived lack of 0 Penalties for non- accountability/ transparency compliance to the general public 0 Limitations on types of • Long term debt without projects that can be funded vote 55 Meridian City Council Meeting Agenda May 26,2020— Page 604 of 616 t R B A..A - RENEWAL IN IDA110 Valuable Tool Worth Preserving Meridian City Council Meeting Agenda May 26,2020— Page 605 of 616 56 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 20-1882 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPROVING THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO THE COUNTY, AFFECTED TAXING ENTITIES, AND STATE OFFICIALS; PROVIDING SEVERABILITY; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. SUMMARY OF UNION DISTRICT PLAN The Urban Renewal Plan for the Union District Urban Renewal Project ("Union District Plan") was prepared by the urban renewal agency of the city of Meridian aka the Meridian Development Corporation(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 laws and ordinances and was approved by the Agency. The Union District Plan provides for the Agency to undertake urban renewal projects pursuant to the Law and the Act. The Union District Plan contains a revenue allocation financing provision pursuant to the Act that will cause property taxes resulting from any increases in equalized assessed valuation in excess of the equalized assessed valuation as shown on the original base assessment roll as of January 1, 2020, to be allocated to the Agency for the urban renewal purposes. The duration of the Union District Plan is for twenty(20)years and includes a termination process for the Plan. The general scope and objectives of the Plan include include but are not limited to roadway improvements, sidewalks and pedestrian ways, drainage improvements,public and private utilities such as sewer and water, irrigation facility improvements, right-of-way acquisition, remediation of environmental issues, enhancement of open areas and public recreation facilities, and such other elements required for the project and authorized by Idaho Code Section 50-2007 and 50-2903(13). Any such land uses as described in the Plan will be in conformance with zoning for the City of Meridian and the Meridian Comprehensive Plan. The Plan identifies various public and private improvements which may be made within the Project Area, including the engineering, design, installation, and/or construction of a community/recreation facility, and related public improvements; and the engineering, design, installation and/or construction of a public parking structure or structures and/or public surface parking lot and related public improvements. Meridian City Council Meeting Agenda May 26,2020— Page 606 of 616 The Urban Renewal Project Area and Revenue Allocation Area herein referred to is described as follows: An area consisting of 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 area is more particularly described in the Plan and is depicted in the map below. Meridian City Council Meeting Agenda May 26,2020— Page 607 of 616 UNION DISTRICT CITY OF MERIDIAN, ADA COUNTY, IDAHO E PINE AVE z K z m m m E N) W z L> z > ce) z S 49*38'2.9"E 464.8�' ................ E IDAHO AVE ..................... ............. .......... ........................... ............ .................. ...... Ln ......... ..... ... ............ ............... ... .. .. :...................L.......... ......... .................................................................... ............................I............................ S 88L4224-E 3,30.0.5. ........ ....................................... ..................... .................................. ......... ......... . ........ .. ................ E BROADWAY AVE .. ............................................................................... ............................................... ....................... ............. .. ............ ............... . ................... ....... .. ... ...... .. ..... .... .... ....- Z.-. ....... . ........ ..... . .... . ..... .. .. ................. ................ . ... ........... .. ...... ..... ....... ...... ................ P; ------- . ....... ..................................... ............................. . ........... ...... ............................ ................ ............ -......................... ...................................... ........................................................... - '­-*.. ...............1- 1-1-..........-.- I I I..................... ...... . ... .. .................................................................................. ........... ....................--..........---------------------------- ................................................................................. ..............-........ ........ ... ............... ..... .... ... . . ...... LLJ ........... .......... ...... ............ ....... ....... ........................................ ............................. %..... .. .. .............................. .. ...... ......................... ................... I...- I. ........... . ............ . ..... . .................- ............................................................................................ ............................................ .................. ............................. ................ ........... .......... .................... .. ... L..L.. -............... .. ..... . ......... .............-......... ...........................I..................................... ........ ................... .................. ........................ i;.0......................... ........................ .......... . ......... ................ ............. .......... .................. ............................. ............ N 88'30'19"W 831,04' 1�57 12 E FRANKLIN RD _�;p------------- OF 40". 1 132&12' 13 18 REkG NTS PROJECT;' OWNERIDEVELOPER: 2030 S. WASHINGTON AVE. 0wG# UNION DISTRICT EMMEFT;ID 83617 120018-EX ANNEXATION EXHIBIT BILL TRJAX A-9,%ak P:(208)398-8104 PROJECT# MERIDIAN,ID. F. (208)398-8105 120018 SEC, 7, T3N, RlE, B.M. 208-914-6131 1�5AW-M-00F/1-/ ADA COUNTY, IDAHO SHEET 77F— 2)2020 WW.SAV�70OTHLS.COM 1 OF I Meridian City Council Meeting Agenda May 26,2020- Page 608 of 616 EXHIBITS TO THE ORDINANCE Exhibit I Findings of the Planning and Zoning Commission for the City of Meridian, Idaho, Validating Conformity of the Urban Renewal Plan for the Union District Urban Renewal Project with the City of Meridian's Comprehensive Plan Exhibit 2 Notices Published in the Meridian Press and the Idaho Statesman Exhibit 3 Urban Renewal Plan for the Union District Urban Renewal Project Exhibit 4 Ordinance Summary This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2020, to the extent permitted by the Act. Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Ada County Assessor, and to the appropriate officials of Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, Joint School District No 2, Ada County Ambulance/EMS, Meridian Cemetery District, College of Western Idaho, Meridian Library District, Mosquito Abatement District, the Western Ada Recreation District, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of the Revenue Allocation Area, and a map or plat indicating the boundaries of the Project Area. A full text of this ordinance and the Plan are available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. City of Meridian Mayor and City Council By: Chris Johnson, City Clerk First Reading: 5/26/2020; Second Reading: 6/02/2020; Third Reading: 6/09/2020 STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 20-1882 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 20-1882 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901 A (3). DATED this day of May, 2020. William. L.M. Nary, City Attorney Meridian City Council Meeting Agenda May 26,2020— Page 609 of 616 ITEM SHEET Council Agenda Item - 9.C. Presenter: Chris Johnson Estimated Time for Presentation: 2 minutes Title of Item - Ordinance No. 20-1883: An Ordinance (H-2019-0121 — Bach Storage)for Annexation of a Parcel of Land Situated in the Southwest 1/4of Section 4, Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho, as Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as Requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of 0.999 Acres of Land From RUT to C-C (Community Business) Zoning District in the Meridian City Code; Providing That Copies of This Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Bach Storage Annexation Ordinance Council Notes: .A ATTACHMENTS: Descripti �d Date Back Storage Annexation Ordinance Ordinance 5/20/2020 Bach Storage Exhibit A Exhibit 5/20/2020 Bach Storage Exhibit B Exhibit 15/20/2020 REVIEWERS: Department Legal. Weatherly,Adrienne Approved 5/21/2020 - 11:03 AM Legal. Albertson, Michelle Approved 5/21/2020 - 5:05 PM Meridian City Council Meeting Agenda May 26,2020— Page 610 of 616 ADA COUNTY RECORDER Phil McGrane 2020-063465 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 05/28/2020 12:41 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 20-1883 Y THE CITY COUNCIL: B E NT, BORTON, CAVENE , HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2019-0121 — BACH STORAGE) FOR ANNEXATION OF A PARCEL OF LAND SITUATED IN THE SOUTHWEST V,OF SECTION 4, TOWNSHIP 3 NORTH,RANGE I EAST,BOISE MERIDIAN,ADA COUNTY,IDAHO,AS DESCRIBED IN ATTACHMENT"A"AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY,IDAHO,AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS ITS F THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; IAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 0.999 ACRES OF LAND FROM RUT TO C-C (COMMUNITY BUSINESS) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW, AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: Ram.i, LL C. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to C-C (Community Business)Zoning District in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps,and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned,with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State ofIdaho. SECTION 9. That pursuant to the affirmative vote of one-half(1/2) plus one (1) of the Members of the full Council,the rule requiring two(2)separate readings by title and one(1)reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 26th day of MaY 2020. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 26th day of MaY 2020. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ss: County of Ada On this 26thday of MaY _2020,before me,the undersigned,a Notary Public in and for said State,personally appeared ROBERT E.SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk,respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: Meridian,Idaho MY COMMISSION EXPIRES:3-28-2022 CERTIFICATION OF SUMMARY: ANNEXATION ORDINANCE—Bach Storage(H 2019-0121) Page 2 of 3 Meridian City Council Meeting Agenda May 26,2020— Page 612 of 616 EXHIBIT B Annexation&Zoning Exhibit Map 32 33 F LIND BRASS CAP NORTHWEST CORNER SECTION 4 S 4 00 APN: S1 104233970 C14 04 Z 300.16, 2 V) 0 -0 S89*45'24"E 5; 0 m z— " - I F, K) 0 Fy�`Oft - 70.00- EXISTING R/W m 0 - 1.0 D Of 0 0 CO (U OH MEE SOOK 0 -Eb go r APN: 51104234076 LO m 0C'0 :� m LLI . 0 0.999 Acres 0 Ln(0 z M 0 CD 300.16' JL J�*�L LAND N89*45'23 W 14V POINT OF BEGINNING RIVERVALEY RETAIL -C) SUBDIVISION 12 59 0 16 N: R7476320020 00 OF N, — L, 8N \ APN: R7476320010 5 POINT OF COMMENCEMENT) 4 E. River Valley Street WEST 1/4 CORNER SECTION 4 0 100 200 300 h3m Plan Scale:1" 100' ENG114EERS.SURVEYORS.PLANNERS 9233 WEST STATE STREET BOISE,IDAHO 83714 PHONE(2081639-6939 FAX(208)639-fign Exhibit B City of Meridian Annexation DATE: 10.16.19 PROJECT: 19 1139 —SHEET: Situated in a portion of the SW 1/4 of the NW 1/4, Section 4 1 OF I Township 3 North, Range I East, B.M.,Ada Cou nty, Idaho Bach Storage H-2019-0121 Page I Meridian City Council Meeting Agenda May 26,2020— Page 615 of 616 EXHIBITA Annexation & Zoning Legal Description km 9233 WEST STATE STREET I BOISE,108�714 [ 209.639.6939 1 FAU08.6-39.6930 October 16,2019 Project No.19-169 City of Meridian Annexation Exhibit A A parcel of land situated in the Sovthwest 1/4 of the Northwest 1/4 of 5ecti on 4,Townslilp 3 North, Range I Pn5t,Boise Meridia n,Ada County,Idaho and b8lng more particularly described as follows: Commcncing at a found brass cap marking the West 1/4 corner of said 5ection 4,which bears S00"36'00"W a distance of 2,611.39 feet from a found bra5s cap marking the Northwest corner of said Section 4,thence foRouving the westerly ITne of said Northwest 1/4,NOO'36'00'E a distance of 180.00 feet to the POINT OFBEGINNING. Thefice following said westerly firo,NOO'36'00'E a distance of 145-00 feet� TheTice leav[ng said westerly I in e,S89'45'24"E a distance of 300.16 feet to a found.5/2-Inch rebar on the we Erteriy bo u n Ja ry 11 ne o f Ba ch S u b-divisiori; Thence following said westerly subdivIsion boundary line,500'36'06"W a distanve of 145,00 feet to a fa u nd 5/8-1 nch reba r o n the ri oFt h2fly h ou4i d a ry-i ne of Riverva I ley H etai I Stj bd ivisio ri; The n ca I E av[P&sa id weste rly s ubd 1 v1sio n hou n da ry 11 n L�a rid fa I I o W!ng s a ld n ort he rly suplad ivislon boundary line, 189'45'23"W a distance of 3013.16 feet to the POINT OF BEGINNING. Said pa rce[contains a total of 0999 arres(43,522 square feet),more or less,a nd is subject to any existing easements and/or d8lits-of-way of record or implied. All subdiviWons,deeds,record of surveys,arid other instrumerit5 of reFord referenced hereln are recorded documents of the county in which these described lands are situated in. 7-01 ENGINEERS I SURVEYORS PLANNERS Bach Storage H-2019-0121 — Page I — Meridian City Council Meeting Agenda May 26,2020— Page 614 of 616 William L . M , Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public , I 0 J J ) � n S William L.L . M . Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO . 204883 An ordinance (11-20194121 Bach Storage) for annexation of a parcel of land as defined in the map published herewith; establishing and determining the land use zoning classification from I-L (light industrial) zoning district to C- C (community business) zoning district; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission , as required by law; and providing an effective date . A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway .Avenue , Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary . [Publication to include map as set forth in Exhibit B .] ANNEXATION ORDINANCE — Bach Storage (H 2O194121) Page 3 of 3 Meridian City Council Meeting Agenda May 26 , 2020 — Page 613 of 616 C-/WEP�� ITEM SHEET Council Agenda Item - 1 O.A. Presenter: Estimated Time for Presentation: 10 Title of Item - City Council Discussion: Potential Liaison Assignment to West Ada School District Council Notes: &REVIEWERS.: d Department eviewer ctio��� Dat Johnson, Chris Npproved 5/22/2020 - 9:19 AM Meridian City Council Meeting Agenda May 26,2020— Page 616 of 616 E IDIAN I DA 0 H tl* CITY COUNCIL REGULAR MEETING AGENDA Item Title: Future Meeting Topics Meeting Notes: From Message Submission 1.855.209.0638 Sun Sep 1 22:49:35 2019 MDT Page 1 of 1 One Click Politics 1824 Jefferson Place NW Washington, DC 20036 09/02/2019 Subject: Today's faxes from constituents: Notice regarding 5G deployments and liability Dear Mr. Coles, This is a message from OneClickPolitics.com You've received a number of faxes from your constituents today. Rather than forward each of them to you, we've compiled them into a summary 1 users sent the message: 'Notice regarding 5G deployments and liability'... You are my elected representative. This legal notice of liability is designed to be used as evidence in court if needed and intends to enlighten you and to protect you from attracting civil and criminal liability in relation to your actions and/or omissions surrounding the deployment of 5G technology within your constituency. 4G/LTE small cells form an integral part of the 5G deployment. This 5G technology will cause me to be exposed to wireless non -ionizing electromagnetic radiation against my consent and in my home. Contamination of my home with 5G may cause damage to my home if it becomes a health risk to me and thus render my home uninhabitable. Irradiating me with wireless non -ionizing electromagnetic radiation against my consent would be an application of force against my person and which causes fear of bodily injury and could be classed as a civil trespass and/or a criminal assault. Any level of exposure of man-made non -ionizing electromagnetic radiation can be diagnosed by my medical practitioner as an adverse health effect pursuant to the WHOA€T"s International Classification of Diseases ICD -10, code W90 thus rendering any safety limit as set by the government safety standards obsolete as to protecting my health. As needed, I may see my doctor for advice on the 5G issue. If 5G technology is deployed within your constituency, I expect that you as my elected representative will exercise due diligence to certify that all parties deploying 5G technologies have sufficient insurance cover to compensate for damage or harm caused by the emission of wireless non -ionizing electromagnetic radiation. Please note that this could be a problem, since underwriters such as Lloyds of London do not insure for such harm and damage. I urge you, as my elected official, to act in the public interest by addressing the potential cumulative harms of densification (the crowding of small cells into a limited area to enable 5G) and insisting that public safety regulatory authorities need to prove that such densification of 5G technology is safe and that any deployment of 5G, Artificial Intelligence (AI), and/or the Internet of Things (IoT), is regulated appropriately to ensure that the national security and the safety and privacy of the public and myself is not compromised. You need to protect the public from other harmful wireless technologies such as Wi-Fi in schools, A€cesmartA€ meters on dwellings, and the like, and to replace those technologies with safe and efficient wired technologies, such as Ethernet and/or fiber optics, as the end -nodes of internet delivery systems to dwellings, schools and commercial buildings. Forward - thinking cities are already doing this. I implore you, as my elected official, to act in the public interest by protecting the public and myself from being persecuted by the passing of laws that restrict the Courts, law enforcement agencies, municipal councils and local governments from taking action to protect the public from harm to health and damage, caused by 5G and other wireless technologies. I am genuinely concerned for your welfare, the general public and mine, and this is a situation of the utmost urgency. I have studied the relevant facts and am thus aware of the danger. As a result I am in fear and I take the risk of harm and damage to me very seriously. To help bring you up to speed on this extremely important topic, please go to the5Gsummit.com, and listen for free to what 40 highly regarded experts inclusive of scientists, medical practitioners and lawyers from around the world have to say on the 5G subject. Experts who are not censored by the telecommunications industry, nor their captured governments, nor the captured media. Further, to assist with your education, please look at the Bio -initiative Report 2012 (updated 2017) - A Rationale for Biologically -based Public Exposure Standards for Electromagnetic Fields (ELF and RF) bioinitiative.org and Physicians for Safe Technology A€" 5G Mobile Communications mdsafetech.org. Charlene Way From:Chris Johnson Sent:Friday, April 03, 2020 3:46 PM To:Charlene Way; Communications Subject:FW: Stop Deployment of Wireless during Quarantine From: Alysha Karle <alyshakarlepiano@gmail.com> Sent: Friday, April 3, 2020 3:45 PM To: Chris Johnson <cjohnson@meridiancity.org> Subject: Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. 1 Sincerely, Alysha Karle 1363 e Willowbrook court Meridian, ID 83646 2 Charlene Way From:Chris Johnson Sent:Friday, April 03, 2020 11:38 AM To:Charlene Way; Communications Subject:FW: Stop Deployment of Wireless during Quarantine From: Anna Pham <ajpham10@yahoo.com> Sent: Friday, April 3, 2020 11:33 AM To: Chris Johnson <cjohnson@meridiancity.org> Subject: Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. 1 Sincerely, Anna Pham 2449 n Maxie wy Meridian, ID 83646 2 Charlene Way From:Charlene Way Sent:Friday, April 03, 2020 1:42 PM To:Chris Johnson Subject:RE: Stop Deployment of Wireless during Quarantine In Laser From: Becky Hart <lacasahart@gmail.com> Sent: Friday, April 3, 2020 12:57 PM To: Chris Johnson <cjohnson@meridiancity.org> Subject: Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. 1 Sincerely, Becky Hart 6982 N Moon Drummer Way Meridian, ID 83646 2 Charlene Way From:Chris Johnson Sent:Friday, April 03, 2020 4:38 PM To:Charlene Way; Communications Subject:FW: Stop Deployment of Wireless during Quarantine From: Ho Pham <bcha628307@yahoo.com> Sent: Friday, April 3, 2020 4:37 PM To: Chris Johnson <cjohnson@meridiancity.org> Subject: Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. 1 Sincerely, Ho Pham 2449 N. Maxie Way Meriidian, ID 83646 2 Charlene Way From:Chris Johnson Sent:Friday, April 03, 2020 11:51 AM To:Charlene Way; Communications Subject:FW: Stop Deployment of Wireless during Quarantine From: Josh Howey <jmhowey18@gmail.com> Sent: Friday, April 3, 2020 11:44 AM To: Chris Johnson <cjohnson@meridiancity.org> Subject: Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. 1 Sincerely, Josh Howey 1114 w darrah dr Meridian, ID 83646 2 Charlene Way From:Chris Johnson Sent:Friday, April 03, 2020 1:21 PM To:Charlene Way; Communications Subject:FW: Stop Deployment of Wireless during Quarantine From: Kasie Walters <kasie.walters@gamil.com> Sent: Friday, April 3, 2020 1:20 PM To: Chris Johnson <cjohnson@meridiancity.org> Subject: Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. 1 Sincerely, Kasie Walters 1168 W. Creekbury Dr. Meridian, ID 83646 2 Charlene Way From:Chris Johnson Sent:Friday, April 03, 2020 4:56 PM To:Charlene Way; Communications Subject:FW: Stop Deployment of Wireless during Quarantine From: Linda Rogers <rogers.lj@gmail.com> Sent: Friday, April 3, 2020 4:47 PM To: Chris Johnson <cjohnson@meridiancity.org> Subject: Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. 1 Sincerely, Linda Rogers 102 SW 8th Ave Meridian, ID 83642 2 Charlene Way From:Chris Johnson Sent:Friday, April 03, 2020 11:44 AM To:Charlene Way; Communications Subject:FW: Stop Deployment of Wireless during Quarantine From: Miriam Howey <mimsygrl@yahoo.com> Sent: Friday, April 3, 2020 11:43 AM To: Chris Johnson <cjohnson@meridiancity.org> Subject: Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. 1 Sincerely, Miriam Howey 1114 W Darrah Dr Meridian, ID 83646 2 Charlene Way From:Chris Johnson Sent:Friday, April 03, 2020 4:56 PM To:Charlene Way; Communications Subject:FW: Stop Deployment of Wireless during Quarantine From: Randy Lattimer <R2L2Dance@gmail.com> Sent: Friday, April 3, 2020 4:48 PM To: Chris Johnson <cjohnson@meridiancity.org> Subject: Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. 1 Sincerely, Randy Lattimer 102 SW 8TH AVE MERIDIAN, ID 83642 2 Charlene Way From:Chris Johnson Sent:Friday, April 03, 2020 1:55 PM To:Charlene Way; Communications Subject:Fw: Stop Deployment of Wireless during Quarantine From: Richard Walsh <rwalsher@gmail.com> Sent: Friday, April 3, 2020 1:43 PM To: Chris Johnson Subject: Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18- 111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents 1 prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. Sincerely, Richard Walsh 3597 E. Monarch Sky Lane, 240 Meridian, ID 83646 2 Chris Johnson From:Ashlee Schelin <ashschelin@hotmail.com> Sent:Saturday, April 4, 2020 8:59 PM To:Chris Johnson Subject:Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. Sincerely, Ashlee Schelin 2547 W Los Flores Ct Meridian, ID 83646 1 Chris Johnson From:Joelle Cole <Msjcrew@gmail.com> Sent:Saturday, April 4, 2020 8:59 PM To:Chris Johnson Subject:Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. Sincerely, Joelle Cole 2273 East Sicily Street Meridian, ID 83642 1 Chris Johnson From:Joy Watts <expectingmiracles@hotmail.com> Sent:Saturday, April 4, 2020 8:59 PM To:Chris Johnson Subject:Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. Sincerely, Joy Watts 1039 W. Bear Track Drive MERIDIAN, ID 83642 1 Chris Johnson From:Katie Fish <katiefish208@gmail.com> Sent:Saturday, April 4, 2020 8:59 PM To:Chris Johnson Subject:Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. Sincerely, Katie Fish 5724 North Exeter Avenue Meridian, ID 83646 1 Chris Johnson From:Mary Bennett <marybennett249@gmail.com> Sent:Saturday, April 4, 2020 8:59 PM To:Chris Johnson Subject:Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. Sincerely, Mary Bennett 5895 s Palatino way Meridian, ID 83642 1 Chris Johnson From:Michelle Haasch <mhaasch@gmail.com> Sent:Saturday, April 4, 2020 9:51 PM To:Chris Johnson Subject:Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. Sincerely, Michelle Haasch 1661 West Eagle Mountain Dr. Meridian, ID 83646 1 Chris Johnson From:Miles Kilcup <mileskilcup@gmail.com> Sent:Saturday, April 4, 2020 11:32 AM To:Chris Johnson Subject:Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. Sincerely, Miles Kilcup 3954 N Arches Way Meridian, ID 83646 1 Chris Johnson From:Sara Russell <saraandkiddos@yahoo.com> Sent:Saturday, April 4, 2020 9:03 PM To:Chris Johnson Subject:Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. Sincerely, Sara Russell 748 w crosby dr Meridian, ID 83646 1 Chris Johnson From:Sarah Belskey <Sarah@belskey.net> Sent:Saturday, April 4, 2020 9:41 PM To:Chris Johnson Subject:Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. Sincerely, Sarah Belskey 5908 N Botticelli Ave Meridian, ID 83646 1 Chris Johnson From:Tiffany Kilcup <tiffanykilcup@yahoo.com> Sent:Saturday, April 4, 2020 11:32 AM To:Chris Johnson Subject:Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. Sincerely, Tiffany Kilcup 3954 N Arches Way Meridian, ID 83646 1 Chris Johnson From:Bill Nary Sent:Sunday, April 5, 2020 10:48 AM To:Bill Nary Cc:Chris Johnson; Adrienne Weatherly; Shandy Lam Subject:Response regarding 5G Installations Thank you for contacting the City with your concerns regarding 5G installations within the City of Meridian. I am responding on behalf of the Mayor and City Council because you have raised a legal issue and I am the person best suited to respond to that concern. The City is adhering to and administering its operations based upon the Governor’s Self Isolation order of March 25, 2020. In that order the Governor specifically directed that Essential Government functions may continue to operate. The City has moved a majority of its workforce to working from home. Those that must work in the field such as police officers, firefighters, and public works personnel may continue to do so. The City has moved a majority of its Administrative functions to on-line applications and the work is being performed remotely by our employees. The Governor also designated that Essential Infrastructure may continue to function which includes public works and commercial construction. Lastly, the Idaho Code at IC 67-6523 grants limited authority to the City to declare a moratorium on the issuances of selected classes of permits if imminent peril to public health, safety, or welfare might occur without such moratorium. This current pandemic, as awful as the situation