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2020-06-09 Regular
V E IIN- CITY COUNCIL REGULAR MEETING MINUTES City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, June 9, 2020 at 6:00 PM Virtual Meeting Information Online: https:Hus02web.zoom.us/j/85245866444 By phone: 1-346-248-7799 Webinar ID: 852 4586 6444 Item 1: Roll-Call Attendance X Liz Strader 6:50 Joe Borton X Brad Hoaglun _X Treg Bernt X Jessica Perreault X Luke Cavener X Mayor Robert E.Simison Item 2: Pledge of Allegiance Item 3: Community Invocation with David Snyder of Twenty Six Eight Church Item 4: Adoption of Agenda — Adopted, Later Amended During Meeting Item 5: Future Meeting Topics — Public Forum Item 6: Action Items A. Reconsideration Request for 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. — Item moved to 8-A B. Public Hearing for Cedarbrook Subdivision (H-2020-0012) by Toll Southwest, LLC, Located at 4185 S. Linder Rd. — Continued to July 7, 2020 1. Request: Annexation of a total of 118.58 acres of land with R-2 (9.48 acres), R-4 (65.45 acres) and R-8 (43.66 acres) zoning districts; and, 2. Request: A Preliminary plat consisting of 330 buildable lots, 38 common lots and 4 other lots on 118.58 acres of land in the proposed R-2, R-4 and R-8 zoning districts. C. Public Hearing Continued from May 26, 2020 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. - Approved 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. D. Public Hearing for Victory Commons (H-2019-0150) by BVA Development, LLC, Located at 130 E. Victory Rd. and 3030 S. Meridian Rd. - Approved 1. Request: Preliminary Plat consisting of 12 building lots on 16.74 acres of land in the C-G zoning district. E. Combined Public Hearing for Ordinance 20-1881: Deannexation (Plan Amendment) - First Amendment to the Meridian Revitalization Plan and Ordinance 20-1882: Union District Plan Item 7: Ordinances [Action Item] A. Third Reading of Ordinance 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 - Approved B. Third 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 - Approved C. Ordinance No. 20-1884: An Ordinance (H-2019-0135 — Allmon Subdivision) for Annexation of a Portion of the Southeast Quarter of the Northeast Quarter of Section 30, Township 4 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 10.03 Acres of Land From RUT to R-8 (Medium Density Residential) 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 8: Action Items A. [ITEM MOVED FROM 6-A] Reconsideration Request for 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. — Approved, Applicant Directed to Pay Re-noticing Fees and work with Staff to Schedule a New Hearing Date Item 9: Future Meeting Topics Meeting Adjourned at 8:42 pm Meridian City Council June 9, 2020. A Meeting of the Meridian City Council was called to order at 6:01 p.m., Tuesday, June 9, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Adrienne Weatherly, Bill Nary, Bill Parsons, Joe Dodson and Joe Bongiorno. Item 1: Roll-call Attendance: Liz Strader _X_ Joe Borton (6:51 p.m.) _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Okay. Well, with that we will call this meeting to order. For the record it is Tuesday, June 9th. It's 6:01 p.m. We will begin this meeting tonight with roll call attendance. Item 2: Pledge of Allegiance Simison: Item No. 2 is the Pledge of Allegiance. If you will, please, rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation with David Snyder of Twenty Six Eight Church Simison: We will move on to Item No. 3, our community invocation. It will be delivered by David Snyder-- Pastor David Snyder of Twenty Six Eight Church. If you will all join us in the invocation or take this as a moment of reflection. Pastor Snyder, thank you for joining us. Snyder: Thank you for letting me be here tonight. Appreciate being able to pray for the city. Let's pray together, everybody. Father, we bless you tonight and we think that living in this city is amazing because you love us, because you have protected us and given us great provision and I pray, Lord, tonight that the City Council, Lord, would be granted wisdom in all that they have to do. We pray not only for wisdom, but for the provision that they need to accomplish the task before them. Father, I pray for Mayor Robert, just bless you, Lord, for his leadership and the way that he has positioned Meridian for blessing and growth. I pray, Lord, for business leaders and ask, Lord, that you would give them the favor that they need to continue to help the City of Meridian grow and, Father, most of all in these tumultuous times we are praying that what we are doing in Meridian would be a Meridian City Council Meeting Agenda June 16,2020— Page 26 of 223 Meridian City Council June 9,2020 Page 2 of 50 light to other cities and communities, that they would be able to look here and say what's going on there and we would be able to be a voice, Lord, of hope and of peace for other places. Lord, would you bless this city in every way, in the name of your son Jesus whom we love, amen. Simison: Thank you much, Pastor Snyder. Appreciate your time this evening. Snyder: Thank you. Bernt: Pastor David, love you, buddy. Snyder: Love you, too, man. Have a great day. Bernt: Yep. Item 4: Adoption of Agenda Simison: We will move on to Item No. 4, Adoption of the Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: There will be the continuance with Item 6-B. When we get there we will announce that. Other than that, I don't believe we have any changes, so I move that we adopt the agenda as presented. Hoaglun: Mr. Mayor, second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Future Meeting Topics — Public Forum Simison: Item No. 5, Future Meeting Topics. Did we have anyone signed up this evening? Weatherly: Mr. Mayor, we did have people signed in, but only for a current land use item that is not open for public hearing. Item 6: Action Items A. Reconsideration Request for Findings of Fact, Conclusions of Law for Delano Subdivision (H-2019-0027) by Boll Cook Meridian City Council Meeting Agenda June 16,2020— Page 27 of 223 Meridian City Council June 9,2020 Page 3 of 50 Investments, LLC, Located at 14120 W. Jasmine Ln. and 2800 E. Jasmine Ln. Simison: Okay. Then we will move on to our Action Items and go to Item 6-A, which is a reconsider request for Findings of Fact, Conclusions of Law for Delano Subdivision, H- 2019-0027, and I will turn this over to Mr. Nary. Nary: Thank you, Mr. Mayor, Members of the Council. You have before you a request for reconsideration. Under our city ordinance these have to be filed within 14 days of a final decision. This was filed timely for that. Basically, Mr. Clark has requested you to reconsider the decision that you have made on the Delano project that was concluded a few weeks ago. The findings have been approved by the City Council. It's within your purview to either grant or deny his request based on the letter that's in front of you. There is no public testimony at this stage of the proceedings. If the decision is made to deny his request that would be it. We would issue an order based upon that -- based upon that decision and Mr. Clark can take that where ever the law would allow him to go. If the decision is made to reconsider that request, you would, then, set this for a new public hearing at a future date. The applicant would need to pay the cost of noticing this project and you have a new public hearing, basically a reset back to the last public hearing you had on this project based upon the reasons Mr. Clark has raised in his letter as his basis for making this request. So, again, no public testimony. There is written material in your packets, both from Mr. Clark, as well as some of the neighbors in regards to this. The sole real point in here was Mr. Clark had raised that the Council had not specifically raised their--what their specific objections were during the course of the hearing and, therefore, he did not have the opportunity to address those when the hearing was still open, so that those concerns that were raised were not able to be addressed by the applicant or even by the opponents or the neighbors. So, that's it before you. Again, there is no testimony of Mr. Clark or the neighbors in this case. It really is a decision within your purview. Simison: Thank you, Mr. Nary. Council, any questions for Mr. Nary? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Mr. Nary, can you -- I know you can't speak on behalf of the applicant, but I just wanted clarification. It's my understanding that they have a potential solution to the concerns that were presented by -- by Council Members during that hearing. Is -- is that -- is that what their -- their -- their request is involving? I'm not -- I'm not necessarily -- maybe I misunderstood what you were saying that, I'm not necessarily in agreement that Council was unclear about their concerns. I think that Council was very clear. I'm just wanting to understand if the intention having the reconsideration is because they have some solutions that they would like to present or how it would be different from the first hearing. Meridian City Council Meeting Agenda June 16,2020— Page 28 of 223 Meridian City Council June 9,2020 Page 4 of 50 Nary: So, that's a great question, Council Member Perreault. I mean that -- the basis of the request is -- is as I stated that what's stated in Mr. Clark's letter was he wasn't able to address the Council's concerns because those were not clarified prior to closing the public hearing. He, therefore, goes on -- and, really, the rest of the information is not really relevant to the decision point. It is his desire to rehear this and he has raised some of the issues in this letter that they may be able to address, but, really, the decision point for the Council is whether to grant that opportunity for a second -- a new hearing and that's within your purview on whether or not, again, those opportunities to be heard were not presented or you believe they were. They had the opportunity to present those. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: A follow up for Mr. Nary that, apologies, I would like to get clear on is whether today our decision has -- the scope of what we are deciding has to be limited to whether or not they had that opportunity or if it is a broader scope of decision that we do think there is an additional solution that's interesting and, therefore, we want to rehear it and we can grant that opportunity, as opposed to just agreeing with him that the basis of our decision was not correct. Nary: Well, that's -- that's a great question, Council Member Strader, and it's a little bit different question. So, under our code the reconsideration can only consider whether or not the decision needs to be reconsidered and, again, I think the broadest interpretation of that would be that under Mr. Clark's request that there was an adequate opportunity to present all of the information necessary for the Council to make a good decision in this case. If the Council wishes to reconsider their decision entirely, then, under the rules that we have used previously the Council could reconsider their decision. It's a little more complicated from a procedural standpoint, because now we are not talking about our reconsideration ordinance, we are talking about a reconsideration of the decision entirely and so if you would like me to go through what that would take I could do that, if that's the direction you want to consider. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Sorry, Bill, I didn't quite follow that. So -- so, we would not be -- we would be -- we -- we are reconsidering whether to have a public hearing. That's -- that's the scope and if Council, through that public hearing, were to change or return its original vote, then, that is -- that's what you are referring to; right? Nary: No. Not exactly. And I'm sorry it's -- it's a little confusing. Again, we are trying to -- trying to stay within the confines of our ordinance. So, the reconsideration is as I have already stated. What Council Member Strader is asking is can the Council reconsider the decision entirely, not based on the reason that Mr. Clark's raise, but you have simply Meridian City Council Meeting Agenda June 16,2020— Page 29 of 223 Meridian City Council June 9,2020 Page 5 of 50 changed your mind, for lack of a better way to state it. If that's an avenue you want me to explain how to do that process I can if you would like to. I just don't want to make it more confusing. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. You know, I -- I'm -- I'm in favor of reconsideration, just based on the fact we had a very lengthy discussion about North Centrepoint Way and it was a good discussion, there was disagreement, but I think that was central to the fact of when that was going to be developed, but my recollection is that -- that did occur after we closed the public hearing and that did not afford the applicant the opportunity to possibly offer a solution to that to help with the traffic and -- and not create traffic through the -- through the subdivision, through other folks areas of subdivisions and houses. So, you know, to me that -- that was what it was, we just disagreed on that one point and that was a matter of if we had a potential solution that he could have offered, it doesn't mean that it will be, you know, redone in terms of the final decision, but that does give us an opportunity to explore it further to determine is that's a workable solution. So, that's -- that's where I'm coming from. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: A question I think maybe for -- for Mr. Nary. In terms of process, should this be something Council wants to entertain, are there any limitations to motions being made from Council Members who voted in the affirmative or the negative on the original motion to deny? Nary: Council Member Cavener, you are reading my mind. So, on the reconsideration request, no. If the Council wants to proceed, anybody can make the motion to either affirm or deny the prior decision, and it can be seconded by anybody. Again, I -- I don't want to go down the path of alternative options until you want to get there, because I don't want to make it confusing. So, for this portion of the decision anyone can make the motion. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: One -- one point that I want to bring up is, obviously, when we first heard this application we voted, we were all in attendance, it was close as we all know. This evening Mr. Borton is not available, he is working, and I would very much like to have everyone in attendance when we vote on this. I know we have 60 days to accomplish this. We have plenty of time. This is not -- this does not need to happen this evening. There is not a Meridian City Council Meeting Agenda June 16,2020— Page 30 of 223 Meridian City Council June 9,2020 Page 6 of 50 time crunch. We have plenty of time to re -- review this. I would just -- my recommendation would be to continue this until we had a full Council, including Mr. Borton. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: It's an interesting point that Council Member Bernt raises. Perhaps maybe if Council is at least amenable, maybe we move this to the end of our agenda in case Council Member Borton is able to join us -- Bernt: Good point. Cavener: -- later and, then, maybe perhaps have that conversation about what future steps make the most sense. Bernt: I'm okay with that, Mr. Mayor. Cavener: Councilman Bernt. Bernt: I'm -- I'm okay with that -- that request from Council Member Cavener. I don't -- haven't reached out to Mr. Borton, so I don't know what his schedule looks like, but I'm definitely open to moving this until later on. No problem. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: With that I guess I would move that we -- I guess, Mr. Nary, help me if I screw this up -- move item -- or continue Item 6-A later this evening following Item 7-C. Nary: Yes. Bernt: Second. Simison: I have a motion and a second to continue Item 6-A to become Item -- is it 7-D in that case under ordinances or is a new number eight orjust leave the number as is and just take it up later? Bernt: Mr. Mayor? Simison: Just asking Mr. Nary for -- Nary: Mr. Mayor, as long as it's still -- you are moving it as an action item it's fine to me if it's a new A-8 or an eight becomes a new nine. As long as it's clear it is an action item Meridian City Council Meeting Agenda June 16,2020— Page 31 of 223 Meridian City Council June 9,2020 Page 7 of 50 and since that's what it has been labeled to begin with, it would remain that. So, that's all that really matters from an agenda standpoint. Simison: Okay. So, we would move this to Action Item No. 8 on the agenda. Nary: Yes. And I have reached out to Council Member Borton to see if he might be available, so -- Bernt: I think -- Mr. Mayor, I think everyone has. I think his phone is blowing up as we speak. Simison: Well, I have not, but there we go. So, there is one. So, is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. Okay. We will take that up later in our meeting. MOTION CARRIED: SIX AYES. ONE ABSENT. B. Public Hearing for Cedarbrook Subdivision (H-2020-0012) by Toll Southwest, LLC, Located at 4185 S. Linder Rd. 1. Request: Annexation of a total of 118.58 acres of land with R -2 (9.48 acres), R-4 ( 65.45 acres) and R-8 ( 43.66 acres) zoning districts; and, 2. Request: A Preliminary plat consisting of 330 buildable lots, 38 common lots and 4 other lots on 118.58 acres of land in the proposed R-2, R-4 and R-8 zoning districts. Simison: So, Item No. 6-B is a public hearing for Cedarbrook Subdivision, H-2020-0012. We do have a request by the applicant to continue this until July 7th, 2020. Mr. Nary, do we need to open up the public hearing? Nary: Yes, we do. Simison: Okay. So, I would like to open this public hearing at this time and I guess we don't have to take staff comments, but I would ask for any questions Council has at this point in time in regard to this request for continuance. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Well, the question would be maybe for the -- the city clerk. The applicant's requesting July 7th. Just curious what our agenda looks like for that particular meeting. Meridian City Council Meeting Agenda June 16,2020— Page 32 of 223 Meridian City Council June 9,2020 Page 8 of 50 Johnson: Mr. Mayor? Mr. Mayor, Mr. Cavener, I'm looking right now July 7th Apologize. It will take one second. But you have a limited agenda that evening with two public hearings currently. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Follow up for Chris. Chris, how are we looking the week after? Johnson: Mr. Mayor, Councilman Cavener, I'm going there right now. Perreault: Mr. Mayor? Simison: One second, Council Woman. Johnson: Mr. Mayor, Councilman Cavener, there are also two public hearings that night. Of the two weeks they both look to be about even with the amount of testimony and public involvement you may be expecting, so I believe either night would look good at this point. Simison: Council Woman Perreault. Perreault: Just had a quick question. Wondering if we -- sometimes the applicant will speak when we -- when we do the continuations. Wondering if we have any knowledge of why the 7th was -- is the 7th significant for them or is it just when that was the next available opportunity? Simison: I think I will ask Mr. Parsons if you would like to speak to that. Parson: Certainly, Mr. Mayor. I'm not privy to a specific hearing date requested by the applicant. I think they just wanted to give staff enough time to react to the ACHD's commission on this application. We anticipate some minor changes to the plat and so I want to give staff adequate time to amend their staff report based on the Commission's agenda. That gives us about two weeks. So, we feel comfortable with that 7th date, but certainly there is no heartburn from staff if it's the 7th or the 16th. We can manage it either way. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Just for Council's benefit, the reason why I think why I'm inquiring is I know that we are going to start navigating back into holding Council meetings in Council Chambers in some degree, inviting the public in. I just want to make sure that we are being mindful of how many people we are putting in Council Chambers and just making sure that we are -- we are not making our citizens feel like that they are -- they are, you know, putting Meridian City Council Meeting Agenda June 16,2020— Page 33 of 223 Meridian City Council June 9,2020 Page 9 of 50 anything in jeopardy to come and testify in favor or against. I know, obviously, we will have the opportunity to continue to use the Zoom platform. I just -- something I want us to be mindful of as we are scheduling continuances. Simison: Council, any further questions or do you feel you need to hear from anybody else before you make a motion on this topic? Or if you don't want to make a motion we can have staff go right into this presentation. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Hearing that staff has an adequate time to review the information that will be coming from ACHD, I would move that we grant the continuance to July 7th for Cedarbrook Subdivision, H-2020-0012. Strader: Second. Simison: I have a motion and a second to continue this item to July 7th. 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 will add that to the July 7th. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing Continued from May 26, 2020 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 2. Request: A Preliminary Plat consisting of 42 building lots and 9 common lots. Simison: So, that moves us to Item 6-C, a public hearing continued from May 26th, 2020, for McKay Farm Subdivision, H-2020-0030. I will turn this over to -- I'm sorry, I didn't -- haven't pulled up my cheat sheet for this evening. Is this going to be Mr. Parsons? Are you the one speaking on the item? Or is it Joe? Dodson: Thank you, Mr. Mayor. Can everybody hear me all right? Simison: Yes. Dodson: Appreciate that. All right. So, as Mr. Mayor, states -- stated, Council heard this item a couple of weeks ago and so I don't want to rehash everything, but I will go into the Meridian City Council Meeting Agenda June 16,2020— Page 34 of 223 Meridian City Council June 9,2020 Page 10 of 50 main points. Just to reiterate, this is a request for annexation and zoning of ten and a half acres with an R-8 zoning district preliminary plat that consisted of 42 building lots and nine common and they are proposing one building phase. Of the nine common lots four of them are common driveways. One of the main points discussed in the previous hearing was a proposed amenity and what that might look like. The applicant and I have discussed this proposed amenity and Mr. Johnson, the applicant, provided staff with this rendition and it is a larger picnic shelter, roughly 16 by 32, 34, which is larger than what I think you should get on a picnic shelter, which is good. If Council does approve of this conceptual design and size, staff recommends that Council add an additional condition requiring that the applicant build something significantly similar to this submitted elevation that is not written specifically in the staff report. In addition, one of the major concerns in the previous Council meeting was the need for a parking plan. The applicant has provided staff with that parking plan as shown here that shows all of their required parking dictated in yellow and the garage parking orange on the driveway and the available street parking in coral color. All of the on-street parking is in addition to the required --to make a specific notice that. I understand the concern with the common driveways. My belief is that the available on-street parking around the center area should provide some adequate extra parking. In addition, if you notice the common drives do tend to stop right at the property line, so the guests of the lots in the very end of the common drives -- so, their driveways are larger than typical driveways. Bernt: Mr. Mayor? Mr. Mayor, I don't mean to interrupt, Joe. But two points. It's really hard to hear Joe and -- but most importantly Dean is not able to hear Joe at the moment and so is there a way in which we can have Joe do something with his audio to make it so that he's more -- so we can hear him better. Simison: Joe -- Dodson: I apologize. Simison: Whatever you -- if you can speak closer to the mic or louder. Dodson: Sure. Absolutely. I don't want to yell. I don't want to put the coach voice in. Bernt: It's okay to put the coach voice on, buddy. Dodson: All right. How much of that did you miss, Council Member Bernt? Bernt: Well, I heard it. There is some others that didn't. So, we just need to confirm that Dean if Dean can -- if Dean can hear this okay, Dean, can you raise your hand. Boom. Dodson: Awesome. Okay. Thank you. So, to reiterate, this is the proposed parking plan. The yellow is the garage parking. Orange is the driveway and the on-street parking is dictated in that coral color. Also I wanted to note that the lots located at the end of the common drives do tend to have larger driveways that could be used for additional parking. The applicant did not show that specifically as additional parking, but that would be Meridian City Council Meeting Agenda June 16,2020— Page 35 of 223 Meridian City Council June 9,2020 Page 11 of 50 available there. Again, the street sections are proposes as 33 feet wide, which do allow on-street parking on both sides of the street and also again parking plans are not a requirement in the code, but, obviously, greatly appreciated by Council and so that's why the applicant did want to provide this and appreciate the opportunity to provide that. Another issue that did come up is the access to this and, again, in order to develop more than 30 homes the applicant did propose that emergency access to Eagle, but the only available access is going to be through the adjacent Sky Mesa Subdivision to the west. I believe those were the main points of discussion. If I -- if there are any questions from Council I'm happy to answer them. Simison: Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Joe, I would imagine that on that emergency access off of Eagle Road that they will have signs, but is it possible that the -- that cars may try to access that to get to their property more quickly? Dodson: Council Woman Perreault, Council, I surely hope not, but it will be bollards. There will -- there will be bollards up there, as is normal with the common drives. Mr. Bongiorno -- sorry -- sorry, Joe. I forgot your name there for a second. He has approved of this emergency exodus and as a standard requirement there will be those removable bollards there. Perreault: Thank you. Dodson: You're welcome. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Joe, you may have touched on this, but I -- I missed it. I recall when this was last before us I had brought up some concerns about the -- the sidewalks around Eagle Road and connectivity. Can you address that or did the applicant provide any updates around that? Dodson: Councilman Cavener, yes, that is something that came up from the Council. It has not been specifically addressed since then between the applicant and 1, but as I did state a couple of weeks ago, the landscape buffer is adequate for the sidewalk to be built within that and not necessarily at the edge of right of way on Eagle. Again, I -- I did not place that specific condition in the staff report, so if that's something that Council would like, I do recommend adding it as a condition, that it be built, you know, before certificate of occupancy or however you would like to word that and -- Meridian City Council Meeting Agenda June 16,2020— Page 36 of 223 Meridian City Council June 9,2020 Page 12 of 50 Cavener: Okay. Dodson: -- and it be built within the landscape buffer. Cavener: Great. Thanks, Joe. Dodson: You're welcome. Simison: Any other questions at this time from Council for staff? Okay. Well, then, I will recognize the applicant Mr. Johnson. I got to get out my handy dandy timer to recognize you for ten minutes, if you are so inclined, but I will turn this over to you. If you could state your name and address for the record. Or 15 minutes. Sorry. Fifteen minutes. S.Johnson: All right. Thank you, Mayor, and -- my name is Sam Johnson. Address is 2701 East Pine in Meridian, Idaho. 83642. And I certainly do not plan to take 15 minutes, but I appreciate you having me back here tonight and Joe's done a great job of presenting the -- the two exhibits that we have provided to hopefully address your concerns that we had a couple of weeks ago here with the parking plan and the on-street parking shown in that coral color. There is -- there is quite a bit of parking available on this site. I know that common driveway parking or lots that -- that have access on a -- on a common drive, which there will not be any parking allowed on the common drive, but where do those visitors park? You know, there are three common driveways that are very close to that central park and with the allowed parking all the way around it on street that I believe is -- is quite adequate for -- for any visitors coming to those homes. And, then, the other lot -- the other common driveway in that bottom left corner, there is a common lot on the side of the -- it's Lot 45 just the -- you know, down the street -- across the street and down a little bit there is quite a bit of on-street parking that will not be interfering with any driveways or any other access. So, I feel like there is a lot of parking availability here. So, hopefully, this addresses your concerns. And, then, Joe, if you could go back to the -- the shade structure exhibit, that -- that drawing or that rendering is what we have had planned to do on this site. This is the old homestead of the McKay family that owned this property for a long time and farmed the property for a long time and this is the -- the -- their old dairy site and home and so we want to do a little bit of a farm feel to this shade structure and make it fairly sizable to, you know, allow, you know, 25 people or so. So, this is very close to what we want to do. We may have to do some kind of enclosures to help with bird nesting and such, but this is the basic idea. So, if this is agreeable, happy to make this part of the conditions that we -- that we substantially conform or -- or build something to this standard. Other than that, I guess I will stand for questions. Simison: Thank you, Sam. Council, any questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Meeting Agenda June 16,2020— Page 37 of 223 Meridian City Council June 9,2020 Page 13 of 50 Hoaglun: Yeah. Mr. Johnson, we went through this before and I just want to reconfirm, because I recall your answer on the landscaping that would be along Eagle Road up against the back fence there to the -- to the houses. You were amenable to having that done sooner as opposed to later. I just couldn't remember was that phase one or what part of the construction process would that go in? S.Johnson: Mr. Mayor, Commissioner Hoaglun -- or Councilman Hoaglun, we -- we will want to -- it's all done in one phase. The -- the entire project is -- is one phase and we want to landscape that berm -- that buffer along Eagle with our initial construction and with, you know, part of our condition to -- to do so and build that out. Since the -- since the -- we still have to work out detail with ACHD as far as the timing of their widening, it's planned to be in 2023, but we certainly want to landscape as much as possible of that -- that buffer along Eagle Road. Hoaglun: Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Mr. Johnson, I, unfortunately, did not get a chance to watch the Planning and Zoning meeting video, but I wanted to follow up on one of their concerns regarding the residents of this community potentially using the Sky Mesa amenities and just curious -- I live in a neighborhood where we had that same challenge and our HOA had spent a lot of money -- costs that have been incurred to us because of the neighboring community that's tied together through the street and there is a misunderstanding by those residents that they belong to the same association, because the streets are all connected. So, just curious if you have had a chance to chat with the Sky Mesa representatives or maybe if there might be some signs that are put up. What are your thoughts on that? S.Johnson: Yes, Mr. Mayor and Council Woman Perreault, we had several -- I had reached out several times to the developers of Sky Mesa. We were not able to come to an agreement trying to -- my proposal to them was to be part of their HOA and to help -- and, then, I would pay for some of the infrastructure of those amenities my pro rata share and -- and become part of the neighborhood, since they are wrapping around three sides of this -- of this property. But we were not able to come to any kind of -- really any kind of discussion or agreement. And, yeah, I understand the concern. I know that their -- their community pools are planned to be either badge accessed or a code from those the actual neighbors that pay for those amenities, but we couldn't come to an agreement, so we certainly can put up some kind of signage that -- and notify the homeowners when they are buying the property -- or buying a house in this project that they do not have access. You know, I -- I -- I live backing up to another subdivision's park. I enjoy it. I use it and -- and I pay for my park, but I don't pay for that park, but I use it. So, it's hard to police that. But it's certainly something that we can put an effort toward. Perreault: Thank you. Meridian City Council Meeting Agenda June 16,2020— Page 38 of 223 Meridian City Council June 9,2020 Page 14 of 50 Simison: Council, any other questions? Hoaglun: Mr. Mayor, I did have one other. I just wanted to confirm, if I might -- Simison: Councilman Hoaglun. Hoaglun: -- with the applicant that I believe he also had agreed that the lots -- was it 32, 40 and 50 were going to be single story in the development; is that correct? S.Johnson: Councilman Hoaglun, yes, that is correct. Lots 32, 40 and 50 of Block 1, single story only. Hoaglun: Thank you, Mr. Johnson. Thank you, Mr. Mayor. Simison: Council, any further questions? Okay. Thank you, Mr. Johnson. This is a public hearing. Did we have anyone sign up to testify on this item? Weatherly: Mr. Mayor, we did not. Simison: Okay. Well, we do have quite a few people on today's call. So, if this is an item that you would like to testify on, if you can raise your hand and we can bring you in to testify on this item or if you are on the phone -- I do see we have at least one person on the phone. You can press star nine to indicate your desire or wish to testify. My cursory walkthrough does not show anybody who has raised their hand. If the clerk can confirm that. Weatherly: Mr. Mayor, from my perspective that is correct. Simison: Okay. Well, then, Mr. Johnson it is yours to close. If you were -- would like to. Otherwise, I will just turn this over to Council. S.Johnson: Thank you for your time. I will turn it over to you. Simison: Okay. Thank you. So, Council, any questions or further action as it relates to closing the public hearing? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Just wanted to thank the -- the applicant for more details. It helped out quite a bit. I still have a concern about the common driveways in this subdivision. I noticed that that wasn't changed at all. So, I don't know if the applicant wants to respond to that or if-- but I just wanted to make that clear before we closed the public hearing and -- and went from there. Meridian City Council Meeting Agenda June 16,2020— Page 39 of 223 Meridian City Council June 9,2020 Page 15 of 50 S.Johnson: Mr. Mayor, Councilman Bernt, yes, appreciate the -- that reminder. The common driveways we haven't proposed to change the number of lots that those -- those give access to. We believe that three is -- is a workable and doable number on those -- on each one of those. There are quite a few and, yes, these lots are -- are -- are packed in there, but we didn't feel the need to increase -- or sorry. To decrease the number of lots on those common driveways, so we left the plat as is and -- and the -- the -- the request from last hearing a couple of weeks ago to remove the -- that condition that P&Z put on still stands. We would like to have that -- that's condition removed if the Council so sees it, that's -- that they agree with that. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Sam, before we close the public hearing I just -- again, we talked about this the last time you were here and I asked staff for some insight. I don't know if you had any comments or suggestions or recommendations on the -- the sidewalk challenges that will face this property. S.Johnson: Mr. Mayor and Council Member Cavener, the -- the -- I have learned and see that the development to the north -- or part of Sky Mesa that is just to the north along Eagle Road, they have submitted for their final plat for that section. So, they are ahead of me with any kind of improvements that they will put along Eagle Road and -- and that also includes the Taconic and Eagle intersection. So, their sidewalk will most definitely be in prior to mine. That will connect my property to Taconic and then -- so, when we come in we will have our improvements to make and connect to that sidewalk and, then, that will give our residents access to that intersection, so they can cross Eagle Road. Cavener: Mr. Mayor, follow up if I may. Simison: Councilman Cavener. Cavener: Sam, again, my memory may not be correct, but if I recall when you were before us last time your request was to delay those sidewalk improvements until there were some roadway improvements that were -- that were planned around Eagle Road. If I'm hearing you correct, you are not anticipating any delays with sidewalks because of the -- the project that's occurring north of you, is that -- am I hearing you correct? S.Johnson: Council Member Cavener, there is -- in the ACHD staff report they are recommending that the sidewalk and the wait -- the -- the widening of Eagle Road in front of our property wait until they do their widening of Eagle Road in 2023. Excuse me. And they have -- as part of that would be the sidewalk, but I'm wanting to have that sidewalk in when I build the rest of my subdivision and do the landscaping on that -- on that buffer. So, I'm hoping that I can have that -- I don't see why ACHD would not want me to put in a sidewalk -- put it in the appropriate place that meets their future needs and -- and I can Meridian City Council Meeting Agenda June 16,2020— Page 40 of 223 Meridian City Council June 9,2020 Page 16 of 50 landscape up to that. So, if -- if -- I am agreeable to having that sidewalk installation be part of the condition for occupancy. Simison: Just one item on that and I don't know exactly how this works, because we often will be asked by ACHD -- because we do prefer detached sidewalks, that they will ask us to fund the difference between the sidewalk and the road. So, I understand what you are trying to do, Mr. Johnson, in terms of putting it in, but want to make sure that you will also be responsible in this project to finishing the landscaping that would occur between the sidewalk and the curb-gutter when the rest of that road is put in. S.Johnson: Mr. Mayor, yes, absolutely. Hoaglun: Mr. Mayor, question for Mr. Nary. In this instance where the -- the applicant desires to put in a sidewalk prior to the widening of the road, you know, they look at the setbacks and do all that, but yet ACHD may say, no, please don't do that, yet we want it as soon as possible, who prevails in that situation? Nary: Well, that's a great question, Council Member Hoaglun. I think -- and Bill Parsons is still on the call. We had a brief discussion about how we could position this either -- I think in the DA and I don't know if that was an acceptable resolution, Mr. Johnson, of where to build this and basically putting it in a separate lot. Again, if it's out of the right of way it really is the city's call. If it's anywhere near the right of way or incorporated within the right of way it's, obviously, ACHD's call. So, I think -- I think the desire has always been make sure it's completely out of the right of way, so it can get built at the city's timing or the developer's timing, rather than ACHD. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: Yes, I agree with Mr. Nary that as long as that pathway is constructed within the landscape buffer, which is already outside of the ACHD right of way, then, there will be no issue with the ACHD widening. Unless they completely change their street widths between now and 2023 to make it wider. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I keep coming back to the tot lot. You know, I know it's something that came up -- it's a great legacy that Council Woman Milam left us. You know, I -- I don't love the common driveways. I -- I understand what, you know, Councilman Hoaglun's point was the last time about, look, if we need to look at our common driveway standards maybe we just need to look at them. I appreciate the parking plan. I feel like that helps me get over the hump. I'm anticipating some friction with the Sky Mesa Subdivision over their amenities and I'm just wondering if -- you know, if where we ended up with was the Meridian City Council Meeting Agenda June 16,2020— Page 41 of 223 Meridian City Council June 9,2020 Page 17 of 50 limitation on the single story homes, adding an additional amenity of a decent tot lot, and, then, you know, having the applicant obligated to finish that sidewalk along Eagle Road and all the other additional improvements if -- you know, that would kind of get us all over the hump. So, I was curious what the applicant's opinion was about adding that tot lot with the idea being, you know, maybe that helps avoid people going elsewhere to other subdivisions to use their amenities. S.Johnson: Mr. Mayor and Council Woman Strader, I'm -- I guess I'm -- I'm -- I'm -- I understand the concern and I -- there is -- I think no matter what we put in this -- because of the amenities elsewhere, whether it's Sky Mesa or Century Farm or even -- you know, clear across the valley, if some -- if the amenities of a community are -- are so appealing that they are going to draw people there, you know, it's -- it's impossible to stop them and -- and, you know, I know that there is going to be controlled access to the pools for Sky Mesa. Pathways, walkways, all of that is supposed to be connectivity and amenities to the community at large, so I'm -- I'm -- I believe and we believe that having a -- an additional amenity with -- you know, what's -- if you say substantial -- a tot lot apparatus of some sort, you know, who is to say what's that line -- what is substantial, what's not. Again, I go back to if this -- if a tot lot is -- is required -- you know, an additional requirement, then, we will -- we will deal with that. We don't agree with it or we would have proposed that. You know, this is not a -- a huge neighborhood and we believe that the open space and this shade picnic structure is -- is something that's going to be used and appreciated by all in the community. So, you know, that's -- that's why we have proposed what we have. So, if -- if the Council feels like there is -- another amenity is required, then, maybe condition that it's another amenity and maybe -- and give us the opportunity to pick which amenity that might be. But, again, we have met the code and -- and we have -- we have talked about that previously and we believe what we have provided is -- is a -- is fairly substantial for this size of community. Strader: Mr. Mayor, follow up. Simison: Council Woman Strader. Strader: Your point -- I get your point. I -- you know, I think what I'm trying to drive at -- I will be curious what my fellow Council's opinion is on that. I understand what the code requires, but, you know, I'm trying to create a better balance I think is what I was getting at. A better balance in terms of, you know, your neighborhood offering quite a bit for those residents there and for their kids to play there. So, that maybe the Sky Mesa kids come over there and maybe, you know, the kids over here kind of go down the pathway and maybe somebody like lets them in the pool every now and then and maybe there is a better balance that -- that might just provide for a better outcome. But, you know, I will defer to everybody else and we will have that discussion. Thanks. Perreault: Mr. Mayor? Simison: For the record real quick that Councilman Borton has joined us as of 6:51. Council Woman Perreault. Meridian City Council Meeting Agenda June 16,2020— Page 42 of 223 Meridian City Council June 9,2020 Page 18 of 50 Perreault: Yeah. I'm struggling with this extra amenity conver -- you know, discussion as well. Well, not the discussion, but the potential requirement, and I think, you know, the -- the poor pedestrian connectivity here is really why I'm in favor of that second amenity, because if -- if we know for sure that that sidewalk is going to go in when this project is constructed and not three years later, those--those residents will have access to Hillsdale Park. That's the official name of that park. They will have it -- they will have walking access to Hillsdale Park and then -- and, then, they would --you know, had that area been a little bit further down the road they would have a walking access to Discovery Park at some point and Discovery Park is a little farther out. I know that there is a -- we had a hearing for development just south of this one, which I think got approved if I remember correctly and so there should be some sidewalks that are being connected to the intersection at Eagle and Lake Hazel and so with good pedestrian connectivity there is access to two nice sized parks where a tot lot may not be required, but that -- that connectivity doesn't exist yet, so just keeping that in mind, that's where I'm -- I'm having a hard time kind of going back and forth on this. Simison: Well, Council, I'm not the developer or ACHD, but I think your timing between the road being constructed and these homes being built and occupied is not going to be that far off based upon the work that still has to be done in this project and when ACHD typically builds their projects within their calendar year. You know, I'm -- the south Meridian has huge connectivity problems, but the situation where I look at Locust Grove and I see connectivity problems galore with no solution coming, but in this case I see a solution that will be there within a year or less of homes being occupied, which is -- as far as I'm concerned, quite frankly, a blessing compared to what others are waiting for for connectivity issues, not -- and I don't hear the developer trying to skirt the need to put in a sidewalk. The question was going to be even if he puts in his sidewalk where is it going to go and for how long and the one thing we know is by 2023 it should go someplace. S.Johnson. Mr. Mayor? Simison: Mr. Johnson. S.Johnson: To speak a little to the timing of -- of our projects, we have our connectivity and our sewer and water will come through the Sky Mesa project and through our one access point, which, again, are -- that access point -- originally when we sat down with the city and the ACHD staff we had a connection to Eagle Road, but that was one of the first points of discussion just to -- to say we don't want that -- or staff didn't want that. So, I guess don't penalize me for not having another connection. The timing of this -- you know, at least Boise Hunter Homes, who is developing Sky Mesa, says that they will be connecting to my property on that road the very last phase that they plan to build. So, that means that everything to the north up to -- near Taconic, which is actually underway with their final plat number four, they have approval for Sky Mesa Highlands to the south and so there will be substantial homes -- a lot more development around me. I'm going to be the last person in line, I guess, so there will -- if that's -- if that holds true sidewalk along Eagle Road to the south, to the north, all of that will be in prior to me getting Meridian City Council Meeting Agenda June 16,2020— Page 43 of 223 Meridian City Council June 9,2020 Page 19 of 50 occupancy and approvals. So, that's right now from my -- my knowledge is what the -- the timing of my project is. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: That being said, Mr. Johnson, are you thinking that -- that the homes will be ready to be occupied sometime in 2022? S.Johnson: That's my hope. Council Woman Perreault, the -- the -- you know, they do have a lot of homes and lots to build out, but if the market continues to go the way it is I would think that 2022 would be the first people moving into finished homes. Dodson: Mr. Mayor? Simison: Mr. Dodson. Dodson: Yes. I'm just wanting to reiterate on this sidewalk issue, since it's coming back around, code does dictate along arterials and collector roadways that there is five foot -- at least five foot detached sidewalks. So, that is something that is requiring code to be within that landscape buffer. Now, for this subdivision and including that one to the north, that is recently come in for final plat, as Mr. Johnson stated. So, that pedestrian connection to the multi-use pathway along Taconic and, then, out to Hillsdale is going to be there. When is kind of just determined when this subdivision actually does get built. But, again, as long as it's in that landscape buffer should not have any bearing. ACHD shouldn't have any bearing on that sidewalk and pedestrian connection. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: It feels like we have gone around and know where we stand and unless any other Council Member has a question or objection or something, I would move that we close the hearing on this item. Bernt: Second. Simison: I have a motion and a second to close the public hearing on H-2020-0030. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. Bernt: Mr. Mayor? Meridian City Council Meeting Agenda June 16,2020— Page 44 of 223 Meridian City Council June 9,2020 Page 20 of 50 Simison: Councilman Bernt. Bernt: I appreciate Sam and his team for, you know, providing the details necessary for us to make a more educated decision this evening. I'm not in love with this project. I wish there could have been something different in regard to common driveways. Not a huge fan of them. I get this is only ten acres and I understand that, you know, there is just so much he could have possibly have done to change it up. However, I do like what he has done with the sidewalks and I'm grateful for him and his team for agreeing to -- for that connection. I think this would be really important. In regard to the tot lot, I'm not going to hang my hat on that. I -- I'm sitting in -- currently in an open space amenity committee right now. We are discussing these very same things and -- and I'm learning more and more about amenities and -- and finding out that one of the least used amenity in our communities are tot lots and so they sound great and they look great, but they are underutilized and since there is a -- there is a park right across the street that -- that -- where folks from the subdivision can -- can go and congregate and recreate and have a good time, I think that I'm okay with that. My personal belief, if I were moving into a sub -- I would appreciate more open space and appreciate the -- the -- what -- the layout of the open space and the common areas, excuse me, that he's provided. So, not super in love with it. I don't think it's a terrible project. I don't think it's a spectacular project either. So, I'm generally in favor of this one going forward. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Well, I appreciate Councilman Bernt's comments. I -- I think the park information is very helpful. I -- I had forgotten about that. You know, it sounds like the timing of that connection or the ability to access that isn't too bad. I think I can live without it. You know, I'm kind of tempted to just support the Planning and Zoning Commission in terms of almost their exact recommendations, but I look -- I don't love it. I feel like it's -- it's generally going to fit for this small of an area. Appreciate the sidewalk, but I feel like they need to do that anyway. Appreciate the limitation to single story. I don't know. I -- I personally am inclined to just ask for them to add an additional amenity without specifying necessarily what it is, but I'm not going to fall on my sword over denying the project on that on this one. So, I think I'm in a similar place. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Yeah. I agree with much of what Councilman Bernt and Council Woman Strader had said and the only thing I want to add is just that we always -- we always encourage our-- the owners and the developers to get together and see if they can make the developments more cohesive and to flow better with -- with, you know, vehicles and pedestrian access and amenities and it's unfortunate that this wasn't incorporated into the bigger association. I think that would have made a great scenario for all involved and I Meridian City Council Meeting Agenda June 16,2020— Page 45 of 223 Meridian City Council June 9,2020 Page 21 of 50 don't know what the history is. Perhaps there was a conversation about Sky Mesa, you know, purchasing this -- or Boise Hunter purchasing this property. I don't know. I -- I think it's -- it is challenging that it's this piece that -- that is surrounded by this -- this other large development, but that being said, that's not what we are here to decide, so I agree that there are things that I like and things I don't and I think I'm generally in favor -- not in love, but in favor enough to -- to vote for the application. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think I share a lot of the same sentiments of my colleagues, although I'm leaning towards the other way. I keep looking at this project trying to convince myself that it's good enough. I just can't quite get there. You know, I'm a firm believer that we give applicants a -- you know, every fair shake to level up and bring a development that meets the values of our community and this just does not check the box for me. It goes back to again -- I think I mentioned this two weeks ago. I have got, you know, a mini Council Member Milam sitting on my shoulder saying minimum, minimum, minimum and -- and the only things I'm really seeing that's changed from what we heard two weeks ago is that it's a -- it's a really nice picnic shelter. I'm really looking forward to learning more from our open space committee, but I would argue the only thing I think gets used less than a tot lot is like a picnic shelter. So, to me there is just still so many unknowns here that -- and, then, you add on top of that, you know, when we -- when we first heard this it was before a levy election for the school district and while the levy has no impact on future schools, to me it's a good sign about where district patrons feel about investing in our kids and with the levy being very very unsuccessful, I have significant concerns about the district's ability to find public support for bonds for future schools and we talk every week about the challenges in the south side related to Hillsdale and so with this being so close to me that kind of tips me going in the opposite direction, so I'm not supportive. I think that we could have seen something better. I think we have seen way better projects in Meridian and you all know that I'm a cheerleader for the south side. I think the south side is special and I just think that we could have had a much better take in a project like this for south Meridian. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I guess I would be curious. It is somewhat of an -- it's becoming an in-fill project and I guess I would be curious if Councilman Cavener had -- had a vision that most of us agree on of what -- what a better product would look like that would be enough that the applicant could move forward with it if we -- if we sort of agreed on what that looked like. In other words, is it an additional amenity? Is it additional open space? Is it restricting the common driveways? I guess I'm coming back a little bit to the -- the Planning and Zoning Commission recommendations, which if we followed them it would be very restrictive on the applicant, but they would be getting an approval and there would be Meridian City Council Meeting Agenda June 16,2020— Page 46 of 223 Meridian City Council June 9,2020 Page 22 of 50 significant changes required that -- that would kind of require them to up their game. I guess I'm just wondering, you know, where --what his opinion would be about falling back to something more similar to the Planning and Zoning Commission, if that would get him there. Cavener: Mr. Mayor, if I can respond. Simison: Councilman Cavener. Cavener: Great question, Council Member. I appreciate you asking. Yeah. I think that he -- I think you and I are kind of landing on the same place, so if -- if a motion is fairly restrictive, similar to where the Planning and Zoning Commission is, those alley load over there, it just doesn't make a lot of sense to me. You know, I would like to see what -- again, a more usable amenity. I always try and refrain from, you know, kind of putting my fingers on types of projects. I try and be really transparent about what I think kind of represents the values and the needs of the community. We rely on our subject matter experts in the development community to kind of -- to bring that. You know, maybe I -- maybe I have just been conditioned by Council Member Milam to talk about, you know, a tot lot or a playground, something along those things, but I don't care what corner of Meridian you go to, we are a community for young families and young families will want to take advantage of that. I think we discussed when -- when this was last before us about if this was an age restricted product and if I recall -- I mean this isn't even really a planned community. I think the -- the business plan is to turn around and sell the lots to a handful of different builders to kind of build everything under the sun. So, to me it gets back to what's going to make this neighborhood build a sense of community in Meridian and -- and I think if we lost some lots, if we increased our open space, if we added a more usable amenity and, then, moved that alley load or common drives, those are the things that I would be more comfortable with to be supportive. Hoaglun: Mr. Mayor? Bernt: Mr. Mayor? Simison: Councilman Hoaglun hasn't yet spoken. Hoaglun: Well, Mr. Mayor, Council Woman Perreault and, then, Council Woman Strader mentioned the similar things about this really being an in-fill. You know, the last one in in a development, it has to -- to fit from a financial standpoint, from the area that you have to work with. I agree that -- I wish it had been part of the whole collective development when -- when that was done, that I think it would have been different, but how you can make it fit now -- and there is a lot more restrictions on it. You know, we are not that far off from what the Commission changed to the staff recommendation. I mean he's agreed to limit those particular lots to a single story. Instead of a tot lot it's a picnic shelter and I like the looks of it. It's a nice picnic shelter. You know, city code allows up to six lots that could be served by a common drive and in the last meeting Councilman Bernt had talked about, you know, from a percentage basis how -- who many that is and I think he's onto Meridian City Council Meeting Agenda June 16,2020— Page 47 of 223 Meridian City Council June 9,2020 Page 23 of 50 something that we need to look at those things and kind of maybe figure out a way that it's less impactful, because, yeah, having just three with four, that's 12 of 42, you know, that -- that has a much higher percentage than if you had six in a, you know, 400 home subdivision. So, per four. So -- you know. But that's something we have to look down the road. We can -- I don't -- and to me the -- these -- these fit. They are -- they are tight, but they fit for this project and maximize the space, but provide open space. So, with what the -- with -- with the developer willing to put in the landscaping and sidewalks as soon as practicable and we could say, you know, before a building permit's issued putting in a picnic shelter, changing the lots to two from three, I'm fine with three and we can take a look at city code and maybe do some things in the future. I mean it's -- it's -- it's -- you know, like Councilman Bernt said, it's -- I'm not in love with this, it's -- it's okay, you know, and it serves the need and we move on and we see things here from this and other things that we see that need to be tweaked in our -- in our code to make it more amenable for -- whether it's amenities or styles or different things like that and, you know, I'm open to looking at that, but for -- for this particular project I think they did the best they could with what they had to work with in this particular situation. Simison: And, Council, just from my perspective, you know, I look at my own home and, you know, we have got a tot lot, swing set in our backyard. Many of my neighbors do as well. We have got a city park two blocks away that we can all -- or three blocks away that we can all walk to, which has plenty of amenities as well and I have a small rectangular large backyard kind of across the street from me where all the families send their kids to go play, because it's the closest thing to their home and has some open space for people to do things and I -- when I look at -- I know this was brought up by the -- I believe the applicant last time, but I do view the open space in front of roughly two-thirds of the homes in this subdivision out their front door, where if you have kids and you want to see them all go play together, I think that that in and of itself is a great amenity to have in an area that I think the open play aspect is sometimes lost when it's over programmed and over encumbered by other things. I don't think that most people are going to leave the subdivision and go over to Hillsdale Park. I don't -- not without getting in their car and driving over there. It's -- it's -- it's a hike, you know. So, I think it's really a question of whether or not you believe in what this offers to the people that may choose to move into a more compacted area and I think that -- that it has a nice benefit to being surrounded or overlooking a majority just in a large open space. It has a certain feel that I don't think we have a lot of that in our community, to be honest with you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, a couple of things that have been mentioned that struck me. I'm sitting here thinking about if I lived in a community like this would I use the picnic shelter and very unlikely. I mean unless I was having like a family reunion or something, which I probably would rent -- rent a shelter from the Parks Department, I don't know that I would ever just take a picnic that I could have in my backyard on my patio down the street or, you know, to a picnic shelter and wondering about the -- really -- really the usability of it Meridian City Council Meeting Agenda June 16,2020— Page 48 of 223 Meridian City Council June 9,2020 Page 24 of 50 and I think Councilman Cavener is right that it might be -- it's probably less used than a tot lot on the list of amenities. So, that being said, I'm always very conscious of not wanting to continue applicants several times, because I know they have deadlines and timelines, but I'm curious based on what Councilman -- Council Woman Strader has mentioned about maybe just -- you know, do we need to ask the applicant to just look and -- just to review the amenities altogether. The picnic shelter -- I know they have already had work done to have those renderings done, which were beautiful and very helpful. The visuals are very helpful. But do we or should we consider asking the applicant to reassess whether they need two amenities and what they should be, because I know I -- it's very unlikely I would go sit at a picnic shelter down the road from my house if I have a patio in my backyard. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: My opinion -- I think we have continued this once to address some of that specifically. I think what we have received from the applicant was their response. To your point I don't like continuing for continuing sake or to -- I think we gave a fair shot for them to bring back something. I think asking them to come back yet again -- we would just go through another two hours of conversation that -- and likely into the same result one way or another. So, my decision won't be based solely on adding an additional amenity or not. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve item -- let's do this. McKay Farms, Item No. H-2020-0030, as presented with -- with an addition of allowing the developer to add a usable amenity that will help with the project. Hoaglun: Mr. Mayor, I will second the motion for discussion. Simison: I have a motion and a second and I'm expecting discussion. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I would support that motion. I'm assuming that it will also just include the limitation to single story homes on Lots 32, 40 and 50 and, then, it would also reference the completion of the sidewalk and the landscaping buffer as stated previously. Bernt: Yes, ma'am. Meridian City Council Meeting Agenda June 16,2020— Page 49 of 223 Meridian City Council June 9,2020 Page 25 of 50 Hoaglun: Second agrees. Simison: Is there further discussion on the motion? If not, then, I will ask the clerk to call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. Motion is agreed to. MOTION CARRIED: ALL AYES. D. Public Hearing for Victory Commons (H-2019-0150) by BVA Development, LLC, Located at 130 E. Victory Rd. and 3030 S. Meridian Rd. 1. Request: Preliminary Plat consisting of 12 building lots on 16.74 acres of land in the C-G zoning district. Simison: Thank you very much for your--for the applicant's and staff's work on that item. With that we will move on to Item 6-D, a public hearing for Victory Commons, H-2019- 0150, and I will turn this over for staff comments. Or open the public hearing for staff comments. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Perhaps maybe while staff is getting their--their microphone situation resolved, I just -- before we maybe jump into the public hearing, I just wanted to put on the record I live in the neighborhood that's adjacent to this proposed project. I don't live within 300 feet of the project and I haven't attended any Planning and Zoning Commission or neighborhood meetings around this project, but just wanted to note for the record it is adjacent to me, but I haven't participated in any of the other processes. Simison: Thank you, Mr. Cavener. Parsons: All right. Mr. Mayor, can you hear me? Simison: Yes. Simison: Perfect. Pleasure to be with you here tonight. So, the next project on the agenda this evening is the Victory Commons preliminary plat. The subject property consists of 16.74 acres of land. It's currently zoned C-G within the city limits and the properties have two addresses, one being 3030 South Meridian Road and the other is 130 East Victory Road. But the project is located on the northeast corner of Meridian and Meridian City Council Meeting Agenda June 16,2020— Page 50 of 223 Meridian City Council June 9,2020 Page 26 of 50 Victory Roads. Some history on this particular property. It was annexed and platted in 2003 and, then, just recently, approximately six months ago, this body did approve a development agreement modification to basically terminate the previous DAs and have the applicant enter into a new DA that had a new concept plan. As part of that approval and because of that approval there is actually three certificate zoning compliance applications that we have already approved for this site and one of those structures are currently under construction as we speak tonight. The Comprehensive Plan for this particular property is commercial and the current zoning of C-G is consistent with that designation. Sensitive arrows. The -- the preliminary plat that's before you this evening -- so, to get you oriented the left hand of the screen is north and, then, the right, of course, is south, which is Victory Road and Meridian Road would be on the southern edge of this exhibit as well. So, the plat consists of 12 buildable lots, again, on 16.74 acres of land and the applicant is proposing to develop this in two phases. So, the first phase is the area that is not outlined in red and, then, of course -- so, the first phase would be the northern half, the second phase the southern half, which is outlined in -- in red for you this evening. The site is currently developed with a commercial nursery and a multi-tenant building. As I stated earlier, there is an existing urgent care facility that's currently under construction along the north boundary of the site. Other uses approved for the site include a retail paint store and a multi-tenant flex building that you can see here on the northern half of the exhibit, which, again, is consistent with the DA modification that this body did approve approximately six months ago. On this exhibit before you I have a couple arrows. They depict the access point that is approved for this particular development. The first access, which is the purple arrow on the south end of the exhibit, shows the right-in, right- out only access to Meridian Road. This was a topic of discussion as part of that DA modification in which both ITD and City Council approved that access point. As part of that approval ITD did require the applicant to set aside some additional right of way, put in a decel lane for future widening of Meridian Road as well and, then, there is an access point to Victory Road, which is a full access at this point. In looking at the ACHD staff report they have concluded that the project meets all the current thresholds of the proposed development and they have not required any additional improvements to Victory Road. I would also mentioned to Council that all of the lots within the subdivision are subject to a cross-access agreement as required in the recorded development agreement. The applicant was required to submit a landscape plan for the proposed development. Per city code Meridian Road is an entryway corridor, which requires a minimum 30 foot wide -- 35 foot wide landscape buffer and, then, Victory Road is designated an arterial road and that requires a minimum of a 25 foot wide landscape buffer. Again as part of that DA modification the applicant was required to put in all of the buffer requirements along Victory Road and Meridian Road with the first phase of development. I would also mention to the Council that you can see here along the northern boundary -- or I guess the northeastern boundary the applicant is required to do a 25 foot wide landscape buffer when you have commercial uses to a residential use. The plans that are submitted this evening do depict that buffer and the applicant will work with the irrigation district and the city to make sure that the landscaping as shown can go in as proposed by the applicant. As part of the DA modification the applicant did provide conceptual building elevations for the proposed development. The three structures that are currently under development on the site were found to be -- comply with those Meridian City Council Meeting Agenda June 16,2020— Page 51 of 223 Meridian City Council June 9,2020 Page 27 of 50 requirements and did meet the standards of the architectural standards manual. All futures -- all future structures in this development are required to comply with the elevations in the amended DA, the design standards in the UDC 3-A-19 and those in the ASM or the Architectural Standards Manual. The Planning and Zoning Commission did recommend approval at the May 7th hearing. Testifying in favor was Geoffrey Wardle. There was no one testifying in opposition, commenting, or submitting written testimony on this application and there was no testimony discussed during the public hearing as far as public testimony I should say. Key issues of discussion by the Commission included the height of the proposed structures. If the Council remembers, there is a restriction in the DA that restricts the heights of the buildings on this site to 35 feet and that was also a discussion as part of the DA mod. There was some discussion of a pedestrian connection from the adjacent residential subdivision. Again, that was a DA provision that was --the applicant agreed to and is currently complying with and extending that pathway from the subdivision to the north into the site along Meridian Road. Timing for the Victory Road access. Some of the Commission was concerned about another way in and out of this development, since it was phased as part of two phases. Rest assured that the -- I shared with the Commission that the secondary access point will be required when there is a certain amount of square footage threshold constructed on this site and the applicant's also required to have cross-access with the C-store that's located on the hard corner. So, there is going to be another right-in, right-out only access to Meridian Road between this development and the existing developments at the hard corner. Planning and Zoning Commission had discussed the parking ratio for this particular development. Again, I informed them that there is a concept plan and that the parking ratios approved with the three CZCs that have already been approved for the site met the minimum parking standards per city code and, then, I also informed the Commission that the landscaping along Victory Road would be installed prior to occupancy of the first building on the site. The applicant and I have discussed that requirement. They are aware of it and so moving forward they either install it or put up a bond for that improvement. So, any Commission changes that were --were not --there weren't any Commission changes required of the staff report and there are no outstanding issues for Council this evening. In looking at the public record I have not seen where there was any written testimony provided after the Planning and Zoning Commission. So, with that both staff and Planning and Zoning Commission are recommend -- recommending approval of this plat and I will stand for any questions you may have. Simison: Thank you, Mr. Parsons. Bill, could you just clarify for me that -- you said right- in, right-out, but I will be -- one of my biggest concerns with this corner is actually the exit out of the convenience store onto Victory Road due to the exit being so close to the intersection and going through turn lanes. My guess is eventually that enters -- that's going to be required to be a right-in, right-out only by ACHD at some point in time or ITD. So, where is the right-in, right-out and how is the cross-access, if that-- if that ever doesn't become right-in, right-out, how would people get out to go west on Victory -- or east on Victory? Parsons: Yeah. Mayor, Members of the Council, no one's going to be able to get back out onto Victory from Meridian Road. They are going to actually have to drive through Meridian City Council Meeting Agenda June 16,2020— Page 52 of 223 Meridian City Council June 9,2020 Page 28 of 50 that development and use the current access -- or the future access to Meridian Road. It's actually the current access that they have now that serves the multi-tenant building and the nursery. So, as it stands now that the access for the gas station -- I think they have an access to Amity as well -- or, excuse me, Victory and they also have a right-in, right-out to Meridian Road. So, I'm -- right now as -- as you alluded to -- or at least what I said in my testimony is ACHD has not restricted that access at this point, but I imagine as traffic warrants and things increase, that may be restricted at some point. So, cross -- cross-access will be critical in the future, but as I mentioned to you, Mayor, in looking at the staff report ACHD has not required any further traffic pattern changes to Victory Road at this point. Simison: I understand. I guess my question, Bill, is based upon the --what we are seeing up on our screen is cross-access going to require someone to go essentially north out the back of the convenience store? If that-- if that access to the convenience store ever went away cross-access would require them to go north, work their way around through to come out at the access point that is currently shown on Victory through this other -- through the project? Parson: Yeah. Mr. Mayor, Members of the Council, absolutely. That would be the only way they could go out, except for, like I said, if you look at the right -- at the very low -- the very bottom of the screen there, the convenience store does have an access to Amity there. Simison: And that's what I'm talking about. I think eventually that one will be restricted to a right-in -- Parsons: I don't have any doubt about that either. I'm sure at some point that will close and, then, everyone will have to funnel internally to get out to Meridian Road and potentially Amity -- or, excuse me, Victory. Simison: Okay. Thank you. Council, any further questions for Mr. Parsons? Perreault: Mr. Mayor? Hoaglun: Mr. Mayor? Simison: Council Woman Perreault got you just by a hair. Perreault: Bill, I did not see any elevations in the file. Do you have any copies of those that you can put on the screen? Parsons: Mr. Mayor, Members of the Council, I guess, Council Woman Perreault, are you wanting what we have approved with the CZC or what was submitted and improved with the development agreement? Meridian City Council Meeting Agenda June 16,2020— Page 53 of 223 Meridian City Council June 9,2020 Page 29 of 50 Perreault: Oh, I apologize. I thought you were referencing the elevations that have been submitted with this as examples, but I was -- I was looking -- I realized that we are just considering the preliminary plat. I thought maybe the elevations might be just helpful to get a visual of what it is they are -- you know, they are attempting to do, just because sometimes these two dimensional plats are hard to -- to visualize, but it's -- I just wanted to clarify there -- there weren't any submitted with this application; correct? You are referring to ones from the DA modification? Parsons: Yeah. Mr. Mayor, Members of the Council, Council Woman Perreault, that is correct. I -- this particular case -- and in an effort to keep it simple I did not attach any elevations to this project, because I knew the development agreement had that covered. But I'm happy to drag over the elevations if you would like to see them. Perreault: I don't recall -- I'm wondering if this was -- was this approved last -- in 2019? Because I don't recall this application since I have been on Council. Parsons: Mr. Mayor, Members of the Council, Council Woman Perreault, yes, it was approved October, November last year. I don't think you were sworn in yet. So, it predates your -- your term. Perreault: Okay. Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Question for Mr. Parsons. Bill, I think I read -- it was either the staff report or in the P&Z minutes that there is a requirement for a ten foot wide sidewalk along Meridian Road; is that correct? Parsons: Yeah. Mr. Mayor, Members of the Council, Councilman Hoaglun, a portion of it is. So, in the development agreement -- or as part of that development agreement modification the applicant was required to extend a portion of that pathway along the Meridian frontage, which, basically, ties into -- so, if you look at this slide that I have in front of you here, the -- in that northern corner there is -- is the urgent care and the applicant is expanding that pathway up to that -- essentially that intersection or close to that new curb cut into the site from Meridian Road and at -- anything south of that new intersection will remain the five foot wide detached sidewalk with an easement. So, if and when the city desires to widen that, include a pathway, that it could be built in the future. So, a portion of it's being constructed and a portion of it's being preserved through an easement for future expansion if needed or desired. Hoaglun: Okay. Mr. Mayor, Mr. Parsons, thanks for that explanation. That helps. Simison: Council, any further questions for staff at this point? Okay. Thank you very much. With that we will ask the applicant to come forward. And if you can state your Meridian City Council Meeting Agenda June 16,2020— Page 54 of 223 Meridian City Council June 9,2020 Page 30 of 50 name and address for the record. It looks like we will have Mr. Wardle before us today and you will have 15 minutes. Wardle: Thank you, Mayor. Thank you, Members of Council. Glad to be with you. Bill did a great job covering the topics in the staff report. To give you a brief overview of this, for those of you who are new and who didn't hear this last fall, this does implement a development agreement that was amended in late 2019. Bill, if you can click to the next slide. Or -- Johnson: Mr. Mayor. Mr. Wardle, you should have control of the screen. You should have a pop up asking if you want to control. Wardle: There we go. All right. So, background. This property was part of an application in 2003 culminating in its zoning and annexation in 2004 with a development agreement. The zoning has been consistent with the Comprehensive Plan that was in place at that time and as it went forward. The development agreement was amended in 2006 and the initial Mussell Corner Subdivision was platted and that's how and when the -- the convenience store was constructed and as part of that implementing the requirements that were imposed then were provisions for master cross-access throughout the site. So, to the Mayor's question, it has always been contemplated by the City of Meridian, the property owners, Ada County Highway District that in order to head east on Victory you would have to use the internal circulation through the site to traverse your way over there. Now, currently there are buildings that will be modified and there are -- there are a variety of other structures that will need to be modified as we redevelop this from the existing Victory Greens use, but that is the plan that -- that that access would be a full access to the east with right-in, right-out out of the convenience store and, then, where Bill identified a -- an approved access onto Meridian Road that would be right-in, right-out. In the original development agreement it had a -- a different site plan and it contemplated a western themed project and the building standards and the building designs at that time were -- were very much a pole barn western themed, which was fine, but as we move forward with users, you know, the determination was made that we needed to significantly modify the site plan for internal circulation issue matters and also for design. So, in 2019 this body approved an amendment to the development agreement that included additional conditions of approval, one of which conditions of approval we agreed that the buildings would be limited to 35 feet in height. Even though this is a C-G zone that would permit a significantly higher elevation, we made that commitment due to the comments that we heard from the neighborhood and the questions posed by the City Council. As you see, this is the first -- the -- the design configuration of the first phase that we modified with that development agreement. The -- phase one is the northern piece, which will provide that access to the north onto Meridian Road. Originally the 2004 development agreement maintained a temporary access at the very very north, but it was always intended that that would be subject to relocation when a full development application came forward. So, we made that -- the contemplated plan here is for a variety of uses from -- as Bill indicated that we do have three CZC applications that have already been approved with a Saltzer health clinic under construction in that northernmost parcel that you see there at the north is what's currently under construction and, then, south of that access drive -- Meridian City Council Meeting Agenda June 16,2020— Page 55 of 223 Meridian City Council June 9,2020 Page 31 of 50 or south of the Meridian Road access is a retail building that we have a user for and is in for permitting and, then, those larger buildings in the back are contemplated to be a flex space with a variety of uses for sale and for lease. So, as we move forward the 2019 development modification --development agreement modification replaced the prior 2004 and 2006 development agreements. It modified the site plan, modified access and eliminated the western theme design standards, replacing it with the ones that Bill has outlined for you that were integrated into that. This preliminary plat is a resubdivision of that 2006 Mussell Corner Subdivision as we replat and reconfigure a portion of it. There have been some additional parcel boundaries and the whole purpose of this preliminary plat is to implement the development agreement consistent with what was approved in 2019. As Bill indicated, we have outlined this work in two phases. We recognize the conditions of approval relate to certain improvements that have to be done on Victory Road, even though that's not in the first phase, and that work either is or will be done as Bill's outlined and in the phase one of this project we will have five -- five lots that will initially proceed and, then, everything will come forward to the south. When we come forward with the plat for the southern most piece along Victory I anticipate that we will be required to come back before Council with a more specific plan as that was preserved for future improvement and future evaluation. So, as Bill outlined, 12 building lots, C-G zone, intended to enhance the commercial node that was previously approved here in 2004 when the property was annexed. The northernmost parcel currently under development -- and as Bill indicated that is where connection to the existing micro path has been requested to the neighborhood to the east of the Kennedy Lateral and that will be constructed and installed and the second retail building will be just to the south of that and as Bill indicated that is a retail user who has already been in for permit. So, we are in general agreement with the conditions of approval. The conditions are consistent with the development agreement and we will be proceeding forthwith with the northern phase one as the Saltzer health facility will be completed we anticipate in just a few months providing that urgent care facility to the residents of south Meridian. So, with that we believe it complies with all UDC requirements and request approval as recommended by the staff and the Planning and Zoning Commission. And with that I will stand for any questions. Simison: Thank you. Council, any questions? Perreault: Mr. Mayor? Bernt: Mr. Mayor? I defer. Simison: Council Woman Perreault. Perreault: Would it be possible for Bill to bring the landscape plan back up? And, then, I have a question for the applicant. That shows the buff -- I have a question about the buffers. Okay. I just wanted to make sure that I understood that on the -- that full length of the north side, which is going to be behind the flex spaces, that is a 25 foot buffer to the -- the residents; is that right? Meridian City Council Meeting Agenda June 16,2020— Page 56 of 223 Meridian City Council June 9,2020 Page 32 of 50 Wardle: Correct. But it's also within a larger easement for the Kennedy Lateral. Perreault: Okay. Wardle: And there is some degree of elevation change there. So, that's what Bill meant when he indicated that there would still be some design work to be done with the irrigation company and the city on that. But, yes, it's a 25 foot easement -- a 25 foot buffer on our property. Perreault: Mr. Mayor, a follow up? Simison: Council Woman Perreault. Perreault: Mr. Wardle, do you happen to know the -- the full distance from the -- the south side of the buffer to the fence line of that subdivision? Wardle: Mr. Mayor, Council Member, I do not, because a portion of that fence line is adjacent to a common area that's platted as part of that. So, a portion of that easement -- I mean what you're seeing there is -- as to the east and it's -- it's a rather substantial facility. There is a significant amount of distance between the two. So, it is 25 feet on our property, but it's 25 feet on our property, plus there is additional space to the north adjacent to those parcels. Perreault: Thank you. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Geoff, just one question. Do you -- do you guys project any tenants that will -- that will require more parking than what you have planned for that would make a -- have a problem parking? Wardle: Mr. Mayor, Council Member Bernt, no, I mean that question came up at Planning and Zoning and as Bill answered I mean it's zoned C-G, we are going to have to comply with all of your parking requirements. Of course it's going to be very much site specific and as to this location we are certainly not contemplating any types of the larger office buildings that you are seeing elsewhere. So, these are intended to be small users and it's something we are hypersensitive to, because you have got to thread that needle. Bernt: Not going to be a popular restaurant in there or anything? Wardle: I -- I -- I don't have any idea of any restaurant users for that site yet, Council Member Bernt, but if we do the beauty of restaurants is the parking demand for restaurants is counter cyclical with office, so -- except at lunch on Thursday. Meridian City Council Meeting Agenda June 16,2020— Page 57 of 223 Meridian City Council June 9,2020 Page 33 of 50 Perreault: Mr. Mayor, I have a similar question. Simison: Council Woman Perreault. Perreault: So, we are starting to see restaurant users put in drive-thrus, even in these flex spaces. Any anticipation that will happen? We don't get to hear those, they go through the conditional use permit process that the Commission decides. Is there any way to put a limitation on that and not -- I would prefer that that not be permitted. Wardle: Well -- I mean it's not -- I -- it's a C-G zoned use. It's a C-G zoned use with a very specific design. You are right, there are those types of users that we have seen go into flex space, but here are the flex spaces. The visibility is such that if there is a drive- thru user it will be out on one of the pads on either Victory or Meridian Road. I just can't see -- I can't see a drive-thru user wanting to be interior on those flex spaces. I mean -- and that was a conscious decision on how we spaced it and located it, but you would have more intensive retail uses to the street and the -- the flex -- the flex use to the back. But never say never, because you never know what a user wants and that's why we come back for conditional use permits. Simison: Council, any additional questions at this time? Okay. Thank you very much. Did we have anyone signed up to testify on the item this evening? Weatherly: Mr. Mayor, we did not. Simison: Okay. Well, just like in previous conversations for those who are still tuned in, I think that we have a lot of people still waiting to get back to the first item that was on our agenda, but if there is anybody that would like to testify on this item, please, raise your hand by clicking the button at the middle bottom of your screen to -- and we will bring you in to testify and if you are on the phone and you would like to participate press star nine. And we will give this just about 30 seconds to see if anyone would like to testify. I am not seeing anybody raise their hand otherwise. I will just confirm that with the clerk that they agree. Weatherly: Mr. Mayor, I agree. Simison: Okay. Well, with that, Mr. Wardle, would you like to make any final comments? Wardle: No. We are ready to proceed with your decision. Simison: Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council Meeting Agenda June 16,2020— Page 58 of 223 Meridian City Council June 9,2020 Page 34 of 50 Cavener: Quick question for Mr. Wardle. My wife's asked me to wrap up a couple of yard projects. How much longer is that nursery going to be around, so I can get those wrapped up this summer? Wardle: Obviously it's a phased redevelopment and we are starting on the north. So, you know, I wouldn't wait too long. But you will have some time. Cavener: All right. Appreciate the reprieve. Simison: I hear they might be having a fire sale, so pay attention. Bernt: I doubt it. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: No other questions, I move we close the public hearing on Item 6-D, Victory Commons, H-2019-0150. Bernt: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALLAYES. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we approve Item 6-D, a preliminary plat for H-2019-0150, Victory Commons. Bernt: Second. Simison: 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, yea. Simison: All ayes and the motion is agreed to. MOTION CARRIED: ALL AYES. Meridian City Council Meeting Agenda June 16,2020— Page 59 of 223 Meridian City Council June 9,2020 Page 35 of 50 Simison: Council, I have had a request to take a few minutes to allow people to take a quick break, so with that I'm going to call a recess until 8:00 o'clock. That should hopefully give everyone time to take care of what they need to. So, we will -- we will see you back here in 12 minutes. (Recess: 7:48 p.m. to 8:02 p.m.) E. Combined Public Hearing for Ordinance 20-1881: Deannexation Plan Amendment) - First Amendment to the Meridian Revitalization Plan and Ordinance 20-1882: Union District Plan Simison: Okay. Council, I'm going to call us out of recess. It is 8:02 and we will move on to Item 6-E, which is combined public hearing for Ordinance 20-1881, deannexation plan amendment. The first amendment to the Meridian Revitalization Plan and Ordinance 20-1882, Union District Plan. Council, we left this public hearing open last time for any additional public comment. I will ask the clerk if anyone has signed up to testify on this item. Weatherly: Mr. Mayor, we did not have any sign-ups. Simison: Okay. If there is anyone who is on the call that would like to provide testimony on this item, if you could, please, indicate by hitting the raise hand button in the Zoom platform or star nine on the phone and we will bring you on to testify for this item. Council, I'm not seeing anybody who would wish to provide testimony on this item, so with that I would be happy to entertain a motion. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. Appreciate, Cameron, your team, Ashley, everybody at MDC, Mr. Kushlon, your report. One, thank you for all the information, but, two, for the extra week for us to at least invite the public to one more opportunity to provide some testimony on this. As you all know, this is an issue that I have taken very very seriously and have weighed the pros and cons back and forth. As I alluded to last week, I'm -- I'm supportive, but I appreciate having one more opportunity for our public to weigh in. If -- if none of my colleagues have any comments, I'm happy to make a motion. Okay. Mr. Mayor? Simison: Councilman Cavener. Cavener: Do we need to have the ordinance read one additional time or because we have continued it from last week are we good to -- to move forward? Simison: I think we need to close the public hearing and this process will be taking place in the next ordinance reading. Meridian City Council Meeting Agenda June 16,2020— Page 60 of 223 Meridian City Council June 9,2020 Page 36 of 50 Cavener: Okay. Mr. Mayor? Simison: Councilman Cavener. Cavener: If that, then, I move that we close the combined public hearings for Ordinance 20-1881 and 20-1882. Perreault: Second. Hoaglun: Second. Bernt: Second. Simison: I have a motion and several seconds to close the public hearing. Is there any discussion on the motion? If not, all those in favor signify by saying aye. The ayes have it. MOTION CARRIED: ALLAYES. Item 7: Ordinances [Action Item] A. Third Reading of Ordinance 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 Simison: So, with that we will move on to Item 7-A, which is the third reading of Ordinance 20-1881, and I will ask the clerk to read this ordinance by title. Weatherly: Thank you, Mr. Mayor. This is the third reading of Ordinance 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, affecting taxing entities, and state officials; providing severability; approving the summary of the ordinance; and providing an effective date. Meridian City Council Meeting Agenda June 16,2020— Page 61 of 223 Meridian City Council June 9,2020 Page 37 of 50 Simison: Council, we have heard this ordinance read for its third time. Is there any motion or is it just deemed passed upon reading the third time, Bill? Nary: Mr. Mayor, Members of Council, you will need to vote. Simison: Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we approve Ordinance 20-1881. Bernt: Second. Simison: I have a motion and a second to approve Ordinance No. 20-1881. Is there any discussion on the motion? If not, the clerk will call the roll. Roll call: Bernt, yea; Borton, abstain; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: Five ayes. One abstain. Motion passes. MOTION CARRIED: FIVE AYES. ONE ABSTAIN. B. Third 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: Up next is Item 7-B, a third reading of Ordinance 20-1882. Ask the clerk to read it by title. Weatherly: Thank you, Mr. Mayor. This is the third 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: Council, you have heard this item read for the third time. Do I have a motion? Meridian City Council Meeting Agenda June 16,2020— Page 62 of 223 Meridian City Council June 9,2020 Page 38 of 50 Cavener: Mr. Mayor? Perreault: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. I move we approve Ordinance 20-1882. Perreault: Second. Simison: I have a motion and a second to approve item 20-1882. Is there any discussion on the motion? If not, clerk will call the roll. Roll call: Bernt, yea; Borton, abstain; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes and one abstain. The motion is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSTAIN. Simison: We will move on to Item 7 --well,just, again, as Councilman Cavener said thank you to everyone who worked so diligently on those two previous items and we look forward to the fruits of that labor. Hopefully coming forward in a timely fashion. C. Ordinance No. 20-1884: An Ordinance (H-2019-0135 — Allmon Subdivision) for Annexation of a Portion of the Southeast Quarter of the Northeast Quarter of Section 30, Township 4 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 10.03 Acres of Land From RUT to R-8 (Medium Density Residential) 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: With that we will move on to Item 7-C, Ordinance No. 20-1884, ask the clerk to read this item by title. Weatherly: Thank you, Mr. Mayor. This is Ordinance No. 20-1884, an ordinance, H-2019- 0135, Allmon Subdivision, for annexation of a portion of the southeast quarter of the Meridian City Council Meeting Agenda June 16,2020— Page 63 of 223 Meridian City Council June 9,2020 Page 39 of 50 northeast quarter of Section 30, Township 4 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 10.03 acres of land from RUT to R-8 (Medium Density Residential) 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 item read. Do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, I move approval of Item 7-C, Ordinance No. 20-1884, with suspension of rules. Strader: Second. Cavener: Second. Simison: I have a motion and a second to approve Item 7-C under suspension of the rules. Is there discussion on the motion? If not, clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes. The motion is agreed to. MOTION CARRIED: ALL AYES. Item 8: Action Items A. [ITEM MOVED FROM 6-A] Reconsideration Request for 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. Simison: Next we will go to Item 8, which is what was moved from earlier, the reconsidering question of Findings of Fact, Conclusions of Law for Delano Subdivision, H-2019-0027. Mr. Nary, would you like to reintroduce this so Mr. Borton has the privilege of hearing your comments, so that we are all on the same page. Meridian City Council Meeting Agenda June 16,2020— Page 64 of 223 Meridian City Council June 9,2020 Page 40 of 50 Nary: Certainly, Mr. Mayor, Members of the Council, Council Member. So, as we stated earlier -- so, this is a request by the applicant of the Delano Subdivision for reconsideration of your decision from a few weeks ago. The decision was final. The Findings have been approved. This was timely filed. So, your consideration tonight is whether to grant the request for reconsideration, which would require a new public hearing. The applicant would, then, need to pay the noticing fees and provide noticing for this project for a new public hearing. It would be as if you had an additional or a second public hearing in addition to the one that was previously heard. The other option is to deny his request for reconsideration and the applicant can take it forward as the law may allow him to do. So, that's really within the purview of what you have tonight. There is no additional testimony. We have allowed written testimony, but the testimony really has to be relevant to the issue and the issue in front of you was as raised by the applicant was his concern that his opportunity to present a response to the project to the issues and concerns of the Council was cut off because it was -- because what was raised after the public hearing was closed were things he was not able to address. Any -- any testimony -- written testimony that's unrelated to that issue is really not relevant. So, the only consideration you could consider is whether or not to grant his request or deny his request. Mr. Borton, before you joined us part of the conversation was was there any other alternatives and I tried to avoid getting into that detail of any other alternatives until we resolved the issue under our ordinance, under the request for reconsideration. I think that captured our earlier discussion. So, if I missed something please let me know. Simison: Sounds good. And if I could get Adrienne or Chris -- it looks like Mr. Hoaglun got kicked out and he's in the waiting room with his hand raised. If we can bring him back. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: While we are waiting for Council Member Hoaglun to join us I just -- I wanted to put on the record -- during our break I was going through my e-mail and my text messages and I received an e-mail correspondence from an individual I used to attend church with. They were voicing some of their concerns not about the request that's before us, but similar type of communication we have heard from residents in the Alpine neighborhood just about the project as a whole. I have taken a screen grab of that and have provided it to the clerk. It's been added to the public record, but I wanted to disclose that to the Council and to the public. I know it was likely well intended, but it's a good reminder for Council and for the public that anything that is important for you to share with one of us, it's really important to share it with all of us as Council, which is why we have continued to accept written testimony. So, just wanted to disclose that before we moved into any deliberations or any motions were made. Thank you, Mr. Mayor. Simison: Thank you, Mr. Cavener. Council, any questions or motions? Perreault: Mr. Mayor? Meridian City Council Meeting Agenda June 16,2020— Page 65 of 223 Meridian City Council June 9,2020 Page 41 of 50 Simison: Council Woman Perreault. Perreault: I just have a question for Mr. Nary. What would be the downsides, for lack of a better word, to consider a reconsideration on our part -- the city's part? Nary: Yeah. Mr. Mayor, Members of the Council, Council Member Perreault, I guess there is not really a downside. I mean certainly if that's the purview of the Council it's totally within your discretion to grant the request and reset it for a public hearing. So, from a legal perspective, which is all I can give you, there is certainly no downside. It's -- it's certainly within your discretion. Perreault: Mr. Mayor, a follow up. Simison: Council Woman Perreault. Perreault: Mr. Nary, if I understood you correctly, if we were to hold a public hearing that that hearing is just going to cover the -- the applicant's one concern regarding not having had an opportunity to comment after -- after the hearing had closed; is that right? Nary: Mr. Mayor, Members of the Council, no. It would be a full public hearing. So, it could be over -- since it wasn't a continued hearing for a limited purpose, this would have to be a new public hearing under our ordinance. It wouldn't be limited. Perreault: Okay. I must have misunderstood what you were explaining just a little bit ago. Nary: Sorry if it wasn't clear. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: So, as I understand your remarks, Bill, that it's a discretionary call by the Council that doesn't necessitate a specific finding of legal deficiency in the process; is that correct? Nary: So -- Mr. Borton, so that's what the ordinance states, is that's the basis of the request and I will pull it up real quickly just since you asked that question. It -- it basically states you have to state that in the request and basically what Mr. Clark has done is that's his basis of his request. So, to grant it -- I just want to make sure I have the proper language out of that. And it just says if the request is properly filed notice shall be provided. No additional evidence or testimony will be allowed at the meeting. At the City Council meeting the Council shall consider the request and may affirm, reverse, or modify after compliance with the procedure. If necessary the Council may direct a new public hearing and all the procedures and notices that are necessary. So, a written decision has to be issued upon a find -- or a direction here. So, again, if it's to reverse the decision Meridian City Council Meeting Agenda June 16,2020— Page 66 of 223 Meridian City Council June 9,2020 Page 42 of 50 have to have some basis to put that in the order. But the order can be, again, if it's raised that he didn't have an opportunity to present additional testimony based on concerns that were not raised at the public hearing, that's certainly within your purview. Borton: Thank you. Mr. Nary -- or Mr. Mayor. Excuse me. Simison: Councilman Borton. Borton: The reason -- my internet's kind of cutting out. Am I still connected? Nary: Yes, sir. Simison: Can you hear me? Nary: Yes, sir. We can hear you. Borton: Great. It's cutting out on my end. I will just talk and we will see. The reason that I asked that question on the scope of what authority we do have is in review of the letter and the process that we went through I don't necessarily agree that the action is legally suspect or legally deficient. So, with regards to that claim in the request for reconsideration, I don't -- I don't think that's correct. However, I do understand the perspective of the applicant in the letter in the footnotes and while this issue with Centrepoint was discussed in both hearings, I am open to the idea of a reconsideration in light of what's been presented and what very well might be an agreeable solution to a very large component of the issues that were discussed in both hearings and caused a large share of the concerns. So, I know a discussion today isn't a discussion on whether anything like that would or would not be approved, that only comes from a -- from a new public hearing as you have described, but I am -- I am supportive of the request. We rarely grant them, we rarely see them, and even more rarely do we ever grant them, but I -- I see these circumstances and the unique record in this case to support it, not because there was anything improper with the substance or the process utilized by the Council in making its decision. I do think there was ample opportunity to -- to discuss it, but there was a disconnect and -- and our ultimate goal is try and make the best decision with the best data for -- for the long term and in this very unique situation I for one think that a reconsideration makes sense. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Yeah. I could help add to that. So, in the ordinance itself, Council Member Borton and for the rest of Council, it specifically uses the word deficiency, which is also used in the statute. That does not necessarily have to rise to a legal error. A deficiency as you define it, as you want to interpret your code. My belief has always been and my argument has been to a district court on more than one occasion that the intent of these statutes and the ordinance are to allow an opportunity to address an issue again if it's appropriate Meridian City Council Meeting Agenda June 16,2020— Page 67 of 223 Meridian City Council June 9,2020 Page 43 of 50 and whatever that deficiency may be is within your discretion. So, I don't believe you are setting a precedent that it's a legal error for you to raise issues after the hearing is closed, but it's certainly within your discretion to consider on a case-by-case basis that that might be a valid reason to reconsider other opportunities to hear this over and get it right, as Mr. Borton said. So, I don't think it requires a legal finding that -- that an error was made and that a -- if a finding of the efficiency raised was -- is adequate to call for another hearing, that's within your discretion to do. Borton: Mr. Mayor? Simison: Mr. Borton. Borton: I appreciate that. That's -- I think that's very helpful for us. One of the -- the scenarios that could illustrate the fact that as to that issue -- and a project on this parcel could be developed with fewer lots that would not necessitate a second access at all as an example of, okay, a reason why I disagree with some of the representations in the letter, but, nonetheless, understand and think that reconsideration is appropriate. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I think Council -- Councilman Borton said it just about as -- as well as I could and I -- I'm in agreement with -- with what he is -- what he has shared about giving the applicant an opportunity to present again and -- and to approve the reconsideration request. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I wholeheartedly agree. I don't think there is a deficiency in our process necessarily. I think it's typical that an issue that was brought up would be the basis of a decision and I don't -- I don't think there is a disconnect in how our decision is made. So, I am open to I guess looking at this again with a public hearing in -- in light of the solution that they are bringing forward, but I want to echo Councilman Borton's comments. I don't think that they are -- I don't agree that there is a legal basis for a deficiency in our process is the reason that we are doing that. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Just wanted to chime in. I -- I would -- I would support a motion to reconsider this -- this issue. Meridian City Council Meeting Agenda June 16,2020— Page 68 of 223 Meridian City Council June 9,2020 Page 44 of 50 Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Although I believe that that connection from, you know, Centrepoint to Wainwright is extremely crucial to the importance of this -- of this deal, I don't -- I don't -- I'm the gentleman that was -- that made the motion that didn't talk before the hearing was closed and so -- but with that said, I -- I'm open to reconsideration as well and see where it goes from here. Simison: I have got a lot of people that are open to it. Does anyone want to make a motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm happy to make -- make a motion. Just real quick. Good decision, Council Member Bernt, by waiting for Council Member Borton to come and attend. I think his feedback and insight has been really helpful to us. Also, Mr. Nary, thanks for your education. Council Member Borton hit the nail on the head. I don't think in the six years I have been on Council we have ever granted one of these and so your education to us on the process has been also very very helpful. With that said I'm -- I'm in agreement with my colleagues. So, I move that we approve -- I guess this is Item 8-A and grant the reconsideration request for the Findings of Facts for the Delano Subdivision, H-2019- 0027. Bernt: Second. Simison: I have a motion and a second to approve the reconsideration. Is there any discussion on the motion? Cavener: Mr. Mayor? Simison: Mr. Cavener. Cavener: Just from a process standpoint, I assume the appellant will work with staff to determine a date for a public hearing or do we need to set that tonight? Nary: Mr. Mayor, Members of Council, Council Member Cavener, if I could. Yeah, I would -- I was going to suggest you vote on the motion first and, then, direct to the staff, but I do agree with what you just stated. Staff has to review any revisions that are being proposed. We will have to find a date. We will have to notice. Both newspaper, mailed notice and sign -- signage. So, it will probably be about six weeks out'ish. So, I want them to work with them to do that. So, if we could finish the motion and vote and, then, we make that direction we could do that. Meridian City Council Meeting Agenda June 16,2020— Page 69 of 223 Meridian City Council June 9,2020 Page 45 of 50 Cavener: Thank you, Mr. Nary. Thank you, Mr. Mayor. Simison: Okay. If there is no further discussion on the motion I will ask the clerk to call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, yea; Perreault, yea. Simison: All ayes and the motion carries. MOTION CARRIED: ALLAYES. Simison: So, with that, based on that information and the previous conversation, is there a time frame, next steps, Mr. Nary, that is being recommended? Has there been any conversations with staff or -- Nary: Mr. Mayor, not that I'm aware of. I think really if the Council would simply -- and you can do this by voice vote, too -- make a motion to -- the applicant to -- applicant to work with staff to schedule a date with the clerk's office to work through -- and to pay for the public noticing as part of this reconsideration. I think that's probably the -- enough direction we will need for tonight. Simison: Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Unless there is any other comments from anybody else, I'm supportive of that. So, I would move that we direct staff to engage with the applicant and the clerk to find a date that works for our community to have a public hearing, for the applicant to renotice as is typical with any other land use application and to pay for those associated fees and to -- Mr. Nary, am I missing anything from your perspective? Nary: No, sir. Cavener: Okay. That would be the end of my motion, Mr. Mayor. Simison: Okay. I have a motion. Do I have a second? Strader: Second. Simison: I have a motion and a second. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: ALL AYES. Meridian City Council Meeting Agenda June 16,2020— Page 70 of 223 Meridian City Council June 9,2020 Page 46 of 50 Item 9: Future Meeting Topics Simison: Okay. Thank you very much, Council. So, we are to our -- I don't know if this is Item 8-13 or Item 9 under Future Meeting Topics. Is there any future meeting topics? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I would be interested in finding out if my fellow Council Members would like to add a future meeting topic to our agenda. I will just give a tiny amount of background. I'm new to Council, but the more I have learned about our Police Department the more impressed I have become, especially without a lot of background on them, and I feel that we are doing a lot of things right, but at the same time I don't think that we take anything for granted and I would love to have either the police chief or a member of staff have an opportunity, in light of current events, to come and present to Council some detail about our procedures for the use of force and any other material that they think is important for us and the public to have as additional background on training and how we could best support them. Simison: Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Council Member Strader asked Council's opinion. I think all of us are very proud of our emergency responders, police, fire, EMTs, et cetera, both that work for the city and serve our community. Any opportunity that I think that they can come to share what are the best practices that really sets them apart from some of the other jurisdictions across the country I welcome that. I'm proud of them and think this would be a great opportunity for them to demonstrate what makes them one of the best in the nation. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Earlier in the meeting Pastor David gave -- gave a prayer and in his prayer, his invocation, he mentioned that our city is -- excuse me. Is a -- is a light in our valley. Excuse me. Simison: Take your time. Cavener: Doing great. Meridian City Council Meeting Agenda June 16,2020— Page 71 of 223 Meridian City Council June 9,2020 Page 47 of 50 Bernt: I -- I couldn't agree with him more. It's been tough. The last couple of weeks have been tough and I'm sure that many of our citizens feel the same way, but if there is -- if there is one thing that brings solace to my soul and brings a smile to my face it's great citizens who care for one another, who have reached out, who have tried to listen and who have listened and who have tried to make a difference and ultimately I'm so grateful for that, along with our citizens and the great people that they are, also grateful for our first responders who wear the badge and who honor the badge. Tracy Basterrechea said it best in his Facebook post a couple of weeks ago when he said that for one bad apple that makes poor choices there are thousands of first responders who go out on a daily basis to protect us all and I'm grateful for them as well. So, I'm grateful for Council Woman Strader for bringing this up. We spoke earlier and I thought it was appropriate for her to -- to make this recommendation to Council. I'm grateful for Councilman Cavener for his support of this recommendation as well and I'm -- and I believe that there is not a Council Member and along with the Mayor who would not agree with --with the chief or the deputy chief or whoever might want him to come speak to us next week. So, thank you so much for bringing this up. Simison: And the latitude I'm going to ask is allow me to work with our chief. Based upon some of the comments that we have seen I don't think this is going to be a simple come and have a presentation from our police chief or member of our department, if that's the direction we go, and I don't know if a City Council meeting is -- is the most appropriate venue in which to do what may be asked to being done. You know, because we have protocols, we have rules, we have -- it can make it very stifling depending upon what the expectations of Council is. If you just want to get a presentation and end the conversation at that point in time that would be one thing. If you are looking to do more than that, then, I don't know of a City Council public hearing testifying in front of a podium first week back is how you want to do that. So, if I could take that feedback, have a conversation and see what makes sense from the community and the Police Department and I will work with the Council President on options and see where we go. Strader: Mr. Mayor? Bernt: Mr. Mayor, one more thing on top of that. I think that it would make sense to work with your office -- you know, work with Shandy and Dave as well, I think they have some great insight on how that process works out as well. Simison: Yes. That's where I was going. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe just a request if it-- if it works and, again, I don't know if Council Member Strader is supportive of that, but where -- where Council Member Strader is the one that brought this as a potential agenda item, I think it would be appropriate to also involve her in that process as well to make sure the things that she's hoping are -- are captured, both Meridian City Council Meeting Agenda June 16,2020— Page 72 of 223 Meridian City Council June 9,2020 Page 48 of 50 that we have shared here tonight and kind of in her mind, that we work to address that as well. Simison: Yeah. Councilman Cavener, I assume that your Council President works with the people and all points in times when you bring up these issues. If he doesn't I will -- we could address that, but I do not try to circumvent his interaction with you all on those type of issues. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Sometimes I'm a little clumsy about how I go about it, but I appreciate your comments. I fully trust you and -- and the chief and the Council President and everyone and involve me as much as you want to to come up with a good community forum to have this discussion. I am very proud of us for not shying away from it and I'm proud of us also, because I think our community really does support our Police Department and this is a great conversation to have about what we are doing right and that we don't take it for granted. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I also appreciate Councilman -- Council Woman Strader recommending this. I had an opportunity to chat with Council Member this morning about something very similar. We were talking about this this morning and -- and about whether we would -- we would want to -- to make that same recommendation and I -- I was talking -- he was sharing with me all of the -- all the support that the Police Department has been receiving, which I am incredibly grateful for, and -- and Council Member -- and I appreciate your -- your show of emotion, now I'm going to choke up, because, you know, I haven't been teary eyed about -- about this necessarily, but I have about the state of our country and how much difficulty is happening and so I'm thankful that we have an opportunity to praise our Police Department and our first responders. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I will make one more comment. I -- I agree with that. At the same time I think it's very clear that a lot of people in our country are hurting and that they may face some circumstances that, frankly, our Council doesn't face and so I think what I would like to see from this community forum is -- which I know is true, that our Police Department is sensitive about that and that if people have concerns that -- you know, that there is a method for our community to express them and -- and that -- again that we are not taking Meridian City Council Meeting Agenda June 16,2020— Page 73 of 223 Meridian City Council June 9,2020 Page 49 of 50 it for granted that -- that we are going to -- we are willing to look at ourselves even when we think we are doing a good job, that we are willing to look hard at it. Simison: All right. Well, thank you. We -- we will find a way to effectively have that conversation. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question on a totally different subject. Next week are we back at City Council Chambers for our meeting? Simison: Mr. Nary, would you like to -- my short answer is yes, but I think there is with caveats. Nary: So, Mr. Mayor, Members of the Council, the governor has two separate orders -- emergency orders and the second one was the order that suspended the open meeting requirements of having all the Council -- or at least one Council Member in a room and the public being allowed into the room. That is set to expire on the 11th, unless the governor extends that order. We don't know for sure until we know. The governor may extend the emergency order similar to the one that we put on tonight for the Mayor, but that's the financial component piece, not the open meeting piece. We have some -- have had some feedback from the Attorney General's office that they -- that second order may not be extended, but until that occurs we don't know. At this point potentially we will need to be back in chambers next week or allow the public in. We have met with the clerk's office and IT. We think the system will work to still maintain a Zoom meeting. Again, the law only requires one of you be in the room. Again, you can all be in the room or some of you could be on the Zoom meeting as well. We can maintain the Zoom platform as a meeting forum, so that not everyone has to be in the room if they don't want to be and they can appear remotely and testify as they have been doing for the last couple of months and so we are -- we are -- we are ready to go forward with it if that's the direction we have. Simison: Council, the direction I gave to the directors and to departments today was be prepared to come just -- much like we did with City Hall, everyone's coming back and we are doing it from the room and, then, we will peel the layers of the onion out of the room as necessary and I would say that's the same for you all to determine how many of you feel like you need or should want to be there. I -- I think it's myself and one member of Council the minimum need to be in the room. We will be limiting the number of people in the room to an appropriate number, but it will not look like it did before. If I was a betting person you are looking at up to 50 seats in that room, somewhere in that -- or 50 people, including the staff and available for all Council to be present, which puts us closer to about 35 people in the audience is what we are anticipating being able to accommodate. Perreault: Mr. Mayor? Meridian City Council Meeting Agenda June 16,2020— Page 74 of 223 Meridian City Council June 9,2020 Page 50 of 50 Simison: Council Woman Perreault. Perreault: If the Council Members are present at the dais and we have the Zoom meeting up on our screens is it -- it's going to be essentially the same for us where we will be looking at the presentation on our computer screen in the Zoom meeting format. There won't be separate presentation screens from -- from the video screens? Nary: They will be up on the video screens in the room, too. Perreault: Okay. That -- okay. Simison: Council, any other items under future meeting topics? If not, do I have any other motion for the evening? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Second the motion, Mr. Mayor. 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. Opposed nay. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 8:42 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 6 / 16 / 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Meridian City Council Meeting Agenda June 16,2020— Page 75 of 223 C-/WE I� ITEM SHEET Council Agenda Item - Presenter: Estimated Time for Presentation: 0 Title of Item -Zoom Meeting Info Council Notes: REVIEWERS: Department Reviewer Action Date Clerk. Weatherly, Adrienne Approved 6/5/2020 - 12:01 PM Meridian City Council Meeting Agenda June 9,2020— Page 4 of 427 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,. �E I '! tN -- ITEM SHEET IDANO Council Agenda Item - 6.A. Presenter: Estimated Time for Presentation: Title of Item - Reconsideration Request for 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: Descripti Type Upload Reconsideration Request Letter Cover Memo 6/5/2020 REVIEWERS: Department R Clerk. Weatherly,Adrienne Approved 6/5/2020 - 11:08 AM Meridian City Council Meeting Agenda June 9,2020— Page 5 of 427 DEVELOPMENT REAL PROPERTY ZONING CLARK WARDLE T. Hethe Clark (208)388-3327 hclark@clarkwardle.com Via electronic mail May 19, 2020 Meridian City Council c/o Meridian City Clerk 33 E. Broadway Ave. Meridian, Idaho 83642 Re: Delano Subdivision (AZ, PP H-2019-0027)—INTERIM REQUEST FOR RECONSIDERATION Dear Council Members: We appreciate the City of Meridian's efforts to ensure that its citizens are heard and the interests of property owners—on both sides of these questions—are protected. As often is the case for infill projects, there are competing pressures from neighbors, agencies, utility providers, etc. We have attempted to satisfy as many of those concerns as possible. At last Tuesday's hearing, the issue that sent this discussion toward a negative motion was the possibility of N. Dashwood Ave. opening before N. Centrepointe Way is connected.' It is unfortunate that the maker of the motion did not bring up this concern while the public record was open.Z This left the applicant without the ability to respond, and resulted in a denial based upon an impossible condition (connecting N. Centrepointe Way across a third party's property) without a quantitative traffic basis for doing so. As a result, the decision is legally suspect. It also creates practical difficulties for area landowners, the City, and ACHD. It freezes area development until all of N. Centrepointe Way is connected, requiring all property to be in single ownership, or all property owners to be in lockstep with development plans and timing. The currently approved motion effectively prevents completion of the roadways on the master street map and the City's sewer and domestic water loops. ' The proposed written findings in this project include statements that the annexation of this property "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." (Draft Findings,Section B.5). z The public and the applicant should not be surprised when an issue becomes the ultimate deciding factor but was not discussed during the public hearing. Yes, the N. Centrepointe Way connection was discussed in November; however, the situation had changed significantly since then, with the primary subdivision access being removed from N. Dashwood Ave. and replaced with a temporary emergency access. If this was not enough to address those concerns,the point should have been raised during the public hearing to allow the public and applicant to respond. T.Hethe Clark Geoffrey M.Wardle Joshua J.Leonard Ryley Siegner T:208.388.1000 251 E Front St,Suite 310 F:208.388,1001 PO Box 639 arkv�prdl9m Boise ID 83701 Meridian City Council Meeting Agenda June 9,2020— age b oft All of this resulted in new information on several fronts. In addition to the apparent imposition of an impossible condition, we are now aware that the Council is unwilling to approve this project if there is any possibility that N. Dashwood Ave. will be open before N. Centrepointe Way is connected to E. Wainwright Dr.—despite the transportation authority's approval of the project. We believe we have a very simple solution that addresses the concern of those who voted in favor of Tuesday night's motion. Here is the proposal: • We propose to amend the phasing plan to remove N. Dashwood Ave., Lots 1-4 of Block 1, and Lot 1 of Block 4 from Phase 1 of the Project. Each would be in a new Phase 4, as shown below: I � I I v 1." ••v... al as am r.a rm Ie r •a a rr mm & 9a I R 4$ SB a B ,m. a14, 4 mm .mm .am 8 rs. 8 ,m- B'1 B sry BI •r a ®v —v a I Y _ _______ B ' 9q9q M•® I P ry —v S' w ' wv � I_�a —®' I ml II a vrr 7 - 91 a� i pia uva O $ — _ ------- a„ — —1-- - --- -_ -- -� �•`x'�� i�as ®s a e®e o B , a e 4®rg.ae.g.® a®.g�B a x I • The N. Dashwood Ave. stub would not be dedicated with Phase 1. It would not become a public roadway until it is made part of a final plat with Phase 4. Because N. Dashwood Ave. would not be dedicated to ACHD, we would be allowed to construct an emergency access to the City of Meridian Fire Department standards and landscape to the edges of that emergency access and connect a much-needed domestic water loop for the City. • Phases 1 through 3 would move forward with the primary access on E. Jasmine St./N. Centrepointe Way and an emergency-only access at the future location of N. Dashwood Ave. • Phase 4 would only be allowed to proceed once N. Centrepointe Way has connected to E. Wainwright Dr. This could be a condition of the development agreement for this project. If the Council reconsiders its motion based upon this new phasing plan, it will accomplish what the current ACHD condition mandates (emergency-only until N. Centrepointe Way connects), but will preclude the scenario Council Members Bernt, Borton, and Strader feared: N. Dashwood Ave. opening before the N. Centrepointe Way connection is complete. Control is back in the City of Meridian's hands Meridian City Council Meeting Agenda June 9,2020— Page 7 of 427 because the City can prevent a connection to N. Dashwood Ave. by enforcing this phasing plan as a condition of approval. And there is no inconsistency between the ACHD and City of Meridian positions. Meanwhile, the Delano project and area remains more than adequately connected, as shown below: } Delano Neighborhood Street Connectivity PI s e e +1 1 . slow O � `'f o � � 1 - NNW• In addition, as illustrated in the ACHD findings in this case, area roadways remain well within capacity. As one example, N. Centrepointe Way has a daily 5,000 trip capacity. At full buildout of Delano subdivision, the total number of trips on N. Centrepointe Way is expected to be 3,106, or about 62% capacity. Clearly, the data show that this project will not have an adverse effect until such time as N. Centrepointe Way connects. In the meantime, emergency and pedestrian connections will be retained and homes north of Delano will have the opportunity to walk to retail and stores to the southeast. Meridian City Council Meeting Agenda June 9,2020— Page 8 of 427 We understand and appreciate that the neighbors may not be satisfied until they have a permanent emergency-only access. It was unclear whether the majority of Council agreed with the neighbors' position; however, this phasing plan also gives these neighbors time to attempt to revisit the issue as other connections to Alpine Pointe come on line that might aid in their argument. Accordingly, we ask that the Council entertain reconsideration with the benefit of Staff's evaluation of this new phasing plan. We understand that the matter would then be taken up at a follow-up public hearing, at which this phasing plan would be considered. Thank you for your consideration. Very truly yours, 'J_ � CC- T. Hethe Clark HC/bdb c: Client City Attorney Meridian City Community Development Staff Meridian City Council Meeting Agenda June 9,2020— Page 9 of 427 / E IDIAN WIN ' L IDAHO Planning and Zoning Public Hearings Staff Outline and Presentation Meeting Notes: Changes to Agenda: Item#613: Cedarbrook Subdivision—The applicant is requesting continuance to the July 7ch hearing to address design issues with ACHD Commission on June 17th.Staff supports the request,so we have adequate time to amend the staff report based on the decision of the AND Commission. Item#6C: McKay Farm Subdivision (H-2020-0030) 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: 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. (Make note about frontage improvements and ACHD staff report). 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.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. Following the City Council meeting two weeks ago, the Applicant provided staff with a conceptual elevation of the proposed amenity, a picnic shelter. If Council approves of this conceptual design and size, Staff recommends that Council add an additional condition requiring the Applicant to build something substantially similar to the submitted elevation. 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. 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 S. Eagle Rd.,a major arterial roadway, and resides too close to an existing intersection at Taconic and Eagle Road to allow for an additional public 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 and this project proposes just that. Residents in this subdivision would enter and leave the property via extension of E. Mardia St.;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.S. Montague Way is the closest and most logical local street connection for residents to access E.Taconic Dr., the residential collector roadway that intersects Eagle Rd. In the previous public meeting,City Council discussed the need for a parking plan. The Applicant has provided staff with a parking plan showing all of the required parking and the additional on-street parking that would be available due to the street section being 33 feet wide. Staff finds the submitted parking plan shows adequate parking for this subdivision and any quest parking. 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 ACHD 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. G. 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 Applicant is not in agreement with some of the Commission changes to the DA and conditions of approval. Therefore, the Applicant did not submit revised plans to Staff prior 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 June 9, 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 June 9,2020,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#6D: Victory Commons(H-2019-0150) Application(s): Preliminary Plat Size of property,existing zoning,and location: This site consists of 16.74 acres of land, currently zoned C-G, located at the 3030 S. Meridian Road and 130 E.Victory Road. History: AZ-03-038; PFP-03-007; H-2019-0091 and DA inst.#2019-119405 and Three(3) CZC approvals-A-2019-0361;A-2020-007 and A-2020-0063 Comprehensive Plan FLUM Designation: Commercial.The current zoning of C-G is consistent with this designation. Summary of Request: The request before you is for a preliminary plat consisting of 12 building lots and 4 common lots on 16.74 acres of land—to develop in two(2) phases.The first phase consists of the northern half and the second phase is the southern half as shown. The site is currently developed with a commercial nursery and a multi-tenant building.There is an urgent care facility that is currently under construction along the north boundary of the site. Other uses approved for the site include a retail paint store and a multi-tenant flex building. The primary access to this site is proposed via S. Meridian Road,a state highway(right-in/right-out only)and full access via E.Victory Road,an arterial street.The approved development agreement for this property allows these accesses to remain in accord with ITD and ACHD policies. No other access points are approved or proposed with this development. ACHD staff has concluded that the proposed development meets the current thresholds of the adjacent roadways and is not requiring any further roadway improvements to Victory Road. ITD and the City has required the existing access to Meridian Road close in support the new access as shown, predicated on the it being restricted to a right-in/right-out only,construction of a center median and a northbound right turn lane into the development and dedication of additional right-of-way for future expansion. All lots in this subdivision are subject to cross-access and parking easements per the note on the plat and the recorded development agreement including the two commercial properties at the intersection of Meridian and Victory Roads and the R-4 property on the east boundary. A 35-foot wide buffer is required along S. Meridian Road, an entryway corridor,and a 25-foot wide buffer is required along E.Victory Road,an arterial street.The buffers along S. Meridian Road and E.Victory Road should be depicted on the plat on a common lot or on a permanent dedicated buffer maintained by the business owners'association. Per the amended development agreement,the applicant is required to construct the 25-foot landscape buffer along E.Victory Road prior to occupancy of the first structure on the property.The required landscape buffers shall be measured from the ultimate right-of-way as anticipated by the transportation agencies. A 25-foot buffer is require when C-G zoned property abuts residential uses.The applicant has shown the required buffers in accord with UDC standards however,the buffer is required to be installed with lot development. Conceptual building elevations were submitted and approved with the amended development agreement.As noted above,several buildings have been approved for construction within the proposed development consistent with these elevations and the ASM.All future structures are required to comply with the elevations in the amended development agreement,the design standards listed in UDC 11-3A-19 and those in the Architectural Standards Manual. Commission Recommendation: Approval at the May 7th hearing Summary of Commission Public Hearing: i. In favor: Geoffery Wardle ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Key Issue(s): None Key Issue(s)of Discussion by Commission: i. Height of proposed structures ii. Pedestrian connection from the adjacent residential subdivision iii. Timing for the Victory Road access iv. Parking ratio for the proposed development v. Timing for the installation of the 25-foot wide landscape buffer along Victory Road Commission Change(s)to Staff Recommendation: None Outstanding Issue(s)for City Council: None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff,applicant and public testimony, I move to approve File Number H-2010-0150,as presented in the staff report for the hearing date of June 9, 2020: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0150,as presented during the hearing on June 9,2020,for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0150 to the hearing date of[date]for the following reason(s): (You should state specific reason(s)for continuance.) 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FRi 5—E]IRPoLATCF1LeJ�TOeE-0CNiAAEe WI w —rI I AI AILl.4.lEVEELEAT MIEN�O/aiFll IXfi&DE CF PllE1.IC �-� � ND•�`iH£ 916py — — — Ilf Jtt EYii LE AT. �I f �. 11 - -- ------------ �..�-- - -f - - - F ;nA= P/�163 PLANTsGIHEoULE Proposed La ndsca pe Plan 2 �,(•; I lilt --o _.._�.�,� .v > b ——1 — ------•—••—•------ �4— — 1-1 I .I g u / . - f C J7 - ._ •-... �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item - 6.13. Presenter: Estimated Time for Presentation: 0 Title of Item - Public Hearing for Cedarbrook Subdivision (H-2020-0012) by Toll Southwest, LLC, Located at 4185 S. Linder Rd. Click Here for Application Materials Council Notes: ATTACHMENTS: Planning and Zoning Minutes Minutes 5/12/2020 REVIEWERS: Clerk. Weatherly,Adrienne Approved 6/5/2020 -9:55 AM Meridian City Council Meeting Agenda June 9,2020— Page 10 of 427 �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item - 6.C. Presenter: Estimated Time for Presentation: 0 Title of Item - Public Hearing Continued from May 26, 2020 for McKay Farm Subdivision (H- 2020-0030) by Fairbourne Development, LLC, Located Near the Half-M ile Mark on the West Side of S. Eagle Rd. Between E.Amity Rd. and E. Lake Hazel Rd. Click Here for Application Materials Click Here to Sign Up to Testify Council Notes: ATTACHMENTS: Descriptj Lloa Commission Recommendations and Staff Report Staff Report 5/19/2020 Planning and Zoning Minutes Minutes 5/19/2020 REVIEWERS: Department W Reviewer Action Clerk. Weatherly, Adrienne Approved 6/5/2020 - 11:07 AM Meridian City Council Meeting Agenda June 9,2020— Page 42 of 427 STAFF REPORT C:�*%_ W IDIAN --- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/26/2020 Legend DATE: _ Project Location TO: Mayor&City Council FROM: Joe Dodson,Associate Planner 208-884-5533 Bruce Freckleton,Development Services Manager 208-887-2211 - --- SUBJECT: H-2020-0030 '---- McKay Farm Subdivisionoe - , , 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 1/4 of the SE 1/4 of Section 32, Township 3N.,Range 1E. I. PROJECT DESCRIPTION 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, by Fairbourne Development, LLC. II. 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 1 amenity—Picnic area with shade structure. Physical Features(waterways, N/A hazards,flood plain,hillside) Page 1 Meridian City Council Meeting Agenda June 9,2020— Page 43 of 427 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 VIILI • Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Access is proposed via extension of an existing local street Hwy/Loca1)(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 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 VIILD). 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 Trunkshed Page 2 Meridian City Council Meeting Agenda June 9,2020— Page 44 of 427 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 0' • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Water YES Master Plan • Impacts/Concerns Water must be extended and connected to S.Eagle.Rd. C. Project Area Maps Future Land Use Map Aerial Map Legend MU-N 0 Legend 0 Ci Project Location Project Location �LoLwD�eZnT�s Res di entiai f _ •� �Mediu�m,D�ens�i'�ty ®Resi ntia__ r err sr Eno M Med�High Density Residential® Zoning Map Planned Development Map Page 3 — Meridian City Council Meeting Agenda June 9,2020— Page 45 of 427 Legend UT C 0 Legend 0 Project Location aProject Location fCity Limits 4 2 f Planned Parcels f R=_2J E E rA R8 RUT R =15 ® r RUT R-2 ' R-4 III. 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(htt�s://www.meridianci�.org/com�lan://www.meridianci�.org/com�lan) 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 of Meridian 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 June 9,2020- Page 46 of 427 Future Land Use Map (FLUM)designation definitions. Certain densities are required to be met on this property and the proposed project meets the densities listed above. In addition, the proposed zoning and density are consistent with that of the surrounding development. Therefore, Staff finds the density proposed with the preliminary plat and proposed 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 67-651IA.