has arisen in our community, does not cause the City to require this action occur. Application for small cells have been received by the City for attachment of these devices to existing ACHD infrastructure. The application is done on-line and the review is ministerial in nature and done by the Planning Department. It is a routine function of their Department to review all requests of this nature and therefore it will continue. The construction of this type is allowed by the Governor’s order and therefore may continue. There is no basis, at this time, for the City to suspend this function and impose a moratorium on the issuances of these approvals. I appreciate your concern, but the current functions of the City are continuing, as best as we can, in a time like none of us have ever experienced. Please direct any future questions or concerns to me and the City Clerk, Chris Johnson. Bill Nary | City Attorney & Risk Manager City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: | 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 1 Chris Johnson From:Bill Nary Sent:Sunday, April 5, 2020 10:37 AM To:Tiffany Kilcup Cc:Chris Johnson; Shandy Lam; Adrienne Weatherly Subject:RE: Response regarding 5G installations Ms. Kilcup; You might contact the Ada County Highway District with your concerns too. They have been putting up 5G small cell towers throughout the Treasure Valley, including Meridian, for over a year. Our elected officials don’t have the authority to do what you ask. The FCC does consider these facilities to be essential. Bill Nary | City Attorney & Risk Manager City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: | 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Tiffany Kilcup <tiffanykilcup@yahoo.com> Sent: Sunday, April 5, 2020 9:15 AM To: Bill Nary <bnary@meridiancity.org> Cc: Chris Johnson <cjohnson@meridiancity.org>; Shandy Lam <slam@meridiancity.org>; Adrienne Weatherly <aweatherly@meridiancity.org> Subject: Re: Response regarding 5G installations External Sender - Please use caution with links or attachments. Thank you for responding. 5G is NOT essential infrastructure. Let the officials know that they will not get mine nor my family nor friend’s votes if it is put up in Meridian. Regards, Tiffany Kilcup Sent from my iPhone On Apr 4, 2020, at 3:45 PM, Bill Nary <bnary@meridiancity.org> wrote: Thank you for contacting the City with your concerns regarding 5G installations within the City of Meridian. 1 I am responding on behalf of the Mayor and City Council because you have raised a legal issue and I am the person best suited to respond to that concern. The City is adhering to and administering its operations based upon the Governor’s Self Isolation order of March 25, 2020. In that order the Governor specifically directed that Essential Government functions may continue to operate. The City has moved a majority of its workforce to working from home. Those that must work in the field such as police officers, firefighters, and public works personnel may continue to do so. The City has moved a majority of its Administrative functions to on-line applications and the work is being performed remotely by our employees. The Governor also designated that Essential Infrastructure may continue to function which includes public works and commercial construction. Lastly, the Idaho Code at IC 67-6523 grants limited authority to the City to declare a moratorium on the issuances of selected classes of permits if imminent peril to public health, safety, or welfare might occur without such moratorium. This current pandemic, as awful as the situation has arisen in our community, does not cause the City to require this action occur. Application for small cells have been received by the City for attachment of these devices to existing ACHD infrastructure. The application is done on-line and the review is ministerial in nature and done by the Planning Department. It is a routine function of their Department to review all requests of this nature and therefore it will continue. The construction of this type is allowed by the Governor’s order and therefore may continue. There is no basis, at this time, for the City to suspend this function and impose a moratorium on the issuances of these approvals. I appreciate your concern, but the current functions of the City are continuing, as best as we can, in a time like none of us have ever experienced. Please direct any future questions or concerns to me and the City Clerk, Chris Johnson. Bill Nary | City Attorney & Risk Manager City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: | 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. _____________________________________________________________________________________ _____________________________________________________________________________________ ___________________________________ Dear The Honorable Simison, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and 2 state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shutdown of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. 3 Charlene Way From:Chris Johnson Sent:Friday, April 03, 2020 6:08 PM To:Charlene Way Subject:FW: Stop Deployment of Wireless during Quarantine From: ashley compton <ashleycompton11@gmail.com> Sent: Friday, April 3, 2020 6:00 PM To: Chris Johnson <cjohnson@meridiancity.org> Subject: Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. 1 Sincerely, ashley compton 809 East Handel Street Meridian, ID 83646 2 Charlene Way From:Chris Johnson Sent:Friday, April 03, 2020 9:32 PM To:Charlene Way Subject:Fwd: Stop Deployment of Wireless during Quarantine Begin forwarded message: From: Levi Robertson <robertsonlevi@outlook.com> Date: April 3, 2020 at 9:06:07 PM MDT To: Chris Johnson <cjohnson@meridiancity.org> Subject: Stop Deployment of Wireless during Quarantine Reply-To: Levi Robertson <robertsonlevi@outlook.com> External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over 1 determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. Sincerely, Levi Robertson 1964 S. Elkhound Ave Meridian, ID 83642 2 Chris Johnson From:Bill Nary Sent:Tuesday, April 7, 2020 5:37 PM To:Melody Watts Cc:Chris Johnson Subject:RE: Response 5G Installations Ms. Watts; Since this is a federal issue you should start with Congressman Fulcher. Here is a link from his website. https://fulcher.house.gov/contact Bill Nary | City Attorney & Risk Manager City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: | 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Melody Watts <melodycwatts@gmail.com> Sent: Tuesday, April 7, 2020 5:01 PM To: Bill Nary <bnary@meridiancity.org> Subject: Re: Response 5G Installations Hi Bill, My concern is not timing or legality. My concern is safety of my environment What law maker can I speak to about saftey concerns of emf toxicity and microwave technology Sincerely Melody watts On Tue, Apr 7, 2020, 10:12 AM Bill Nary <bnary@meridiancity.org> wrote: Thank you for contacting the City with your concerns regarding 5G installations within the City of Meridian. I am responding on behalf of the Mayor and City Council because you have raised a legal issue and I am the person best suited to respond to that concern. The City is adhering to and administering its operations based upon the Governor’s Self Isolation order of March 25, 2020. In that order the Governor specifically directed 1 that Essential Government functions may continue to operate. The City has moved a majority of its workforce to working from home. Those that must work in the field such as police officers, firefighters, and public works personnel may continue to do so. The City has moved a majority of its Administrative functions to on-line applications and the work is being performed remotely by our employees. The Governor also designated that Essential Infrastructure may continue to function which includes public works and commercial construction. Lastly, the Idaho Code at IC 67-6523 grants limited authority to the City to declare a moratorium on the issuances of selected classes of permits if imminent peril to public health, safety, or welfare might occur without such moratorium. This current pandemic, as awful as the situation has arisen in our community, does not cause the City to require this action occur. Application for small cells have been received by the City for attachment of these devices to existing ACHD infrastructure. The application is done on-line and the review is ministerial in nature and done by the Planning Department. It is a routine function of their Department to review all requests of this nature and therefore it will continue. The construction of this type is allowed by the Governor’s order and therefore may continue. There is no basis, at this time, for the City to suspend this function and impose a moratorium on the issuances of these approvals. I appreciate your concern, but the current functions of the City are continuing, as best as we can, in a time like none of us have ever experienced. Please direct any future questions or concerns to me and the City Clerk, Chris Johnson. Bill Nary | City Attorney & Risk Manager City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: | 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 2 Chris Johnson From:melody watts <melodycwatts@gmail.com> Sent:Tuesday, April 7, 2020 12:40 AM To:Chris Johnson Subject:Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. Sincerely, melody watts 839 w Arnaz St meridian, ID 83646 1 Chris Johnson From:Laura Walsh <laurawalsh7@outlook.com> Sent:Monday, April 13, 2020 6:00 PM To:Chris Johnson Subject:Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. Sincerely, Laura Walsh 4081 N Breeze Creek Way Meridian, ID 83646 1 Chris Johnson From:rwalsher . <rwalsher@gmail.com> Sent:Thursday, April 16, 2020 11:49 AM To:Bill Nary Cc:Chris Johnson; Shandy Lam; Adrienne Weatherly Subject:Re: Response regarding 5G installations External Sender - Please use caution with links or attachments. Hi Bill and Chris, appreciate the thorough response, because the small cell tower applications are still flowing and I assume placements will follow, can you answer a few related questions (or direct me to the person who can answer): 1. how close can these cells be placed to residential homes. 2. Provide non-industry supported studies on the health and safety of these cells on the human person and environment. I'm pro fast data and technology but I want to make sure this is done safely. Thank you, Rick Walsh On Sat, Apr 4, 2020 at 3:45 PM Bill Nary <bnary@meridiancity.org> wrote: Thank you for contacting the City with your concerns regarding 5G installations within the City of Meridian. I am responding on behalf of the Mayor and City Council because you have raised a legal issue and I am the person best suited to respond to that concern. The City is adhering to and administering its operations based upon the Governor’s Self Isolation order of March 25, 2020. In that order the Governor specifically directed that Essential Government functions may continue to operate. The City has moved a majority of its workforce to working from home. Those that must work in the field such as police officers, firefighters, and public works personnel may continue to do so. The City has moved a majority of its Administrative functions to on-line applications and the work is being performed remotely by our employees. The Governor also designated that Essential Infrastructure may continue to function which includes public works and commercial construction. Lastly, the Idaho Code at IC 67-6523 grants limited authority to the City to declare a moratorium on the issuances of selected classes of permits if imminent peril to public health, safety, or welfare might occur without such moratorium. This current pandemic, as awful as the situation has arisen in our community, does not cause the City to require this action occur. Application for small cells have been received by the City for attachment of these devices to existing ACHD infrastructure. The application is done on-line and the review is ministerial in nature and done by the Planning Department. It is a routine function of their Department to review all requests of this nature and therefore it will continue. The construction of this type is allowed by the Governor’s order and therefore may continue. There is no basis, at this time, for the City to suspend this function and impose a moratorium on the issuances of these approvals. 1 I appreciate your concern, but the current functions of the City are continuing, as best as we can, in a time like none of us have ever experienced. Please direct any future questions or concerns to me and the City Clerk, Chris Johnson. Bill Nary | City Attorney & Risk Manager City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: | 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. _________________________________________________________________________________________ _________________________________________________________________________________________ ___________________________ Dear The Honorable Simison, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shutdown of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during 2 emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18- 111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. 3 Chris Johnson From:Jody McMillan <mcmillanfam5@gmail.com> Sent:Friday, April 17, 2020 1:33 AM To:Chris Johnson Subject:Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. Sincerely, Jody McMillan 2672 W Tenuta St Meridian, ID 83646 1 Adrienne Weatherly From:Bill Nary Sent:Thursday, April 16, 2020 1:43 PM To:rwalsher . Cc:Chris Johnson; Shandy Lam; Adrienne Weatherly; David Miles; Caleb Hood; Bill Parsons Subject:RE: Response regarding 5G installations Mr. Walsh; 1. The City must follow the law so I can share this much to answer your questions. The FCC order allows reasonable spacing requirements based on aesthetics, not safety, but such requirements shall not materially inhibit the rollout of 5G infrastructure. The City Code states that Streetlights or poles with attached antennas shall be separated by a minimum of five hundred feet (500') (MCC 11-4-3-43). A majority of these structures currently are on the Ada County Highway District (ACHD) approved or existing infrastructure, such as traffic signal poles and occasionally a mono pole. 2. Due to FCC supremacy on the radio frequency issue, Meridian does not collect studies related to the health and safety issues related to 5G. The FCC has preempted the City from prohibiting these facilities within our City other than the limitations based upon planning guidance in the City Code. Bill Nary | City Attorney & Risk Manager City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: | 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: rwalsher . <rwalsher@gmail.com> Sent: Thursday, April 16, 2020 11:49 AM To: Bill Nary <bnary@meridiancity.org> Cc: Chris Johnson <cjohnson@meridiancity.org>; Shandy Lam <slam@meridiancity.org>; Adrienne Weatherly <aweatherly@meridiancity.org> Subject: Re: Response regarding 5G installations External Sender - Please use caution with links or attachments. Hi Bill and Chris, appreciate the thorough response, because the small cell tower applications are still flowing and I assume placements will follow, can you answer a few related questions (or direct me to the person who can answer): 1. how close can these cells be placed to residential homes. 2. Provide non-industry supported studies on the health and safety of these cells on the human person and environment. I'm pro fast data and technology but I want to make sure this is done safely. 1 Thank you, Rick Walsh On Sat, Apr 4, 2020 at 3:45 PM Bill Nary <bnary@meridiancity.org> wrote: Thank you for contacting the City with your concerns regarding 5G installations within the City of Meridian. I am responding on behalf of the Mayor and City Council because you have raised a legal issue and I am the person best suited to respond to that concern. The City is adhering to and administering its operations based upon the Governor’s Self Isolation order of March 25, 2020. In that order the Governor specifically directed that Essential Government functions may continue to operate. The City has moved a majority of its workforce to working from home. Those that must work in the field such as police officers, firefighters, and public works personnel may continue to do so. The City has moved a majority of its Administrative functions to on-line applications and the work is being performed remotely by our employees. The Governor also designated that Essential Infrastructure may continue to function which includes public works and commercial construction. Lastly, the Idaho Code at IC 67-6523 grants limited authority to the City to declare a moratorium on the issuances of selected classes of permits if imminent peril to public health, safety, or welfare might occur without such moratorium. This current pandemic, as awful as the situation has arisen in our community, does not cause the City to require this action occur. Application for small cells have been received by the City for attachment of these devices to existing ACHD infrastructure. The application is done on-line and the review is ministerial in nature and done by the Planning Department. It is a routine function of their Department to review all requests of this nature and therefore it will continue. The construction of this type is allowed by the Governor’s order and therefore may continue. There is no basis, at this time, for the City to suspend this function and impose a moratorium on the issuances of these approvals. I appreciate your concern, but the current functions of the City are continuing, as best as we can, in a time like none of us have ever experienced. Please direct any future questions or concerns to me and the City Clerk, Chris Johnson. Bill Nary | City Attorney & Risk Manager City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: | 208-898-5506 Built for Business, Designed for Living 2 All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. _________________________________________________________________________________________ _________________________________________________________________________________________ ___________________________ Dear The Honorable Simison, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shutdown of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18- 111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. 3 Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. 4 Charlene Way From:Chris Johnson Sent:Friday, April 17, 2020 9:22 AM To:Charlene Way Subject:FW: Response regarding 5G installations From: Bill Nary <bnary@meridiancity.org> Sent: Thursday, April 16, 2020 4:08 PM To: Laura Walsh <laurawalsh7@outlook.com> Cc: Chris Johnson <cjohnson@meridiancity.org> Subject: RE: Response regarding 5G installations Ms. Walsh; Since this is a federal issue you should start with Congressman Fulcher. Here is a link from his website. https://fulcher.house.gov/contact Federal law has pre-empted the City from addressing this issue, other than some limited planning rules in our Code. Bill Nary | City Attorney & Risk Manager City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: | 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Laura Walsh <laurawalsh7@outlook.com> Sent: Thursday, April 16, 2020 3:42 PM To: Bill Nary <bnary@meridiancity.org> Subject: Re: Response regarding 5G installations Dear Bill Nary, My concern with 5G implementation is that it will have great negative consequences for us the public. According to my research, 5G is very detrimental to the health of humans. Therefore, I am very concerned with it being forced on us the public without the option to opt out. How can we the public address this concern with our government? Any suggestions? Thank you, 1 Laura Walsh From: Bill Nary <bnary@meridiancity.org> Sent: Thursday, April 16, 2020 11:54 AM To: laurawalsh7@outlook.com <laurawalsh7@outlook.com> Cc: Chris Johnson <cjohnson@meridiancity.org> Subject: Response regarding 5G installations Thank you for contacting the City with your concerns regarding 5G installations within the City of Meridian. I am responding on behalf of the Mayor and City Council because you have raised a legal issue and I am the person best suited to respond to that concern. The City is adhering to and administering its operations based upon the Governor’s Self Isolation order of March 25, 2020. In that order the Governor specifically directed that Essential Government functions may continue to operate. The City has moved a majority of its workforce to working from home. Those that must work in the field such as police officers, firefighters, and public works personnel may continue to do so. The City has moved a majority of its Administrative functions to on-line applications and the work is being performed remotely by our employees. The Governor also designated that Essential Infrastructure may continue to function which includes public works and commercial construction. Lastly, the Idaho Code at IC 67-6523 grants limited authority to the City to declare a moratorium on the issuances of selected classes of permits if imminent peril to public health, safety, or welfare might occur without such moratorium. This current pandemic, as awful as the situation has arisen in our community, does not cause the City to require this action occur. Application for small cells have been received by the City for attachment of these devices to existing ACHD infrastructure. The application is done on-line and the review is ministerial in nature and done by the Planning Department. It is a routine function of their Department to review all requests of this nature and therefore it will continue. The construction of this type is allowed by the Governor’s order and therefore may continue. There is no basis, at this time, for the City to suspend this function and impose a moratorium on the issuances of these approvals. I appreciate your concern, but the current functions of the City are continuing, as best as we can, in a time like none of us have ever experienced. Please direct any future questions or concerns to me and the City Clerk, Chris Johnson. Bill Nary | City Attorney & Risk Manager City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: | 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 2 Chris Johnson From:K Grace <journeywithangels@yahoo.com> Sent:Friday, April 17, 2020 5:54 PM To:Chris Johnson Subject:Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on “small cells” and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not “essential.” The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed “essential”. Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) (“We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be ‘necessary’ to ‘protect the public safety and welfare’ or to ‘ensure the continued quality of telecommunications services.’”) Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support “essential” status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e-Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on “protection, response, recovery, and restoration”). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. Sincerely, K Grace Po box 51 Meridian, ID 83680 1 Chris Johnson From:Bill Nary Sent:Saturday, April 18, 2020 12:55 PM To:journeywithangels@yahoo.com Cc:Chris Johnson Subject:City Response to 5G installations Thank you for contacting the City with your concerns regarding 5G installations within the City of Meridian. I am responding on behalf of the Mayor and City Council because you have raised a legal issue and I am the person best suited to respond to that concern. The City is adhering to and administering its operations based upon the Governor’s Self Isolation order of March 25, 2020. In that order the Governor specifically directed that Essential Government functions may continue to operate. The City has moved a majority of its workforce to working from home. Those that must work in the field such as police officers, firefighters, and public works personnel may continue to do so. The City has moved a majority of its Administrative functions to on-line applications and the work is being performed remotely by our employees. The Governor also designated that Essential Infrastructure may continue to function which includes public works and commercial construction. Lastly, the Idaho Code at IC 67-6523 grants limited authority to the City to declare a moratorium on the issuances of selected classes of permits if imminent peril to public health, safety, or welfare might occur without such moratorium. This current pandemic, as awful as the situation has arisen in our community, does not cause the City to require this action occur. Application for small cells have been received by the City for attachment of these devices to existing ACHD infrastructure. The application is done on-line and the review is ministerial in nature and done by the Planning Department. It is a routine function of their Department to review all requests of this nature and therefore it will continue. The construction of this type is allowed by the Governor’s order and therefore may continue. There is no basis, at this time, for the City to suspend this function and impose a moratorium on the issuances of these approvals. I appreciate your concern, but the current functions of the City are continuing, as best as we can, in a time like none of us have ever experienced. Please direct any future questions or concerns to me and the City Clerk, Chris Johnson. Bill Nary | City Attorney & Risk Manager City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: | 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 1 Chris Johnson From: Shay Peoples <shaynbama@gmail.com> Sent: Saturday, May 23, 2020 10:12 AM To: Chris Johnson Subject: Stop Deployment of Wireless during Quarantine External Sender - Please use caution with links or attachments. Dear Mr. Johnson, Dear Mayor & City Council Member, We ask that you impose a moratorium on "small cells" and other wireless infrastructure permits process and deployment until the COVID-19 emergency is over. The wireless providers are using the COVID-19 emergency as cover to expand and cement their rapid and virtually unsupervised deployment of harmful wireless infrastructure. Our local leaders should not have to dedicate time and resources to policing whether the wireless companies are following local and state law, they have far more important things to do. The FCC wireless permit rules allow emergency moratoria. Homeland Security guidelines emphasize that maintenance of existing communications capability is the priority. New construction is not "essential." The COVID-19 emergency has led to a government shut down of non-essential activity. Hospitals, emergency response and local officials are overwhelmed and they must be allowed to focus on what is indeed "essential". Now is not the time to be dedicating resources to expanding, rather than just maintaining, our networks. The FCC has directly held a local jurisdiction can impose a temporary halt to deployment and permits during emergencies. In the Matter of Accelerating Wireline Broadband Deployment by Removing Barriers, FCC 18-111, 33 FCC Rcd 7705, 7784-7785, ¶157 (2018) ("We recognize that there may be limited situations in the case of a natural disaster or other comparable emergency where an express or de facto moratoria that violates