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.A1. The DA is required to be signed by the property owners)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. B. Comprehensive Plan Policies(https:llwww.meridianciU.or /g compplan): 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" (2.01.01 G). The proposed R-8 zoning and proposed land use of single 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 half a mile of the site, there are a multitude of land-uses that include existing lower density residential, civic (school and park sites), neighborhood commercial, and future mixed-use FL UM designations. Due to the nearby mix of existing and future uses and the size of this site, Staff finds the proposed project 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 their frontage of Eagle 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 square feet) 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 school for 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).All public utilities are available for 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 June 9,2020— Page 47 of 427 precisely at the edge of Meridian Fire Department's 5 minute response time goal. However, a future fire station is proposed within a mile of this development and would therefore further lower the response time—the station is currently unfunded. ACHD has both nearby arterial intersections on Eagle Road(Amity and Lake Hazel)planned for widening and improvement within the next 3 years therefore lining up well with the timeline of development for McKay Farm Subdivision. West Ada 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 numbers for 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 believes future school sites will help relieve some of the overcrowding experienced in the district but defers to Commission and Council judgement regarding these issues. Overall, Staff finds 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 development from the subdivision to the west, Sky Mesa Commons. There are two existing driveways from this site onto S. Eagle Rd, an arterial roadway, and both are proposed to be closed with this new development. Staff and ACHD worked with the Applicant 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 project proposes 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 their plat design, the Applicant has proposed building lots that are no smaller than 5,900 square feet, 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 landscaping for 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" (4.05.0IF).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 June 9,2020— Page 48 of 427 seen in Exhibit HID, the proposed open grassy area in this development would function as the development's own pocket park due to its size and central location. Because the open space is not spread throughout the development, Staff finds it will be heavily used for recreation. In addition, the Applicant has proposed parkways throughout the project, adding further landscaping to the aesthetic of the development. Staff finds 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 11-2A-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 VIII.AI). According to the submitted preliminary plat, all lots appear to meet the required zoning and use requirements. E. Dimensional Standards(UDC 11-2): 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 11-6C-3). There are four(4) common driveways proposed; such driveways should be constructed in accord with the standards listed in UDC 11-6C-3D. An exhibit should be submitted with the final plat 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 June 9,2020— Page 49 of 427 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 and ACHD policies regarding access points to arterial roadways. According to the above referenced code section, this is twelve more homes than is allowed by code off of a single access. However, staff does not find 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 came from. The streets in question with this project do not adhere to that logic because they make a square and loop back around to itself creating a pseudo-grid within the street layout. The street layout proposed is more uniform and provides easier fire and emergency access than a cul-de-sac or other dead end street turnaround. This discrepancy has created the need for staff to propose a UDC update and make this section of code more precise while also allowing for adequate subdivision design when arterial roadways are indeed treated as physical barriers like that of steep slopes or railroad tracks. G. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. No parking plan was submitted with the application. H. Pathways (UDC 11-3A-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 11-3A-17): Detached sidewalks are proposed along all internal local streets as part of parkways, in accord with the standards listed in UDC 11-3A-17. J. Parkways (UDC 11-3A-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 11-3A-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 11- 3B-7C. The total lineal feet of parkways and required number of trees is included in the Page 8 Meridian City Council Meeting Agenda June 9,2020— Page 50 of 427 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 square footage of common open space are included in the Landscape Calculations/Requirements table along with the required number of trees to demonstrate compliance with UDC standards. L. Qualified Open Space (UDC 11-3G): A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-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 VILD). M. Qualified Site Amenities (UDC 11-3G): 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 Staff finds 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-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-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 VIILA3). O. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): 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 June 9,2020— Page 51 of 427 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 VIII.A 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 approval of the subject Annexation and Preliminary Plat requests. 1. Summary of Commission public hearing: a. In favor: Sam Johnson,Applicant 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. e. Staff presenting application: Joseph Dodson f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony a. Access for this subdivision going shy 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. 3. Key issue(s)of discussion by Commission. a. History of parcel and available vehicular access points for subdivision. b. Potential for the applicant and the Boise Hunter Homes to discuss sharing costs associated with the installation of the future signal at Taconic Drive and Eagle Road 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 1 to singlery homes. b. Add a DA provision requiring tot-lot be added to open space lot(Lot 1,Block 2)as an additional qualifying in ag menity. C. Add a new DA provision and condition of approval restricting number of lots served by common drives to no more than two(2)lots. (NOTE:Applicant is not in agreement with this condition and has not provided staff with a revised plat. 5. Outstandingissue(s)ssue(s) for City Council: a. None. C. Council Hearing To be heard at future date. Page 10 — Meridian City Council Meeting Agenda June 9,2020— Page 52 of 427 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. A� E D Prepared by: Kyle A.Koomler,PLS �M Se Civil Survey Consultants,Incorporated March 3, 2020 ¢ 187 0 0 3-3-ZO F A. K Page 11 Meridian City Council Meeting Agenda June 9,2020— Page 53 of 427 EXHIRI T B SKETCH TO ACCOMPANY BOUNDARY DESCRIPTION FOR HSU INVESTMENTS L L C LOCATED IN THE NE 714 OF THE SE 714 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 7 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 114 8LACKPOCK SUBDIVISION NO, 1 472.07' N 89'48 41" W 528.16' 50.j 16' 25.00" a i 2 o i m Z o SCALE-- 1=120' � to V N g I� o 1z i o RECORD OF SURVFY N NO.s 6590, 6601 w O 14. 1 a O 2 j pL L NO o C-3 18780 o I �i 9l f O F U I IFA. KO��� m 75.00' S£ V I C I POINT OF 9FGINNING 801.57' 503.25' • S 894,6 41""F 1329.82" ry S V16 CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208}888-4392 32 33 5 4 Page 12 Meridian City Council Meeting Agenda June 9,2020— Page 54 of 427 B. Conceptual Site Plan(date: 1/31/2020) a5 Iv� l � 1 II Noisimcons Vs3w"s ..: 55 I I isrDinn M iN3a 3 '^ isN_si D91W3 77, 4 CS) j is vaavwa Ln CO 02 Q0 1 C _ ,Va3ivl 113wMD :� w a CE f LL w a 's Q Cf) 0 9 I— LLJ LO cc �T. 4 ,r Page 13 — Meridian City Council Meeting Agenda June 9,2020— Page 55 of 427 C. Preliminary Plat(date: 1/31/2020) a Dqist� aAa[ls 3�VH H-N EsaOx aNV saaalII9Na'JMx'IIIsaOD NOISI/1109(1S W2it/� Jkb'>I�W P nx '�NI 'SLNdLTfISNO� ]CBAiIRS IIAI� 1H-1d.QJVNIWl-1A?ld m M a€� l n w 1749a,as S a q Yo 3F tl a F mr�ww �3z @ ik e a a to F �e�o9 -- -- -- 1 { \ Fir I 4 o-- 01 ---- ® = as — dl �a a i r rn - o i � , qI Ali ! ,4t 'x ®- �� =1 ii — — Q 3 // �r 9 J — - T, l m z w K � Qi 09 5 ga Page 14 Meridian City Council Meeting Agenda June 9,2020— Page 56 of 427 D. Open Space Exhibit(date: 3/16/2020) CITY OF MERIDIAN _ __i _ -M OPEN SPACE REQUIREMENTS T QUALIFIED OPEN SPACE 1016 oPBI SPACE wP wi FD rorAL AAA, � ir>F I I I I I (OUALIFIEA oPRu 5r, 45BX15 5F 4SM25 Oo CU 5 A J SoAN a.15 A (lobo AC) m 10.." ® I® I® I ® I I LANDSCAPE LEGEND C ALWIEv OPEN SPACE E RENWICK ST. I ® ARE KWAY)' ® I 4,649fi49 S SQ.FT. 1 ® ® I I I u.i QAREA (D I I I Q ® Y SO F E7 r -7 F vi 0 10 I I LU Q 0 k-2 _ E MERGHISON ST, ®— I I I I I and I I 1 I I I I a� I 7 I I I I L LI Q � I 1 — I 0 I (D I ® I ® I ® I I AREA(PARKLVAV MINUS CURB CUTS). _ L------ 10s07saF7. � E.MARDIA ST I------- I I I m o I I I C I I I I I w I I I - - J Scale:1'=100'-0" „16pineb 0 311 6/2 02 0 :Esmm ° MCKAY FARM SUBDIVISION 19081 5875 S. EAGLE ROAD OPEN SPACE EXHIBIT x1.0 Gedm Ciw,Id"M10 BA]19 Page 15 — Meridian City Council Meeting Agenda June 9,2020— Page 57 of 427 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 June o.znzo- Page oeof4zr F. Conceptual Building Elevations ■ow Ap ]I r - 3 _ 4 Page 17 — Meridian City Council Meeting Agenda June 9,2020— Page 59 of 427 3 r a i Page 18 — Meridian City Council Meeting Agenda June 9,2020— Page 60 of 427 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 VII 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 exempt from 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 preliminary_plat, shall be restricted to single-story homes. £ A tot-lot amenity shall be added to the central open space lot(Lot 1,Block 2) prior to receiving any 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 39). 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 June 9,2020— Page 61 of 427 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 11-2A-6 for all buildable lots. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 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 June 9,2020— Page 62 of 427 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 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. Page 21 Meridian City Council Meeting Agenda June 9,2020— Page 63 of 427 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.org/WeUink/DocView.aspx?id=184768&dbid=0&r0o=MeridianC iv IX. POLICE DEPARTMENT (MPD) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=184712&dbid=0&redo=MeridianC i &cr--1 X. PARK'S DEPARTMENT No comments at this time. XI. BOISE PROJECT BOARD OF CONTROL https:llweblink.meridianciU.orglWebLinkIDocView.aWx?id=184913&dbid=0&repo=MeridianC hty Page 22 — Meridian City Council Meeting Agenda June 9,2020— Page 64 of 427 XII. CENTRAL DISTRICT HEALTH DEPARTMENT (CDH) https://weblink.meridianciU.oty_lWebLink/DocView.aspx?id=185623&dbid=0&r0o=MeridianC iv XIII. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) HTTPs://WEBLINKMERIDIANaTY.ORG/WEBLINK/DOCVIEW.AsPX?ID=185204&DBID=0&REPO=ME RIDIANCITY XIV. ADA COUNTY HIGHWAY DISTRICT (ACHD) https:llweblink.meridiancily.orglWebLinkIDocView.aWx?id=186140&dbid=0&repo=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; Commission finds 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; Commission finds the proposed zoning map amendment will allow for 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; Commission finds 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 Commission finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Commission finds the proposed annexation is in the best interest of the City per the Analysis in Section V. B. Preliminary Plat Findings: Page 23 — Meridian City Council Meeting Agenda June 9,2020- Page 65 of 427 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 report for 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 from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VII for 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. ACHD 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 of any significant natural, scenic or historic features that exist on this site that require preserving. Page 24 — Meridian City Council Meeting Agenda June 9,2020— Page 66 of 427 �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item - 6.D. Presenter: Estimated Time for Presentation: 0 Title of Item - Public Hearing for Victory Commons (H-2019-0150) by BVA Development, LLC, Located at 130 E. Victory Rd. and 3030 S. Meridian Rd. Click Here for Application Materials Click Here to Sign Up to Testify at Hearing Council Notes: ATTACHMENTS: load Commission Recommendations and Staff Report Staff Report 6/4/2020 Planning and Zoning Minutes Minutes 5/12/2020 REVIEWERS: Department Reviewer Action Clerk. lWeatherly,Adrienne Approved 6/4/2020 -7:58 PM 0 Meridian City Council Meeting Agenda June 9,2020— Page 92 of 427 STAFF REPORT C:�*%- W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING June 9,2020 Legend s DATE: lei Project Unaiion TO: Mayor&City Council FROM: Bill Parsons, Current Planning r' Supervisor 208-884-5533 Bruce Freckleton,Development Services Manager 208-887-2211 SUBJECT: H-2019-0150 Victory Commons - r LOCATION: 130 E.Victory Road and 3030 S. Meridian Road, in the southwest'/4 of Section 19, T.3N. R.1E. I. PROJECT DESCRIPTION Preliminary plat consisting of twelve(12)building lots on 16.74 acres of land in the C-G zoning district. Page 1 Meridian City Council Meeting Agenda June 9,2020— Page 93 of 427 II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 16.74 Future Land Use Designation Commercial Existing Land Use — Multi-tenant building and Commercial Nursery Proposed Land Use(s) Mix of commercial Current Zoning ir C-G Proposed Zoning NA Lots(#and type;bldg/common) 12 building lots Phasing plan(#of phases) 2 Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date;#of April 20,2020;7 participated via Zoom and one inquired via attendees: email History(previous approvals) AZ-03-038;PFP-03-007;H-2019-0091 and DA inst.#2019- 119405 and Three(3)CZC approvals-A-2019-0361;A- 2020-007 and A-2020-0063 B. Community Metrics Page 2 — Meridian City Council Meeting Agenda June 9,2020— Page 94 of 427 Description Details Page Ada County Highway District • Staff report Yes (yes/no) • Requires ACHD No Commission Action(yes/no) Fire Service • Distance to Fire 2 miles from Fire Station#6 Station • Fire Response 4 minutes under ideal conditions Time _ • Resource Current reliability is unknown at this time for this station as it will open in Reliability March of this year. • Risk Identification This proposed commercial development has a risk factor of 4,in which current resources would not be adequate to supply service to this propose project.Risk factors include industrial buildings with unknown uses or chemicals involved. This entails a greater risk for the occupants as well as first responders.Fire,life safety systems and occupant training are critical for this development. Other hazards may be found once the development is completed. • Accessibility This project meets all required access,road widths and turnarounds.Any building over 30' in height will need 26' drive aisles around it for ladder truck access.The roadways shall be maintained 365 days a year for fire,EMS and police responses. • Special/resource This proposed project will require an aerial device.The closest truck company needs is 7 minutes travel time(under ideal conditions)to the proposed development, and therefore the Fire Department can meet this need in the required timeframe if a truck company is required. This fire station is approximately 2.5 miles from the project. In the event of a hazmat event,there will need to be mutual aid required for the development. In the event of a structure fire an additional truck company will be required.This will require additional time delays as a second truck company is not available in the city. • Water Supply Requires 2,000 gallons per minute for 2 hours;may be less if building is fully sprinklered Police Service • Distance to Police 3 miles Station • Police Response The expected response time to this area in an emergency is about 3 1/2 Time minutes. The average emergency response time in the City of Meridian is just under 4 minutes. • Calls for Service 449 • %of calls for See comments in Section VIII.D service split by priority • Accessibility The Meridian Police Department has no concerns with access into the 1 proposed development. • Specialty/resource The Meridian Police Department already serves this geographic area and does needs not require additional resources at this time. • Crimes 81 ' M ' Page 3 — Meridian City Council Meeting Agenda June 9,2020— Page 95 of 427 • Crashes 56 • Other Reports The Meridian Police Department has no outstanding issues concerning this development application. Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed Ten Mile Trunkshed • Estimated Project See application information Sewer ERU's • WRRF Declining 13.83 Balance • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/Concerns Additional 3,758 gpd of commercial flow and 296 gpd of infiltration flow committed to model. Water • Distance to Water Directly adjacent Services • Pressure Zone 4 • Estimated Project See application Water ERU's • Water Quality None Concerns • Project Consistent Yes with Water Master Plan • Impacts/Concerns There are two existing 8-inch sanitary sewer stubs that are not being utilized and must be abandoned at the main. One stub is located off of Meridian Rd and the other stub is located off of Victory Rd. Page 4 Meridian City Council Meeting Agenda June 9,2020— Page 96 of 427 C. Project Maps Future Land Use Map Aerial Map Leg-end Legend iu id n i'di W 51 ... ia, n i I High nsify n.f I real d Zoning Map Planned Development Map Legend Legend PrciE6ai Lcou-5on Id Project i-maton I -- a 6 RUT City Lim L W7 .8 RLIT— Ku n re d P ci-a els C-G �b-T R- PTM Li RUT R-145 HEM IR .8 RUT 111. APPLICANT INFORMATION A. Applicant/Representative: BVA Development 2775 W.Navigator Dr., Suite#220 Meridian,ID 83642 B. Owner: Kuna Victory LLC 901 Pier View Dr., Suite#210 Page 5 Meridian City Council Meeting Agenda June 9,2020- Page 97 of 427 Idaho Falls,ID 83402 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 4/17/2020 05/19/2020 Radius notification mailed to properties within 300 feet 4/14/2020 5/22/2020 Public hearing notice sign posted 4/7/2020 5/28/2020 on site Nextdoor posting 4/14/2020 5/19/2020 V. STAFF ANALYSIS Comprehensive Plan(https://www.meridiancity.or /�pplan): This property is designated Commercial on the City's Future Land Use Map(FLUM) contained in the Comprehensive Plan. This designation provides a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses,as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities.As noted above,the subject property is currently zoned C-G and the amended development agreement for this property depicts a mix of commercial uses to serve area residents as follows: medical office,retail and flex space which is consistent with the land use designation. 3.02.00 -Maintain, improve, and expand the City's infrastructure to meet existing and growing demands in a timely, orderly,and logical manner. The property is currently using City services. Public Works has no concerns with further intensification as the proposed development is extending City infrastructure in accord with the adopted water and sewer master plan. 3.02.01 G-Establish and maintain levels of service for public facilities and services,including water, sewer,police,transportation, schools,fire, and parks. The proposed development is already being provided City services and should not increase the impact to these facilities. The commercial development will not impact the local schools or City parks. The transportation agencies (ITD and ACHD) have assessed the impacts to the transportation network. ACHD is not requiring any further improvements to the Victory Road and ITD and the City Council approved the relocation of the Meridian Road access with the approval of the amended development agreement. The applicant has secured the necessary permits from ITD to construct the new access, including the construction of a deceleration lane on S.Meridian Road to mitigate traffic concerns. 5.01.02D -Require appropriate building design,and landscaping elements to buffer, screen, beautify,and integrate commercial,multifamily, and parking lots into existing neighborhoods. With the approval of the amended development agreement, the Council approved a conceptual site plan and building elevations for the development. The conceptual site design depicts buildings along the periphery and parking internal to the development. Due to the existing topography of the area, the commercial development is several feet lower than the adjacent residential development and the existing 60 foot Kennedy Lateral easement provides adequate buffering. The Council was also sensitive to the concerns of the surrounding residential development and limited the building height to 35 feet in the amended DA. To integrate the Page 6 Meridian City Council Meeting Agenda June 9,2020— Page 98 of 427 commercial and adjacent residential development, the pedestrian pathway constructed with the residential development is being extended into this development with the construction of the Urgent Care facility in the northern portion of the development. A. PRELIMINARY PLAT The proposed preliminary plat consists of 12 building lots on 16.74 acres of land in the C-G zoning district. This is a re-subdivision of Lot 2,Block 1 and Parcel A of ROS 8699 of Mussell Corner Subdivision. Existing Structures/Site Improvements: The site is developed with a commercial nursery and a multi-tenant building. There is a urgent care facility that is currently under construction along the north boundary of the site, approved with file No. A-2019-0361. Other uses approved for the site include a retail paint store and a multi-tenant flex building. Dimensional Standards(UDC Table 11-2B-3): The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. The C-G district has no minimum lot size or street frontage requirements. Phasing Plan: The subdivision is proposed to develop in two(2)phases as shown on the phasing plan in Section VII.A. Phase 1 consists of the northern half of the development and phase 2 is the southern half. Access(UDC 11-3A-3,11-3H- : The primary access to this site is proposed via S. Meridian Road, a state highway(right-in/right- out only)and full access via E. Victory Road,an arterial street. The approved development agreement for this property allows these accesses to remain in accord with ITD and ACHD policies.No other access points are approved or proposed with this development. All lots in this subdivision are subject to cross-access and parking easements per the note on the plat(note#9)in accord with UDC 11-3A-3A.2. Further,the applicant is depicting a shared driveway with the C-store on the south boundary of Lot 4,Block 1. There are two other parcels the abut this site that also require cross access per the amended DA. Prior to signature on the first phase of the plat,the applicant shall grant cross access to parcel#R5915720030, R5915720042 and R6242270030 in accord with the amended development agreement. Traffic: The applicant has submitted a traffic study to ACHD for review and approval. ACHD has reviewed the traffic's impact against current ACHD policies. ACHD staff has concluded that the proposed development meets the current thresholds of the adjacent roadways and ACHD is not requiring any further roadway improvements to Victory Road. As mentioned previously,the Council and ITD approved the relocation of the S.Meridian Road access with the approval of the amended development agreement.The applicant did provide a traffic study to ITD to analyze the relocation of the access.ITD required the existing access to Meridian Road close and supported the relocation of the new access predicated on the it being restricted to a right-in/right-out only,construction of a center median and a northbound right turn lane into the development and dedication of additional right-of-way for future expansion.Both ACHD and City staff recommend that the applicant comply with ITD requirements. Pathways(UDC 11-3A-8): The UDC requires a 10-foot multi-use pathway along the Meridian Road frontage. Currently, there is a five foot detached sidewalk constructed along this frontage. With the closure of the northern most access,the applicant is responsible for extending a portion of the 10-foot pathway Page 7 Meridian City Council Meeting Agenda June 9,2020— Page 99 of 427 in the area of the access closure and connect the new segment of 10-foot pathway to the existing 5-foot sidewalk. The City is not requiring the extension of the pathway along the entire frontage, however, it is the desire of the City to have a 10-foot pathway installed along the entire frontage some day. For now,the applicant shall record a pedestrian easement over the new segment of the pathway and existing sidewalk to facilitate expansion in the future per the amended development agreement. Sidewalks(UDC 11-3A-1 Sidewalks are required to be constructed adjacent to all public streets as set forth in UDC 11-3A- 17. A 5-foot detached sidewalk exists along E.Victory Road in accord with UDC standards. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided as set forth in UDC Table 11-2B-3 for the C- G zoning district in accord with the standards listed in UDC 11-313-7C. As noted above,there is an existing 60-foot wide Kennedy Lateral easement along the northeast boundary of the development and significant slopes. Constructing a buffer between the commercial property and the residential use is not feasible. The UDC allows the existing lateral to act as the adequate buffer to the residential use provided the applicant construct a 5-foot wide landscape buffer outside of the easement and landscape the area in accord with UDC 11-313-9 or gain NMID approval to construct the buffer within the easement as proposed on the submitted landscape plan. However, on the east boundary,the property does abut a residential property,zoned R-4. With phase 2 of the development and when development is proposed for Lot 9,Block 1,the applicant will be responsible for constructing a 25-foot wide landscape buffer on the east boundary with trees that touch at maturity in accord with UDC 11-3B-9C. A 35-foot wide buffer is required S.Meridian Road, an entryway corridor, and a 25-foot wide buffer is required along E. Victory Road, an arterial street. The buffers along S.Meridian Road and E.Victory Road Way should be depicted on the plat on a common lot or on a permanent dedicated buffer maintained by the business owners' association in accord with UDC 11-3B-7C.2b.Per the amended development agreement,the applicant is required to construct the 25-foot landscape buffer along E.Victory Road prior to occupancy of the first structure on the property.The applicant shall revise the submitted landscape plan to include the 25-foot landscape buffer per the amended development agreement. The required landscape buffers shall be measured from the ultimate right-of-way as anticipated by the transportation agencies in accord with UDC 11-3B-7Cl.c. Waterways(UDC 11-3A-61: The Kennedy Lateral traverse the along the northwest boundary of the development and is piped in accord with UDC standards. Utilities(UDC 11-3A-21): Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. 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-15): An underground pressurized irrigation system is required to be provided for each lot within the development. The delivery of surface water is provided by the Nampa Meridian Irrigation District. The pump house is constructed on Lot 5,Block 1 of Mussell Corner Subdivision, located in the northeast corner of the development. Page 8 — Meridian City Council Meeting Agenda June 9,2020— Page 100 of 427 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 Manual): Conceptual building elevations were submitted and approved with the amended development agreement. As noted above, several buildings have been approved for construction within the proposed development consistent with these elevations and the ASM. All future structures are required to comply with the elevations in the amended development agreement,the design standards listed in UDC 11-3A-19 and those in the Architectural Standards Manual. VI. DECISION A. Staff: Staff recommends approval of the proposed Preliminary Plat per the conditions included in Section VIII in accord with the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard this item on May 7,2020.At the public hearing,the Commission moved to recommend approval of the subject PP request. 1. Summary of Commission public hearing_ a. In favor: Geoffery Wardle b. In opposition:None c. Commenting: d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application:None 2. Key issue(s) testimony a. None 3. Key issue(s)of discussion by Commission. a. Height of the proposed structures b. Pedestrian connection from the adjacent residential development C. Timing for the Victory Road access d. Parking ratio for the proposed development e. Timing for the installation of the 25-foot wide landsape buffer alongV ictory Road. 4. Commission change(s)to Staff recommendation: a. None 5. outstanding issues for City Council: a. None Page 9 — Meridian City Council Meeting Agenda June 9,2020— Page 101 of 427 VII. EXHIBITS A. Preliminary Plat(dated: 11/20/19)&Phasing Plan PRELIMINARY PLAT p _ a.,e ae FOR Q VICTORY COMMONS SUBDIVISION lu r ' a, g� 5RLATEE IN A PORTION OF GOVT LOT 4,SECTION 19,TAN.,RAE-B.M. CITY OF MERI DM,ADA OOUNTY,IDAHO cr r moo•_. E.ereer ,uw`:�fr ..,�. — I � .a..._ _��� � C o CA IF 10 era"..`e,,.� ..�,�,�...,.,�...�.ewe °�'�'_ _/ r 9F�.•' � \ � i � � q ` er`eu,nr.ew,e. n'en., i,nE ......� �6�i ,src/• , �+'7I' 9i -----_ S U 3R _ 1= �r = PP 1.0 Page 10 — Meridian City Council Meeting Agenda June 9,2020— Page 102 of 427 B. Landscape Plan(date: 1 '�6%905/12/2020PLANT SCREDULE Iti • jp C •..ia• ""'"ins.••� s LW09C4PE Al1W.AIEA OIE ,.�- -ram-•----•---•� *:. i BMRI --^v v .s _ _-_ ------ ,�/ .� , �. .,ar,wrn A.s..nec• a ®LAIASC�PE PWy-MER 111C1 ewcm'rrw Page 11 — Meridian City Council Meeting Agenda June 9,2020— Page 103 of 427 ZBAERI �-• .�:, Wit= •� � ;� %; rlA+al ow IRS x w3k" .,�.a::e:.-.ai.. rmsxtror�ascrt e>_ - _ �.,, _ _ .� •,,..,,. ��� �L��,"Al7 � ..m .,,., ......r.,. .,>..d I' I .w1.r,A•w r�.s.-.oex �i rI � �"."sb Ffx:ali':faFiw �i'• a:..m'Y.'�S..H'"«�'����sa...a.� _ •.�.�':�'a.�`I..��^'^'J3�":..r'•�^�'oR.r'�!n�M �1111LL ILWfIH1:llL1 AIL ....,....vrv.� � v a :`Yw.ww�uw'wY�n:_ ,�.::ti.�.YL'a�"�d.'C:.:�'{^""" UM4CAPFRN!•.. NPF' w•r Ny �— • �.,•.�...a. -,..,....._ •x-_�..ire � -- . RZ 1.CWIF It DFI 1M'IAL ik]IA IH li n(ikNW.WNI � Q Page 12 — Meridian City Council Meeting Agenda June 9,2020— Page 104 of 427 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. All development shall comply with the terms of the Development Agreement(Inst. 2019- 119405)and any future amendments to that agreement as applicable. 2. The preliminary plat included in Section VII.A, shall be revised as follows: a. The buffer along S. Meridian Road and E. Victory Road shall be depicted on a common lot or on a permanent dedicated buffer maintained by the business owners' association in accord with UDC 11-313-7C.2b. b. Direct lot access is prohibited to S. Meridian Road and E. Victory Road. c. Grapically depict the Kennedy Lateral easement on the face of the plat. d. Prior to signature on the first phase of the plat,the applicant shall provide a recorded cross agreement or add a plat note that grants cross access to parcels#R5915720030, R5915720042 and R6242270030 in accord with the amended development agreement. 3. The landscape plan included in Section VII.B shall be revised as follows: a Inel de Phase 2 i b,and y of the 1.aas,ape plan A 25-foot wide landscape buffer along E.Victory Road shall be constructed prior to occupancy of the first structure in accord with the amended development agreement. The landscape buffer shall be installed in accord with UDC 11-3B-7C. b. Construct a 25-foot wide landscape buffer along the northeast boundary of Lots 1,2, 5 and 8,Block 1 and the east boundary of Lot 9,Block 1 in accord with UDC 11-3A-9. The required landscaping on these lots shall occur with lot development. If installation of the buffer is prohibited within the Kennedy Lateral easement,the applicant shall provide a 5- foot wide landscape buffer outside of the easement area and install the required landscaping in accord with UDC 11-3B-9C. c. The required landscape buffers along Meridian and Victory Roads shall be measured from the ultimate right-of-way as anticipated by the transportation agency in accord with UDC 11-3B-7Cl.c. d. Prior to signature on the first phase of the final plat,the applicant shall record a pedestrian easement over the new segment of the pathway and existing sidewalk along S. Meridian Road to facilitate expansion of the 10-foot pathway in the future per the amended development agreement. 4. Development of subdivision shall be generally consistent with the phasing plan included in Section VII.A. 5. If the City Engineer's signature has not been obtained on the final plat within two(2)years of the City Council's approval of the subject preliminary plat,the preliminary plat shall become null and void unless a time extension is obtained as set forth in UDC 11-613-7. 6. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Page 13 — Meridian City Council Meeting Agenda June 9,2020— Page 105 of 427 7. All future structures constructed within the development shall to comply with the elevations in the amended development agreement,the design standards listed in UDC 11-3A-19 and those in the Architectural Standards Manual. 8. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Division for approval of all future buildings on the site prior to applying for a building permit. 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 copy of the standards can be found at htlp://www.meridianciiy.org_/public works.aspx?id=272 1.2 There are two existing 8-inch sanitary sewer stubs that are not being utilized and must be abandoned at the main. One stub is located off of Meridian Rd and the other stub is located off of Victory 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 I I" map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 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 Page 14 Meridian City Council Meeting Agenda June 9,2020— Page 106 of 427 to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals,laterals,or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review,and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Page 15 — Meridian City Council Meeting Agenda June 9,2020— Page 107 of 427 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.orglpublic_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 https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=181965&dbid=0&r0o=MeridianCity D. POLICE DEPARTMENT https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=182146&dbid=0&repo=MeridianCiV E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancily.orelWebLinkIDocView.aspx?id=182236&dbid=0&repo=MeridianCity F. CENTRAL DISTRICT HEALTH https:llweblink.meridiancily.orelWebLinkIDocView.aspx?id=182157&dbid=0&repo=MeridianCity G. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.ore/WebLink/DocView.aspx?id=182869&dbid=0&repo=Meridian QV H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.ore/WebLink/Doc View.aspx?id=182144&dbid=0&rMo=MeridianCity I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.ore/WebLink/DocView.aspx?id=183003&dbid=0&r0o=MeridianCiV Page 16 — Meridian City Council Meeting Agenda June 9,2020— Page 108 of 427 IX. FINDINGS Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision making body shall make the following findings: 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The Commission finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The Commission finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The Commission finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; The Commission finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The Commission finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. The Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 17 — Meridian City Council Meeting Agenda June 9,2020— Page 109 of 427 �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item - 6.E. Presenter: Estimated Time for Presentation: Title of Item - Combined Public Hearing for Ordinance 20-1881: Deannexation (Plan Amendment) - FirstAmendmentto the Meridian Revitalization Plan and Ordinance 20-1882: Union District Plan Click Here for Application Materials Click Here to Sign Up to Testify at Hearing Council Notes: EREVIEWERS: Clerk. Weatherly,Adrienne Approved 6/5/2020 - 11:04 AM Meridian City Council Meeting Agenda June 9,2020— Page 138 of 427 �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item -7.A. Presenter: Estimated Time for Presentation: Title of Item -Third Reading of Ordinance 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 Council Notes: Ah ATTACHMENTS: Memo to Council Cover Memo 6/4/2020 Ordinance No. 20-1881 with all exhibits Ordinance 6/4/2020 Urban Renewal District FAQs Backup Material 6/4/2020 Urban Renewal Presentation Backup Material 6/4/2020 REVIEWERS: Clerk. Weatherly,Adrienne Approved 6/5/2020 -9:56 AM Meridian City Council Meeting Agenda June 9,2020— Page 139 of 427 E IDIAN:-- Community Development Dept. I DA H O Meridian City Hall, Suite 102 33 E. Broadway Avenue Community Development Department Meridian, Idaho 83642 MEMORANDUM DATE: 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 de-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. History 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 deannexation 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, Meridi�n, l�.838,12 * PhQM 20.8-8�4-5d531 * F�x 20(�$-811-685� *TZ� .meridiancity.org en ian i y Cound eeting gen a une 2 — age 0 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 de-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 $3,000,000 impact fee City contribution for the Community Center(Attachment 5.1). REFERENCE See the attached URD FAQ document and the Urban Renewal 101 from the consulants for further background on Urban Renewal and how it works. Sincerely, Cameron Arial, MPA, Ph.D. Community Development, Director 33 E. Broadway Ave, Meridizn, l�.838,12 * PhQM 20.8-8�4-5d531 * F�x 2g(�$-811-6851 *�v� .meridiancity.org en ian i y Cound eeting gen a une 2 — age 1 0 E ADA COUNTY RECORDER Phil McGrane 2020-075156 BOISE IDAHO Pgs=49 BONNIE OBERBILLIG 06/19/2020 12:19 PM CITY OF MERIDIAN, IDAHO NO FEE 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 SEEDS TO DEANNEX CERTAIN PARCELS FROM THE EXISTING MERIDIAN REVITALIZATION PROJECT AREA; WHICH FIRST AMENDMENT AMENDS A s PLAN THAT INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE 1 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 jMeridian 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; I I DEANNEXATION ORDINANCE 20-1881-1 I 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 1 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 said public hearing was continued and held again on June 9, 2020 and the record was closed at the end of the continued hearing; WHEREAS,the City at said public hearing considered the First Amendment as proposed, and made certain comprehensive findings; WHEREAS, it is in the best interest 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 DEANNEXATION ORDINANCE 20-1881 -2 Meridian City Council Meeting Agenda June 9,2020— Page 143 of 427 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 1 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. DEANNEXATION ORDINANCE 20-1881 -3 Meridian City Council Meeting Agenda June 9,2020— Page 144 of 427 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 : U4e0��,TEDAUC�k EST : 1 w City of IBI T LZ boE .@ on, Mayor SEAL ohns ity Jerk F 8 6e TFFL ` y � I DEANNEXATION ORDINANCE 20- 1881 - 4 Exhibit I FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT Meridian City Council Meeting Agenda June 9,2020— Page 146 of 427 FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT MERIDIAN URBAN RENEWAL AGENCY (also known as the Meridian Development Corporation) CITY OF MERIDIAN,IDAHO Ordinance No. 02-987 Adopted December 3, 2002 Effective December�, 2002, publication First Amendment to the Plan Ordinance No. Adopted .12020 Effective , 2020, publication FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT- 1 Meridian City Council Meeting Agenda June 9,2020— Page 147 of 427 BACKGROUND This First Amendment ("First Amendment") to the Meridian Revitalization Plan Urban Renewal Project(the "Plan") deannexes certain parcels fiom the plan area/revenue allocation area created by the Plan commonly referred to as the "Downtown District Project Area," adopted by Meridian City Council Ordinance No. 02-987, on December 3, 2002. The scope of this First Amendment is limited to addressing the deannexation of certain parcels from the Downtown District Project Area. It is important to note this First Amendment to the Plan does not extend the Plan's duration. The Plan tenninates 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 deals exed 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 the Local Economic Development Act, Chapter 29,Title 50, Idaho Code, as amended (the"Act") firmly establishing"[f]or plans adopted or modified prior to July 1, 2016, and for subsequent modifications of those urban renewal plans, the value of the base assessment roll of property within the revenue allocation area shall be determined as if the modification had not occurred." Idaho Code § 50-2903(4). Though the provisions of Idaho Code § 50-2903A do not apply to the Plan, a plan amendment or modification to accommodate a de-annexation in the revenue allocation boundary is a specifically identified exception to a base reset. Idaho Code§ 50-2903A(1)(a)(iii). This highlights the legislative support for these types of amendments, AMENDMENTS TO THE PLAN 1. Definitions. Capitalized terms not otherwise defined herein shall have the respective meanings ascribed to such terms in the Plan. 2. The following defined terms are amended throughout the Plan as follows: (a) Delete "Project Area" and replace with "Amended Project Area" except where specifically referenced in this First Amendment. (b) Delete references to "Attachment 5" and replace with "Attachment 5, as supplemented by 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 June 9,2020— Page 148 of 427 3. Amendment to List of Attachments. The List of Attachments on page vi is amended by deleting the list of attachments and replacing it as follows: Attachment 1 Legal Description of the Project Area and Revenue Allocation Area Boundaries Attachment l A Legal Description of the Boundary of the Deannexed Area Attaclunent 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-Revenue 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 June 9,2020— Page 149 of 427 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 finther described and shown in Attacluxrents 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 "DESCRIPTION OF PROJECT AREA" is deleted and replaced as follows: DESCRIPTION OF THE AMENDED PROJECT AREA The boundaries of the Project Area and of the Revenue Allocation Area are described in Attachment 1, which is attached hereto and incorporated herein by reference, and are shown on the Project Area and Revenue Allocation Area Boundary Map, attached hereto as Attachment 2 and incorporated herein by reference. The Project Area includes several parcels of property which are located outside the geographical boundaries of the City but within the City's impact area. MDC has an existing agreement with Ada County related to such parcels. The First Amendment has no impact on that agreement. Pursuant to the First Amendment, the boundaries of the deannexed area is described in the Legal Description of the Boundary of the Deannexed Area 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 June 9,2020— Page 150 of 427 The attachments referenced above are attached hereto and are incorporated herein by reference. 7. Amendment to Section 302 of the Plan. (a) Section 302 is amended by deleting the first sentence of the second paragraph and replacing it as follows: The Amended Project Area includes the area as described in Section 200. 8. Amendment to Section 504 of the Plan. (a) Section 504 is amended by adding a new sentence immediately following the end of the first sentence of the first paragraph as follows: Revenue allocation financing authority for the deannexed parcels pursuant to the First Amendment will be terminated effective January 1, 2020. (b) Section 504 is amended by adding the following at the end of the fourth paragraph as follows: No modifications to the analysis set forth in Attachment 5 have been made as a result of the First Amendment. The estimated financial impact to MDC as a result of the deannexation of certain underdeveloped parcels from the existing Project Area pursuant to the First Amendment is set forth in Attachment 5A. 9. Amendment to Section 504.1 of the Plan, (a) Section 504.1 is amended by adding a new sentence at the end of the paragraph as follows: No modifications to the Study have been made as a result of this First Amendment; however, Attachment 5A includes the estimated financial impact to MDC as a result of the deannexation of certain underdeveloped parcels from the existing Project Area pursuant to the First Amendment prepared by Kushlan I Associates and SMR Development, LLC. 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 as follows: Attachment 5A includes the estimated financial impact to MDC as a result of the deannexation of certain underdeveloped parcels fi•om the existing Project Area. Based on the FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT- 5 Meridian City Council Meeting Agenda June 9,2020— Page 151 of 427 findings set forth in Attachment 5A, the conclusion is the deannexation of certain parcels from the existing Project Area does not materially reduce revenue allocation and the Project continues to be feasible. 12. Amendment to Section 800 of the Plan. (a) Section 800 is amended by adding a new sentence at the end of the first paragraph as follows: The deannexation of parcels from the existing Project Area pursuant to the First Amendment has no impact on the duration of this Plan. 13. Amendment to Plan to add new Attachment IA. The Plan is amended to add new Attachment 1A entitled "Legal Description of the Boundary of the Deannexed Area," attached hereto. 14. Amendment to Plan to add new Attachment 2A. The Plan is amended to add new Attachment 2A entitled "Boundary Map of the Deannexed Area," attached hereto. 15. Amendment to Plan to add new Attachment 5A. The Plan is amended to add new Attachment 5A entitled "Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2020 Deannexation," attached hereto. 16. Downtown District Plan Remains in Effect. Except as expressly modified in this First Amendment, the Plan and the Attachments thereto remain in full force and effect. FIRST AMENDMENT TO THE MERIDIAN REVITALIZATION PLAN URBAN RENEWAL PROJECT- 6 Meridian City Council Meeting Agenda June 9,2020— Page 152 of 427 Attachment IA Legal Description of the Boundary of the Deannexed Area Meridian City Council Meeting Agenda June 9,2020— Page 153 of 427 Sawtooth Land Surveying, LLC A/ �ODT F: (208) 395-51 04 f: (208) 395-8105 2030 5. Washington 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 1 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 1 East of the Boise Meridian,thence along the section line common to said Sections 12 and 13, being the centerline of Franklin Road North 89°32'43" West 1328.12 feet to the East 1/16th Corner on said section line; thence North 53'01'09" East, 2291.26 feet to the intersection of the southerly right of way of Union Pacific Railroad and the westerly right of way of N. Main St. and the POINT OF BEGINNING; thence North 0'33'11" East, coincident with said westerly right of way of N. Main St., 639.69 feet to the northerly right of way of E. Broadway Ave.; thence South 88°42'24" East, coincident with said.northerly right of way of E. Broadway Ave., 380.05 feet to the westerly right of way of E. 2nd St.;thence North 0'33'15" East, coincident with said westerly right of way of E. 2nd St., 336.24 feet to the northerly right of way of E. Idaho Ave.; thence South 88°38'29" East, coincident with said northerly right of way of E. Idaho Ave.,464.82 feet to the easterly right of way of E. 3rd St.; thence South 1°21'54" West, coincident with said easterly right of way of E. 3r`' 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. 