section 253(a) may nonetheless be 'necessary' to 'protect the public safety and welfare' or to 'ensure the continued quality of telecommunications services."') Homeland Security has declared that local government is on the forefront and can take control over determining whether to temporarily halt all non-essential activity. Homeland Security guidance documents prioritize maintenance of existing Communications Systems, and do not support "essential" status for new construction. See Homeland Security Cybersecurity & Infrastructure Security Agency, Identifying Critical Infrastructure During COVID-19, https://www.cisa.gov/identifying-critical- infrastructure-during-covid-19 (local control); e -Critical Infrastructure and Key Resources Support Annex, http://www.fema.gov/pdf/emergency/nrf/nrf-support-cikr.pdf (focus on "protection, response, recovery, and restoration"). Homeland Security, like the FCC, understands that it is essential in an emergency situations justify focusing on protecting, responding, recovering and restoring of existing systems, but new communications facilities construction is and should be deemed nonessential, and subject to lockdown for so long as we are under emergency conditions. Cities can and should impose a moratorium on deployment in their local area and freeze the permit process until the COVID-19 emergency is over. Sincerely, Shay Peoples 182 w Wausau st Meridian, ID 83646 May 26, 2020 To: Mayor Robert Simison; City Council Members: Liz Strader, Joe Borton, Brad Hoaglan, Treg Bernt, Jessica Perreault, Luke Cavener CC: Chris Johnson From: Cathy Cooke, Resident of Ada County Subject: Public Comment at City Council Meeting on May 26, 2020 regarding small wireless telecommunications facilities. Dear Mayor and City Council Members: I attest and affirm that the following statements are true, accurate and within my personal knowledge. My name is Cathy Cooke, a certified Building Biologist and Electromagnetic Radiation Specialist, practicing in Ada County. I am an expert in measuring and mitigating radiofrequency/microwave (RF/MW) radiation exposures. My business has been booming ever since so-called “small” Wireless Telecommunications Facilities (sWTFs) are being installed in the public rights-of-way of Ada County because RF/MW exposures from sWTFs is actually tens of thousands of times higher than RF/MW from Macro Towers. This is because the sWTFs are so much closer. It is the proximity to homes and businesses that is so hazardous. I use professional, certified, calibrated RF meters and always measure the peaks of RF/MW radiation, which is thousands of times higher than averages because the peaks of RF/MW are what really matter. People in ADA county cities are facing safety, privacy and property value hazards simply because the ACHD and municipalities -- to date -- have failed to sufficiently regulate Vertical \[pause\] Horizontal \[pause\] and Power for sWTF antennas. Vertical is the number of feet off the ground), Horizontal is the number of feet away from homes and Power is the Maximum Effective Radiated Power (Watts ERP) that the antenna can output. It is easy to calculate EPR from the antenna spec sheet. You multiply maximum power input by antenna gain for each channel and then sum the total. When the original Macro Towers were constructed on hillsides, they had antennas with 200 feet of Vertical and 3,000+ feet of Horizontal. This VHP recipe allows the RF signal to waft into residential areas at a low enough level to enable calls and will not ruin the quiet enjoyment of streets. But, when cell tower antennas have only 30-50 of Vertical and only 20-50 feet of Horizontal, then we have a real disaster. The maximum output power of these close-in sWTF antennas needs to be capped to that which enables phone calls, but will not ruin the quiet enjoyment of streets – just like the larger Macro towers. Because the ACHD and local municipalities are not paying attention, sWTFs are deploying 15,000 to 22,000 Watts ERP many of which are within feet of homes, when only 0.1 Watt of ERP is needed to go down the street for half-a-mile, provide 5 bars and a cell phone and 3,000+ people can simultaneously make a call. None of my clients would want their children to sleep in the RF/MW radiation of a macro tower that is only 20-50 feet from their bedroom windows. Our legislators understood this back in 1996 when they wrote the conference report explaining the legislative intent for the 1996 Telecommunications Act. The 1996-TCA Conference Report states: “\[T\]he conferees do not intend \[pause\] that if a State or local government grants a permit in a commercial district, it must also grant a permit for a competitor’s 50-foot tower in a residential district.” An ERP Limit of 0.1 Watt for WTFs for all frequencies transmitted from a WTF can be enforced 24/7 with a fuse under a locality’s lock-and-key, and can then allow a locality to levy fines for ERP violations. Localities can use their police powers over the public rights-of-way to preserve the quiet enjoyment of streets by requiring a fiber optic sharing box on every WTF. A third piece of equipment can filter out the dirty electricity induced in the local electrical lines. ACHD and municipalities have an opportunity to include rational VHP regulation. We are fortunate to have a simple, cost-effective and revenue-generating solution. I urge the city of Meridian to adopt such regulations. Thank you. I have expressed no matter of mere concern but solely matters of substance, fact and law. Cathy Cooke cookecc@gmail.com Chris Johnson From:Bill Nary Sent:Friday, June 5, 2020 2:27 PM To:Heather L. (pianocottage@gmail.com) Cc:Chris Johnson; Adrienne Weatherly Subject:5G Email Response Thank you for contacting the City with your concerns regarding 5G installations within the City of Meridian. I am responding on behalf of the Mayor and City Council because you have raised a legal issue and I am the person best suited to respond to that concern. The City is adhering to and administering its Development Code as it exists today and in conformance with the current case law applicable to the City of Meridian. We are adhering to the federal regulations that we are required to abide by and we are following the law as we are required to do. There is no basis, at this time, for the City to suspend this function and impose a moratorium on the issuances of these approvals. I appreciate your concern, but the current functions of the City are continuing, as best as we can, in a time like none of us have ever experienced. Please direct any future questions or concerns to me and the City Clerk, Chris Johnson. Bill Nary | City Attorney & Risk Manager City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: | 208-898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Heather L. <pianocottage@gmail.com> Sent: Tuesday, June 02, 2020 8:00 AM To: Robert Simison <rsimison@meridiancity.org>; Ted Baird <tbaird@meridiancity.org>; Liz Strader <lstrader@meridiancity.org>; Joe Borton <jborton@meridiancity.org>; Brad Hoaglun <bhoaglun@meridiancity.org>; Treg Bernt <tbernt@meridiancity.org>; Jessica Perreault <jperreault@meridiancity.org>; Luke Cavener <lcavener@meridiancity.org> Subject: Keep the Treasure Valley Safe External Sender - Please use caution with links or attachments. Dear Meridian Mayor & City Council Members: THIS IS AN URGENT AND IMMEDIATE REQUEST TO STOP THE 5G ROLL-OUT IN THE TREASURE VALLEY. 1 The world finds itself in an unprecedented national and global crisis, and protection of lives is now paramount. I urge you to immediately halt the 5G roll-out until sufficient research has been conducted into the links between electromagnetic radiation exposure and immune system depression as well as increased bacteria and virus growth. This wireless technology has been deployed in the Treasure Valley without informed public consent and without understanding its consequences on human, animal, and plant life. The National Toxicology Program (NTP) and thousands of independent peer-reviewed scientific studies overwhelmingly reveal serious and irreversible health and safety dangers to vulnerable citizens, especially children, pregnant women, EMF hypersensitive, elderly persons, and numerous others suffering from chronic diseases. Some of these dangers include:  Increased risk of cancer, ADHD, and autism  cellular stress and genetic damages  learning and memory deficits  neurological disorders and increase in harmful free radicals  structural and functional changes of the reproductive system Additionally, extensive studies are showing direct correlation between 5G networks and ‘coronavirus’ outbreaks. (links are listed below) More than 150 communities and countries worldwide have passed ordinances halting the rollout of 5G citing human health and environmental concerns - including Switzerland, Israel, Japan, New Zealand, Australia, Netherlands, Belgium, Brussels, and Slovenia. As I am sure you will understand, 5G must not be allowed to be rolled out on the back of the current pandemic crisis for it would directly breach the Precautionary Principle as well as the human right to informed consent. Implementation must wait until more independent research has been conducted to evaluate if this technology is safe for humans, wildlife, and the environment, and must be preceded by thorough and comprehensive Public Consultations. Anything else would directly put lives at risk and be a severe breach of human rights. In conclusion, it would be highly irresponsible to continue to roll out an untested technology which could have disastrous effects for humans and the environment. In fact, to roll out 5G without due diligence, legitimate liability coverage, and without informed consent would constitute Technological Trespass and be a crime against humanity and the planet. I therefore urge you to do everything you can to protect the residents of the Treasure Valley, the environment, wildlife, and pollinating insects from this 5G onslaught according to your Duty of Care -- your first and foremost responsibility whilst in office. The expansion of fiber-optic networks to all locations is a much faster, more reliable, safer, and more secure alternative. I look forward to your reply and urgent action. Sincerely, Heather L. Nampa, ID Bcc: Ada County Commissioners, Canyon County Commissioners, City of Boise Mayor & City Council, City of Eagle Mayor & City Council, City of Star Mayor & City Council, City of Meridian Mayor & City Council, City of Kuna Mayor & City Council, City of Nampa & City Council, Garden City Mayor & City Council, West Ada School District, ADA County Highway District --- Resources: 1) Idahoans for Safe Technology - https://idahoansforsafetechnology.org/ 2 2) Studies show link between Coronavirus and 5G - http://www.radiationdangers.com/5g/study-shows-direct-correlation-between- 5g-networks-and-coronavirus-outbreaks-2/ 3) Scientists warn of serious health effects of 5G - https://ehtrust.org/wp-content/uploads/Scientist-5G-appeal-2017.pdf 4) We Do Not Consent to 5G – https://youtu.be/mrgGuTwJq9k 5) 5G Telecommunications Science - https://mdsafetech.org/5g-telecommunications-science/ 3 From Message Submission 1.855.209.0638 Tue Jun 2 19:13:33 2020 MDT Page 1 of 1 Robyn Bailey 7058 N. Portbush pl Meridian, ID 83646 Constituent 06/03/2020 Tammy de Weerd Subject: Please help protect us from 5G risk, and local legislative solutions. Dear Hon. Weerd, Thank you for your time and consideration of the misgivings that I, and many others, share regarding the risks pertaining to the deployment of 5G technology. This week, more than 150,000 people are participating in an online Summit to examine the facts pertaining to 5G.To be clear, we understand that there are indeed benefits to this technology.We also understand, however, that there are very significant risks which have not been addressed to date.As my elected representative, I urge you to examine then take immediate action to mitigate these risks. What are the risks and negative impacts from 5G?These fit into the following broad categories: 1) adverse health impacts, 2) privacy impacts, 3) national security risks and 4) budgetary impacts. ADVERSE HEALTH IMPACTS have been confirmed in over 3,600 medical studies that include cancer, sterility, heart conditions, exacerbation of other underlying conditions and much more including environmental impacts. PRIVACY IMPACTS include the harvesting of personal data about citizens without their knowledge or consent. 5G facilitates granular "contact tracing" surveillance.The "business case" for 5G right now is surveillance devices and cameras, not data service for consumers. NATIONAL SECURITY RISKS include providing hostile nations with access to sensitive military and critical infrastructure networks. BUDGETARY IMPACTS rise from lawsuits against municipal authorities for failure to comply with current statutory protections such as those provided in the ADA and FHA and tort liability for personal injuries caused by exposure from wireless infrastructure on public right-of-way. Individually, these risks would merit further action. Collectively, they should justify treating the matter as an urgent, immediate priority. To be clear, to date there are no independent safety studies demonstrating the safety of prolonged exposure to the microwave and millimeter-wave frequencies; or phased array beamforming intended to be used for 5G in the future. Thus, with thousands of studies indicating harmful bio-effect(s) from wireless radiation, and since the wireless industry tells us that 5G requires installation of transmitters emitting wireless radiation 24 hours a day in front of every 3-10 homes, causing or facilitating the deployment of 5G and then exposing individuals against their will violates their right to bodily integrity and is a battery tort.The emissions crossing private land are a nuisance. States such as Wisconsin, Ohio, Pennsylvania, Connecticut, Massachusetts, New Hampshire, Louisiana, Oregon, New York, and California have taken action to limit and exert more control over the 5G rollout. Federal legislators including Senators Richard Blumenthal and James Gaughran; and Representatives Anna Eshoo, Thomas Suozzi, Dan Lipinski, Andy Kim, and Peter DeFazio have all formally initiated an inquiry regarding the safety of 5G technology and have requested documentation of its safety. Countries and cities around the world, including Switzerland, Brussels, Italy, Greece, UK, Slovenia, Nigeria, New Guinea, have completely halted or postponed the roll out of 5G until its safety has been firmly established. Leading tech and industry professionals including Frank Clegg, the former President of Microsoft Canada, have made pragmatic appeals to policy makers regarding the risks of 5G technologies (see: youtu.be/xSP2exnmJXg). Mr. Clegg has requested that his industry, the telecommunications industry, be required by policy makers to do full safety testing on 5G and pursue technological options such as fiber optics which mitigate health, privacy and security risks. What actions can be taken?Contrary to what you may be told by federal authorities, state authorities or even your own legal counsel, there are significant actions you can take right now to join other communities in the protection of the rights of the From Message Submission 1.855.209.0638 Tue Jun 2 19:15:45 2020 MDT Page 1 of 1 Robyn Bailey 7058 N. Portbush pl Meridian, ID 83646 Constituent 06/03/2020 Ty Palmer Subject: Please help protect us from 5G risk, and local legislative solutions. Dear Mr. Palmer, Thank you for your time and consideration of the misgivings that I, and many others, share regarding the risks pertaining to the deployment of 5G technology. This week, more than 150,000 people are participating in an online Summit to examine the facts pertaining to 5G.To be clear, we understand that there are indeed benefits to this technology.We also understand, however, that there are very significant risks which have not been addressed to date.As my elected representative, I urge you to examine then take immediate action to mitigate these risks. What are the risks and negative impacts from 5G?These fit into the following broad categories: 1) adverse health impacts, 2) privacy impacts, 3) national security risks and 4)budgetary impacts. ADVERSE HEALTH IMPACTS have been confirmed in over 3,600 medical studies that include cancer, sterility, heart conditions, exacerbation of other underlying conditions and much more including environmental impacts. PRIVACY IMPACTS include the harvesting of personal data about citizens without their knowledge or consent. 5G facilitates granular"contact tracing" surveillance.The "business case" for 5G right now is surveillance devices and cameras, not data service for consumers. NATIONAL SECURITY RISKS include providing hostile nations with access to sensitive military and critical infrastructure networks. BUDGETARY IMPACTS rise from lawsuits against municipal authorities for failure to comply with current statutory protections such as those provided in the ADA and FHA and tort liability for personal injuries caused by exposure from wireless infrastructure on public right-of-way. Individually, these risks would merit further action. Collectively, they should justify treating the matter as an urgent, immediate priority. To be clear, to date there are no independent safety studies demonstrating the safety of prolonged exposure to the microwave and millimeter-wave frequencies; or phased array beamforming intended to be used for 5G in the future. Thus, with thousands of studies indicating harmful bio-effect(s) from wireless radiation, and since the wireless industry tells us that 5G requires installation of transmitters emitting wireless radiation 24 hours a day in front of every 3-10 homes, causing or facilitating the deployment of 5G and then exposing individuals against their will violates their right to bodily integrity and is a battery tort.The emissions crossing private land are a nuisance. States such as Wisconsin, Ohio, Pennsylvania, Connecticut, Massachusetts, New Hampshire, Louisiana, Oregon, New York, and California have taken action to limit and exert more control over the 5G rollout. Federal legislators including Senators Richard Blumenthal and James Gaughran; and Representatives Anna Eshoo, Thomas Suozzi, Dan Lipinski, Andy Kim, and Peter DeFazio have all formally initiated an inquiry regarding the safety of 5G technology and have requested documentation of its safety. Countries and cities around the world, including Switzerland, Brussels, Italy, Greece, UK, Slovenia, Nigeria, New Guinea, have completely halted or postponed the roll out of 5G until its safety has been firmly established. Leading tech and industry professionals including Frank Clegg, the former President of Microsoft Canada, have made pragmatic appeals to policy makers regarding the risks of 5G technologies (see:youtu.be/xSP2exnmJXg ). Mr. Clegg has requested that his industry, the telecommunications industry, be required by policy makers to do full safety testing on 5G and pursue technological options such as fiber optics which mitigate health, privacy and security risks. What actions can be taken?Contrary to what you may be told by federal authorities, state authorities or even your own legal counsel, there are significant actions you can take right now to join other communities in the protection of the rights of the From Message Submission 1.855.209.0638 Tue Jun 2 19:17:58 2020 MDT Page 1 of 1 Robyn Bailey 7058 N. Portbush pl Meridian, ID 83646 Constituent 06/03/2020 Anne Roberts Subject: Please help protect us from 5G risk, and local legislative solutions. Dear Ms. Roberts, Thank you for your time and consideration of the misgivings that I, and many others, share regarding the risks pertaining to the deployment of 5G technology. This week, more than 150,000 people are participating in an online Summit to examine the facts pertaining to 5G.To be clear, we understand that there are indeed benefits to this technology.We also understand, however, that there are very significant risks which have not been addressed to date.As my elected representative, I urge you to examine then take immediate action to mitigate these risks. What are the risks and negative impacts from 5G?These fit into the following broad categories: 1) adverse health impacts, 2) privacy impacts, 3) national security risks and 4)budgetary impacts. ADVERSE HEALTH IMPACTS have been confirmed in over 3,600 medical studies that include cancer, sterility, heart conditions, exacerbation of other underlying conditions and much more including environmental impacts. PRIVACY IMPACTS include the harvesting of personal data about citizens without their knowledge or consent. 5G facilitates granular"contact tracing" surveillance.The "business case" for 5G right now is surveillance devices and cameras, not data service for consumers. NATIONAL SECURITY RISKS include providing hostile nations with access to sensitive military and critical infrastructure networks. BUDGETARY IMPACTS rise from lawsuits against municipal authorities for failure to comply with current statutory protections such as those provided in the ADA and FHA and tort liability for personal injuries caused by exposure from wireless infrastructure on public right-of-way. Individually, these risks would merit further action. Collectively, they should justify treating the matter as an urgent, immediate priority. To be clear, to date there are no independent safety studies demonstrating the safety of prolonged exposure to the microwave and millimeter-wave frequencies; or phased array beamforming intended to be used for 5G in the future. Thus, with thousands of studies indicating harmful bio-effect(s) from wireless radiation, and since the wireless industry tells us that 5G requires installation of transmitters emitting wireless radiation 24 hours a day in front of every 3-10 homes, causing or facilitating the deployment of 5G and then exposing individuals against their will violates their right to bodily integrity and is a battery tort.The emissions crossing private land are a nuisance. States such as Wisconsin, Ohio, Pennsylvania, Connecticut, Massachusetts, New Hampshire, Louisiana, Oregon, New York, and California have taken action to limit and exert more control over the 5G rollout. Federal legislators including Senators Richard Blumenthal and James Gaughran; and Representatives Anna Eshoo, Thomas Suozzi, Dan Lipinski, Andy Kim, and Peter DeFazio have all formally initiated an inquiry regarding the safety of 5G technology and have requested documentation of its safety. Countries and cities around the world, including Switzerland, Brussels, Italy, Greece, UK, Slovenia, Nigeria, New Guinea, have completely halted or postponed the roll out of 5G until its safety has been firmly established. Leading tech and industry professionals including Frank Clegg, the former President of Microsoft Canada, have made pragmatic appeals to policy makers regarding the risks of 5G technologies (see:youtu.be/xSP2exnmJXg ). Mr. Clegg has requested that his industry, the telecommunications industry, be required by policy makers to do full safety testing on 5G and pursue technological options such as fiber optics which mitigate health, privacy and security risks. What actions can be taken?Contrary to what you may be told by federal authorities, state authorities or even your own legal counsel, there are significant actions you can take right now to join other communities in the protection of the rights of the Charlene Way From:Chris Johnson Sent:Wednesday, June 10, 2020 10:13 AM To:Charlene Way Subject:Fwd: Notice of Authority to Cease from Processing and Approving 4G & 5G Cell Tower Applications Attachments:Meridian C&D 2020.6.10.pdf; ATT00001.htm Begin forwarded message: From: rwalsher <rwalsher@protonmail.com> Date: June 9, 2020 at 10:56:22 PM MDT To: Robert Simison <rsimison@meridiancity.org>, Joe Borton <jborton@meridiancity.org>, Brad Hoaglun <bhoaglun@meridiancity.org>, Treg Bernt <tbernt@meridiancity.org>, Jessica Perreault <jperreault@meridiancity.org>, Luke Cavener <lcavener@meridiancity.org>, Chris Johnson <cjohnson@meridiancity.org>, Bill Nary <bnary@meridiancity.org> Subject: Notice of Authority to Cease from Processing and Approving 4G & 5G Cell Tower Applications Reply-To: rwalsher <rwalsher@protonmail.com> External Sender - Please use caution with links or attachments. Dear Mr. Mayor, Council Members and Counsel, Thank you for your time and consideration on the matter enclosed. Sincerely, Rick Walsh - Meridian Business Owner and Resident & on behalf of 500 members of Idahoans for Safe Technology Sent with ProtonMail Secure Email. 1 To: Meridian Mayor Robert Simison rsimison@meridiancity.org, City Council Members: Liz Strader lstrader@meridiancity.org Joe Borton iborton@meridiancity.org Brad Hoaglun bhoaglun@meridianci , .org Treg Bernt tbernt@meridiancity.org JessicaPerreault ji2erreault@meridiancity.org Luke Cavener Icavener@meridiancity.org Chris Johnson, City Clerk ccJohnson@meridianci , .org William Nary bnary@meridiancity.org &Counsel Staff From: Rick Walsh, Re: Notice of 8/9/19 and 10/1/19 D.C. Circuit Court Rulings;Requirement to upgrade the Meridian Wireless Communication Facility Ordinance based on said Ordinance's current noncompliance therewith; Request for Moratorium proposed for the preparation of an improved Ordinance in compliance with these and other federal laws,precedents and policies. June 10,2020 SENT BY [EMAIL] Notice to Agent is Notice to Principal;Notice to Principal is Notice to Agent Dear Mr. Mayor, Council Members and Counsel: Residents of Meridian are very grateful for the opportunity to present the following information toward the creation of an excellent ordinance that allows only those wireless infrastructural activities required by federal and other pertinent laws. In§ 11-4-3-43 (B),the activities listed shall be all and only those that the U.S. Congress left in the regulatory hands of state and local officials: placement,construction,modification and operations. You do have currently before you applications requesting a permit to place, construct,modify and/or operate small wireless telecommunications facilities — which the wireless industry has branded "small cells"— on street lights,utility poles or other street furniture in the public rights-of-way,to facilitate the deployment of a close-proximity, microwave-irradiating network enabling not only internet data and voice and text transmissions,but also surveillance,crowd-control, and personal injury by means of pulsed, data-modulated,microwave irradiation. Fortunately,contrary to rumor,local officials have wide-reaching legal authorities over these facilities, including the capacity to require Need Tests,by which claims of a"significant gap in coverage' can be proven or disproven. From our colleagues' December 12,2019 and other discussions with Federal Communications Commission ("FCC") National Environmental Policy Act ("NEPA") attorneys Aaron Goldschmidt,Erica Rosenberg and Paul D'Ari,we've learned that"every new [wireless telecommunications facility ("WTF")] must undergo NEPA review", and that WTF applications cannot be batched for such purpose. This should be included in our ordinance. Kindly note that both wireline and wireless internet protocol transmissions formerly fell under FCC Title II,regulated as "Telecommunications Services." However,on October 1,2019,the D.C. Circuit Courts of Appeals in Case No,18-1051,Mozilla et