1. I � i 1157 OF t0@. SEA i Meridian City Council Meeting Agenda June 9,2020— Page 154 of 427 Attachment 2A Boundary Map of the Deannexed Area Meridian City Council Meeting Agenda June 9,2020— Page 155 of 427 REVENUE ALLOCATION BOUNDARY OF THE MERIDIAN URBAN RENEWAL PROJECT DE ANNEXATION PARCEL MERIDIAN, IDAHO W CkERRY LN I I E FAIRVIEW AVE LINE BEARING DISTANCE 61 N 00033'11"E 639.69' Q L2 S 8804224"E 380.05' D L3 N 00033'I5"E 336,24' L4 5 88938'29"E 454.62' ; LS S 01°2154"W 978.24' L6 N 88030'19"W 831.04' m ; m m m ` W PINE AVE E PINE,AVE W IDAHO AVE W BROADWAY AVE r+ _- = Ln .f POB W4'`^`'x RAIL ROAD L6 A BY�16 CO / I2 W FRANKLIN RD R E FRANKLIN RD N 84°32'4 "W 13 t 18-- 1326.12' m o n v v � L 11574 OF BEXG NITS INTERSTATE 84 PROJECT., OWNERIDEVELOPER: 2030 S. WASHINGTON AVE DWG# URBAN RENEWAL DISTRICT EMMETT, ID 63617 120018-Ex DE-ANNEXATION MERIDIAANN,,I QL BILL T P: (208)398-8104 PROJECT# D. SEC, 7 & 18, 73N, R1 E, 208 914 6131 F: (208)398-8105 120018OWF007- SEC, 12 & 13, T3N, R1 W, B.M. DArE: SHEET 1/27l20 G0nd5U1'vCY1W,LLG WWW.SAWTOOTHLS.COM 1 OF 1 Meridian City Council Meeting Agenda June 9,2020- Page 156 of 427 UNION DISTRICT CITY OF MERIDIAN, ADA COUNTY, IDAHO I I k E PINE AVE z z m m m K N w D z O z Z �I Q 5 8°38'29"E 464.8 ' v ..............•.................. E IDAHO AVE "' M ,..:'. Ln M M 0 C7 tf ry S o r 88 f\ 42 24n E 3 80.05 rn E BROADWAY AVE �t . : 3 ZI41fL�AF:2 :;: # G`t. a ry a .: ' M :; ' u, M a 4 ��}............... .v:ir:? .............................................................. ; : •;•; � ;; ^:iviiSii•7P:.....•... ...............::•::•::: : .. ............ ............. N 88030'19"W $31.04' /. 5yoo,41v jZZ� 3Iw1.4 $ ry CO? 12, E FRANKLIN RD 9 T� 8993243"W - 13 J18 1328.12' — ------------- ��',gEX(`SZ' NITS PROJECT: OWNERIDEVELOPER: 2030 S. WASHINGTON AVE. DING# UNION DISTRICT TT EMME ,ID 83617 120018-EX ANNEXATION EXHIBIT eI��TRUAx „ P., (208)398-8104 PROJECT# MERIDIAN,ID. F. 208)398-8105 120018 SEC, 7, T3N, RIE, B.M. 208-914-6131 �rOOr ADA COUNTY, IDAHO var SHEET a: 212020 Land 5urycri�LLG WWW.SAWT007HlS.00M 1 OF 1 Meridian City Council Meeting Agenda June 9,2020— Page 157 of 427 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 $o $0 R5672000870 Meridian Free Library District $0 $o s0 R7596000080 City Of Meridian $0 $0 $0 R7596000075 City Of Meridian s0 $0 so R7596000065 City Of Meridian s0 $0 s0 R7596000092 Meridian Development $0 so s0 Corporation R7794650100 Second&Broadway s0 $0 s0 Condominium Owners Association R7794650200 COMPASS $0 $0 s0 R7794650300 Valley Regional Transit s0 $0 $0 R7794650400 Valley Regional Transit s0 $0 s0 R7794650506 COMPASS so $0 so Total Publicly Owned so $0 $0 Privately 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 R7596000545 $686.75 S784.96 $1,471.71 Oregon Short Line R R Co R7596000545-A s0 $0 So Oregon Short Line R R Co Total Tax Obligation-Private $11,351.48 $12,045.61 $23,397.09 2019 Incremental Revenue loss to MDC as a result of De-annexation (Minimal De-annexation Source., Ada County Assessor Records 4851-4344-7734,v.3 Meridian City Council Meeting Agenda June 9,2020— Page 158 of 427 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 June 9,2020— Page 159 of 427 IDAHO PRESS-TRIBUNE EMMETT MERIDIAN KUNA BOISE WKLY C/O 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 June 9,2020— Page 160 of 427 IDAHO PRESS-TRIBUNE EMMETT MERIDIAN KUNA BOISE WKLY C/O 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 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"),concern- ing the existing Meridian Revitalization Plan Urban Renewal Project Area("Downtown District Project Area")of Me 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 cer- tain 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 re wal and e allocation areas.The First Amendment being co sede ed 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 n equalized a sed valuation in s of the equalized sed 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 recom- mended approval of the First Amendment. The First Amendment to the Plan shall dear—the follow- ing area from the existing Downtown District Project Area: An area consisting of approximately 16 acres of underde- veloped 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 par- ticularly described in the First Amendment to the Plan and depicted in the shaded parcels in Map,below: t rur�Fe�ac tro rr'uFnu tt f .JL.._,.I, I.._. 11674 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 B: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 https://bit.ly/Union District.For additional assistance in ob- taining 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 mat- ters may appear and be heard.Because social distancing or- ders may be in effect at the time of the hearing,written testi- mony 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 accessin the meeting remotely and participating in the virtu- al meeting can be found at www.meridiar itv.o ra under the "Virtual Meeting Information"tab.Additional information re- garding providing testimony in compliance with any social distancing orders in effect may be obtained by calling 208- 888-4433 or by email at citvclerk@meridiancitv.ora. Meridian City Hall is accessible to persons with disabilities. All information presented in the hearing shall also be avail- able upon advance request in a form usable by persons with hearing 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 June 9,2020— Page 161 of 427 April24,2020 20092U2 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 MERIDIAN URBAN RENEWAL PROJECT DE-ANNEXATION PARCEL MERIDIAN,IDAHO W CHERRY LN E FAIRVIEW AVE 1 Z Z LINE BEARING DISTANCE A D LI N00-3311"E 639.69' 9 L2 588°4224"E 380.05' Z Z Z L3 N 00°33'15"E 336.24' A ti L4 5 Sr3829"E 464.82' O LS 5 01°21'S4"W 978.24' L6 N 88°30'19"W 831.04' m m m m Z M W PINE AVE E PINE AVE W IDAHO AVE L4 L2m W BROADWAY AVE - Pole RAIL ROAD /. 16 OY�ti �,0w i 12 7%W FRANKLIN RD -- E FRANKLIN RD 13 18 n 3 A > O Z D Z Z y sT a IIA74 ✓ � BEAG�� NTS INTERSTATE 84 PROJECT: OWNER/DEVELOPER: DWG# 2030 5.WASHINGTON AVE. URBAN RENEWAL DISTRICT EMME7,ID 83617 120018-EX BILL TRUAX P: 208)398-8104 PROJECT# DE—ANNEXATION MERIDIAN,ID F.f 208)398-8105 120018 SEC, 7 & 18, T3N, R1E, B.M. 208-914-6131 �wroorn 5 E� SEC, 12 & 13, T3N, RM B.M. DATE: 1127I20 Lord 5unrcy/rq,LLG WWW.SAWTOOTHLS.COM 1 OF 1 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.ly/UNonDistrict. 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 citvclerk@meridiancitv.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 Jut Chris Johnson, City Clerk Publication date: Idaho Statesman May 1, 2020. i i RECEIVED Idaho Statesman mAy 2.. Keeping you connected I IdahoStatesman.com i CITY CLERICS OFFICE AFFIDAVIT OF PUBLICATION Account# Ad Number I Identificat!on PO I Amount I cos De th 262513 0004629399 Lice-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: 1 Insertions Beginning issue of: 05/01/2020 di issue of: 05/01/2020 (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. - ANotaPublic in and for the state of Texas,residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! Meridian City Council Meeting Agenda June 9,2020- Page 163 of 427 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 i 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 MERIDIAN URBAN RENEWAL PROJECT" DE-ANNEXATION PARCEL MERIDIAN,IDAHO Vl GNEFRY III �- __ EfA kV r1'lf�vE i I N 0.Y)J II f 619fY � sm•�n F�m U fl pl%l M i ��UJ 1 '.1 YE IbI FT q'i1 501 1' 97dN 1 t�i 6 Iy 1' WPIREAVi EPR+ AVE R.~ V—AND AVE IW8RQADI,AYAVEFLO U, 'RAIL ROAD ".,. QO 1 i'!FRAIfIlDIT RD 12 T= - E FRAR-N RD y b i ST 9 c" 11 74 I f�pF QBA�4�A Iris IITERSTATE 8J FRO£R: ""77 fC 1838 8.wATT,118 617URBAN RENEVfAL DISTRICT EMMETF,-1111 1 "R^aex DE-ANNEXATIQN ,((288)398-8104F:f208)398-8105SEC,7&18,T3N,RIE,B.IA. F- T�)�HSEC,12&13.T3N,R1W,B.M. A—J LG WWVVS W(OOrnL5.mhI 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 hitos•//bit Iv/UnionDistrict.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 citvclerk@meridiancitv.orc. 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 N1mNdArc yitye£kouncil Meeting Agenda June 9,2020— Page 16 of 427 Publication date:Idaho Statesman 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 Meridian City Council Meeting Agenda June 9,2020— Page 165 of 427 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.1 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-1 of 2 Meridian City Council Meeting Agenda June 9,2020— Page 166 of 427 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: TTEST: Ch , Plannin and� nln t6ii m 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 June 9,2020— Page 167 of 427 Mayor Robert E. Simison E IDIAN City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault A H a 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 information and findings,please refer to the April 8, 2020 Planning Division Memorandum. EXHIBIT A.1 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda June 9,2020— Page 168 of 427 Mayor Robert E. Simison ER,IDnIANA=%-11 City Council Members: 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 June 9,2020— Page 169 of 427 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 predominantly follows 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 the facing 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 ground floor retail or office uses. The City has developed specific architectural standards for 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 document for redevelopment in Downtown Meridian. Please see Chapter 2 Premier Community for more information on Destination Downtown. Sample zoning include O-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 (O-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 B), which EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda June 9,2020— Page 170 of 427 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 could provide for incentives such as infrastructure and infrastructure reimbursement through tax increment financing (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 and proposed redevelopment may take place, but could do so transparently as part of negotiations for partnerships with the Urban Renewal District, and through public hearing and administrative approvals with the City. Staff will review future projects for 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 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. This is critical work to be done proactively, as the City does not have any site or building design standards specific to Downtown (just general traditional neighborhood design), or for policies related to historic preservation and enhancements. NOTE:Development of design standards downtown has not been preliminarily identified as a high priority project for the City. • 2.09.01B, Establish incentives to develop gathering spaces and civic facilities within Downtown. A new urban renewal district could provide for incentives such as gathering spaces and civic facilities, which could be reimbursed through tax increment financing(TIF). Part of the Union District Plan specifically references a public private partnership, including the City, for the construction of a community center. • 2.09.01 C, Work towards mitigating and removing floodplain issues around Downtown. There is no floodplain in this area of Downtown. EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda June 9,2020— Page 171 of 427 • 2.09.02A, Actively implement action items in the Destination Downtown Plan. Destination Downtown was created by the Meridian Development Corporation for the downtown Urban Renewal District, and adopted by the City. This plan was extremely broad in land use diversity, area, and scope. The project area for the Union District Plan is included within the Destination Downtown area, but previous efforts failed 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 opportunity for 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 applications for grants, by utilizing a dedicated funding 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 and facilities throughout the Union District Plan. Art may be done both as public private partnership, or independent of development, and educational facilities 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 has focused a great deal of time, money, and energy in downtown. Staff recommends caution with multiple independent entities exercising self 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 locations for 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 allowing for these types of uses/attractions, 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 blighted property 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 used public spaces outside of traditional parks. By successfully EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda June 9,2020— Page 172 of 427 redeveloping this highly visible blight, Downtown will be well placed to offer and promote a dense concentration ofpublic spaces for activity use by many. • 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 community facilities. • 3.03.01 E, Encourage infill development. The unstated purpose 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 community facilities through public private partnerships. • 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(including financial analysis). • 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. • 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 of floodplain impacts however, the City does not have much in the way of requirements or regulations to this end. • 5.02.01A, 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 and permit approval for structures in this area, if this policy statement is a priority. It would be difficult to suggest that preliminary concepts for 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 without further integration of ideas and themes. EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda June 9,2020— Page 173 of 427 • 6.01.01 C, 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 projects for implementation. Improvements to East 3rd Street specifically would greatly enhance bicycle access into downtown, and provide 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 projects for 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)projects for 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. While not directly referencing coordination with ACHD 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 bike facilities, and a safe multi-modal, north-south connection is needed between existing pathway 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 June 9,2020— Page 174 of 427 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 3Yd 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% of Meridian'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 opportunity for historic preservation outside of agricultural themes in the larger community. Several goals from this plan are relevant to the Union District Plan, including: o Goal I Preserve and enhance Meridian's historical, cultural and agricultural heritage. o Goal 3 Heighten public awareness of historic preservation in the community and improve preservation education efforts for various audiences. o Goal 4 Maintain and strengthen support for historic preservation from individuals, commercial property owners, local organizations and neighborhood groups. These goals for the Commission (and City) are not just about preserving, but also enhancing and generating awareness of Meridian's history. Additional objectives for 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 opportunity for 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, and part 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 June 9,2020— Page 175 of 427 • 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 Block project. Objective 4.3 of the Meridian Parks and Recreation Master Plan identifies expanded indoor recreation space as a priority for the community. Pathways are another significant element of this plan, and further emphasizes the demand for connectivity improvements to and through downtown, and the project area. • Meridian Pathways Master Plan The Pathways Master Plan identifies north-south (East 3Yd Street) and east-west (Broadway/Rail 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 corridor phase I and phase 2 improvements. Two of the last projects left in the Downtown Meridian Transportation Management Plan are the East 3rd Street connection north of Carlton Ave and south of Badley 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 necessary for the larger downtown area to be a thriving center of activity. The Union District Plan could benefit both of these streets in close proximity to the areas set for expansion. • Downtown Meridian Neighborhood Pedestrian and Bicycle Plan Developed by ACHD, this plan identified a number of community drive projects to enhance the pedestrian and bicycle connectivity in the area. ACHD has been diligent in programming and constructing these projects, and one of the last significant components is identified sidewalk improvements on East 3Yd Street. There are sidewalk gaps in the project area and the rail crossing is unsafe and outright impassable for some with mobility disabilities. One of the projects in the Union District Plan would include street improvements to East 3Yd 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 /�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 June 9,2020— Page 176 of 427 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 J I I I I u I 0 Medium Density Residential Industrial E STATE AVE -- 2 -Civic ® � h , 0 Old Town 1 0 Mixed Use Community ' E PINE=AVE� C 0 y N II IITII = �I I I F V! W ll --ILLJJ �N Z m n� W IDAHO AVE - H ®_ �? i W CWJJ H lmzHEI - AHO-AVE—Z z M W W BROILI ADWAY AVE- FiEl Z � yE BROADWAY AV�I UTZ Q N M W Z 11111, ROAD=ST=Z i W_BOWER:ST-2 11 E BOWER ST �iFf J ZNQ �N E A`J DA:ST-N Legend N Urban Renewal District W TAYLOR AVE a� Parcels E KING ST- } Railroad ®71 I N ��250 Soo Feet EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda June 9,2020— Page 177 of 427 Attachment B: Related Policies The policies below are from the City of Meridian Comprehensive Plan. For policy type: G=Goal; O=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 O 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 O 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 reduced fees for 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 O Support redevelopment and infill opportunities Downtown. Economic Excellence 2.09.01B A Establish incentives to develop gathering spaces and civic facilities within Economic Downtown. Excellence 2.09.01C A Work towards mitigating and removing floodplain issues around Downtown. Economic Excellence 2.09.02 O 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 educational facilities 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 center for mixed-use tourism,business,retail,residential,and EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda June 9,2020— Page 178 of 427 ID Policy Policy • governmental activities. 2.09.03 O Cultivate unique and diverse destination-type activities within Meridian's Economic centers. 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 O 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. 3.03.01E A Encourage infill development. Growth and Population 3.03.03G A Require urban infrastructure be provided for 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 6.01.01C 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.and/or 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 June 9,2020— Page 179 of 427 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 June 9,2020— Page 180 of 427 Attachment C: Meridian Pathways Master Plan Meridian Pathway Plan ......Alternative Route —Existing Pathway ?� E STATE AVE Street Route -•--- Proposed oposed Pathway E-P.INE-AVE h h H x �I N uai �u N W Z W IDAHO AVE"' y _}? y z ■ E IDAHO AVE z�z zW BROADWA a� .........................:Q.EBROADWAY-AVE W LN ---------- � Lu W W 2 W'RAILROAD-ST .__.... Z................ .........................----------------- ■ "-------------------------------------------------- W_BO.WER:ST -4 BOWER-ST " 1-LLLJ W 9y� y Z N.¢ E qrDAr-s�T-r 1-T Legend N Z. ;Urban Renewal District W-TAYLOR-AVE �,QTFR { ❑ 0 Parcels :*_E KING ST L—LJ�L i -•— Railroad ® I N ��Feet EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda June 9,2020— Page 181 of 427 Attachment D: Downtown Meridian Street Cross-section Master Plan Examples Main Street MAIN STREET:Ada Street to Carlton Avenue _ I {Vew FacN9 North} G'i� Designishaxd.edema frY Prasarretion ►'.'o p; of euxinq ROW.Maimam eAAms wAlm slang Parking _ parallel perking. r✓ Sidewalks . lm - •� r Path ay �¢ z �¢ Straefaoapa RaN, u F_ Na kw Buffer - Fnrnifnra r Lighting ✓Reguired.�Cesired ,-� ',.� tos, 117M M . IL Eulegadp d ROW Mmx7_mg-1r lines Malmam.0 ,g CLdr d E®finp adp d ROW with P-Ild prkmg(I0.) I Wi'W CLd�� 26 intended to be consistent thematic elements,and must reconfiguration.Future improvements will generally be Ada Street to Carlton Avenue be carried forward appropriately as consistent entryway located behind the back oforb,and occur eitherthrough CONSIDERATIONS: thematic elements for the length ofthe corridor. private redevelopment and iMlll projects,orim provements ereaa--W,width SN fae(ROW) 804aar DESCRIPTION OF ULTIMATE CONDITIONS_ by MDC and partner agencies.Driveways and unnecessary Main between Ada and Carlton is a traditional downtown access points to Main should be restricted or removed Read Ihraa lama wuh three lama wnh as^tar streetlined predominately with older buildings and some The only significant variation to the typical existing(2013) with redevelopment,particularly near alleyways as^errnrn one corn Iona infill redevelopment,Restaurants and professional services streetcross-section is the potential forshortcenter median Parking ParauevAnglad(hqm Parallel(bolh sides) arethe predominatetypes ofexisting uses,with some gov- islands These islands are envisioned to occurwhere tmf- sides) ernment services and a number of historic structures.The fic patterns will be minimally impacted,generally only Parking Cavanrr III 82 street is critical for north-south vehicular and pedestrian restricting alleys from becoming through streets,and be walkway:(aa.side) 6-feet detached. 5 fa,t daf d d. in Connectivity,and is the primary arterial access for busi- built to provide additional aesthetic and thematic ben- caries ness and residential uses between Fairview and Franklin. efits to the street environment.On-street parking should Buffer lea.sidel Vanes 8-fear Per standards generally be parallel where it occurs,with angled parking Parhwar None None INTENT: discouraged due to traffic and safety impacts,especially Bike Support None Sharrewc The intentofthis cross-section into maintain and improve for bicycle users. 'Parking im ,fs and fnmra edl araasamaras.do nm indiaata mien. connectivity,and balance the needs of both automotive sand¢ions.and aanma loll spmpuansawim arnss aaatinn.NrnawaysI- andpedestrianuses.Detached walkways and landscape I M VLEMENTATION PROCESS: hydrant:.and mhermndltions may al[erBnal anent.Sea Parkingsecrinn buffers are the top priority,with on-street parking also In most cases the actual roadwayforthe Main Street cross- ender So-aat Cesi, being critical.Street trees,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 DESIGN EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda June 9,2020— Page 182 of 427 East 211t Street EAST 2ND STREET: Broadway Avenue to Carlton Avenue {'hew Facing Narlh} Design is hasedaneeants Praserratian .ar." a `CO a P_ deasting ROW, V' Sidewalks F \ e e r Pathway V\1501" dp f wa fee Streetscape Buffer ` f Parkwap Buffer jr v e e � V t Fe Furniture W Lighting 4- ✓Required.•0esired R RADAST Easlingedge d ROW Easing edged PBW 19'Padetrien 21'to CL d Read 21'toRto1 Read t �Mi Note:See the Wwpndices far alternator cross-seaian designs While cross-section conflgurationswith increased parking IMPLEMENTATION PROCESS: Broadway Avenue to Carlton Avenue are provided,in most conditions parking servicing local As a segment,the frequent cross-street and alley breaks CONSIDERATIONS: businesses should be consolidated off-street or located allow East 2nd to be developed more piecemeal than many Cru section Width 80-feat(ROW) 80-feet elsewhere,allowing for a more lively and dynamic pedes- other areas of the City Core.However,the curb-less nature East 2nd between Broadway and Carlton consists of short trian environment that increases area draw. ofthe identified cross-sections and resulting grade changes Read Two-way Twn-way,curb-less block lengths with frequent cross-street and alley inter- DESCRIPTION of ULTIMATE CONDITIONS: with new facilities will likely require improvements to be Parking Angled and parallel Angled,parallel,and sections.The only through truss-street on this segment none made for the full width of the cross-section(both sides of however is Pine,with all other streets dead-ending within East 2nd is intended to be a charming traditional down- Parking Capacity* 78 57(may vary) the road).It may m possible for redevelopment to occur traffic movemena mile.This ts an Connectivity ovides add t onal op ort nities din n street ex experiences through h unique uer e design enhancements s ng and in t there is increments,between a cost-street and alley, Walkways(aa.side) and m,.I,g teacher. sag-ro,. separated,width varies. p pp 9 p ri q g buttherec likely greater long term cost-savings tocoa 5-feat or let: 5-feetni for pedestrian supportive focus and enhancement. and comfortable pedestrian spaces.While trees are kept whole block at a time.Storm-water is an important can- to provide a more pedestrian scaled and comfortable sideration.Improvements should occur as public-private Buffer(ea.side) Varies V%das.mm Is'whore INTENT: pedestrian environment,they are pulled further from the P p p eits wuh walkway pace awareness, generate and foster greater place-making, pathway None Nana 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 and limited traffic allow for multiple cross-sections,which community streetscape uses,such as outdoor dining. renovations able to make use of the facilities. Bike sapport None Nana while consistent in thematic and alignment,offer a vari- Cross-section options exist for medians or other special 'Parking impacts and faturaralues are asrimatas,du at indicate mtari. ety of configurations.Priority improvements should be street features such as topiary or artwork.See appendix vondlrians.and assume fall rearahaure with cross Bastian.Dri,m,ys.fire focused on a wider pedestrian environment with emphasis hydrants,and other oondaious may alter final count.See Parking section on unique and memorable place-making configurations. ander8o-eet Design. DOWNTOWN MERIDIAN CITY CORE STREET CROSS-SECTION MASTER PLAN STREET DESIGN EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda June 9,2020— Page 183 of 427 East 3rd Street Franklin Road to Broadway Avenue _ I Facing North) �X ,� Oesign u based m eastern edge d a E 0',� edsling RRW,hul may vary it eom fJ Preservation e � a,� sislent krmMinuaus segments Ff Parking ' FY Fe Pathway _ I. St—tscape 80for f✓ Parkway Buffer � y r F-itore 1 Fe Lighting °E .'Regelred.�0esired :¢ EAting edge d R8W 37Pede.m. N'to Enstiog CLnf Road Lvaries) 7 21110 CL dNe Find Adig-tot W'Pedest'n A INTENT: ample buffers for the detached pathways and sidewalks Fronk(in Road to Broadway 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 Cross-secrion width 80-feet(ROW) 784at pedestrian connectivity between Franklin and downtown. be developed at street corners to further enhance safety East 3rd between Franklin and Broadway is predominately The required ten-foot detached pathway must be on the and provide additional opportunities for landscaping and Road Two-way Two-way residential in nature,but is entirely within the Transit On- west side of the road,which has fewer driveway conflicts additional district thematic elements. Parking Parallel P-11.1 ented and Cultural district(TOD)_Improvements should be and opportunities for further reductions with redevelop- IMPLEMENTATION PROCESS: Parking Capadty' Vanes 51 supportive of higherdensity and transit supportive uses in ment taking access from alleyways.Walkways must be Wdkwas(ea.side). Vanes,ato 5-feet, Detached.B feet min. ultimate conditions,and all efforts should be made with detached,and residential appropriate lighting provided Though implementation may occurwith fragmented parcel y fragmented gaps (east side) redevelopment to provide for additional enhancements to enhance safety.On-street parking should be provided, specific redevelopment,it is assumed that implementation Buffer(ea.sidal Vamas 8-foot landscape huff,,. which capitalize on these future services.Alleyways are but angled and perpendicular configurations are heavily of the pathway will require concerted efforts on behalf 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, Pathway No Yee.lO-feet min.(west must be adequately signed and enforced to ensure pedes- reduce back-out conflicts with through traffic. safety,and quality of life,and should be implemented in side) trian safety along the corridor.While alley use is already blocks and segments.Interim redevelopment enhance- Bike Soppe,t No Shar,ows predominately one-way forwestbound travel,this should DESCRIPTION OF ULTIMATE CONDITIONS: ments may not require full improvements if MDC and 'Pa,kiag impacts aid fosc,e.aiva:era aanmata:.do cor�adicata'miadm 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 condieons,and assume fair compliance with cross—coo Ortreways,if,,hy- and considered for access with redevelopment. corridor,it is important for connectivity into the down- components,but redevelopment must make allowances dram,and other condition:may alto,,,,.[count.See Parking seam,ode, town area and should be inviting.Tree lined streets with for future installation. Streot Oesigm DOWNTOWN MERIDIAN I CITY CORE STREET CROSS—SECTION MASTER PLAN STREET DESIGN EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda June 9,2020— Page 184 of 427 Broadway Avenue to Carlton Avenue . w _ IV..Facing North} ' o Preservation d Oesign is based w eaderc edge of P ,�. E ►- .ddi.g ROW,hm..yemy ileum e At '-' sidenl kr wmiwws segmems Ii Parking y.('' ' A p' Sidewalks C - -E F P.[hwar � � r. street..aPe6ulfer _ .� _ it Pnrknapre buffer f Furnitu H y W Lighting rn L -4 ✓Required.�0esired � .R m 'ra" na��❑ z Eddins edg.d ROW 22'0ed.deiren ITt.Eddi n CLd Rwd(reriw) -3' ZI'mCLdN..R.ad Wign..d 14'Pvdmt.nn tion south of the tracks,and to help improve pedestrian and provide additional opportunities for landscaping and Broadway Avenue to Cartton Avenue connectivity with urban uses to the west.Walkways must additional district thematic elements. be detached by landscape buffers with large canopy trees, CONSIDERATIONS: and residential appropriate lighting must be provided to IMPLEMENTATION PROCESS: Cross se.tion Width SO-feet(ROW) 76-feat Though East 3rd between Broadway and Carlton is pre- enhance safety.On-street parking should be provided, Though implementation may occurwith fragmented parcel Road Ew.way I.. q dom rate residential in nature,it is adjacent to three but angled and perpendicular configurations are heavily specific redevelopment,it is assumed that implementa- N,kinq Parall.l Para6.1 different commercial districts including the Northern discouraged to ensure continuity ofthe pathway and to tion of the pathway will require more concerted efforts Parking Capamty' 63 64 Gateway,Washington&Main,and Traditional City Core reduce back-out conflicts with through traffic.All rede- on behalf of MDC and the City.Interim redevelopment W.Ikwave Attach.d d m 5-leet. Detached,6-feet mm, 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 fragmemed gap. (ea.t.me) identities,with the proximity to the commercial districts, residential nature of this corridor segment. City is not able to expand and maintain pathway com- 8-loot land:cafe b.lfer. opportunities existto blend boundaries for uses supportive ponents,but redevelopment must make allowances for Odf.r(ea.aloe) uari.. mm. ofthe overall Destination Downtown vision plan. DESCRIPTION OF ULTIMATE CONDITIONS: future installation. Pathway No Yea,fOt min.(w..t While East 3rd is not intended to serve as an entryway ..de) INTENT: corridor,it is importantfor connectivity into the downtown Irk,Support No Sharr The primary intent ofthis cross-section and anyvariation is area and should be inviting.The tree lined streets with `Parking impact:and fete ,h.a are eaemat.:,do.otlndicatt mtedm to provide for a safe and convenient north-south pathway ample buffers for the detached pathways and sidewalks c.rditi......da...me Fdl comPlian..wIth,,,—fl-II fmhy- connectionbetweenCarltonandBroadway-The required are all important safety and aesthetic elements for the drams.and other conditions may alter final count.See N,kinq...in,under ten-foot detached pathway m ust be on the west-side ofthe long-term health ofthe neighborhoods.Bulb-outs should Street Design. road to maintain alignment with the pathway configura- be developed at street corners to further enhance safety DOWNTOWN MERIDIAN CITY CORE STREET GROSS-SECTION MASTER PLAN STREET DESIGN EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda June 9,2020— Page 185 of 427 Broadway Ave BROADWAYAVENUE: Main Street to East 2nd Street m {Yew Facing Eeel) l ,.® Design rs based on ROW along Td rvatlon ', nonM1erngalks -ay f anapeReferay Ruflee 'C�y rengea.�0esirea :A F it !a5i _R E,otirg edge d RRW IB'Ptlalden Wte fdelingEL d had(varme) 811'ta CL.H1 RadM nned YY Pedemnm should reflect this.While the ten-foot multi-use pathway alignments across intersections,and to reduce setback Main Street to East 2nd street is required on 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: Crows a cllcn Wldth 79-feat(ROW) 84.5-feet 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 Twa wag Iw,wey trial storage on the southern side of the roadway,along to improvements are required,and must align and integrate activities and allow businesses greater street presence will Parking Angled Parallel 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 Capaeitr' 31 18 disrepair on the northern side.Sidewalk facilities are also in of the block,on one or both sides of the roadway.Unless N lachad.4 to 5-feet disrepai r,and non-existent on the south.The streetscape DESCRIPTION OF ULTIMATE CONDITIONS: large scale redevelopment occurs,public participation will Walkways(,side) north side.none en 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 necessary for implementation and play a large role in sovtM1 side, the corridor segments both to the west and east—only required streetscape improvements,and a widerwalkway redevelopment ofthe streetscape,particularly with the Hoffer(aa.side) Venes S-feet parstandards this segment is lacking improvements. consistent with other corridor improvements to the east. multi-use pathway.With eventual removal of existing angled Pathway Nona Yea The south-side of the street provides the required path- parking,it is expected that additional off-street surface or Oike$uppoT Nona None INTENT: way connection,but may simply mirror improvements on garage parking will need to be provided elsewhere to offset Future improvements will need to support mixed use the north-side,or'ust meet streetscape standards if the loss and accommodate future downtown parking needs. '.d,t,,.Pa,kiwii and and f.11 acme:era Delmore:,do normdiaate interim P PP 1 P P 9 conditions.other condition, oq[ten with cross x See Pa.Ong-tioAra hr- developmentand balance the pedestrian environment with pathway is integrated into future development through the Improvements on the north-side of the roadway should drama.and other eondamne may altar final novnt.mee Parking,ammo 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 Street Cesiyo. men&on both sides of the road will be transit supportive of angled to enhance safety and create a more pedestrian land to the south. higherdensity m ixed uses,and the pedestrian environment friendly corridor,and to lim it wider cross-sections,maintain DOWNTOWN MERIDIAN I CITY CORE STREET CROSS-SECTION MASTER PLAN STREET DESIGN EXHIBIT A.2 TO P&Z RESOLUTION 20-01 Meridian City Council Meeting Agenda June 9,2020— Page 186 of 427 Exhibit 4 SUMMARY OF ORDINANCE NO. 20-1881 Meridian City Council Meeting Agenda June 9,2020— Page 187 of 427 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 IA to the First Amendment and generally depicted in the map below. Meridian City Council Meeting Agenda June 9,2020— Page 188 of 427 REVENUE ALLOCATION BOUNDARY OF THE MERIDIAN URBAN RENEWAL PROJECT DE-ANNEXATION PARCEL MERIDIAN, IDAHO W CHERRY LN E FAIRVIEW AVE z m z LINE BEARING DISTANCE m n L1 N 0033'11"E 639.69' 4 L2 S 88°4224"E 360.05' y z L3 N 0033'15"E 336.24' A N 14 S 88 38 29"E 464.82' p L5 S 01 2154"W 978.24' L6 N 88 30'19"W 831.04' m m m m p Q x = W PINE AVE E PINE AVE W IDAHO AVE �� m s:�., W BROADWAY AVE l2 n ::3 j POB W'`"" '" RAIL ROAD /- LG 001��. IZ 1z W FRANKLIN RD -- -- E FRANKLIN RD 13 IS cn o a n z z cn A � p w 11074 f�'�F BEA��' NTS INTERSTATE 84 PROJECT. OWNERIDEVELOPER: 2030 S. WASHINGTON AVE. DWG# URBAN RENEWAL DISTRICT EMMETT,ID 83617 120018-EX DE-ANNEXATION BILL TRUAX �� P.(208)398-8104 PROJECT# MERIDIAN,ID_ F.(208)396-8105 120018 SEC, 7 & 18, T3N, R1E, B.M. 208-914-6131 � wroor SEC, 12 & 13, T3N, R1 W, B.M. SHEET DATE: 1/27/20 Lar�Sun eyi x�LAG WWW.SAWTOOTHLS.COM 1 OF 1 Meridian City Council Meeting Agenda June 9,2020— Page 189 of 427 EXHIBITS TO THE ORDINANCE Exhibit 1 First Amendment to the Meridian Revitalization Plan Urban Renewal Project. Exhibit 2 Notices of Public Hearing 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 av ' r A ection at City Hall, City of Meri ' st Broadway Avenue, Mend i G� eg4daho . city of C ty er' an Ell 0 Mayor d it Council " By: Chri ohnson, City Clerk �' F SEA ° fhe First Reading : 5/26/20200 Second Reading and Public Hearing : 6/02/20200 Third Reading and Public Hearing : 6/09/2020 STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO, 204881 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- 18 81 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 § 50-901A (3 ) . DATED this ! day of June, 2020 . William. L .M . Nary, City Attorney URBAN RENEWAL DISTRICTS r-uUENTLY ASKED QUESTIONS UrbanWhat is an Renewal -. 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 the City. TAX INCREMENT FINANCING GRAPH 2 TAX INCREMENT FINANCING GRAPH 1 Pori M TaxIncrernent 5600,000.03 $500,000,00 5700,000 00 •Regular properly tax SWo non n0 0 5900,000,00 in[rease ffi 597n,nro n0 S300,000.00 ■Serles2 S400,nro n0 ■Increment 5200,mOm m "0,00000 ■Taxes $100,000 00 a $200,0013 00 5100,0ro OQ S- OW 1 2 3 4 5 77 8 0 11 12 13 11 r 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 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. City Council Meeting Agenda June 9,2020— Page 191 of 427 ■ How is the boundary of RI 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 moneyfrom other localgovernment 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 'I going to increase 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. QMWjW City Council Meeting Agenda June 9,2020— Page 192 of 427 ■ URBAN RENEWAL 101 (IN IDAHO) : AUTHORITY, OVERSIGHT, AND IMPLEMENTATION Presented by Ryan P. Armbruster and Meqhan S. Conrad Elam & Burke, PA April z3, zozo URBAN RENEWAL AGENCY AUTHORITY STATUTES • LIMITATIONS • POWERS • FINANCING Meridian City Council Meeting Agenda June 9,2020— Page 194 of 427 Urban Renewal Agency Authority • Local Economic Development Act, Title 50, Chapter 2g, Idaho Code • Idaho Urban Renewal Law of 3-965, Title 50, Chapter 20, Idaho Code • Idaho Constitution—ArticleVlll, g 4, Art. XII, g 4 • Separate and distinct legal entity with independent authority—Pick 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; ArticleVlll, g 3 of the Idaho Constitution. • Models throughout the state vary widely; though after HB6o6 (2o16), models should become more uniform, mix of lay appointees and elected officials; but latter cannot constitute a majority. 3 Meridian City Council Meeting Agenda June 9,2020— Page 195 of 427 Li mi t ations On Urban Renewal Agencies An urban renewal agency is constitutionally prohibited 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 for the benefit of the public. The agency should be very cautious in considering funding improvements to private property or formally participating with private entities asa 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, g 4, Art. XII, g 4, Idaho Constitution] 4 Meridian City Council Meeting Agenda June 9,2020— Page 196 of 427 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 corporation, 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, g 4 to urban renewal agencies has never been Idaho Constitution, Art. 8, g4 (emphasis specifically interpreted by the Idaho added). Supreme Court. Meridian City Council Meeting Agenda June 9,2020— Page 197 of 427 Limitations, Continued • The Idaho Supreme Court has held the purpose behind Art. VIII, g 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 thatTlF 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. Meridian City Council Meeting Agenda June 9,2020- Page 198 of 427 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 any joint 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, g 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 June 9,2020— Page 199 of 427 7 What Powers Do URNS Have ? Consistent with the urban renewal plan, to: • Construct/reconstruct streets, utilities, parks, recreation facilities, off-street parking and public facilities, public buildings and other 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 8 Meridian City Council Meeting Agenda June 9,2020— Page 200 of 427 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 "project costs" Meridian City Council Meeting Agenda June 9,2020— Page 201 of 427 9 The Act : Title C a tor 29, l a o Co e 5o, (13) "Project" or "urban renewal project" or (a) Acquisition of deteriorated area... "competitively disadvantaged border areas" may include undertakings and activities of a (b) Demolition and removal of buildings. .. municipality in an urban renewal area for the elimination of deteriorated or deteriorating (c) Installation, construction, or areas and for the prevention of the reconstruction of streets... development or spread of slums and blight and may involve slum clearance and (d) Disposition of any property... 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 — I.C. 50-2018(10) (h) Lending or investing federal funds... (i) Construction of foundations... 10 Meridian City Council Meeting Agenda June 9,2020— Page 202 of 427 The Law : Title C a tor 29, l a o Co e 50, 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 improvements, facilities, buildings structures, (e) Direct administrative costs, including and permanent fixtures; the demolition, reasonable charges for the time spent by city or alteration, remodeling, the or reconstruction county employees in connection with the of existing buildings, structures, and permanent implementation of a project plan; fixtures; the acquisition 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; �s Meridian City Council Meeting Agenda June 9,2020— Page 203 of 427 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 June 9,2020— Page 204 of 427 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 June 9,2020— Page 205 of 427 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 so% 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 June 9,2020— Page 206 of 427 Revenue Allocation Financing, Continued • Budget for City, County, and other non-school taxing districts limited to previous year's budget plus 3%, new construction and forgone. By virtue of amendments In 2007, 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. • Propertytax revenue from the incremental value, if any, goes to the urban renewal a enc or a limited period of time (zo ear max, except for " randfathered" projects gimarll � ears). y p g p � primarily 4Y 15 am Meridian City Council Meeting Agenda June 9,2020— Page 207 of 427 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 after 20o8 and voter approvals after 2oo8, the urban renewal agency will not receive taxes generated by voter approved levies, such as general obligation bonds, school district plant facilities levies, and supplemental levies. g g p pp • Also, no school district emergency levy available to urban renewal agency. 16 Meridian City Council Meeting Agenda June 9,2020— Page 208 of 427 MDC Administers two Project Areas • Downtown District • Ten Mile District Meridian City Council Meeting Agenda June 9,2020— Page 209 of 427 17 PUBLIC OVERSIGHT OPEN MEETINGS • PUBLIC RECORDS • REPORTING REQUIREMENTS Meridian City Council Meeting Agenda June 9,2020— Page 210 of 427 Operating In The Public Eye • Public Record Law — Idaho Code gg 74-101 t0 74-126 • Open Meeting Law — Idaho Code gg 74-201 to 74-208 • Notice of Meetings —Agendas, Idaho Code g 74-204 • Executive Sessions —When Authorized, Idaho Code g 74-2o6 19 Meridian City Council Meeting Agenda June 9,2020— Page 211 of 427 Procurement Rules and Procedures • Title 67, Chapter z8, Idaho Code • Public Works Construction Bidding • Threshold amounts for both formal and informal bidding processes • Best interests of Agency from $0-$25,000 to $0-$50,000 • Informal bidding from $25,000-$Z00,000 to $50,0004200,O00 • Formal bidding from over $Zoo,000 to over $200,000 • Public Procurement of Goods and Services Bidding • Best interests of Agency from $0-$25,000 to $0-$50,000 • Informal bidding from $25,000-$50,000 to $50,0004100,000 • Formal bidding from over $50,00o to over $Zoo,000 • Idaho Code g 67-2320 • Professional Service Contracts with Design Professionals, Construction Managers, and Professional Land Surveyors • Idaho Code g 54-4511 • Construction manager/general contractor 20 Meridian City Council Meeting Agenda June 9,2020— Page 212 of 427 Financial Reporting Requirements : Audit Annual Report Budget and Other • Audit and Annual Report • Idaho Code gg 50-2oo6(c) and (d) • Budget • Idaho Code gg 50-2903(5) and 50-1002; see also 50-2oo6(d) • Central registry and reporting portal (agency and financial information) • Idaho Code g 67-45oE • State Tax Commission reporting portal (urban renewal plans) • Idaho Code g 50-2913 • Amendment certification • Idaho Code g 50-2903A (For plans adopted post-July z, 2016) 21 Meridian City Council Meeting Agenda June 9,2020— Page 213 of 427 IMPLEMENTATION BOARD • CREATION • PLAN • RECENT CHANGES • TAX COMMISSION Meridian City Council Meeting Agenda June 9,2020— Page 214 of 427 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 June 9,2020— Page 215 of 427 Con ict Of Interest Laws • Urban Renewal Law — Interested Public Officials, Commissioners or Employees, Idaho Code g 50-2017 • Ethics in Government Act of 2015 — Chapter 4, Title 74 • Gifts/gratuities/events • Prohibitions against Contracts with Officers — Chapter 5, Title 74 24 Meridian City Council Meeting Agenda June 9,2020— Page 216 of 427 Ethics in Government Act of 2015 : Describes the Public Trust and FiduciaryObligation 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; (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. g 74-402 Meridian City Council Meeting Agenda June 9,2020— Page 217 of 427 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 official, the a conflict of interest. effect of which would be to the 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 June 9,2020— Page 218 of 427 Ethics in Government : Exception to Conflict of Interest Provision • Exceptions to the conflict of interest When a person is a public official by reason provision: of his appointment or election to a • Where the actions of the public body governing board of a governmental entity provide a benefit to a certain class of for which the person receives no salary or people, and a public official happens to fee as compensation for his service on said be a member of that class. board, he shall not be prohibited from having an interest in any contract made or • There is a de minimis value of goods entered into by the board of which he is a and services that a public official may member, if he strictly observes the an receive without violatingof these procedure set out in section 18-1 61A provisions. y Idaho Code. 3 • A specific exception for non- compensated public officials is set out in I.CJen - o . This exception applies I.C. 74-40 74 4 5 p . p p � 5 only the contract for services has be subject to public bid and the a Xointed official submitted the lowest bi Meridian City Council Meeting Agenda June 9,2020— Page 219 of 427 Urban Renewal Law : Contains a Broader Conflict of Interest Prohibition • I.C. g 550-2017 prohibits board members ...voluntarily acquiring any personal fror-fi fiaving an interest in a contract or interest direct or indirect in an urban real property connected to an urban y renewalp project, whether or not the renewal project, or in any property urban renewal agency itself is a included or planned to be included in any g y 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 theagency and such disclosure shall be required by HUD to received federal entered upon the minutes of the agency. funding assistance. • Provision was likely intended to prevent a board member from investing in real I.C. g 50-201.7 estate in an urban renewal area. Meridian City Council Meeting Agenda June 9,2020— Page 220 of 427 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 presently owns or controls, or renewal project area at the time the owned or controlled within the preceding member is appointed. two (z) years, any interest, direct or indirect, in any property which he knows is • Provision is likely intended to address included or planned to be included in an those situations of appointing a board urban renewal project, he shall member who may own property within immediately disclose this fact in writing to the urban renewal project area y the agency, and such disclosure shall be p 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 such property. I.C. g 50-201.7 Meridian City Council Meeting Agenda June 9,2020— Page 221 of 427 Conflict of Interest Under I . C . § 18 - 1359 : Criminal Misdemeanor • Care must be taken that information "No public servant shall: obtained in your position as Board (a) Without the specific authorization of the Member be disclosed or used which 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, acceptor 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. g 18-1359 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 by him in his o ficial capacity, or by any body or board of which he is a member, except as provided in section 18-1361, Idaho Code. I.C. S 18-1359(1)(a) through (d) Meridian City Council Meeting Agenda June 9,2020— Page 222 of 427 30 ■ How Are Urban Renewal Areas Formed ? • Idaho Urban Renewal Law first adopted in s965 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 June 9,2020— Page 223 of 427 Steps to Create a RAA • 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 gg 50-2903(8), 50-201.8(8) and (9)) and make the requisite findings in an eligibility report • MDC typically retains independent, third party consultants to review area and prepare study report. Supports credibility of findings. 