al. v. FCC,confirmed these"Services" to be reclassified by the FCC as Title 1,unregulated "Information Services". Only wireline and wireless voice transmissions are classified as Title I1,regulated "Telecommunications Services". This is consistent with the original classifications in the federal Communications Act of 1934. Title I and Title II applications,therefore,need to be regulated differentially by local planning boards and commissions: for example,with separate file cabinets. Ideally,in larger cities and counties, separate staff should evaluate the respective applications. This regulatory distinction means that no preemption applies to WTF applications purposed for internet transmissions. Indeed,instead of permitting internet (Title I)WTFs,various local governments around the country have decided to supply public fiber-optics to the premises (FTTP) for internet services, which is superior in every way to wireless internet transmissions. Fiber provides the fastest, clearest transmissions over the greatest distances. It is reliable in storms and emergencies,not hackable, and emits no radiation. A decision for public FTTP can also enrich the local economy while preserving the quiet enjoyment of streets. Note also that the infrastructural copper wires and almost all fiber-optic cables already in place were financed with public money and reside in public conduits or on poles in the public rights-of-way. These publicly-financed fiber-optic cables and copper wirelines cannot lawfully be claimed or used,particularly not exclusively,by unregulated private wireless companies as if they were private property,purposed for private profit. Nor can they lawfully be destroyed. Positive ID When the local government reviews incoming applications,its staff needs to determine the true identity (ID) of each applicant. As obvious as this may seem,the specific agent, shell company and franchise of the wireless carrier,in practice,often fails to appear correctly on the application. This applicant entity needs to be named as its true corporate identity,e.g.,not as a "dba". Listing its board of directors on the application provides local staff the necessary positive identification: requirement therefore should be added to the local ordinance. Additionally,the entity filing application must be registered to do business in Idaho;so a copy of the registration with the Secretary of State in the true name of the Applicant should accompany the application. Even when these requirements do not appear in the ordinance, the local government should refrain from permitting until such information comes forth. Positive ID is essential for risk management: the smaller franchise,while uninsured or personally insured with few assets,holds liability passed along to it by the larger corporation. For this reason,the requirement that the applicant provide proof of insurance and worthy assets needs to be added to our Ordinance. If there is any master license agreement,then the Licensee under that agreement must also be the same entity as the Applicant. The certificate of insurance, which may be required by statute,ordinance,or the master license agreement,must name the Licensee as its insured-not a"dba". Should the Commission find itself unable lawfully to deny an application, it must pass all liability to the Applicant/Permittee by requiring Commercial General Liability coverage without a"pollution exclusion". The applicant should be required to submit a copy of the insurance policy so that a risk manager can review the actual exclusions. Since major insurance companies do not cover damages from radiofrequency/microwave (RF/MW) radiation or extreme low-frequency EMF,municipalities are coerced sight-unseen into huge liability when they permit WTFs. Workers who install and modify equipment are not protected by the Occupational Safety and Health Administration (OSHA),which follows the FCC guideline only"voluntarily" and does not independently monitor transmissions. Similarly,no agency checks regularly on public microwave radiation exposures from WTFs. Building Codes Typically,local governments do not give building permits to poorly designed structures that do not meet the standards and intent of local and national building codes-purposed for life, safety and public welfare. Equipment designed in such a way as to inflict biological harm upon the public should not be given a building permit or other permission to operate,as doing so would be in violation of the intent of established codes. Existing standards and codes such as building codes,fire codes, general plans,and city and county guidelines,are purposed to avert harm,manage risk and liability,and protect and serve the public welfare. The failure to uphold codes constitutes malpractice-a legal liability-and is unjust to the public. The obvious precedents include authorities' handling of lead, asbestos, cigarette smoking, seatbelts and airbags,noise,flame retardants,and so on. Telecoms' aggressive intrusions into local governments often bypass these local protections,with pressures imposed upon officials to bend to the FCC's whims;however,such overreaching may be produced by,or result in,fraud. WTFs cannot meet intent of local standards when: causing widespread biological harm-the root of myriad adverse health effects; compounding the effects of multiple, simultaneous frequency deployments, and wave amplification and peaks producing dynamic"hot spots" that are not accounted for in FCC guidelines; producing interacting mechanical vibrations,a form of sound and noise nuisance; ruining the quiet enjoyment of streets,the aesthetics of beautiful communities and their landscapes;and •increasing fire risks from elevated electrical consumption of WTFs and the poorly designed Advanced Metering Infrastructure (AMI) grid,with the production of additional failure points; and from the construction and operations of industrial equipment above high-voltage electrical supply lines and near flammable trees and landscaping treated with volatile organic compound pesticides. For your reference,the Uniform Building Code (here 1970,Part 1,Chapter 1,Section 102) states: "The purpose of this Code is to provide minimum standards to safeguard life or limb,health, property,and public welfare by regulating and controlling the design,construction,quality of materials,use and occupancy,location and maintenance of all buildings and structures within the city and certain equipment specifically regulated herein. The Idaho Building Code is purposed, at § 11-01-03, "to promote the public health, safety, and general welfare of present and future residents, and to bring about coordinated and efficient development that encourages affordable and fair housing stimulates economic opportunity, and promotes diverse, inclusive communities with a variety of housing choices for residents." State building codes may differ slightly;but, according to the U.S. Federal Emergency Management Agency (FEMA),the purpose of building codes is to "specify the minimum requirements to safeguard the health,safety,and general welfare of building occupants." (Emphasis added in all building code quotes.) Therefore,under the Tenth Amendment and other federal and state provisions,any federal law, or rule,such as from FCC,purporting to override the health,safety,and/ or general welfare of the public,can and must be overridden by the local government as prior superseded. 2019 Federal Precedents We call to your attention that, on August 9,2019,the D.C. Circuit Court of Appeals,in its Ruling in Case 18-1129 vacated FCC Order 18-30's deregulation of WTFs and remanded this to the FCC. In Case 18-1129,the judges stated that"the FCC failed to justify its determination that it is not in the public interest to require review of [WTF] deployments" and ruled that"the Order's deregulation of [WTFs] is arbitrary and capricious." The D.C. Circuit Court is esteemed as superseding, and not part of,the other eleven Circuit Courts-a subsidiary solely to the U.S.Supreme Court and of equivalent weight in the absence of an appeal. There is no appeal in this case. The D.C. Circuit judges published reasons for their 8 9/19 Ruling, concluding: • The FCC failed to address that it was speeding densification"without completing its investigation of. . . health effects of low-intensity radiofrequency [microwave] radiation". • The FCC did not adequately address the harms of deregulation. • The FCC did not justify its portrayal of those harms as negligible. • The FCC's characterization of the Order as consistent with its longstanding policy was not"logical and rational." . . .because the FCC mischaracterized the size, scale and footprint of the anticipated nationwide deployment of 800,000-unit network of small WTFs. • Such WTFs are"crucially different from the consumer signal boosters and Wi-Fi routers to which the FCC compares them". • "It is impossible on this record to credit the claim that [WTF] deregulation will'leave little to no environmental footprint."'. • The FCC fails to justify its conclusion that small WTFs"as a class" and by their"nature" are"inherently unlikely" to trigger potential significant environmental impacts. Therefore,this 8/9/19 D.C. Circuit Ruling renders every WTF application in Meridian incomplete,where the application does not contain substantial written evidence of NEPA review.The D.C. Circuit judges provided judicial reasoning for remanding the matter back to the FCC so that FCC could write rules specific to small WTFs"as a class". Such rules would address the need for the FCC and the wireless industry to complete Environmental Assessments ("EA") and / or Environmental Impact Statements ("EIS") for the then-anticipated nationwide deployment of an 800,000-unit network of small WTFs. This judicial reasoning pertains to the class of small WTFs that includes the antennas,radios, and ancillary equipment that are often attached to utility poles,light poles and other street furniture. As printed in the Federal Register on 11/5/19,the repeal of FCC 18-30 — a section of the Commissions rules implementing the small WTF exemption — resulted in a lack of small WTF-specific rules on the effective date of December 5,2019. The nationwide deployment of 800,000 additional WTFs is clearly a federal undertaking,since the wireless industry licenses its wireless spectrum frequencies from the federal government. Every single WTF planned for Meridian is part of this federal undertaking. Until such time as any and every applicant for any WTF(s) in Meridian places substantial written evidence in the public record proving that the applicant has completed NEPA and NHPA review for the applied-for WTF,the application remains incomplete, and any shot-clock remains stopped. On October 1,2019,the D.C. Circuit Court of Appeals further ruled against FCC overreach in Case 18-1051,which states on page 146,re: Restoring Internet Freedom,33 FCC Rcd. 311 (2018) ("2018 Order"): "[Because]the Commission's Preemption Directive,see 2018 Order¶¶194-204,lies beyond its authority,we vacate the portion of the 2018 Order purporting to preempt'any state or local requirements that are inconsistent with[the Commissions]deregulatory approach[,]'see id.¶194." This letter therefore encourages,and urges,Meridian public officials to enact a moratorium in which to upgrade our wireless Ordinance in compliance with the above-cited precedents and more,and during this moratorium specifically to cease from: 1. the processing of any and all WTF applications, 2. the placement of any new WTF, 3. the construction of any new WTF,and 4. the modification of any WTF that would result in the addition of any antenna,the alteration of frequency, or in the increase in any Effective Radiated Power (ERP) from the WTF; 5. allowing any operations of any sWTF whose post-August 9,2019 application's final inspection date was in any way incomplete, e.g.,per required review under NEPA/NHPA,or otherwise deficient. In connection with the above-ceased activities,you may wish to inform applicants of the D.C. Circuit Court Case 18-1129 requirement to comply with the above Rulings and NEPA and NHPA. The following testimony from Attorney Edward B. Myers,an intervenor in Case 18-1129,was delivered at a November 19,2019 hearing in Montgomery County,Maryland and again at a November 20,2019 San Francisco hearing. The testimony was entered into the respective public records at each of these hearings: "I am an attorney and was an intervenor in the DC Circuit Case 18-1129.I worked closely with the Natural Resources Defense Council on the briefs filed with the Court.My reading of the Court decision is summarized in the following: "The Federal Communications Commission issued a rulemaking order on March 30,2018 to expedite the deployment of Densified 4G/5G and other advanced wireless facilities(what the FCC called"small cell"facilities).The FCC's order exempted all of these 4G/5G facilities from two kinds of previously required review:historic-preservation review under the National Historic Preservation Act(NHPA) and environmental review under the National Environmental Policy Act(NEPA). "On August 9,2019,the US Court of Appeals for the District of Columbia Circuit vacated the FCC's rulemaking order.The legal effect of vacating the FCC's rule necessarily means that the prior rule was reinstated:any actions taken on the basis of the vacated rule must be reconsidered under the terms of the prior rule. "The prior rule required the FCC to apply NEPA to the construction of 4G/5G facilities.Consequently, it is not lawful that any such facility be constructed without prior NEPA review.While other actions of Congress and the FCC have attempted to circumscribe local authority over the construction of Densified 4G/5G facilities,in light of the Court's decision,the localities are,nevertheless,within their rights to require the sponsors of Densified 4G/5G facilities to provide evidence that the FCC has conducted a NEPA review prior to approving any request for construction. "Moreover,in as much as the Court's decision vacated the FCC's rule,the decision applies nationwide: its effect is not limited to the District of Columbia." Per this man, after the U.S.Supreme Court,the D.C. Circuit is generally considered the most prestigious of American courts. Its jurisdiction contains the U.S. Congress and many of the U.S. government agencies,and therefore is the main appellate court for many issues of American administrative and constitutional law. Its Rulings apply to the entire United States, as admitted at 3:34:55 in the public record video by Verizon Wireless Outside Counsel Paul Albritton at the San Francisco Board of Appeals on November 20,2019: "My colleague,Melanie Sangupta, reminded me that NEPA does apply nationwide." Some municipalities classify some applications as"ministerial" or"administrative';however, sWTFs are not and cannot be so classified, as increases in antenna numbers, and their power output and frequencies,constitute significant,not minor,changes. FCC's overreach extends to its radiation exposure"guideline",which is currently under litigation in the D.C. Circuit Court of Appeals. The guideline's history involves 1980s and earlier experimentation,some of such study at once unscrupulous and irrelevant to infrastructural radiation effects on humans. A set of—120 pre-1990s biological studies,all of which concluded harm,were claimed falsely by the guideline-setting ANSI-IEEE Committee [American National Standards Institute (ANSI)with the Institute for Electronic and Electrical Engineers (IEEE)] to establish,in 1991, a Hazard Threshold upon which the FCC guideline was based. Unfortunately,some studies chosen to establish this Threshold beneath which no harm could purportedly occur actually did show harm at lower intensities,positively disproving the Threshold. The ANSI-IEEE Committee's Chair,John Osepchuk PhD,has claimed his Committee had"reviewed over 20,000 studies", out of which-120 were chosen to establish the Hazard Threshold. However, some of these studies showed harm even at<10% of the Hazard Threshold,indicating scientific fraud. FCC has not allowed any study published since 1990 to influence its guideline,which in any case pertains only to ambient power [flux] density,not to the many more potent biological factors,e.g., duration,modulation characteristics,wavelength in proximity to body dimensions,and the complexity of many simultaneous, overlapping signals. Nor does it consider or acknowledge, despite EPA's warning to the contrary, vulnerable subgroups in the population. Nevertheless,the guideline was rubber-stamped in 1996. In the-30 years since the setting of the"guideline",many new peer-reviewed, journal-published studies have concluded harm at much lower intensities,particularly where exposure occurs over a long period of time. With many more WTFs now operating in residential and sensitive areas such as schools,hospitals and nursing homes,vulnerable populations are being exposed to ever-increasing radiation intensities,without cease,24-7-365. Since ongoing exposure has cumulative effects,people are incurring more serious harm, even if they are unable consciously to attribute observed impairments,illnesses and early deaths to WTFs' highly xenobiotic,pulse-modulated radiofrequency/ microwave ("RF/MW") radiation exposures. Note, also,the FCC guideline is based upon the averaging, over time, of digital signals containing spikes. Averaging suppresses actual intensities-the radiation peaks that are most bioactive. The central nervous system reacts in the moment to sudden high-intensity spikes. Pulse-modulation is a more harmful form of amplitude modulation,in which the signal is off much of the time but with peaks that last only for tiny fractions-thousandths-of a second, with as many as thousands of spikes per second. Although a person cannot be conscious of each spike of radiation,the brain and all cells in the body do respond in the moment,without limitation,by means of altered efflux kinetics. Modulated wave is more harmful than a continuous,or analog,wave. The complex interactions of the many simultaneous, overlaid signals present, or potentially present,in Meridian,particularly those in the millimeter ("mm") microwave lengths,can combine via a process known as "heterodyning" to approach or achieve resonance with the oxygen(02) molecule,which has a strong resonant frequency at 60 GHz-a wavelength of 5mm. Since 60 GHz is unregulated and FCC allows anyone to place a tiny antenna upon a rooftop without official knowledge,chronic exposure to its presence is,or will soon be,all-too common to incur. Additionally,the first harmonic of a 30 GHz signal,the second harmonic of a 20 GHz signal, and the third harmonic of a 15 GHz signal, are 60 GHz: these are but four means by which chronic exposure to 60 GHz could occur in a "5G" world-even without a 60 GHz signal in operation. An infinite number of combinations of fundamental wavelengths and harmonics can produce 60 GHz-a yet larger infinity when considering heterodyning, as well. When 02 molecules absorb the energy from 60 GHz radiation, the charge state of the oxygen is changed,which in turn alters its normal chemical reactivity. When signals in,for example,the 3-5 GHz range,which can penetrate roughly 1.5 cm to 9 cm into the body through the skin (with deeper penetration yet into the eyes and ears,with little or no impedance),combine to achieve this 60 GHz resonance,such signals are well within the range of blood vessels found in humans and animals. Even where perfect 60 GHz is not quite achieved,nearby frequencies of 57-63 GHz still affect the 02 molecule somewhat.Alteration of the charge states of oxygen located in human or animal blood may inhibit the binding of hemoglobin with oxygen,resulting in hypoxia-a low blood-oxygen level. This constitutes the basic biophysics of 02 resonance. Many other bioeffects are established in the extremely large body of scientific literature. Kindly remember that the federal Telecommunications Act of 1996 ("TCA"),at 47 U.S. Code §332 (c)(7)(13)(4),recognizes the actual environmental effects of RF/MW radiation from WTFs, indicating by extension its recognition of actual health effects therefrom. Despite the existence of a few wrong"precedents" constituting encroachment of the Third Branch upon the Second, this Act unambiguously left the regulation of the health effects of WTFs' RF/MW radiation entirely within state and local officials' authorities,obligating said officials to protect their residents against health effects with regard to all related activities of WTFs: placement, construction,modification and operations. In plain reading of 47 U.S. Code §332 (c)(7)(B)(4): "No State or local government or instrumentality thereof may regulate the placement,construction,and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." As you can clearly read here, all operations of all WTFs remain,and have always been,under the regulatory authorities of state and local officials. "Operations",which pertain to the RF/ MW radiation transmissions of WTFs, and the transformation of electrical energy into such, were attempted to have been preempted by the authors of the original draft of TCA. However, Congress removed"operations" from the preemption clause codified at 47 U.S. Code§332 (c)(7)(B)(4),positively leaving the regulation of operations within state and local authorities' hands,for any and all reasons and grounds: health effects,environmental effects, agricultural effects, energy conservation, atmospheric effects,weather forecasting effects, astronomy effects, aesthetic effects,historic preservation,property values, aviation safety,local and state economies, and more. "Operations" authorities allow public officials,without limitation,to require and place fuses, filters,and fiber-optic sharing boxes on public utility poles with WTFs. Simple fuses can ensure that the effective radiated power (wattage) does not exceed municipality limits,else fees can be charged. Filters reduce or eliminate from the wiring the transients or"dirty electricity" induced by WTFs in municipality electrical lines. And fiber-optic sharing boxes allow the public to make direct use of that optimal service rather than having it transformed into the poor engineering of wireless transmission. These provisions all need to be added to the Ordinance. Throughout and beyond TCA, Congress confirmed local authorities over the placement, construction,modification and operations of WTFs. The FCC further allows local residents to file "controversies"when residents are at odds with their local officials regarding these activities. Claims that residents are blocked from addressing their local officials directly on these matters,i.e.,claims removing or further preempting local authorities, are not in accordance with federal law. This said,we are always grateful for your responsiveness to us. Legislative cannot be ignored, as they supersede specific laws and rules thereunder. The primary purpose of the U.S. Congress's TCA"mobile services' is to"to promote the safety of life and property". Congress set up FCC,for, among other purposes,"promoting safety of life and property". Therefore,where a local government sees actual and potential consequences of WTFs contrary to the said purposes,it is authorized to ensure that Congressional intent is rather fulfilled. TCA intent is further evidenced in its Conference Report,pp. 207-209: "The conferees also intend that the phrase'unreasonably discriminate among providers of functionally equivalent services'will provide localities with the flexibility to treat facilities that create different visual,aesthetic,or safety concerns differently to the extent permitted under generally applicable zoning requirements even if those facilities provide functionally equivalent services.For example,the conferees do not intend that if a State or local government grants a permit in a commercial district,it must also grant a permit for a competitor's 50-foot tower in a residential district." The U.S. Congress never intended 50-foot towers in residential areas,nor macro-tower antennas just 6 feet off the ground. Such WTFs are clearly ultra vires: outside the law and beyond the intent of the underlying law, against which all FCC rules must be measured. The U.S. Supreme Court has, of course,taken notice of FCC overreach. According to Attorney John Bergmayer,Legal Director at Public Knowledge, as of August 1,2019: "The FCC's effort to dramatically expand its power at the expense of traditional state and local government prerogatives contradicts numerous federal and state courts that have read the statute and found it contains no such broad preemption authority. It also contradicts several decisions decided by the Supreme Court last term,notably Virginia Uranium,Inc.v.Warren(federal jurisdiction does not extend beyond bounds of comprehensive federal statute to intrude on related state authority)and Kisor v.Wilkie(statutory interpretation that fails to identify genuine ambiguity deserves no deference)". The preemption clause's circumscribed language is unambiguous. Claims that"environment" means what is not environment, and that operations are preempted though not preempted, are irrational, deserving no more deference than a king without clothes. Laughter might be due, were the consequences of official error not severe. Public officials might question whether the wireless industry attorneys' demands that they dutifully parrot"Our hands are tied [by federal law]" constitute anything other than false and dangerous cultish indoctrination. The 24-year repetition of this rumor fails to substantiate it. Along with this false doctrine,industry attorneys' urgings that public officials suppress constituents' speech should be recognized as the very fronting of officials on behalf of a mob-like criminal enterprise to coerce by fraud in the inducement the placement,construction, modification and operations of WTFs that,without said prima facie First Amendment violation, would never have otherwise occurred. Certainly,the U.S. Congress cannot override or preempt the very Constitution that establishes its own existence,nor can it take from the Constitutions establishing the States, these further protected by the former's Tenth Amendment and the People's Ninth. Nor can Congress take building codes or oaths of office. Meridian Residents encourage your rejection of any such absurdity,incoherence,and irrationality; our officials' standing cannot be made questionable by any industry's deceptive games. Thus,in addition to the moratorium,with its aforelisted cessations,we finally call for the elimination of any remaining false pronouncements in repetition of industry misrepresentations,i.e., denying the actual,legal rights of constituents under our yet-extant, neither preempted nor preemptible Idaho State Constitutional, our building codes and your oaths of office. We trust you shall rather realize constituents' full and primary rights to health, safety,property value,and a clean and energy-efficient environment;as well as our freedom from assault, warrantless surveillance,privacy invasion and data-seizure in our homes and communities, and shall thereby provide us the quiet enjoyment of our streets and homes. Thank you for your very kind-and long-attention. Kindly inform us of your position on the hopefully soon to be enacted moratorium and the activities to be ceased. We ask you to reply by 5pm, on Monday,June 15,2020. Signed,this 10th day of June 2020, Respectfully, Rick Wal!'I, Idahoans for Safe Technology