32 Meridian City Council Meeting Agenda June 9,2020— Page 224 of 427 Definition of Deteriorated Area — I . C . § 50- 2903(8)-see also, I . C. §§ 50- 2018(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 dilapidation, deterioration, age or obsolescence, Inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding or the existence of conditions which endanger life or property by fire and other causes, or any combination of such actors, Is conducive to ill health,transmission of disease, infant mortality,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 Improvements, 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 which 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 condition and use. (c) Any area which is predominately open 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.The 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 agricultural operation as defined in section z2-4502(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 of the forest land gives written consent to be included in the deteriorated 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 June 9,2020— Page 225 of 427 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 June 9,2020— Page 226 of 427 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, 2011, must seek voter approval to establish the agency • Generally, the plan approval process takes about 6 months for a clearly defined project; oftentimes can take 12+ months 35 Meridian City Council Meeting Agenda June 9,2020— Page 227 of 427 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 lo% 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 June 9,2020— Page 228 of 427 Deannexations • Pursuant to Idaho Code g 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 June 9,2020— Page 229 of 427 37 Deannexations, Continued • County will have to provide information regarding the base and increment values on a parcel by parcel basis • In a deannexation there are two benefits: l) full value of the property is available to the taxing districts to be used in the budget-levy setting process; and z) 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 deannexation process to be completed (meaning ordinance published, recorded and transmitted) no later than the 4th Monday 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 June 9,2020— Page 230 of 427 38 Urban Renewal Pan - Genera • Arevenue allocation area exists for 20 years (pre-2o11 plans grandfathered for longer term of 24Years) • 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 adopted post-2o16 cannot be amended without resetting the base value to current value; limited exceptions 39 Meridian City Council Meeting Agenda June 9,2020— Page 231 of 427 SampleAnalysisWhenConsideringa 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 July 1, 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 June 9,2020— Page 232 of 427 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. g 50-2o18(12) • The Agency may acquire property by negotiation or condemnation . See, Idaho Code g 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. g 7-701A. Meridian City Council Meeting Agenda June 9,2020— Page 233 of 427 41 Property Disposition • Procedures for the disposition of property are set forth in Idaho Code g 50-2011. Property cannot be given to a private person/entity/non-profit without going through a competitive bidding process. • Idaho Code g 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 June 9,2020— Page 234 of 427 42 IN T:.E HOUSE OF REPR.SENTAI2'+ZS 7 s .all tra:sa_t business and shall exercise -zs __-s hereu-.=_ 2 subject zo the requirements of subseti-__r. c E ism Attended, J (b) V on satisfactic•n of the As r`L^�end _n - ded the S an 1 tho - - =act the busine_ FQ erc a pc we ere by a 0 =.._._ liners to be eszab;_ Fce. is:• - } ess p _ded _ _se --- t.7-he mayor, by and :. e ice an nsea _f the ca a=- a body, shall appc�. .71NG TO URBAN RE I Sr ION -01 'SE =s s u n _ .a_ __cyt which shall co_s =RC7ISI0lI5 FOR IF--- 2G►ICUP OF THE HOARD OF CO*ii' I55ION ES OF AN URBAN 10 f less than :three (3) co=m ss_one_s nor more than n-,no (9) tort_ NEWrr. AGENCY, TO ALLOriT FOR THE ELECTION OF C .ISSIONFPS, TO R_iVISE 11 s_oners. In the order of appointment, the mayor shall designa_=_• =ROVISIONS REGARDING THE FILLING OF VACANCIES, TO PROVIDE RESIDENCY 12 'timber _f commissioners to be appointed, and the term of each, pro-.-: 'LQ TECF�iI CO S z e or nalWo� fice £ a- h ss_:. NG SE ION S0 3, IDE, TC R07IDE I S FO IV �� shay xpir n t c issi:.. shall rveS; N ECT_,O:: 5 _ TDA: ODE, T SE T: DEFITS aate date It - tm xcep y S OF S S. ," "URBAN P- " AN a all v s F=1 d - e ePat�e[r d _ CT CO t1 NG p 29. I 0, - _ 3'c - AD 17 (2) in n lei d s d ez cff e, O s er _emoti a� tha :,P,7INANCE TO:CODIFY AN PLAN AND TO PR07IvE EXCEPTIONS; 19 governing body only after a hearing and he shall have been SECTION 50-2905, IDAHO CODE, TO PROVIDE THAT ANY CHANGES TO 20 a copy of the charges at least ten (10) days prior to such hear_-.; .EArt REN'EK&L. PLAN S:3ALL BE NOIICED AND COI-TLETED IN AN OPEN PUBLIC 21 r_ave had an opporzu-.,my :: be heard _n person or by counsel_ - _ AMENDING CHAPTER 29. TITLE 50, IDAHO CODE, BY THE ADDITION OF -- mission position ;..*eh `»at becsates vacant at a time other than _--TION SO-290SA, IDAAO CODE, TO PROVIDE FOR AN ELECTION ON CERI ^3 a- - -f a ter- shall be filled b1 =: : _ : - _ : =75 AND TO DEFINE TERMS; AWING CHAPT_= I :_=-JITION OF A NEW SECTION SO-2913, I :O F E F 5 =_ : w = _ : _ _: : - _ _ _ _ :-. EnT9,L PLANS BE SU'BN_ITTED TO THE STATE T SS AN O P - - - air the bard =f - -::r__ss_oners if - _ :INALTIES FOR FAILURE TO REPORT; AMENDI F -vermin body- by and with the advsce and coase:1- -f` PROVIDE FOR INCLUSION ON THE NEW CONS D - ern___g b=•dy, including the mayor, if applicable, and shall he -- aN OF AN URBAN RENEWAL PLAN OR DE-ANNEXATION OCCURS AND TO M.Z.KE A 29 for the unexo_red tertt. .::.1CAL CORRECTION; PROVIDING SE7FS2AHiLITSt; AND PROVIDING EFFECII17E 30 (3) By enactment :_f an ordinance, the local governing body may a: 31 and designate :,s9elr frog.a_rnona its members to be-w-rbers of the b=a._ 32 commissioners cf the mbar.renewal agency, provided that such reps- -=-e3 by the Legislature of the State of Idah_: 33 tat_cm shall be less than a ma7orcty of the b:.ard of commissioners 3e urban renewal agency of the members cf the local governing b=dy _= 1. That Seczion SO-2006, Idaho Code, be, and the sa=e- is hereby 35 after .iuly 1, 2017, in which case all the rights, powers, duties, _ - zead as follows: 33 ileges and ixmaunizies vested by the urban renewal tau of 1965, �.. 37 amended, in an appointed board of cc=cn'ssioners, shall be vested URBAN RENEWAL AGENCY_ (a) There rs hereby created in each mu- 38 local governing body, who shall, in all respects when acting as an =ndependenz public body corporate and politic to be ;clown as 30 renewal agency, be acz-ng as an arm of state govern_-iaa=, entirely -s:ewal agency" that was created by resolution as provided in sec- 40 rate and distinct from the ttun_4 c_pality, to achie-.e, perform and a: -_: -5, Idaho Code, before July 1, 2011, for the municipality; pro- n plish the public purpcses prescribed and provided by said urban x4me to s such agency shall not transact any business or exercise its pow- 42 law of 1965, and as amended. e-reunder until or unless: (1) the local governing body has made the 43 (4) By enactment of an ord:.n_.-_�, ____._ __ .___._-_ --:.dy may ter -gs prescribed in section 50-200S, Idaho Code; and provided further, rs nate the appointed board of c and thereby app:inz and =h agency created after July 1, 2011, shall not transact any busi- 45 ignate itself as the board of commits_:-__rs of the urban r=::eaa1 = e.=cise i zs powers provided for in --his chapter until (2) a major- m for not more than one (1) calendar year_ tS-»iC:c 212Ct - do- �' --•3=-- --- _- I` =r'a=-- -- - _ -___- �--- Meridian City Council Meeting Agenda June 9,2020- Page 235 of 427 43 Idaho Code § 50-2903A Plans adopted post-July 1, 2016, 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 adopted post-July 1, 2o16, and subsequent modifications to those plans. Meridian City Council Meeting Agenda June 9,2020— Page 236 of 427 44 Idaho Code 50 - 2903A (continued A modification shall not be deemed to occur in the following limited circumstances: (z) To make technical or ministerial plan amendments (2) To make a plan amendment that increases the revenue allocation area boundary by up to 1o% (3) To de-annex parcels from a revenue allocation area. Provides statutory justification 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 June 9,2020— Page 237 of 427 45 Effect of I . C . 0 - 2qo-�A - Summar5Y • Plans maybe amended for any reason (subject to the statutory limitations set forth in Idaho Code gg 50-2033 and 50-2904) without risk of a base re-set • For plans adopted post July 1, 2o16, 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 June 9,2020— Page 238 of 427 46 "With specificity"' Idaho Code50 - 2905 Idaho Code g 50-2905 was amended to address the contents of a plan a . Requires that a revenue allocation area plan must state with specificity 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 June 9,2020— Page 239 of 427 47 Plan specificity what does that mean ? • Requiring `specificity" will 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 June 9,2020— Page 240 of 427 48 Idaho Code 5 50 - 29o5A Limitation on use of TIF to fund construction of municipal buildings and mu lti urosesp sports stadium p p complex • Three-part test: • After July 1, zo1g, revenue allocation funds or revenue allocation funds aggregated with any other `public funds" may not contribute to ,51% or more of the total "project cost" (excludes federal funds and federal funds administered by a public body); AND • the project is for construction of a `municipal building," or a "multipurpose sports stadium complex," or a remodel of either; AND • the total project cost exceeds s1M • Voter approval: if triggered, 6o% of the participating qualified electors residinq within the borders of the qualified municipality; election subject to consolidated election-laws Meridian City Council Meeting Agenda June 9,2020— Page 241 of 427 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. 50-2oi8(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, other judicial buildings, fire stations, jails and detention facilities • 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 June 9,2020— Page 242 of 427 I . C . 50 - 29o5A - Exception • Exception to "project cost" — certain infrastructure improvements are not subject to 51% 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 June 9,2020— Page 243 of 427 51 Idaho Code 1 o - 2 5 93 State Tax Commission Repository Idaho Code g 50-2913 established urban renewal reporting requirements and penalties for non-compliance. Meridian City Council Meeting Agenda June 9,2020— Page 244 of 427 52 HB587 202oHighway District Levies • For RAA first formed or expanded to include property on or after July 1, 202o, all 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 June 9,2020— Page 245 of 427 53 ISSUES IDENTIFIED OVERTHEYEARS BYTHE IDAHO LEGISLATURE AND URBAN RENEWAL CRITICS Meridian City Council Meeting Agenda June 9,2020— Page 246 of 427 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 if the limit is exceeded ��Giveaways" • Perceived lack of • 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 June 9,2020— Page 247 of 427 Meridian City Council Meeting Agenda June 9,2020— Page 248 of 427 56 �E I '! tN -- ITEM SHEET IDANO Council Agenda Item -7.B. Presenter: Estimated Time for Presentation: Title of Item -Third 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 Council Notes: IL ATTACHMENTS: Memo to Council Cover Memo 6/4/2020 Ord 20-1882 with Exhibits Ordinance 6/4/2020 Urban Renewal District FAQs Backup Material 6/4/2020 Urban Renewal Presentation Backup Material 6/4/2020 REVIEWERS: R Action Clerk. lWeatherly,Adrienne jApproved 6/5/2020 -9:56 AM Meridian City Council Meeting Agenda June 9,2020— Page 249 of 427 E IDIAN:-- Community Development Dept. I DA H O Meridian City Hall, Suite 102 33 E. Broadway Avenue Community Development Department Meridian, Idaho 83642 MEMORANDUM DATE: 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 de-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. History 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 deannexation 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, Meridi�n, l�.838,12 * PhQM 20.8-8�4-5d531 * F�x 20(�$-811-68� *TZ� .meridiancity.org en ian i y Cound eeting gen a une 2 — age 0 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 de-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 $3,000,000 impact fee City contribution for the Community Center(Attachment 5.1). REFERENCE See the attached URD FAQ document and the Urban Renewal 101 from the consulants for further background on Urban Renewal and how it works. Sincerely, Cameron Arial, MPA, Ph.D. Community Development, Director 33 E. Broadway Ave, Meridizn, l�.838,12 * PhQM 20.8-8�4-5d531 * F�x 2g(�$-811-68� *�v� .meridiancity.org en ian i y Cound eeting gen a une 2 — age 1 0 URBAN RENEWAL DISTRICT ORDINANCE - 20-18 82 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 ORDII Ae,Sian�iiy you ncil Meeting Agenda June 9,2020- Page 253 of 427 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. 20-1881on June 9, 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 ORDII Ae,Sian�iiy you ncil Meeting Agenda June 9,2020- Page 254 of 427 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 and June 9, 2020, held such public hearings 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 ORDII Ae,Sian�iiy you ncil Meeting Agenda June 9,2020- Page 255 of 427 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 ORDII Ae,Sian�iiy you ncil Meeting Agenda June 9,2020- Page 256 of 427 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 modern 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 ORDII Ae,Sian�iiy you ncil Meeting Agenda June 9,2020- Page 257 of 427 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. (j) 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. (m) 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 ORDII Ae,Sian�iiy you ncil Meeting Agenda June 9,2020- Page 258 of 427 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 ORDII Ae,Sian�iiy you ncil Meeting Agenda June 9,2020- Page 259 of 427 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 : `Gp44O�ACEDAUC�sr ,9ow TEST : VCity of E ILIA . iDAH 7 obert E Simi on, Mayor SEAT . o City - �F yr � h e TC URBAN RENEWAL DISTRICT ORDINANCE — 20- 1882 EXHIBIT 1 PLANNING AND ZONING RESOLUTION PZ-20-02 URBAN RENEWAL DISTRICT ORDII AeNi E �l y i;bg ncil Meeting Agenda June 9,2020— Page 261 of 427 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 conformity 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-1 of 2 Meridian City Council Meeting Agenda June 9,2020— Page 262 of 427 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 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: .. ,/"" - ATTES • air, , :anning and 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 June 9,2020— Page 263 of 427 Mayor Robert E. Simison C� E IDIAN �� City Council Members: =_� Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault H O Luke Cavener Liz Strader 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 June 9,2020— Page 264 of 427 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 predominantly follows 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 the facing 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 ground floor retail or office uses. The City has developed specific architectural standards for 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 document for redevelopment in Downtown Meridian. Please see Chapter 2 Premier Community for more information on Destination Downtown. Sample zoning include O-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 (O-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 B), which EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda June 9,2020— Page 265 of 427 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 could provide for incentives such as infrastructure and infrastructure reimbursement through tax increment financing (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 and proposed redevelopment may take place, but could do so transparently as part of negotiations for partnerships with the Urban Renewal District, and through public hearing and administrative approvals with the City. Staff will review future projects for 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 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. This is critical work to be done proactively, as the City does not have any site or building design standards specific to Downtown (just general traditional neighborhood design), or for policies related to historic preservation and enhancements. NOTE:Development of design standards downtown has not been preliminarily identified as a high priority project for the City. • 2.09.01B, Establish incentives to develop gathering spaces and civic facilities within Downtown. A new urban renewal district could provide for incentives such as gathering spaces and civic facilities, which could be reimbursed through tax increment financing(TIF). Part of the Union District Plan specifically references a public private partnership, including the City, for the construction of a community center. • 2.09.01 C, Work towards mitigating and removing floodplain issues around Downtown. There is no floodplain in this area of Downtown. EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda June 9,2020— Page 266 of 427 • 2.O9.O2A, Actively implement action items in the Destination Downtown Plan. Destination Downtown was created by the Meridian Development Corporation for the downtown Urban Renewal District, and adopted by the City. This plan was extremely broad in land use diversity, area, and scope. The project area for the Union District Plan is included within the Destination Downtown area, but previous efforts failed 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 opportunity for more renewed and focused efforts, both geographically and in implementation activities. • 2.O9.O2B, Pursue grants and public-private partnerships to enhance Downtown. A new urban renewal district could both provide grants and make more competitive applications for grants, by utilizing a dedicated funding source such as tax increment financing(TIF). • 2.O9.O2C, Develop programs with local partners to expand art, cultural, and educational facilities in Downtown. There are several references to these activities and facilities throughout the Union District Plan. Art may be done both as public private partnership, or independent of development, and educational facilities 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 has focused a great deal of time, money, and energy in downtown. Staff recommends caution with multiple independent entities exercising self determination of overlapping activities. • 2.09.O2D, 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 locations for these to occur is addressed. • 2.O9.O2F, 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.O9.O2G, 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 allowing for these types of uses/attractions, 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.O3B, Promote Ten Mile, Downtown, and The Village as centers of activity and growth. The Union District Plan seeks to redevelop some of the most blighted property 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 used public spaces outside of traditional parks. By successfully EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda June 9,2020— Page 267 of 427 redeveloping this highly visible blight, Downtown will be well placed to offer and promote a dense concentration ofpublic spaces for activity use by many. • 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 community facilities. • 3.03.01 E, Encourage infill development. The unstated purpose 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 community facilities through public private partnerships. • 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(including financial analysis). • 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. • 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 of floodplain impacts however, the City does not have much in the way of requirements or regulations to this end. • 5.02.01A, 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 and permit approval for structures in this area, if this policy statement is a priority. It would be difficult to suggest that preliminary concepts for 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 without further integration of ideas and themes. EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda June 9,2020— Page 268 of 427 • 6.01.01 C, 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 projects for implementation. Improvements to East 3rd Street specifically would greatly enhance bicycle access into downtown, and provide more options for local residents and stakeholders. • 6.O1.O2D, 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 projects for 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)projects for both Broadway Ave and East 3rd Street would go a long way in highlighting the value of these projects and encouraging their construction. • 6.O1.O2L, Work with ACHD to implement projects from the 2012 Downtown Meridian Neighborhood Pedestrian and Bicycle Plan. While not directly referencing coordination with ACHD 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 bike facilities, and a safe multi-modal, north-south connection is needed between existing pathway 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 June 9,2020— Page 269 of 427 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 3Yd 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% of Meridian'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 opportunity for historic preservation outside of agricultural themes in the larger community. Several goals from this plan are relevant to the Union District Plan, including: o Goal I Preserve and enhance Meridian's historical, cultural and agricultural heritage. o Goal 3 Heighten public awareness of historic preservation in the community and improve preservation education efforts for various audiences. o Goal 4 Maintain and strengthen support for historic preservation from individuals, commercial property owners, local organizations and neighborhood groups. These goals for the Commission (and City) are not just about preserving, but also enhancing and generating awareness of Meridian's history. Additional objectives for 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 opportunity for 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, and part 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 June 9,2020— Page 270 of 427 • 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 Block project. Objective 4.3 of the Meridian Parks and Recreation Master Plan identifies expanded indoor recreation space as a priority for the community. Pathways are another significant element of this plan, and further emphasizes the demand for connectivity improvements to and through downtown, and the project area. • Meridian Pathways Master Plan The Pathways Master Plan identifies north-south (East 3Yd Street) and east-west (Broadway/Rail 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 corridor phase I and phase 2 improvements. Two of the last projects left in the Downtown Meridian Transportation Management Plan are the East 3rd Street connection north of Carlton Ave and south of Badley 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 necessary for the larger downtown area to be a thriving center of activity. The Union District Plan could benefit both of these streets in close proximity to the areas set for expansion. • Downtown Meridian Neighborhood Pedestrian and Bicycle Plan Developed by ACHD, this plan identified a number of community drive projects to enhance the pedestrian and bicycle connectivity in the area. ACHD has been diligent in programming and constructing these projects, and one of the last significant components is identified sidewalk improvements on East 3Yd Street. There are sidewalk gaps in the project area and the rail crossing is unsafe and outright impassable for some with mobility disabilities. One of the projects in the Union District Plan would include street improvements to East 3Yd 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 /�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 June 9,2020— Page 271 of 427 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 J I I I I u I 0 Medium Density Residential Industrial E STATE AVE -- 2 -Civic ® � h , 0 Old Town 1 0 Mixed Use Community ' E PINE=AVE� C 0 y N II IITII = �I I I F V! W ll --ILLJJ �N Z m n� W IDAHO AVE - H ®_ �? i W CWJJ rn lmzHEI - AHO-AVE—Z z M W W BROILI ADWAY AVE- FiEl Z � yE BROADWAY AV�I UTZ Q N M W Z 11111, ROAD=ST=Z i W_BOWER:ST-2 11 E BOWER ST �iFf J ZNQ �N E A`J DA:ST-N Legend N Urban Renewal District W TAYLOR AVE a� Parcels E KING ST- } Railroad ®71 I N ��250 Soo Feet EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda June 9,2020— Page 272 of 427 Attachment B: Related Policies The policies below are from the City of Meridian Comprehensive Plan. For policy type: G=Goal; O=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 O 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 O 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 reduced fees for 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 O Support redevelopment and infill opportunities Downtown. Economic Excellence 2.09.01B A Establish incentives to develop gathering spaces and civic facilities within Economic Downtown. Excellence 2.09.01C A Work towards mitigating and removing floodplain issues around Downtown. Economic Excellence 2.09.02 O 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 educational facilities 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 center for mixed-use tourism,business,retail,residential,and EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda June 9,2020— Page 273 of 427 ID Policy Policy • governmental activities. 2.09.03 O Cultivate unique and diverse destination-type activities within Meridian's Economic centers. 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 O 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. 3.03.01E A Encourage infill development. Growth and Population 3.03.03G A Require urban infrastructure be provided for 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 6.01.01C 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.and/or 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 June 9,2020— Page 274 of 427 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 June 9,2020— Page 275 of 427 Attachment C: Meridian Pathways Master Plan Meridian Pathway Plan ......Alternative Route —Existing Pathway ?� E STATE AVE Street Route -•--- Proposed oposed Pathway E-P.INE-AVE h h H x �I N uai �u N W Z W IDAHO AVE"' y _}? y z ■ E IDAHO AVE z�z zW BROADWA a� .........................:Q.EBROADWAY-AVE W LN ---------- � Lu W W 2 W'RAILROAD-ST .__.... Z................ .........................----------------- ■ "-------------------------------------------------- W_BO.WER:ST -4 BOWER-ST " 1-LLLJ W 9y� y Z N.¢ E qrDAr-s�T-r 1-T Legend N Z. ;Urban Renewal District W-TAYLOR-AVE �,QTFR { ❑ 0 Parcels :*_E KING ST �LJ�L i -•— Railroad ® I N ��Feet EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda June 9,2020- Page 276 of 427 Attachment D: Downtown Meridian Street Cross-section Master Plan Examples Main Street MAIN STREET.Ada Street to Carlton Avenue .... _ {YewFacin9 Narth} Oesgn is based on eaents p' Prasarration of existing ROW.h#btam M Busting mrbline along ri Parkng - psalkl parking. V Sidewalks _ °O 1 -� _ ois nve Pathway m •CC F Streetscapa Bnffar ParhvaY Bufler li Furniture Q it, F Lighting n Edging edge of ROW NdMdnenisting arh goes Mnintah edstnp0.drwd Edsling edged ROW wish prdld parkitp(typ.) WPdootm Wt.CLd Raed I,- 26'io CLei&aa, wpkdool intended to be consistent thematic elements,and must reconfgu ration.Future improvements will generally be Ada Streetto Carlton Avenue be carried forward appropriately as consistent entryway located behind the back of curb,and occur either through thematic elements for the length of the corridor. private redevelopment and infill projects,or On provem ants CONSIDERATIONS: Cross-section Width 80-feet(ROW) RO-feat DESCRIPTION Of ULTIMATE CONDITIONS: byes and rots to Main shouldDrivewaysrestricted or Unnecessary Main between Ada and Carlton is traditional downtown access points to Main should be restricted or removed Road three lanes with ihraa laces with teeter street lined predominately with older buildings and some The onlysignificant variation to thetypical a,dSting(2013) withredevelopment,particularly near alleyways center corn lace wre lace infill redevelopment.Restaurants and professional services street cross-section is the potential forshortcenter median parking Parallel/Angled(both Parallel(bothsldes) are the predominatetypes of existing uses,with some gov- islands.These islands are envisioned to occurwhere traf- sides) ernment services and a number of historic structures.The fic patterns will be minimally impacted,generally only Parking Cq,t0y` Ill 82 street is critical for north-south vehicular and pedestrian restricting alleys from becoming through streets,and be tlalkways lea.soda) b-feet detached b-feat detached,mI,. connectivity,and is the primary arterial access for busi- built to provide additional aesthetic and thematic ben- 'arias ness and residential uses between Fairview and Franklin, efitsto the street environment.On-street parking should Nafker(..,,de) Vanes h feat per standards generally be parallel where it occurs,with angled parking Pathway Nona Nona INTENT: discouraged due to traffic and safety impacts,especially Olke Sapp"t Nene Sharr The intent ofthis cross-section is to maintain and improve for bicycle users. Parking impacts and luture values era estimates.do "'dcate"tarim connectivity,and balance the needs of both automotive aondwons.and assame fell compliance with cross semlon.Orbeways.fire and pedestrian uses.Detached walkways and landscape IMPLEMENTATION PROCESS: hydrants.and othercendieons mar alter final c L See Parking section buffers arethetop priority,with on-street parking also Inmost cases the actual roadway for the Main Street cross- ender So-eet Design. 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 DESIGN EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda June 9,2020— Page 277 of 427 East 211t Street EAST 2ND STREET: Broadway Avenue to Carlton Avenue {'hew Facing Narlh} Design is hasedaneeants Praserratian .ar." a `CO a P_ deasting ROW, V' Sidewalks F \ e e r Pathway V\1501" dp f wa fee Streetscape Buffer ` f Parkwap Buffer jr v e e � V t Fe Furniture W Lighting 4- ✓Required.•0esired R RADAST Easlingedge d ROW Easing edged PBW 19'Padetrien 21'to CL d Read 21'toRto1 Read t �Mi Note:See the Wwpndices far alternator cross-seaian designs While cross-section conflgurationswith increased parking IMPLEMENTATION PROCESS: Broadway Avenue to Carlton Avenue are provided,in most conditions parking servicing local As a segment,the frequent cross-street and alley breaks CONSIDERATIONS: businesses should be consolidated off-street or located allow East 2nd to be developed more piecemeal than many Cru section Width 80-feat(ROW) 80-feet elsewhere,allowing for a more lively and dynamic pedes- other areas of the City Core.However,the curb-less nature East 2nd between Broadway and Carlton consists of short trian environment that increases area draw. ofthe identified cross-sections and resulting grade changes Read Two-way Twn-way,curb-less block lengths with frequent cross-street and alley inter- DESCRIPTION of ULTIMATE CONDITIONS: with new facilities will likely require improvements to be Parking Angled and parallel Angled,parallel,and sections.The only through truss-street on this segment none made for the full width of the cross-section(both sides of however is Pine,with all other streets dead-ending within East 2nd is intended to be a charming traditional down- Parking Capacity* 78 57(may vary) the road).It may m possible for redevelopment to occur traffic movemena mile.This ts an Connectivity ovides add t onal op ort nities din n street ex experiences through h unique uer e design enhancements s ng and in t there is increments,between a cost-street and alley, Walkways(aa.side) and m,.I,g teacher. sag-ro,. separated,width varies. p pp 9 p ri q g buttherec likely greater long term cost-savings tocoa 5-feat or let: 5-feetni for pedestrian supportive focus and enhancement. and comfortable pedestrian spaces.While trees are kept whole block at a time.Storm-water is an important can- to provide a more pedestrian scaled and comfortable sideration.Improvements should occur as public-private Buffer(ea.side) Varies V%das.mm Is'whore INTENT: pedestrian environment,they are pulled further from the P p p eits wuh walkway pace awareness, generate and foster greater place-making, pathway None Nana 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 and limited traffic allow for multiple cross-sections,which community streetscape uses,such as outdoor dining. renovations able to make use of the facilities. Bike sapport None Nana while consistent in thematic and alignment,offer a vari- Cross-section options exist for medians or other special 'Parking impacts and faturaralues are asrimatas,du at indicate mtari. ety of configurations.Priority improvements should be street features such as topiary or artwork.See appendix vondlrians.and assume fall rearahaure with cross Bastian.Dri,m,ys.fire focused on a wider pedestrian environment with emphasis hydrants,and other oondaious may alter final count.See Parking section on unique and memorable place-making configurations. ander8o-eet Design. DOWNTOWN MERIDIAN CITY CORE STREET CROSS-SECTION MASTER PLAN STREET DESIGN EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda June 9,2020— Page 278 of 427 East 3r6 Street Franklin Road to Broadway Avenue _ IV Facing North) �X ,� Oesign u based m eastern edge d a E 0',� edsling RRW,hul may vary it eom fJ Preservation e � a,� sislent krmMinuaus segments Ff Parking ' FY Fe Pathway _ I. St—tscape 80for f✓ Parkway Buffer � y r F-itore 1 Fe Lighting °E .'Regelred.�0esired :¢ EAting edge d R8W 37Pede.m. N'to Enotiog CLnf Road Lvaries) 7 21110 CL dNe Find Adig-tot W'Pedest'n A INTENT: ample buffers for the detached pathways and sidewalks Fronk(in Road to Broadway 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 Cross-secrion width 80-feet(ROW) 784at pedestrian connectivity between Franklin and downtown. be developed at street corners to further enhance safety East 3rd between Franklin and Broadway is predominately The required ten-foot detached pathway must be on the and provide additional opportunities for landscaping and Road Two-way Two-way residential in nature,but is entirely within the Transit On- west side of the road,which has fewer driveway conflicts additional district thematic elements. Parking Parallel P-11.1 ented and Cultural district(TOD)_Improvements should be and opportunities for further reductions with redevelop- IMPLEMENTATION PROCESS: Parking Capadty' Vanes 51 supportive of higherdensity and transit supportive uses in ment taking access from alleyways.Walkways must be Wdkwas(ea.side). Vanes,ato 5-feet, Detached.B feet min. ultimate conditions,and all efforts should be made with detached,and residential appropriate lighting provided Though implementation may occurwith fragmented parcel y fragmented gaps (east side) redevelopment to provide for additional enhancements to enhance safety.On-street parking should be provided, specific redevelopment,it is assumed that implementation Buffer(ea.sidal Vamas 8-foot landscape huff,,. which capitalize on these future services.Alleyways are but angled and perpendicular configurations are heavily of the pathway will require concerted efforts on behalf 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, Pathway No Yee.lO-feet min.(west must be adequately signed and enforced to ensure pedes- reduce back-out conflicts with through traffic. safety,and quality of life,and should be implemented in side) trian safety along the corridor.While alley use is already blocks and segments.Interim redevelopment enhance- Bike Soppe,t No Shar,ows predominately one-way forwestbound travel,this should DESCRIPTION OF ULTIMATE CONDITIONS: ments may not require full improvements if MDC and 'Pa,kiag impacts aid fosc,e.aiva:era aanmata:.do cor�adicata'miadm 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 condieons,and assume fair compliance with cross—coo Ortreways,if,,hy- and considered for access with redevelopment. corridor,it is important for connectivity into the down- components,but redevelopment must make allowances dram,and other condition:may alto,,,,.[count.See Parking seam,ode, town area and should be inviting.Tree lined streets with for future installation. Streot Oesigm DOWNTOWN MERIDIAN I CITY CORE STREET CROSS—SECTION MASTER PLAN STREET DESIGN EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda June 9,2020— Page 279 of 427 Broadway Avenue to Carlton Avenue . w _ IV..Facing North} ' o Preservation d Oesign is based w eaderc edge of P ,�. E ►- .ddi.g ROW,hm..yemy ileum e At '-' sidenl kr wmiwws segmems Ii Parking y.('' ' A p' Sidewalks C - -E F P.[hwar � � r. street..aPe6ulfer _ .� _ it Pnrknapre buffer f Furnitu H y W Lighting rn L -4 ✓Required.�0esired � .R m 'ra" na��❑ z Eddins edg.d ROW 22'0ed.deiren ITt.Eddi n CLd Rwd(reriw) -3' ZI'mCLdN..R.ad Wign..d 14'Pvdmt.nn tion south of the tracks,and to help improve pedestrian and provide additional opportunities for landscaping and Broadway Avenue to Cartton Avenue connectivity with urban uses to the west.Walkways must additional district thematic elements. be detached by landscape buffers with large canopy trees, CONSIDERATIONS: and residential appropriate lighting must be provided to IMPLEMENTATION PROCESS: Cross se.tion Width SO-feet(ROW) 76-feat Though East 3rd between Broadway and Carlton is pre- enhance safety.On-street parking should be provided, Though implementation may occurwith fragmented parcel Road Ew.way I.. q dom rate residential in nature,it is adjacent to three but angled and perpendicular configurations are heavily specific redevelopment,it is assumed that implementa- N,kinq Parall.l Para6.1 different commercial districts including the Northern discouraged to ensure continuity ofthe pathway and to tion of the pathway will require more concerted efforts Parking Capamty' 63 64 Gateway,Washington&Main,and Traditional City Core reduce back-out conflicts with through traffic.All rede- on behalf of MDC and the City.Interim redevelopment W.Ikwave Attach.d d m 5-leet. Detached,6-feet mm, 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 fragmemed gap. (ea.t.me) identities,with the proximity to the commercial districts, residential nature of this corridor segment. City is not able to expand and maintain pathway com- 8-loot land:cafe b.lfer. opportunities existto blend boundaries for uses supportive ponents,but redevelopment must make allowances for Odf.r(ea.aloe) uari.. mm. ofthe overall Destination Downtown vision plan. DESCRIPTION OF ULTIMATE CONDITIONS: future installation. Pathway No Ye.,fOt min.(w..t While East 3rd is not intended to serve as an entryway ..de) INTENT: corridor,it is importantfor connectivity into the downtown Irk,Support No Sharr The primary intent ofthis cross-section and anyvariation is area and should be inviting.The tree lined streets with `Parking impact:and fete ,h..are esemat.:,do.otlndicatt mtedm to provide for a safe and convenient north-south pathway ample buffers for the detached pathways and sidewalks c.rditi......da...me Fdl comPlian..wIth,,,—fl-II fmhy- connectionbetweenCarltonandBroadway-The required are all important safety and aesthetic elements for the drams.and other conditions may alter final count.See N,kinq...in,under ten-foot detached pathway m ust be on the west-side ofthe long-term health ofthe neighborhoods.Bulb-outs should So-eet Design. road to maintain alignment with the pathway configura- be developed at street corners to further enhance safety DOWNTOWN MERIDIAN CITY CORE STREET GROSS-SECTION MASTER PLAN STREET DESIGN EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda June 9,2020— Page 280 of 427 Broadway Ave BROADWAYAVENUE: Main Street to East 2nd Street m {Yew Facing Eeel) l ,.® Design rs based on ROW along Td rvatlon ', nonM1erngalks -ay fanape Roff"ay Ruflee 'C�y rengea.�0esirea :A F it !a5i _R E,otirg edge d RRW IB'Ptlaldm Wta fdelingEL d had(varme) 811'ta CL.H1 RadM nned YY Pademnm should reflect this.While the ten-foot multi-use pathway alignments across intersections,and to reduce setback Main Street to East 2nd street is required on 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: Crows a cllcn Wldth 79-feat(ROW) 84.5-feet 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 Twa wag Iw,wey trial storage on the southern side of the roadway,along to improvements are required,and must align and integrate activities and allow businesses greater street presence will Parking Angled Parallel 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 Capaeitr' 31 18 disrepair on the northern side.Sidewalk facilities are also in of the block,on one or both sides of the roadway.Unless N lachad.4 to 5-feet disrepai r,and non-existent on the south.The streetscape DESCRIPTION OF ULTIMATE CONDITIONS: large scale redevelopment occurs,public participation will Walkways(,side) north side.none en 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 necessary for implementation and play a large role in sovtM1 side, the corridor segments both to the west and east—only required streetscape improvements,and a widerwalkway redevelopment ofthe streetscape,particularly with the Hoffer(aa.side) Venes S-feet parstandards this segment is lacking improvements. consistent with other corridor improvements to the east. multi-use pathway.Wth eventual removal of existing angled Pathway Nona Yea The south-side of the street provides the required path- parking,it is expected that additional off-street surface or Oike$uppoT Nona None INTENT: way connection,but may simply mirror improvements on garage parking will need to be provided elsewhere to offset Future improvements will need to support mixed use the north-side,or'ust meet streetscape standards if the loss and accommodate future downtown parking needs. '.d,t,,.Pa,kiwii and and f.11 names are oalmata:,do nor�ndiaate interim P PP 1 P P 9 conditions.other condition, oq[ten with cross x See Pa.Ong-tioAra hg- developmentand balance the pedestrian environment with pathway is integrated into future development through the Improvements on the north-side of the roadway should drama.and other eondamne may altar final noun[.mee Parking,ammo 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 Street Cesiyo. men&on both sides of the road will be transit supportive of angled to enhance safety and create a more pedestrian land to the south. higherdensity m ixed uses,and the pedestrian environment friendly corridor,and to lim it wider cross-sections,maintain DOWNTOWN MERIDIAN I CITY CORE STREET CROSS-SECTION MASTER PLAN STREET DESIGN EXHIBIT A TO P&Z RESOLUTION 20-02 Meridian City Council Meeting Agenda June 9,2020— Page 281 of 427 EXHIBIT 2-A NOTICE OF HEARING - MERIDIAN PRESS URBAN RENEWAL DISTRICT ORDII AeNi E �l y i;bg ncil Meeting Agenda June 9,2020— Page 282 of 427 IDAHO PRESS-TRIBUNE EMMETT MERIDIAN KUNA BOISE WKLY C/O 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 June 9,2020— Page 283 of 427 IDAHO PRESS—TRIBUNE EMMETT MERIDIAN KUNA BOISE WKLY C/O 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 „osM°°IN an, nioy °ry'w bn s isi ey ia;meleesLup a u ~n aAss�top oAnk P11-Then IPPos'ed`JIban f�enewal Plan'f,the a <,tbe Ageny of Meridian Idme, kn as Meridian geve'le;°ant& inn�ef 98 T reale—ands sW e tiif°ns duel°faarRies fo,eie dn,y Pars d mbebelaa lP dkn`Re h�Aa ample,2o,ld Code,as amender The Plan bsin e s4 t� of 1.5,Tlb 118-110 the'AbkE el opment Au,Title 509ChIll 29�l-Cconml.8—n ,malfltwili cause propel"taxes long trom any inueaseoin'equDall assessed valuation in ex,ress of the eyuelizaeu aasekaeU valuation as shown on the base nuary1,2o20, m be allocated m the Ayen,ry for urban renewal Puryoses-The Ayen,ry has adopted antl ommendetl Iprovalaof the Plan. he general scope antl oblsuivss of the Plan are_ e enghn ng dkl instalae ong cnutruuq a anrllNr MconSroumE 2 steere and maereda I,I dudIn b mbro" Pasd UP91-s<io a�,ailakoa 8 .n tre eta -1,gt,lamed manb% y imProvemeus a c89nals" ada awe ring.design Ina anmon metro«ion,angle,renew«°of sire are,ma_ment infrestuuure re suP. mpliand.1h.d,t,81-, lo�reguia1ensfP18.1m—di,lageardthsUdbonpl—devebpe sng 18,1,d8kl,mefauaeon conawlon,antlro,reconawl�on of n1�yg(1t rea1 `Lay but na oIn-m imProvemenre a upyadss m the wain,msmbution sv creaaUivs�mo°ovsmhrl�w 8-PI,U'-88 ,sewers stem impro MIP,and UP9redes,9i kl mtere em,,o PI Imo rm epents.a U u�retles m W..arr 9aaabs,opucacommunicvuI and ahs,sucmanhtsa Cone c Area d—lly relared ins growth and dsysloPmero Amin the Proieu Area,but Cannot be's1nd I��n-PIoill A,ea,,o u,viru,o„sloduio nds,eround utotss;s imp ovem—of 19-�d J1.1-ya d�mnas and lareral8,a Ueryrounuhyeo�Paaiay of"i mla'Is; a, 8Ikoes oosome,commwidazion sysrems:Public Panmg rareness.I ns,PublioimProvemenre.in umry re Prorelion sysrems,ro ins,"doers,I _Pss,w o,Purt�oss8 of this Plan,mse Tenn neatsaapeelmdutlles sides 1,li9htlny,land-p ng b ,si9na9l blke reeks.pub'Ik�i ea.an ffab�and nyneof—Y Imo;and a 1 pubo,;improvsmend,sincudmg Pubo,;open spacres than may ae u'adm.s'PAPAl re by en9ineenng,design,Installari on,aAS11 md nt8P I, mm creation th d relareU Public improve engineering Uesiyn,Installmi on,aAd111 cnnswuion of a public parking stuuure o,stuuures antlro,Public su—d Ilk7p bt antl relatim Public improvemenre: y. e Provlsi on for Pamapazlon by Property owners antl developers within the Proieu Area to achieve me obi—I of this hImameu a any Property acyuireU by and untlerthe ownership and conwl of the Ayen,ry; ,provision for relocarion assistan,re to csPle,reI Proieu Area 11UParrts and/or businesses as aresult of any A9enly I required by law, M1maelopment or raUevslopm-a lPhd by Private en.Aldd or public IenUes for uses in ace b-8 with this Plan; eda quisitlon of real Property for public nyheof way improvemenre,Pedestrian faulitlas utllity undr9rounding publicP 1 inyM1bsalitpea^u bleyablicetPl mi'eUPiohfuwre' spos`ieoen o yuairfiedrevelonpersansiio yuaife�aeveiopmoenis"'inuutiinl el Imd"Id 8l public entities: p 4 uinys and/orimpprovemerrts for Public nyhreofway,PeUestian faclties,ut eanbnarr utin reancrl moltiilrtf P1.8 dus'kenablal pubic eFfllidz,P arcels,antleiimenarereunY'e pl—k unsP,. or unsafe clonat.— meUPublicwel reor otherwisere remove orre Prevent the sPremof UetendPdd e eais�o8t on'of reai prroPertynno yna c mPetroive Par"mess"iln-1raance wain tens al an,Idaho law indl ubin g o zo11, mspositon Polices adopted by me gyenuy; g Idaho code -Tne rehabiumeon and adaptive reuse and repurpoaing of Ikth9 swuurea and improvemenre; e Preparation and as aembly a meyuare sites fo,the development and Instuuion a rxmties for mixenuse,residential, c tpty.y To me le.ren'tl allowed ey sawaielna o'r en es`ieaera or'etate isnaem iactiiiataredreaevelo'pmemlines, redevelopment exidl red assessment and remeUiation a brownfielU suns,or suns where environmenml contlitions dtrimendl th ProPsrty owners and Dins,arekeholdre woniwth the city m amend zonmy regwaeona of necrea�Ina e 8—II is a'n ar d gumsr�nes for the design of steeretaPa Plazas.Psdsstian,remdore Parks,open spare and oths,oke pualq sPacres a aocmis m the Proisl Area as needed m suPPon�mPlsmenremn of this Plan one anme I�en n�UPar�en m the one Tien rm cement r Puminm9 thUlieea PPonadairealsvena fomofdveleAMtZfi enha hvitdity nPt`ae�Area: I,IPV�ioPa'tfafin efsran Ilthrelaclieeaandtheenhanlmentandlna hen 1Pa a.e naPala.an uuhs Provision of fmanaal and ahe,aaaiarancre m sncourQys and av,al buatheaa snremnas incudiw but not omired m araro- s and mie,obu8158,unique re,nurel busmksses,m zee oompaniea and 1.198 alh dIA adons: mPlsMkIlPn of Psaonnan,re,mrena m assure high sire Uesiyn star III and Tv ;Fain ad o ne;idea e l sen`snwa'an Y s efunea anpmem"aK e e y y Pro n tdArvk ea,pine o domm,tId"ou"elw m;euwea and fi en da'a of a reaouro othd,relare imProvemenrerotheaeaetfern,abe arrenheraetfe inthePlanAa ment5- An su g ar�bed iu the'PI a wilabepn confouman with xboninyllfor ue CIQ f MenNanreantl trehe Ciry of Meb i 0 raM1 soesPlandas alto a a ells le e evel pbd by pu ppusses 0Cppu venues es IzaU by le-The Plan idItfrea vanoue public antl pnvam improvemenre whl,,h y be rha wlthln the P,Pjk1 Ark. stny of apphd res of and Nevelo,1 laAd antl nghtof way near the City'8 J4-1own In,antl is Id IN IM n Street th the west and sAv"us ore pl=ia,IVTrk'unbeU in th`e Plan and UePIueU`inhtheroMepubelow fwY teso uth a 2. .. f vY n AL "k ,r,r �eprea of the NroPol"Plan are en831�`zr�ub sin a n a ioa� M E 'u m:M ,0ush En. day,ex,l�alve e,l,oli.118nThe P,a laso tie auessf 1tnllne ar h�a>rolre,u^e iatil1,Iditonal aasisren d in ob. ,rePyolthe ntrenmarenala,rentau eotiree eCi�Cle*at295.5�5. - adare,ems and Piacre Ired above(June 2,2020,ar emo rim-1,al Persona mrereared in the move mercers may Ph, ,see bs nI heard-aetauae aooial diatam;my orders may bs in seal ar the time of the hsanw.wnaen reatimonv is smou, wed-wnnen restimony must be submined at leastfine working Uays Pnorm the haenw-ore testimony man e (�nremeq o,reePhonic means,and may bs I�meeU m three minus Ps,Psrson a o mnreg amgdaly PartiUPaeng m the w al meeting ren d found ar .md"an aFna dfe regaroing Providing resemony in ImPlianl the —oL 1 di-,n,e anoq a °rs zlo'a.`�a.��e,by email atdwde,�me,g a m tiff may be mrem by ll: red`P5"a°la fo"eesalele e oe�"ons'whith h8l,`�ya0Alks a1 moe;men<k."`nni"d"als warr"nt-saailh s"mby e°e kt.A, —Ing the City 2n hours Pno,th the hIa A, ATElt Apnl 16,2020. n—nson, y e,k Meridian City Council Meeting Agenda June 9,2020— Page 284 of 427 AP,iI 2A.2o29 NOTICE OF REGULAR MEETING AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO TO CONSIDER THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT 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 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 of the 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 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 lot and related public improvements; g. The provision for participation by property owners and developers within the Project Area to achieve the objectives of this Plan; h. The management of any property acquired by and under the ownership and control of the Agency; i. The provision for relocation assistance to displaced Project Area occupants and/or businesses as a result of any Agency activity,as may be required by law; j. The development or redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; k. The acquisition of real property for public right-of-way improvements,pedestrian facilities,utility undergrounding,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 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 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 Project Area. 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 DISTRICT CITY OF MERTDTAN,ADA COUNTY,IDAHO 1 E PINE AVE x x Lr 'E in D O z � � z FIDAHO AVF Z n A 9 N Sd�9'i77f'F MOW E BROADWAY AVE I WRW PISiRer:r � z rrs.�s�ar� ry y 0 r UNION PAC IF:0 ILAILROAO "188'W,19'W B]l.p1 / I f i dtt/ D _ _ �L'^'+ E FRANKLIN RO �IY✓tq']7V7'W 1 j1 16 t77d lY ''lr ypa('y�+ TITS "ROA r, 2090 S.WASHRYGTrNI AVE. Owc 9 UNION DISTRICT Em/y�rID8MIT 1ekara x GILL TRI.A1C ANNEXATION EXHIBIT J;f0)39O-8105 Ti ME OAN-914-6.ID •. ,ate F.' I08 39r8-8!(t5 raaota, SEC, 7, T3N, R1E, 9.�1. 2oe•eIa�13, 1 j/� s� ADA COLNTY, IDAHO ` L C, 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/UnionDistrict.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@meridianciry ora. 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 Ju Publication date:Idaho Statesman May 1,2020. EXHIBIT 2-B NOTICE OF HEARING - IDAHO STATESMAN URBAN RENEWAL DISTRICT ORDII AeNi E �l y i;bg ncil Meeting Agenda June 9,2020— Page 286 of 427 i Idaho StatesmanRICEIVED MAY 8 2020 Keeping you connected I IdahoStatesman,com CITY OF CIV CLERKS OFFICE AFFIDAVIT OF PUBLICATION Account# I Ad Number I Identification I PO I Amount Cos I De th 262513 0004629405 ;hearing re Union District Plan-I $492.00 3 20.00 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: 1 Insertions Beginning issue of: 05/01/2020 —Ending issue of: 05/01/2020 l (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. \ Nota y Public in and for the state of Tex s,residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy) Meridian City Council Meeting Agenda June 9,2020— Page 287 of 427 NOTICE OF REGULAR MEETING AND MEEK HEARING BY THE CRY COUNOL OF THE CITY OF MERIDIAN.IDAHO TO CONSIDER THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROIECT Of THE URBAN RENEWAL AGEHCY OF MERIDIAN.IOAHO,ALSO KNOWN AS MEMDIAN DEVELOPMENT CORPORATION I NO EIS HEREBY-4 IhatmT.1d,,-2,2020,at&.pm,h Gry C—A Chaarber;Mahlon Cly HAL 33E be,w.ryAwv:mwda,Id..,the Gy Coves of the Gy of m'" ,Ida.M-Iyl w.l hou d,rrg%D regal meeti% a wbEk.amg to eaVder for adeptlon the popesad Uban Kesel f Is,the UrJ DeID4 Uban Renewal P,*d(the ' 'Rui).al the Ut Renewal Agony of Ne idan,Naha also kra as Merdat DeW ant[wpaae'.mr('Agauy').1Fe urban renewal ad remove.1 ation area bowdery Is Feehnfm desubed.the N.Fa—that de Agmq,,&.ke j oast rm t poked bMdng Wutty'arg pvb^<IaaG fin ft:r6y,wwanl so Ae kaho Uban Raneval Wv ol1%5. Die SD,Shapes,20,Has,code,as ammded.Pe Ran MN—dued I.adowe,<muhs a rc asa,A a firar<hg paitim pmual e.the Imal Ewrom'<Orrt'apnerl Aq rde S4.Shawn xg,Ida.Code.x a.+.ended,that wA delta Wo W b u m sKFthsg hom ap Laredo h equanzed assessed valwtm In ea<ess al tlse puar.ed astessed rated Oat as shorn M1e bau assessmert raA as al January 1,ipiD,m be a¢eed m the Agmry Im uvban rmavnl p,pous P<Agency has adopted aM rnanmerMM apwwal of D<Han i.general sine aMON,KY esof the Win are: ' a The ev au:n4 design,h DaPada;mnstnutmt a ueeeetra lion of sveets am sbeetuape;lyd,dN b s not Ginned se rrwmwnmD and se,,d kE&oadw/A—,N Naln$treet E.Md SveeL a.E 3rd Street aMsland ",laveda,fatidn,cub ad gnu,sees estkm and r l—II,�grwemma and varc<slgvk; h The ergnening,design,I+euRata,mu--a AIe,manta d-a1 storm veto maagemene hfrnewenue a j s�rypmlcmpgarve vdth kdwal,sute.ad I-I lq Yaf Blms'mnwatn duhage andb sla.Fa6..desepnent P eN!reedry,deiign,irutadadm.comtrdmlan,andlm rmonstruOion of uUstles(within arrd..'e'of the e ProIK Area,Including but rent(.mired to Mpovements and upgrades la the water dim,0,,tlon system,wales apdry anwntemena wale swage upgrade,ovens system Improvements am upgrade;gav,Intumpwt and Improvements and upgrades to poster•gas Fla.opliss e—Wcations aM aUe,suds fad!Ites CansewNon of uOT Iles_,we of the Pmk<l Mea ve&reedy Wlte,f m the grmmh and development with'':,the PF Flt Area,but dentin be sited within the NIS-Nea; d Remank laftq m rdaatlon.1 DF..d ulMia;-1se f e'ectinl dktriNt.lures ad iraxfmreas t+pmremem Of isey tb,A Il barrage&NF,ad lakuls udngram3u+9 es tepmg of later.';Mcke t of flan optic faux m otru man,vutlm systems pbk pakrg 4o5ia ad.,I.pr.hk Myaaameem hdudrg but rent Imred W fire pokrdon system;roadway;curdy giaD,am str—D 4 h kr pupas.of th3 Ra,Pe lean sesetteapes he dKske'A.1,lighug MnduaeMjperch;cage,U4<rak;walk,t IaDd,,, +W mrerdees wep,..by Ile dghldawy fr<;and mho orbkimpmemen"irdudmg p.,Mcopen sparer i eat may be deemee ap�,eyaLate q me Goad; e_ mea�ned.,tg.begin,ntta<arnanum<m+swGonwaaomm�ilyxevKsmtf.arya�areuNdwelmprwvrmn; L The ug%neeMg,design.m'ugaton,aNm ewtstrrdat of.p,ettu easel—e w stauNues ardlm p bk s de,e paling bt orb seated pale h,ppwmena IF Thepwia'on br patep.am bype gDueness addeM,sperswitkn the Rd,.A,a to ads.'—ta.Nes .f dis Ra, h Pemau ,—td,z V perrya<W'ved bT and sinter theasneM'P ard mntrd o(ihe/gency; L the pais'm fin rebradan scstra b dkpdaW PN,eO Nea meuprtb aNa WsamssK az a rK'!t al dry Agerry aOrvRR as mry be reghed q tar, 1. Pa hxSgrrartmtadrdoprartdiaMgphateentep'sempN<a2enrks lm axe Hanadmessidtth's Ra( k Pe xqu-seat o1 deal pop,,fin p.Wz rightof-way ImposTmena pedestrian faafe;volty u,desS,—&N,puts, =1 ffmrde;useah'e p.dA<'ease.Da .'),ad sveetuape Mpmenenls.weak drxr�rnent opp—rites s swnntF.ew.nw>ud'Nhsrmtprreudmht,ednpoilan mqua'fieddre!gmardbrq,OGfed dame kdudmg emram'c dcvdaprant arwbr olFu p:hk entities; I. The demdrton m removal of urlail b,i!dngs mdlm Imprmar U Im PlU'<ISHI-ef v2y,pedestrian(exude u V tedergor:ndmy, ,bF,I addN fnVe,—Ak .b"c Dea,pathways and I-Mape espevemenis in eruourage and etdanu vanspmu[on and m Eq opf.,derreau mode F,ed panel;to eB Its unFeallh A,uwnitary. 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DATED:ApnT 16,202D Me'dii�ty-Council Meeting Agenda June 9,2020— age 288 of 427 hbt,a dale t&.,Statesman May 1,2021 EXHIBIT 3 UNION DISTRICT PLAN URBAN RENEWAL DISTRICT ORDII AeNi E �l y i;bg ncil Meeting Agenda June 9,2020— Page 289 of 427 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 June 9,2020— Page 290 of 427 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 June 9,2020— Page 291 of 427 500 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 improvement 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.......................................... 504 Membership Dues and Support of Community Economic Development ............ 34 600 ACTIONS BY THE CITY AND OTHER PUBLIC ENTITIES...................................... 34 601 Maintenance of Public Improvements.................................................................. 35 700 ENFORCEMENT............................................................................................................. 36 800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW.................... 36 900 PROCEDURE FOR AMENDMENT OR MODIFICATION.......................................... 37 1000 SEVERABILITY.............................................................................................................. 38 1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS.......................... 38 1200 APPENDICES, ATTACHMENTS, EXHIBITS, TABLES ............................................. 38 ii Meridian City Council Meeting Agenda June 9,2020— Page 292 of 427 Attachments Attachment I Boundary Map of Union District Urban Renewal Project Area and Revenue Allocation Area Attachment 2 Legal Description of Union District Urban Renewal Project Area and Revenue Allocation Area Attachment 3 Properties Which May be Acquired by the Agency Attachment 4 Map Depicting Expected Land Uses and Current Zoning Map of the Project Area Attachment 5 Economic Feasibility Study iii Meridian City Council Meeting Agenda June 9,2020— Page 293 of 427 100 INTRODUCTION This is the Urban Renewal Plan (the "Plan") for the Union District Urban Renewal Project (the "Project") in the city of Meridian (the "City"), county of Ada, state of Idaho. Attachments 1 through 5 attached hereto (collectively, the "Plan Attachments") are incorporated herein and shall be considered a part of this Plan. The term "Project"is used herein to describe the overall activities defined in this Plan and conforms to the statutory definition of an urban renewal project. Reference is specifically made to Idaho Code §§ 50-201 S(10) and 50-2903(13) for the various activities contemplated by the term "Project." Such activities include both private and public development of property within the urban renewal area. The term "Project" is not meant to refer to a specific activity or development scheme. The Union District Project Area is also referred to as the"Project Area." This Plan was prepared by the Board of Commissioners (the "Agency Board") of the Meridian Urban Renewal Agency, also known as Meridian Development Corporation (the "Agency"), its consultants and staff and reviewed and recommended by the Agency pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (the "Law"), the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"), and all applicable local laws and ordinances. Idaho Code § 50-2905 identifies what information the Plan must include with specificity as follows: (1) A statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) A statement listing the kind, number, and Iocation of all proposed public works or improvements within the revenue allocation area; (3) An economic feasibility study; (4) A detailed list of estimated project costs; (5) A fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds are repaid, upon all taxing districts levying taxes upon property on the revenue allocation area; (6) A description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) A termination date for the plan and the revenue allocation area as provided for in section 50-2903(20), Idaho Code. In determining the termination date, the plan shall recognize that the agency shall receive allocation of revenues in the calendar 1 Meridian City Council Meeting Agenda June 9,2020— Page 294 of 427 year following the last year of the revenue allocation provision described in the urban renewal plan; and (8) A description of the disposition or retention of any assets of the agency upon the termination date. Provided however,nothing herein shall prevent the agency from retaining assets or revenues generated from such assets as long as the agency shall have resources other than revenue allocation funds to operate and manage such assets. This Plan includes the above information with specificity. The proposed redevelopment of the Project Area as described in this Plan conforms to the City of Meridian Comprehensive Plan (the "Comprehensive Plan"), adopted by the Meridian City Council (the "City Council") on December 17, 2019, by Resolution No. 19-2179. The Agency intends to rely heavily on the City's applicable zoning and design standards. This Plan is subject to the Plan modification limitations and reporting requirements set forth in Idaho Code § 50-2903A. Subject to limited exceptions as set forth in Idaho Code § 50-2903A, if this Plan is modified by City Council ordinance, then the base value for the year immediately following the year in which modification occurs shall include the current year's equalized assessed value of the taxable property in the revenue allocation area, effectively eliminating the Agency's revenue stream. Should the Agency have any outstanding financial obligations, the City shall not adopt an ordinance modifying this Plan unless 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 "[tjhere 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 i{[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(1)(a)(i). Annual adjustments as more specifically set forth in the Agency's annual budget will be required to account for more/less estimated revenue and prioritization of projects. Any adjustments for these stated purposes are technical and ministerial and are not modifications under Idaho Code § 50-2903A. This Plan provides the Agency with powers, duties, and obligations to implement and further the program generally formulated in this Plan for the redevelopment, rehabilitation, and 2 Meridian City Council Meeting Agenda June 9,2020— Page 295 of 427 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 tools are provided to the Agency to fashion, develop, and proceed with plan implementation. The Plan has balanced the need for flexibility over the twenty (20)-year timeframe of the Plan to implement the improvements identified in Attachment 5, with the need for specificity as required by Idaho Code § 50-2905. The Plan narrative addresses the required elements of a plan set forth in Idaho Code § 50-2905(1), (5), (7) and (8). Attachment 5, together with the Plan narrative, meets the specificity requirement for the required plan elements set forth in Idaho Code § 50-2905(2)-(6), recognizing that actual Agency expenditures are prioritized each fiscal year during the required annual budgeting process. Allowed projects are those activities which comply with the Law and the Act and meet the overall objectives of this Plan. The public-private relationship is crucial in the successful development and redevelopment of the Project Area. Typically, the public will fund enhanced public improvements like utilities, streets, and sidewalks which, in turn, establish the necessary infrastructure to support adjacent private investment, which in this case includes industrial and commercial facilities, The purposes of the Law and Act will be attained through, and the major goals of this Plan, are: a. The installation and construction of public improvements, improvements to existing roadways and intersections, including the installation of traffic signals; installation of curbs, gutters and streetscapes,which for purposes of this Plan, the term "streetscapes" includes sidewalks, lighting, landscaping, benches, bike racks, public art and similar amenities between the curb and right of way line; installation and/or improvements to fiber optic facilities; improvements to public utilities including water and sewer improvements, and fire protection systems; removal, burying, or relocation of overhead utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals; and improvement of storm drainage facilities; b. The planning, design and construction of a community center, 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 are stagnant or improperly utilized because of unusual conditions of title, underserved utilities, and other-site conditions; 3 Meridian City Council Meeting Agenda June 9,2020— Page 296 of 427 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; g. The reconstruction and improvement of street corridors to allow traffic flows to move through the Project Area along with the accompanying utility connections, through the Project Area; h. The provision of public service utilities, which are necessary to the development of the Project Area, such as water system improvements, sewer system improvements and improvements to storm drainage facilities; i. In conjunction with the City, the establishment and 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 firnds for planning studies, achieving high standards of development, and leveraging such development to achieve public objectives and efficient use of scarce resources; j. The strengthening of the tax base by encouraging private development, thus increasing the assessed valuation of properties within the Project Area as a whole and benefiting the various taxing districts in which the urban renewal area is located; and k. The funding of necessary public infrastructure to accommodate both public and private development. 101 General Procedures of the Agency The Agency is a public body, corporate and politic, as defined and described under the Law and the Act. The Agency is also governed by its bylaws as authorized by the Law and adopted by the Agency. Under the Law, the Agency is governed by the Idaho open meeting law, the Public Records Act and the Ethics in Government Act of 2015, Chapters 1, 2 and 4 of Title 74, Idaho Code; reporting requirements pursuant to Idaho Code §§ 67-450B, 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 June 9,2020— Page 297 of 427 The Agency may adopt separate policy statements. Any modification to any policy statement is a technical or ministerial adjustment and is not a modification to this Plan under Idaho Code § 50-2903A. 102 Procedures Necessary to Meet State and Local Requirements: Conformance with Idaho Code Sections 50-2008 and 50-2906 Idaho law requires that the City Council, by resolution, must determine a geographic area be a deteriorated area or a deteriorating area, or a combination thereof, and designate such area as appropriate for an urban renewal project prior to preparation of an urban renewal plan. A consultant was retained to study a proposed project area and prepare an eligibility report. The area studied was originally reviewed for eligibility in 2001, and was deannexed from the boundaries of the existing Meridian Revitalization Plan Urban Renewal Project, adopted by City Council Ordinance No. 02-987, on December 3, 2002 (the "Downtown District Plan"), by the First Amendment to the Downtown District Plan, adopted by City Council Ordinance No. on 2020. The eligibility report was submitted to the Agency. The Agency accepted the eligibility report by Agency Resolution No. 20-003 on February 26, 2020, and thereafter submitted the eligibility report to the City Council for its consideration. The area studied was deemed by the City Council to be a deteriorating area and/or a deteriorated area and therefore eligible for an urban renewal project by adoption of Resolution No. 20-2188 on March 10, 2020. With the adoption of Resolution No. 20-2188, the City Council authorized the preparation of an urban renewal plan. The Plan was prepared and submitted to the Agency for its review and approval. The Agency approved the Plan by the adoption of Agency Resolution No. on , 2020, and submitted the Plan to the City Council with its recommendation for adoption. In accordance with the Law, this Plan was submitted to the Planning and Zoning Commission of the City. After consideration of the Plan, the Commission,by resolution, reported to the City Council that this Plan is in conformity with the City's Comprehensive Plan. Pursuant to the Law and Act, the City Council having published due notice thereof, a public hearing was held on this Plan. Notice of the hearing was published in the Meridian Press, a newspaper having general circulation in the City. The City Council adopted this Plan on [ _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 by E. Idaho Avenue to the north, E, Third Street to the east, a portion of the railroad right-of-way 5 Meridian City Council Meeting Agenda June 9,2020— Page 298 of 427 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 east side of E. Yd Street. The west side of E. Yd Street south of E. Broadway Avenue has curb and gutters in place with an adjacent narrow sidewalk,which is interrupted by several unused curb cuts. The sidewalk appears unmaintained and is of insufficient width to accommodate the high-density activity envisioned in City planning documents. Improvements to the pedestrian facilities will serve the increased number of pedestrians anticipated in the Project Area and will help with connectivity. While water lines serve the Project Area, the water line located on the south side of the railroad property does not extend the fiill length of the property and therefore is not looped into 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 June 9,2020— Page 299 of 427 E. Broadway Avenue, the lateral is piped and undergrounded. The open ditch in this area creates safety concerns for pedestrians. The Plan proposes improvements to public infrastructure and other publicly-owned assets throughout the Project Area, creating the framework for the development of a mixed-use, retail, office, residential project, including the development of a community/recreation center, as well as other public facilities and improvements, including but not limited to streets, streetscapes, water and sewer improvements, environmental and floodptain remediation/site preparation, public parking, other community facilities,parks, and pedestrian/bike paths and trails. The Project Area is underdeveloped and is not being used to its highest and best use due to the presence of a substantial number of deteriorating structures, deterioration of site, age and obsolescence, a predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefiulness, insanitary or unsafe conditions, and defective or unusual conditions of title. The foregoing conditions have resulted in economic underdevelopment of the area and has arrested or impaired growth in the Project Area. The preparation and approval of an urban renewal plan, including a revenue allocation financing provision, gives the City additional resources to solve the public infrastructure problems in this area. Revenue allocation financing should help to improve the situation. In effect, property taxes generated by new developments within the area may be used by the Agency to finance a variety of needed public improvements and facilities. Finally, some of the new developments may also generate new jobs in the community that would, in tuna., 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 PIan 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 June 9,2020— Page 300 of 427 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 permitting. The Agency intends to discuss and negotiate with any owner or developer of the parcels within the Project Area seeping 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 funded, and by year of funding, with earlier years reflecting the more important activities, achievement of higher objectives, long term goals, and commitments. The projected timing of funding is primarily a function of market conditions and the availability of financial resources but is also strategic, considering the timing of private development partnership opportunities and the ability of certain strategic activities to stimulate development at 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 hinds, the City may contribute to the construction of the community facility in the amount of S Meridian City Council Meeting Agenda June 9,2020— Page 301 of 427 $3,000,000.00. The Agency reserves the discretion and flexibility to use revenue allocation proceeds in excess of the amounts predicted in the event higher increases in assessed values occur during the term of the Plan for the improvements and activities identified. Additionally, the Agency reserves the discretion and flexibility to use other sources of funds unrelated to revenue allocation to assist in the funding of the improvements and activities identified. 200 DESCRIPTION OF PROJECT AREA The boundaries of the Project Area and the Revenue Allocation Area are shown on the Project Area and Revenue Allocation Boundary Map, attached hereto as Attachment l 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 ptuposes of boundary descriptions and the use of proceeds for payment of improvements, the boundary shall be deemed to extend to the outer boundary of rights-of-way or other natural boundary unless otherwise stated. 300 PROPOSED REDEVELOPMENT ACTIONS 301 General The Agency proposes to eliminate and prevent the spread of deteriorating conditions and deterioration in the Project Area by employing a strategy to improve and develop public and private lands, and to grow the economy in the Project Area. Implementation of the strategy includes, but is not limited to the following actions: a. The engineering, design, installation, construction, and/or reconstruction of streets 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; 9 Meridian City Council Meeting Agenda June 9,2020— Page 302 of 427 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 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 lot and related public improvements; g. The provision for participation by property owners and developers within the Project Area to achieve the objectives of this Plan; h. The management of any property acquired by and under the ownership and control of the Agency; i. The provision for relocation assistance to displaced Project Area occupants and/or businesses as a result of any Agency activity, as may be required by law; j. The development or redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; k. The acquisition of real property for public right-of-way improvements, pedestrian facilities,utility undergrounding,public parking facilities, useable public space, pathways, and streetscape improvements to create development opportunities consistent with the Plan, including but not limited to fiiture 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/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; 10 Meridian City Council Meeting Agenda June 9,2020— Page 303 of 427 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 Project Area as needed to support implementation of this Plan; S. Agency and/or owner-developer construction,participation in the constriction and/or management of public parking facilities that support a desired level and farm 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 S. 11 Meridian City Council Meeting Agenda June 9,2020— Page 304 of 427 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 June 9,2020— Page 305 of 427 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 brownftelds, and underutilized,underdeveloped, deteriorated, deteriorating and vacant land, and land now devoted to scattered inconsistent uses may be converted to a tnixed-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 described in this Plan, the Agency shall give due consideration to the provision of adequate park, open space and community and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of residents in the general vicinity of the Project Area covered by the Plan, recognizing the mixed-use nature of the Project Area. 303 Participation Opportunities and Participation Agreements The Agency may enter into various development participation agreements with any existing or future 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 teen "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 fiiture 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 June 9,2020— Page 306 of 427 All owner parligWationggreernents will address development timing,justification and eligibility of project costs, and achievement of the objectives of the PIan. The Agency shall retain its discretion in the funding level of its participation. Obligations under owner participation agreements shall terminate no later than the termination date of this Plan— December 31, 2040. The Agency shall retain its discretion to negotiate an earlier date to accomplish all obligations under any owner participation agreement. In all owner participation agreements, participants who retain real property shall be required to join in the recordation of such documents as may be necessary to make the provisions of this Plan applicable to their properties. Whether or not a participant enters into an owner participation agreement with the Agency, the provisions of this Plan are applicable to all public and private property in the Project Area. In the event a participant under an owner participation agreement fails or refuses to rehabilitate, develop, use, and maintain its real property pursuant to this Plan and an owner participation agreement, the real property or any interest therein may be acquired by the Agency in accordance with Section 305.1 of this Plan and sold or leased for rehabilitation or development in accordance with this Plan. Owner participation agreements may be used to implement the following objectives: Encouraging property owners to revitalize and/or remediate deteriorated areas or deteriorating areas of their parcels to accelerate development in the Project Area. e Subject to the limitations of the Law and the Act, providing incentives to property owners to encourage utilization and expansion of existing permitted uses during the transition period to prevent a decline in the employment base and a proliferation of vacant and deteriorated parcels in the Project Area during the extended development and/or redevelopment of the Project Area. • To accommodate improvements and expansions allowed by City regulations and generally consistent with this Plan for the Project Area. • 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 June 9,2020— Page 307 of 427 improvements identified in the participation agreement from the revenue allocation generated by the private development. 304 Cooperation with Public Bodies Certain public bodies are authorized by state law to aid and cooperate,with or without consideration, in the planning, undertaking, construction, or operation of this Project. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency will seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. All plans for development of property in the Project Area by a public body shall be subject to Agency approval, in the event the Agency is providing any financial assistance. Subject to applicable authority, the Agency may impose on all public bodies the planning and design controls contained in this Plan to ensure that present uses and any future development by public bodies will conform to the requirements of this Plan; provided, however, the Ada County Highway District has exclusive jurisdiction over Ada County Highway District streets. The Agency is authorized to financially (and otherwise) assist any public entity in the cost of public land, buildings, facilities, structures, or other improvements of the Project Area as allowed by the Law and Act. The Agency intends to cooperate to the extent allowable with the City and ACHD, as the case may be, for the engineering, design, installation, construction, and/or reconstruction of public 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 shall be bound by the Plan and other land use elements and shall take into consideration those standards specified in Section 303 of this Plan. This Plan does not financially bind or obligate the Agency to any project or property acquisition; rather, for purposes of determining the economic feasibility of the Plan certain 15 Meridian City Council Meeting Agenda June 9,2020— Page 308 of 427 projects and expenditures have been estimated and included in the analysis. Agency revenue and the ability to fund reimbursement of eligible Project Costs is more specifically detailed in any owner participation agreement and in the annual budget adopted by the Agency Board. 305 Property Acquisition 305.1 Real Property Only as specifically authorized herein, the Agency may acquire, through the voluntary measures described below, but is not required to acquire, any real property located in the Project Area where it is determined that the property is needed for construction of public improvements, required to eliminate or mitigate the deteriorated or deteriorating conditions, to facilitate economic development, including acquisition of real property intended for disposition to qualified developers through a competitive process, and as otherwise allowed by law. The acquisition shall be by any means authorized by law, including, but not limited to, the Law, the Act, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, but shall not include the right to invoke eminent domain authority except as authorized 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 fiends to acquire said property either through a voluntary acquisition or the invocation of eminent domain authority as limited by Idaho Code § 7-701A. The Agency is authorized by this Plan and Idaho Code §§ 50-2010 and 50-2018(12) to acquire the properties identified in Attachment 3 hereto for the purposes set forth in this Plan. The Agency has identified its intent to acquire and/or participate in the development of certain public improvements, including, but not limited to streets, streetscapes, lighting,water and sewer improvements, improvements to the lateral, drainage facilities, intersection improvements, including the installation of traffic signals and/or rail crossings, parking, parks and open space, multi-use paths and trails, power and gas improvements and/or relocations, and other related public infi•astuucture improvements, such as a community recreation facility and public stnuctured parking facility and/or surface lots. Further, the Agency may acquire real property to 16 Meridian City Council Meeting Agenda June 9,2020— Page 309 of 427 facilitate commercial development by assembling and disposing of developable parcels. The Agency's property acquisition will result in remediating deteriorating conditions in the Project Area by facilitating the development of a mixed-use, office, residential, commercial, and retail area, as well as a community recreation facility and public structured parking and/or surface lots. The public improvements are intended to be dedicated to the City upon completion. The Agency reserves the right to determine which properties identified, if any, should be acquired. It is in the public interest and is necessary, in order to eliminate the conditions requiring development and/or redevelopment and in order to execute this Plan, for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area for the public improvements identified in this Plan,which cannot be acquired by gift, devise, exchange, purchase, or any other lawful method, 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 PIan, the Agency is authorized to acquire personal property in the Project Area by any lawful means, including eminent domain as limited 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 fiends for real estate acquisition and relocation, the Agency shall comply with 24 C.F.R. Part 42, implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The Agency reserves the right to extend benefits for relocation to those not otherwise entitled to relocation benefits as a matter of state law under the Act or the Law. The Agency 17 Meridian City Council Meeting Agenda June 9,2020— Page 310 of 427 may determine to use as a reference the relocation benefits and guidelines promulgated by the federal government, the state government, or local government, including the State Department of Transportation and the Ada County Highway District. The intent of this section is to allow the Agency sufficient flexibility to award relocation benefits on some rational basis, or by payment of some limp-sum per case basis. The Agency nnay 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 warranted. In the event the Agency's activities result in displacement of families, the Agency shall comply with, at a minimum, the standards set forth in the Law. The Agency shall also cornply with all applicable state laws concerning relocation benefits and shall aIso coordinate with the various local, state, or federal agencies concerning relocation assistance. 308 Demolition, Clearance and Site Preparation The Agency is authorized (but not required) to demolish and clear buildings, structures, and other improvements from any real property in the Project Area as necessary to carry out the purposes of this Plan. Farther, 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 sell, lease, lease/purchase, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property under the reuse provisions set forth in Idaho law, including Idaho Code § 50-2011 and pursuant to any disposition policies adopted by the Agency. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated lease, sale, or transfer without public bidding. Real property acquired by the Agency may be conveyed by the Agency and, where beneficial to the Project Area, without charge to any public body as allowed by law. All real property acquired by the Agency in the Project Area shall be sold or leased to public or private persons or entities for development for the uses permitted in this Plan. Air rights and subterranean rights may be disposed of for any permitted use within the Project Area boundaries. 18 Meridian City Council Meeting Agenda June 9,2020— Page 311 of 427 309.2 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,'equitable servitudes, or any other provisions necessary to carry out this Plan. Where appropriate, as determined by the Agency, such documents, or portions thereof, shall be recorded in the office of the Recorder of Ada County, Idaho. All property in the Project Area is hereby subject to the restriction that there shall be no discrimination or segregation based upon race, color, creed, religion, sex, age, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, disability/handicap, tenure, or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to a disposition and development agreement shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in the Project Area shall contain such nondiscrimination and nonsegregation clauses as required by law. As required by law or as determined in the Agency's discretion to be in the best interest of the Agency and the public, the following requirements and obligations shall be included in the disposition and development agreement. That the developers, their successors, and assigns agree: a. That a detailed scope and schedule for the proposed development shall be submitted to and agreed upon by the Agency. b. That the purchase or lease of the land and/or subterranean rights and/or air rights is for the purpose of redevelopment and not for speculation. C. That the building of improvements will be commenced and completed as jointly scheduled and determined by the Agency and the developer(s). d. That the site and construction plans will be submitted to the Agency for review as to conformity with the provisions and purposes of this Plan. 19 Meridian City Council Meeting Agenda June 9,2020— Page 312 of 427 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. g That the Agency receives adequate assurance acceptable to the Agency to ensure performance under the contract for sale, h. All such buildings or portions of the buildings which are to remain within the Project Area shall be reconstructed in conformity with all applicable codes and ordinances of the City. i. All disposition and development documents shall be governed by the provisions of Section 408 of this Plan. The Agency also reserves the right to determine the extent of its participation based upon the achievements of the objectives of this Plan. Obligations under any disposition and development agreement and deed covenants, except for covenants which run with the land, beyond the termination date of this Plan, shall terminate no later than December 31, 2040. The Agency shall retain its discretion to negotiate an earlier date to accomplish all obligations under any disposition and development agreement. 309.3. Development by the Agency To the extent now or hereafter permitted by law, the Agency is authorized to pay for, develop, or construct public improvements within the Project Area for itself or for any public body or entity, which public improvements are or would be of benefit to the Project Area. Specifically, the Agency may pay for, install, or construct the public improvements authorized under Idaho Code Section 50-2007, 50-2018(10) and (13), and 50-2903(9), (13), and (14), and as otherwise identified in Attachment 5 and may acquire or pay for the land required therefore. Any public facility ultimately owned by the Agency shall be operated and managed in such a manner to preserve the public purpose nature of the facility. Any lease agreement with a 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 June 9,2020— Page 313 of 427 310 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 finds 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 the development and financing of those private projects that will attain certain federal objectives. The Agency may, therefore, use the federal fiends 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 June 9,2020— Page 314 of 427 313 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 from any construction costs of developers. Though not required, the Agency Board generally makes selections of the works of art with assistance from the City and the Meridian Arts Commission and may include review and approval of the City Council. When possible, any Agency arts funding will be used to leverage additional contributions from developers, other private sources, and public or quasi-public entitles for purposes of including public art within the streetscape projects identified in this Plan. 400 USES PERMITTED IN THE PROJECT AREA 401 Designated Land Uses The Agency intends to rely upon the overall land use designations and zoning classifications of the City, as may be amended, and as tentatively depicted on Attachment 4 and as set forth in the City's Comprehensive Plan and within the Meridian zoning ordinance and requirements, including the future land use map and zoning classifications, as may be amended. For the most part, the Project Area will include a mixed-use commercial, retail, office and residential project, as well as, a community recreation facility, 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 Rights-of-Way The Project Area contains existing maintained public rights-of-way as set forth on Attachment 1, including but not limited to E. Broadway Avenue, E. Idaho Avenue, E. 2"d 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 changes to dedicated rights-of-way. Any development, maintenance and future changes to the existing interior or exterior street layout shall be in accordance with the objectives of this Plan, and the City, the Ada County Highway District, or the Idaho Department of Transportation's design standards as may be 22 Meridian City Council Meeting Agenda June 9,2020— Page 315 of 427 applicable shall be effectuated in the manner prescribed by State and local law; and shall be guided by the following criteria: a. A balancing of the needs of proposed and potential new developments for adequate pedestrian and vehicular access (including cars,trucks, bicycles, etc.), vehicular parking, and delivery loading docks with the similar needs of any existing developments permitted to remain. Such balancing shall take into consideration the rights of existing owners and tenants under the rules for owner and tenant participation adopted by the Agency for the Project and any participation agreements executed thereunder; b. The requirements imposed by such factors as topography, traffic safety, and aesthetics; and C. The potential need to serve not only the Project Area and new or existing developments, but to also serve areas outside the Project Area by providing convenient and efficient vehicular access and movement. The public rights-of-way may be used for vehicular and/or pedestrian traffic, as well as for public improvements, public and private utilities, and activities typically found in public rights-of-way. 403 Other Public, Semi-Public, Institutional, and Nonprofit Uses The Agency is also authorized to permit the maintenance, establishment, or enlargement of public, semi-public, institutional, or nonprofit uses, including park and recreational facilities; educational, fraternal, employee; philanthropic and charitable institutions; utilities; governmental facilities; railroad rights-of-way and equipment; and facilities of other similar associations or organizations. All such uses shall, to the extent possible, conform.to the provisions of this Plan applicable to the uses in the specific area involved. The Agency may impose such other reasonable requirements and/or restrictions as may be necessary to protect the development and use of the Project Area, 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 June 9,2020— Page 316 of 427 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 perfor7riance 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. ?4 Meridian City Council Meeting Agenda June 9,2020— Page 317 of 427 In the case of property which is the subject of a disposition and development agreement or an owner participation agreement with the Agency, no new improvement shall be constructed, and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated, except in accordance with this Plan. Under those agreements the architectural, landscape, and site plans shall be submitted to the Agency and approved in writing by the Agency. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project Area. Therefore, such plans shall give consideration to good design, open space, and other amenities to enhance the aesthetic quality of the Project Area. The Agency shall find that any approved plans do comply with this Plan. The Agency reserves the right to impose such design standards on an ad hoc, case by case basis through the approval process of the owner participation agreement or disposition and development agreement. Any change to such approved design must be consented to by the Agency and such consent may be conditioned upon reduction of Agency's financial participation towards the Project. In the event the Agency adopts design standards or controls related to receipt of assistance from 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 fiom the Agency regarding their property. The Agency may allow an existing use to remain in an existing building and site usage in good condition,which use does not conform. to the provisions of this Plan, provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. The owner of such a property must be willing to enter into an owner participation agreement and agree to the imposition of such reasonable restrictions as may be necessary to protect the development and use of the Project Area. The Agency may authorize additions, alterations,repairs, or other improvements in the Project Area for uses which do not conform to the provisions of this Plan where such improvements are within a portion of the Project Area where, in the determination of the Agency, such improvements would be compatible with surrounding Project uses and development. All nonconfonnimrg uses shall also comply with the City codes and ordinances. 25 Meridian City Council Meeting Agenda June 9,2020— Page 318 of 427 500 METHODS OF FINANCING THE PROJECT 501 General Description of the Proposed Financing Methods The Agency is authorized to finance this Project with revenue allocation fiends, financial assistance from the City (loans, grants, other financial assistance), state of Idaho, federal government or other public entities, interest income, developer advanced funds, donations, loans from private financial institutions (bonds, notes, line of credit), the lease or sale of Agency- owned property,public parking revenue, or any other available source, public or private, including assistance from any taxing district or any public entity. The Agency is also authorized to obtain advances, lines of credit, borrow funds, and create indebtedness in carrying out this Plan. The Agency may also consider an inter-fund transfer from other urban renewal project areas. The principal and interest on such advances, fiends, 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 unposed by law, the Agency is authorized to issue notes or bonds from time to time, if it deems appropriate to do so, in order to finance all or any part of the Project. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. 502 Revenue Allocation Financing Provisions The Agency hereby adopts revenue allocation financing provisions as authorized by the Act, effective retroactively to January 1, 2020. These revenue allocation provisions shall apply to all taxing districts which are located in or overlap the Revenue Allocation Area shown and described on Attachments 1 and 2 to this Plan. The Agency shall take all actions necessary or convenient to implement these revenue allocation financing provisions. The Agency specifically finds that the equalized assessed valuation of property within the Revenue Allocation Area is likely to increase as a result of the initiation of the Project. The Agency, acting by one or more resolutions adopted by its Board, is hereby authorized to apply all or any portion of the revenues allocated to the Agency pursuant to the Act to pay as costs are incurred (pay-as-you-go) or to pledge all or any portion of such revenues to the repayment of any moneys advance-funded by developers or owners, borrowed, indebtedness incurred, or notes or bonds issued by the Agency to finance or to refinance the Project Costs (as defined in Idaho Code § 50-2903(14)) of one or more urban renewal projects. The Agency may consider a note or line of credit issued by a bank or lending institution premised upon revenue allocation funds generated by a substantial private development contemplated by the Study as defined in section 502.1, which would allow the Agency to more quickly Rind the public improvements contemplated by this Plan. Likewise, a developer/owner advanced funding could achieve the same purpose. 26 Meridian City Council Meeting Agenda June 9,2020— Page 319 of 427 Upon enactment of a City Council ordinance finally adopting these revenue allocation financing provisions and defining the Revenue Allocation Area described herein as part of the Plan, there shall hereby be created a special fund of the Agency into which the County Treasurer shall deposit allocated revenues as provided in Idaho Code § 50-2908. The Agency shall use such funds solely in accordance with Idaho Code § 50-2909 and solely for the purpose of providing funds to pay the Project Costs, including any incidental costs, of such urban renewal projects as the Agency may determine by resolution or resolutions of its Board. A statement listing proposed public improvements and facilities, a schedule of improvements, an economic feasibility study, estimated project costs, fiscal impact upon other taxing districts, and methods of financing project costs required by Idaho Code § 50-2905 is included in this Plan and in Attachment 5 to this Plan. This statement necessarily incorporates estimates and projections based on the Agency's and the consultants' present knowledge and expectations. The Agency is hereby authorized to adjust the presently anticipated urban renewal projects and use of revenue allocation financing of the related Project Costs if the Board deems such adjustment necessary or convenient to effectuate the general objectives of the Plan in order to account for revenue inconsistencies, market adjustments, fiiture priorities, and unknown future costs. Agency revenue and the ability to fund reimbursement of eligible Project Costs is more specifically detailed in the annual budget. The Agency may appropriate funds consisting of revenue allocation proceeds on an annual basis without the issuance of notes or bonds. The Agency may also obtain advances or loans 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 Kushlan I Associates and SMR Development, LLC. The Study constitutes the 27 Meridian City Council Meeting Agenda June 9,2020— Page 320 of 427 financial analysis required by the Act and is based upon existing information from property owners, developers, the Agency, City and others. 502.2 Assumptions and Conditions/Economic Feasibility Statement The information contained in Attachment 5 assumes certain completed and projected actions. All debt is projected to be repaid no later than the duration period of the Plan. The total amount of bonded indebtedness, developer reimbursement and all other loans or indebtedness, and the amount of revenue generated by revenue allocation are dependent upon the extent and timing of private development. Should all of the proposed development take place as projected, the project indebtedness could be extinguished earlier, dependent upon the bond sale documents or other legal obligations. Should private development take longer to materialize, or should the private development be substantially less than projected, then the amount of revenue generated will be substantially reduced and debt may continue for its full term. The Plan and the Plan Attachments incorporate estimates and projections based on the Agency's and consultants' present knowledge and expectations. The Plan proposes certain public improvements as set forth in Attachment 5,which will facilitate mixed-use commercial, residential, office and retail development in the Revenue Allocation Area. The assumptions set forth in the Study are based upon the best information available to the Agency and consultants through public sources or discussions with property owners, developers, City staff and others. The information has been analyzed by the Agency and its consultants in order to provide an analysis that meets the requirements set forth under the Law and Act. At the point in time when the Agency may seek a loan from lenders or others, a more detailed and then-current financial pro forma will be presented to those lenders or underwriters for analysis to determine the borrowing capacity of the Agency. As set forth herein, the Agency reserves the right to fund the Project on a"pay as you go" basis. The Agency Board will prioritize the activities set forth in this Plan and determine what funds are available and what activities can,be funded. The Agency will establish those priorities through its mandated annual budgetary process. The list of public improvements, or activities within Attachment 5 are prioritized by way of importance to the Agency, by feasibility based on estimated revenues to be received, amounts funded, and by year of funding. The projected timing of funding is primarily a function of the availability of financial resources and market conditions but is also strategic, considering the timing of private development partnership opportunities and the ability of certain strategic activities to stimulate development at 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 June 9,2020— Page 321 of 427 account and excluded levies that do not flow to the Agency consistent with Idaho Code § 50- 2908. The types of new construction expected in the Project Area are mixed-use, residential, commercial, office and retail projects, and related public improvements, as well as a community 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 all revenue allocation areas cannot exceed gross/net ten percent (10%) of the current assessed taxable value for the entire City. According to the Ada County Assessor, the assessed taxable value for the City as of January 1, 20191, less homeowner's exemptions is $9,465,760,011.00. Therefore, the 10% limit is $946,576,001.00. The adjusted base assessed value of each of the existing or proposed revenue allocation areas as of January 1, 2019, is as follows: Meridian Revitalization Plan (Downtown District Plan)' $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 fiinding 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 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 assuming an increase in values for 2020,the combined adjusted base values of the revenue allocation areas would not exceed 10%of the current assessed taxable value for the entire City. '-Less area deannexed by the First Amendment to the Meridian Revitalization Plan Urban Renewal Project,adopted by City Council Ordinance No. on.tune 2020. 29 Meridian City Council Meeting Agenda June 9,2020— Page 322 of 427 increases and new development value. Increases have been assumed based upon the projected value of new development as that development occurs along with possible land reassessment based on a construction start. The Study, with the various estimates and projections, constitutes an economic feasibility study. Costs and revenues are analyzed, and the analysis shows the need for public capital funds during the project. Multiple financing sources including annual revenue allocations, developer contributions, City contributions, interfund loan, property disposition, and other funds are shown. This Study identifies the kind, number, and location of all 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 Idaho Code § 50-2905. Based on these funding sources, the conclusion is that the project is feasible. The Agency reserves the discretion and flexibility to use revenue allocation proceeds in excess of the amounts projected in the Study for the purpose of funding the additional identified projects and improvements. The projections in the Study are based on reasonable assumptions and existing market conditions. However, should the Project Area result in greater than anticipated revenues, the Agency specifically reserves the ability to -fund the additional activities and projects identified 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 tuning or funding is technical or ministerial in nature and shall not be considered a modification of the Plan pursuant to Idaho Code § 50-2903A. Attachment 5 lists those public improvements the Agency intends to construct through the terra of the Plan. The costs of improvements are estimates only as it is impossible to know with any certainty what the costs of improvements will be in future years. There is general recognition that construction costs fluctuate and are impacted by future unknowns, such as, the cost of materials and laborers. Final costs will be determined by way of construction contract public bidding or by an agreement between the developer/owner and Agency. The listing of public improvements does not commit the City or Agency to any particular level of funding; rather, identification of the activity in the Plan allows the Agency to negotiate the terms of any reimbursement with the developer and/or City, This Plan does not financially bind or obligate the City or Agency to any project or property acquisition; rather, for purposes of determining the economic feasibility of the Plan certain projects and expenditures have been estimated and included in the analysis. Agency revenue and the ability to fund reimbursement of eligible 30 Meridian City Council Meeting Agenda June 9,2020— Page 323 of 427 Project Costs is more specifically detailed in any participation agreement and in the annual budget adopted by the Agency Board, The Agency reserves its discretion and flexibility in deciding which improvements are more critical for development, and the Agency intends to coordinate its public improvements with associated development by private developers/owners. The Agency also intends to coordinate its participation in the public improvements with the receipt of certain grants or loans which may require the Agency's participation in some combination with the grant and loan funding. Generally, the Agency expects to develop those improvements identified in Attachment 5 first, in conjunction with private development within the Project Area generating the increment as identified in Attachment 5, The Plan has shown that the equalized valuation of the Revenue Allocation Area as defined in the Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Plan. 502.5 Participation with Local Improvement Districts and Business Improvement Districts Under the Idaho Local Improvement ("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, storm► drains, landscaping, and other like facilities. To the extent allowed by the Law and the Act, the Agency reserves the authority, but not the obligation, to participate in the firnding of local improvement district facilities. This participation may include either direct funding to reduce the overall cost of the LID or to participate as an assessed entity to finance the LID project. Similarly, to the extent allowed by the Law and the Act, the Agency reserves the authority, but not the obligation, to participate in the funding of the purposes specified under the Business Improvement Districts, Chapter 26, Title 50, Idaho Code. 502.6 Issuance of Debt and Debt Limitation Any debt incurred by the Agency as allowed by the Law and Act shall be secured by revenues identified in the debt resolution or revenue allocation funds as allowed by the Act. All such debt shall be repaid within the duration of this Plan, except as may be authorized by law. 502.7 Impact on Other Taxing Districts and Levy Rate An estimate of the overall impact of the revenue allocation project on each taxing district is shown in the Study through the new development projections set forth in Attachment 5. The assessed value for each property in a revenue allocation area consists of a base value and an increment value. The base value is the assessed value as of January 1 of the year in 31 Meridian City Council Meeting Agenda June 9,2020— Page 324 of 427 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. Properties in revenue allocation areas are subject to the same levy rate as they would be outside a revenue allocation area. The difference is how the revenue is distributed. If the overall levy rate is less than assumed, the Agency will receive fewer funds from revenue allocation. In addition, without the Revenue Allocation Area and its ability to pay for public improvements and public facilities, fewer substantial improvements within the Revenue Allocation Area would be expected during the term of the Plan; hence, there would be lower increases in assessed valuation to be used by the other taxing entities. The Study's analysis is premised upon the fact the proposed development would not occur but for the ability to use revenue allocation fiends 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 from including, as part of the new construction roll, the increased value related to new construction within a revenue allocation area until the revenue allocation authority is terminated. Any new construction within the Project Area is not available in the short term for inclusion by the taxing entities to increase their budget capacity. Under current law, upon termination of this Plan or deannexation of area, the taxing entities will be able to include the accumulated new construction roll value in setting the following year's budget and revenue from such value is not limited to the three percent increase allowed in Idaho Code § 63- 802(1)(a). 32 Meridian City Council Meeting Agenda June 9,2020— Page 325 of 427 As 2019 certified levy rates are not determined until late September 2020, the 2019 certified levy rates have been used in the Study for purposes of the analysis.3 Those taxing districts and rates area as follows: Taxing District Levies: Ada County 002549212 Ada County Highway District .000771526 City of Meridian .003083910 West Ada School District .000014448 Ada County Ambulance .000121i 963 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 fiends 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 3 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 are used. Use of the 2019 levy rates provides a more accurate base than estimatuig the 2020 levy rates. 33 Meridian City Council Meeting Agenda June 9,2020— Page 326 of 427 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 fiends, but rather funds from the end users which provide a funding source for the Agency to continue to own and operate the facility beyond the term of the Plan as allowed by Idaho Code § 50-2905(8) as those resources involve funds not related to revenue allocation 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 support 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 June 9,2020— Page 327 of 427 property, both public and private, within the Project Area throughout the duration of this Plan. e. Building Code enforcement. f. Performance of the above actions and of all other functions and services relating to public peace, health, safety, and physical development normally rendered in accordance with a schedule which will permit the development and/or redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. g. The undertaking and completing of any other proceedings necessary to carry out the Project. h. Administration of Community Development Block Grant funds that may be made available for this Project. i. Appropriate agreements with the Agency for administration, supporting services, funding sources, and the like. j. Use of public entity labor, services, and materials for construction of the public improvements listed in this Plan. k. Coordination of the development agreements entered into by the City and developer with the goals of the Plan. 1. Assist with coordinating and implementing the public improvements in the Project Area identified in the Study. 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 Iong-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 from 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 June 9,2020— Page 328 of 427 700 ENFORCEMENT The administration and enforcement of this Plan, including the preparation and execution of any documents implementing this Plan, shall be performed by the Agency and/or the City. 800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW The provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan, shall be effective for twenty (20) years from the effective date of the Plan subject to modifications and/or extensions set forth in Idaho Code §§ 50-2904 and 50-2905(7). The revenue allocation authority will expire on December 31, 2040, except for any revenue allocation proceeds received in calendar year 2041, as contemplated by Idaho Code § 50-2905(7). The Agency may use proceeds in 2041 to complete the projects set forth herein. As stated in the Plan, any owner participation agreement or disposition and development agreement obligations will cease as of December 31, 2040. Idaho Code § 50-2903(5) provides the Agency shall adopt a resolution of intent to terminate the revenue allocation area by September 1 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 Plan and its revenue allocation authority by May 1, 2041, or if the Agency determines an earlier terminate date, then by May I of the early termination year: a. When the Revenue Allocation Area plan budget estimates that all financial obligations have been provided for, the principal of and interest on such moneys, indebtedness, and bonds have been paid in full or when deposits in the special fund or fluids created under this chapter are sufficient to pay such principal and interest as they come due, and to Rind 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. e. 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 June 9,2020— Page 329 of 427 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 frill 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(1)(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 snore/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 June 9,2020— Page 330 of 427 1000 SEVERABILITY If any one or more of the provisions contained in this Plan to be performed on the part of the Agency shall be declared by any court of competent jurisdiction to be contrary to law, then such provision or provisions shall be null and void and shall be deemed separable from the remaining provisions in this Plan and shall in no way affect the validity of the other provisions of this Plan. 1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS Under the Law, the Agency is required to file with the City, on or before March 31 of each year, a report of the Agency's activities for the preceding calendar year, which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such calendar year. This annual report shall be considered at a public meeting to report these findings and take comments from the public. Additionally, the Agency must comply with certain other reporting requirements as set forth in Idaho Code § 57-450E, the local government registry portal, Idaho Code § 50-2913, the tax commission plan repository, and Idaho Code § 50-2903A, the flax commission's plan modification annual attestation. Failure to report the information requested under any of these statutes results in significant penalties, including loss of increment revenue, and the imposition of other compliance measures by the Ada County Board of County Commissioners. 1200 APPENDICES, ATTACHMENTS,EXHIBITS, TABLES All attachments and tables referenced in this Plan are attached and incorporated herein by their reference. All other documents referenced in this Plan but not attached are incorporated by their reference as if set forth fully. 38 Meridian City Council Meeting Agenda June 9,2020— Page 331 of 427 UNION DISTRICT CITY OF MERIDIAN, ADA COUNTY, .IDAHO i E PINE AVE z 3: i z m m A D z CJ z z -�] [ Q S 8°3829"E 464.8 ' E IDAHO AVE N k6 m �n n M Q S 88°4224"E 38 0.05 rn E B ROAC}WAY AVE v, 3 ko a7l1EI(A�: ......................... ............................................. `-" o *r r y :• �•SC•. LU _M M �1 O Fit : f�rtfAE}.......-. / N 88030'19"W 831,04' �3ootily6 � '� w 1 574 , R E FRANKLIN RD `�?�OF --- -- Y N 89°32'43"W l 1I y� -—-—-—-—-—-— I318.I2' 3 8 �,F BEXG NT5 PRQJEGT: OWNER/DEVELOPER: 2030 S. WASHING70N AVE. DWG# UNION DISTRICT EMMETF,ID 83617 120018-Ex ANNEXATION EXHIBIT EERIDIAN,LL I „ P: 208)396-8104 PRo1Ecr# MERIDIAN, 1 F: �208)398-8105 120018 SEC, 7, T3N, ROE, B.M. 208-914.6131 dWr007- ADA COUNTY, 1DAH0 SNEEr DATE: W2020 Lprrd�uruc�i /GG WWW,SAWT00THLS.00M 1 OF 1 Meridian City Council Meeting Agenda June 9,2020— Page 332 of 427 Attachment 1 Project Area and Revenue Allocation Area Boundary Map Meridian City Council Meeting Agenda June 9,2020— Page 333 of 427 Attachment 2 Legal Description of Project Area and Revenue Allocation Area An area consisting of approximately 16 acres as more particularly described as follows: Meridian City Council Meeting Agenda June 9,2020— Page 334 of 427 Sawtooth Land Surveying, LLC AW ODT/ F: (208) 398-8I 04 F: (208) 398-8105 2030 S. Washington Ave., Emmett, ID 836 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 1 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 1 East of the Boise Meridian, thence along the section line common to said Sections 12 and 13, being the centerline of Franklin Road North 89°32'43" West 1328.12 feet to the East 1/16th Corner on said section line;thence North 53°01'09" East, 2291.26 feet to the intersection of the southerly right of way of Union Pacific Railroad and the westerly right of way of N. Main St. and the POINT OF BEGINNING; thence North 0'33'11" East, coincident with said westerly right of way of N. Main St., 639.69 feet to the northerly right of way of E. Broadway Ave.; thence South 88°42'24" East, coincident with said northerly right of way of E. Broadway Ave., 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°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 88'30'19"West, coincident with said southerly right of way of Union Pacific Railroad, 831.04 feet to the POINT OF BEGINNING. 1. 11574 ' ; !j q�E OF ,0�� SEA % T - Meridian City Council Meeting Agenda June 9,2020— Page 335 of 427 Attachment 3 Properties (Public and/or Private) Which May Be Acquired by Agency 1. 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, streetscapes, 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. 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 June 9,2020— Page 336 of 427 Attaclunent 4 Map Depicting Expected Land Uses and Current Zoning Within Revenue Allocation Area and Project Area Meridian City Council Meeting Agenda June 9,2020— Page 337 of 427 Z U •L -Af71 Y O� N H19 3 �' o"- a� LO c O O o IS HIS 3N 3Ad N HIS D ELla� u+ 3N gy01 m ❑ T � ,r o a I IS HIP 3N 3 L w �Q � ❑ . � O m - LU �a�f.fif■���#f■ f■r ■i a. is �.; F .u+ W 1 W a ■ - 3 W s - m ■ ■ ■ ■ _ 1S QNZ 3N' �■f■o■!■f* tSaNZ3N ■ C j .. - YJ. W ��■f.f■I■f■f■f■ ■r W W , moo Clb-N`dla1113W N �I� LU L C :? V W a m a �o is IS[ MN ua - 3_-- J c111T tS UNZ MN a a0 ' ad ANO I I I I_ CO 3 U U J O r aiS 421E MN •= 3 Meridian City Council Meeting Agenda June 9,2020— Page 338 of 427 N1 At 1S_H19 3N . o" uO 1S H1S 3N ❑ 3AV N f His W 3N o J T a 1S HIP 3N a 3 a O o m W =, LU r- a -� �1S a8E 3N ■ _ a a W 2 3r N '0 W W Ell H 71 IS CINZ dN 1S 4NZ 3N Ll M t� P l W' W — a� _ W� W 4 Nb'1 . 1 3w-N N'M�❑ 11 I I I I ~ W LLI C �0 CO a -0 IS 1S[ MN W 3 oc jrV �a C a1 0 iIS CNZ MN -0 c 11 E 3 � a�Jm -0 Uo x FIR 3 ::E -9 U 0 :�i o1S CIU MN - LJ LJ Meridian City Council Meeting Agenda June 9,2020— Page 339 of 427 Attachment 5 Economic Feasibility Study 4840-3668-4470,v.4 Meridian City Council Meeting Agenda June 9,2020— Page 340 of 427 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 ("MDC") 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 June 9,2020— Page 341 of 427 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 June 9,2020— Page 342 of 427 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 MDC staff, MDC 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. This amount was 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 MDC's annual budget; however, for purposes of economic feasibility an estimate of costs is necessary. The initial interfund loan from MDC 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 MDC is highly likely to receive should private development occur within the Project Area. The funds may not be in the MDC's possession at the beginning of the Plan period, but it is virtually certain MDC will receive the funds should private development proceed as proposed. MDC 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 MDC over the life of the Project Area. It is funding the MDC 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 June 9,2020— Page 343 of 427 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) Year Secure Fuznd[ng Potent[ [sr�[ct iVIAG Lear, OPR DebC r £dotal Pra�eaC (T(F "11, al Operat[n petit Serv[ce Service(7'5�rr L[al�fhties , & l F -05 o 40' J, NOW expenses r � ' @ 2 65 �y 2020 $75,000 $0 $25,000 $0 $25,00p 2021 $0 $0 $25,000 $0 $25,0;OQ 2022 $0 $0 $25,000 $0 2023 $447,366 $0 $44,737 $40,000 $335,525 2024 $456,578 $0 $48,368 $45,000 $342,434 ;'$935A02;'� 2025 $823,409, $0 $S0,000 $27,500 $617,557 2026 $840,141 $0 $50,000 $0 $630,106 � ,$ 80,7'Q6 2027 $857,207 $0 $50,00o $0 $643,475 2028 $874,615 $0 $50,000 $0 $824,615 2029 $892,371 $0 $50,000 $0 $842,371892,37 2030 $910,482 $0 $50,000 $0 $860482 $90,�k82: 2031 $928,955 $0 $50,000 $0 $878,955 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 $986,b�:19 2035 $1,006,614 $0 $50,000 $0 $956,615 2036 $1,027,008 $0 $50,000 $0 $977 008 2037 $1,047,811 $0 $50,000 $0 $997,8111,047,81 2038 $1,069,029 $0 $50,000 $0 $1,019,029 2039 $1,090,672 $0 $50,000 $0 $1,040 672 2040 $1,112,747 $0 $50,000 $0 $1,462,746 2,761 2041 $0 $0 0 $112,SKIM5 3 $33 � 6 26X,437 < Attachment 5 -4 Meridian City Council Meeting Agenda June 9,2020- Page 344 of 427 ATTACHMENT 5.2 Determination of Economic Feasibility Based on Assumptions Based upon reasonable assumptions and recognizing MDC'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. • 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 MDC 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: a Land Value Increases @ 1%/Yr. o Improvement Value Increases @ 2%/Yr. a 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 o 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 a 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 June 9,2020— Page 345 of 427 or developer for advance-funded public improvements. It is understood 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. 4852-5500-2807,v.7 Attachment 5 - 6 Meridian City Council Meeting Agenda June 9,2020— Page 346 of 427 tO CO m r-I h Ln rt N VI h LO m Q 00 ,-5 m ry h m rl t O Q O r r� GO to m r1 ri 14 O oz N n Q ' VI N Q .-� tD m Q a1 h p tD tip O 00 O to n n h tD M O C� Q St O 00 n t0 t0 Iv 1\ m IV m a r, m a N Q lO r, M 01 W m r- m HtO M Q r, r, 00 CO ar CO 00 00 m m m m m m a O O V} VT V} to th th Vy to V} VT i!? 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"'2 1,0 M U -2, 4� X, I r Al A ",14C 4! M 21 -�A gig Meridian City Council Meeting Agenda June 9,2020— Page 350 of 427 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, AIKIA 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 agency 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 MDC; 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-�J - 1 Meridian City Council Meeting Agenda June 9,2020— Page 351 of 427 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 SMR 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 June 9,2020— Page 352 of 427 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- 00E 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- - 8 Meridian City Council Meeting Agenda June 9,2020— Page 353 of 427 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 MDC Board, at several MDC 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 fist 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 June 9,2020— Page 354 of 427 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 June 9,2020— Page 355 of 427 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 June 9,2020— Page 356 of 427 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. (g) 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 June 9,2020— Page 357 of 427 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 notice 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; By Z gZe�'6— /,Z4 Chair of the Board ATTEST; 2 Secret 4832-9165-1255, v. 1 RESOLUTION NO. 20- - 8 Meridian City Council Meeting Agenda June 9,2020— Page 358 of 427 EXHIBIT 4 SUMMARY OF ORDINANCE URBAN RENEWAL DISTRICT ORDII AeNi E �l y i;bg ncil Meeting Agenda June 9,2020— Page 359 of 427 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 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 June 9,2020— Page 360 of 427 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 June 9,2020— Page 361 of 427 UNION DISTRICT CITY OF MERIDIAN, ADA COUNTY, IDAHO E PINE AVE z �z z m m Zm Ez j z D Q o z z m o _ S 038'29"E 464.8 ' P ..._.._.__....._............... E IDAHO AVE ::;;:;;:;:;::;••;:::.::;•::;;;c;;;;;;•:;:::;:•::::::•::::::' ...................................................................... ...................................................................... ........................................................... tn is5:'2i:'}:rd:r7ii}ii}7i7i1?i17ii;i: 5 88°42'24"E 380.05' ' .:..............:.... .:..:...:.. E BROADWAY AVE '.:.... ....... . 3 e YINIQN tea'1RF a �'1Ln 5..�At�Es c': N y ... ....,.. ... . . ..?.. .... ......:.. - w O ... ...,, ... ------------ iiiii? ..........._..............................................::............................................................ . ................ /• N 88°30'19"W 831.D4' dp1/6 ��ti�lv3 w � tS i 5J74 , �Qp 1Z 7 E FRANKLIN RD 13 18 i3za.ir — -------------- F BEAGti NTs PROJECT: OWIVER/DEVELOPER: DWG# 2030 S. WASHINGTON AVE. UNION DISTRICT EMMETT,ID 83617 120018-EX ANNEXATION EXHIBIT BILL TRUAX „ P:(208)398-8104 PROJECT# MERIDIAN,ID- P(208)398-8105 120018 SEC, 7, T3N, R1E, B.M. 208-914-6131 Wroor ADA COUNTY, IDAHO SHEET DATE: 212020 Landsuvcyirr�LLG WWWSAWTOOTHL5.COM 1 OF 1 Meridian City Council Meeting Agenda June 9,2020— Page 362 of 427 EXHIBITS TO THE ORDINANCE Exhibit 1 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 of Public Hearing 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 , Meridia AUCO I o 9 u r� City of IDIAN* - Cit erPity '"� iPgH . 1 Mayor andCouncil �F� SEAL. By : Chris Johnson, City Clerk rFR ° ' , je TRY ;. q, Q< First Reading : 5/26/2020 ; Second Reading and Public Hearing : 6/02/2020 ; Third Reading and Public Hearing : 6/09/2020 STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO . 204882 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- 18 82 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 . 901A ( 3 ) . DATED this J0 day of June , 2020 . William . L . M . Nary, City Atto y URBAN RENEWAL DISTRICTS r-uUENTLY ASKED QUESTIONS UrbanWhat is an Renewal -. 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 the City. TAX INCREMENT FINANCING GRAPH 2 TAX INCREMENT FINANCING GRAPH 1 Pori M TaxIncrernent 5600,000.03 $500,000,00 5700,000 00 •Regular properly tax SWo non n0 0 5900,000,00 in[rease ffi 597n,nro n0 S300,000.00 ■Serles2 S400,nro n0 ■Increment 5200,mOm m "0,00000 ■Taxes $100,000 00 a $200,0013 00 5100,0ro OQ S- OW 1 2 3 4 5 77 8 0 11 12 13 11 r 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 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. City Council Meeting Agenda June 9,2020— Page 364 of How is the boundary of RI 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 moneyfrom other localgovernment 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 'I going to increase 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. QMWjW City Council Meeting Agenda June 9,2020- Page 365 of 427 �� URBAN RENEWAL 101 (IN IDAHO) : AUTHORITY, OVERSIGHT, AND IMPLEMENTATION Presented by Ryan P. Armbruster and Meqhan S. Conrad Elam & Burke, PA April z3, zozo URBAN RENEWAL AGENCY AUTHORITY STATUTES • LIMITATIONS • POWERS • FINANCING Meridian City Council Meeting Agenda June 9,2020— Page 367 of 427 Urban Renewal Agency Authority • Local Economic Development Act, Title 50, Chapter 2g, Idaho Code • Idaho Urban Renewal Law of 3-965, Title 50, Chapter 20, Idaho Code • Idaho Constitution—ArticleVlll, g 4, Art. XII, g 4 • Separate and distinct legal entity with independent authority—Pick 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; ArticleVlll, g 3 of the Idaho Constitution. • Models throughout the state vary widely; though after HB6o6 (2o16), models should become more uniform, mix of lay appointees and elected officials; but latter cannot constitute a majority. 3 Meridian City Council Meeting Agenda June 9,2020— Page 368 of 427 Li mi t ations On Urban Renewal Agencies An urban renewal agency is constitutionally prohibited 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 for the benefit of the public. The agency should be very cautious in considering funding improvements to private property or formally participating with private entities asa 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, g 4, Art. XII, g 4, Idaho Constitution] 4 Meridian City Council Meeting Agenda June 9,2020— Page 369 of 427 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 corporation, 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, g 4 to urban renewal agencies has never been Idaho Constitution, Art. 8, g4 (emphasis specifically interpreted by the Idaho added). Supreme Court. Meridian City Council Meeting Agenda June 9,2020— Page 370 of 427 Limitations, Continued • The Idaho Supreme Court has held the purpose behind Art. VIII, g 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 thatTlF 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. Meridian City Council Meeting Agenda June 9,2020- Page 371 of 427 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 any joint 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, g 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 June 9,2020— Page 372 of 427 7 What Powers Do URNS Have ? Consistent with the urban renewal plan, to: • Construct/reconstruct streets, utilities, parks, recreation facilities, off-street parking and public facilities, public buildings and other 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 8 Meridian City Council Meeting Agenda June 9,2020— Page 373 of 427 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 "project costs" Meridian City Council Meeting Agenda June 9,2020— Page 374 of 427 9 The Act : Title C a tor 29, l a o Co e 5o, (13) "Project" or "urban renewal project" or (a) Acquisition of deteriorated area... "competitively disadvantaged border areas" may include undertakings and activities of a (b) Demolition and removal of buildings. .. municipality in an urban renewal area for the elimination of deteriorated or deteriorating (c) Installation, construction, or areas and for the prevention of the reconstruction of streets... development or spread of slums and blight and may involve slum clearance and (d) Disposition of any property... 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 — I.C. 50-2018(10) (h) Lending or investing federal funds... (i) Construction of foundations... 10 Meridian City Council Meeting Agenda June 9,2020— Page 375 of 427 The Law : Title C a tor 29, l a o Co e 50, 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 improvements, facilities, buildings structures, (e) Direct administrative costs, including and permanent fixtures; the demolition, reasonable charges for the time spent by city or alteration, remodeling, the or reconstruction county employees in connection with the of existing buildings, structures, and permanent implementation of a project plan; fixtures; the acquisition 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; �s Meridian City Council Meeting Agenda June 9,2020— Page 376 of 427 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 June 9,2020— Page 377 of 427 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 June 9,2020— Page 378 of 427 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 so% 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 June 9,2020— Page 379 of 427 Revenue Allocation Financing, Continued • Budget for City, County, and other non-school taxing districts limited to previous year's budget plus 3%, new construction and forgone. By virtue of amendments In 2007, 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. • Propertytax revenue from the incremental value, if any, goes to the urban renewal a enc or a limited period of time (zo ear max, except for " randfathered" projects gimarll � ears). y p g p � primarily 4Y 15 am Meridian City Council Meeting Agenda June 9,2020— Page 380 of 427 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 after 20o8 and voter approvals after 2oo8, the urban renewal agency will not receive taxes generated by voter approved levies, such as general obligation bonds, school district plant facilities levies, and supplemental levies. g g p pp • Also, no school district emergency levy available to urban renewal agency. 16 Meridian City Council Meeting Agenda June 9,2020— Page 381 of 427 MDC Administers two Project Areas • Downtown District • Ten Mile District Meridian City Council Meeting Agenda June 9,2020— Page 382 of 427 17 PUBLIC OVERSIGHT OPEN MEETINGS • PUBLIC RECORDS • REPORTING REQUIREMENTS Meridian City Council Meeting Agenda June 9,2020— Page 383 of 427 Operating In The Public Eye • Public Record Law — Idaho Code gg 74-101 t0 74-126 • Open Meeting Law — Idaho Code gg 74-201 to 74-208 • Notice of Meetings —Agendas, Idaho Code g 74-204 • Executive Sessions —When Authorized, Idaho Code g 74-2o6 19 Meridian City Council Meeting Agenda June 9,2020— Page 384 of 427 Procurement Rules and Procedures • Title 67, Chapter z8, Idaho Code • Public Works Construction Bidding • Threshold amounts for both formal and informal bidding processes • Best interests of Agency from $0-$25,000 to $0-$50,000 • Informal bidding from $25,000-$Z00,000 to $50,0004200,O00 • Formal bidding from over $Zoo,000 to over $200,000 • Public Procurement of Goods and Services Bidding • Best interests of Agency from $0-$25,000 to $0-$50,000 • Informal bidding from $25,000-$50,000 to $50,0004100,000 • Formal bidding from over $50,00o to over $Zoo,000 • Idaho Code g 67-2320 • Professional Service Contracts with Design Professionals, Construction Managers, and Professional Land Surveyors • Idaho Code g 54-4511 • Construction manager/general contractor 20 Meridian City Council Meeting Agenda June 9,2020— Page 385 of 427 Financial Reporting Requirements : Audit Annual Report Budget and Other • Audit and Annual Report • Idaho Code gg 50-2oo6(c) and (d) • Budget • Idaho Code gg 50-2903(5) and 50-1002; see also 50-2oo6(d) • Central registry and reporting portal (agency and financial information) • Idaho Code g 67-45oE • State Tax Commission reporting portal (urban renewal plans) • Idaho Code g 50-2913 • Amendment certification • Idaho Code g 50-2903A (For plans adopted post-July z, 2016) 21 Meridian City Council Meeting Agenda June 9,2020— Page 386 of 427 IMPLEMENTATION BOARD • CREATION • PLAN • RECENT CHANGES • TAX COMMISSION Meridian City Council Meeting Agenda June 9,2020— Page 387 of 427 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 June 9,2020— Page 388 of 427 Con ict Of Interest Laws • Urban Renewal Law — Interested Public Officials, Commissioners or Employees, Idaho Code g 50-2017 • Ethics in Government Act of 2015 — Chapter 4, Title 74 • Gifts/gratuities/events • Prohibitions against Contracts with Officers — Chapter 5, Title 74 24 Meridian City Council Meeting Agenda June 9,2020— Page 389 of 427 Ethics in Government Act of 2015 : Describes the Public Trust and FiduciaryObligation 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; (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. g 74-402 Meridian City Council Meeting Agenda June 9,2020— Page 390 of 427 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 official, the a conflict of interest. effect of which would be to the 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 June 9,2020— Page 391 of 427 Ethics in Government : Exception to Conflict of Interest Provision • Exceptions to the conflict of interest When a person is a public official by reason provision: of his appointment or election to a • Where the actions of the public body governing board of a governmental entity provide a benefit to a certain class of for which the person receives no salary or people, and a public official happens to fee as compensation for his service on said be a member of that class. board, he shall not be prohibited from having an interest in any contract made or • There is a de minimis value of goods entered into by the board of which he is a and services that a public official may member, if he strictly observes the an receive without violatingof these procedure set out in section 18-1 61A provisions. y Idaho Code. 3 • A specific exception for non- compensated public officials is set out in I.CJen - o . This exception applies I.C. 74-40 74 4 5 p . p p � 5 only the contract for services has be subject to public bid and the a Xointed official submitted the lowest bi Meridian City Council Meeting Agenda June 9,2020— Page 392 of 427 Urban Renewal Law : Contains a Broader Conflict of Interest Prohibition • I.C. g 550-2017 prohibits board members ...voluntarily acquiring any personal fror-fi fiaving an interest in a contract or interest direct or indirect in an urban real property connected to an urban y renewalp project, whether or not the renewal project, or in any property urban renewal agency itself is a included or planned to be included in any g y 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 theagency and such disclosure shall be required by HUD to received federal entered upon the minutes of the agency. funding assistance. • Provision was likely intended to prevent a board member from investing in real I.C. g 50-201.7 estate in an urban renewal area. Meridian City Council Meeting Agenda June 9,2020— Page 393 of 427 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 presently owns or controls, or renewal project area at the time the owned or controlled within the preceding member is appointed. two (z) years, any interest, direct or indirect, in any property which he knows is • Provision is likely intended to address included or planned to be included in an those situations of appointing a board urban renewal project, he shall member who may own property within immediately disclose this fact in writing to the urban renewal project area y the agency, and such disclosure shall be p 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 such property. I.C. g 50-201.7 Meridian City Council Meeting Agenda June 9,2020— Page 394 of 427 Conflict of Interest Under I . C . § 18 - 1359 : Criminal Misdemeanor • Care must be taken that information "No public servant shall: obtained in your position as Board (a) Without the specific authorization of the Member be disclosed or used which 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, acceptor 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. g 18-1359 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 by him in his o ficial capacity, or by any body or board of which he is a member, except as provided in section 18-1361, Idaho Code. I.C. S 18-1359(1)(a) through (d) Meridian City Council Meeting Agenda June 9,2020— Page 395 of 427 30 ■ How Are Urban Renewal Areas Formed ? • Idaho Urban Renewal Law first adopted in s965 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 June 9,2020— Page 396 of 427 Steps to Create a RAA • 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 gg 50-2903(8), 50-201.8(8) and (9)) and make the requisite findings in an eligibility report • MDC typically retains independent, third party consultants to review area and prepare study report. Supports credibility of findings. 32 Meridian City Council Meeting Agenda June 9,2020— Page 397 of 427 Definition of Deteriorated Area — I . C . § 50- 2903(8)-see also, I . C. §§ 50- 2018(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 dilapidation, deterioration, age or obsolescence, Inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding or the existence of conditions which endanger life or property by fire and other causes, or any combination of such actors, Is conducive to ill health,transmission of disease, infant mortality,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 Improvements, 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 which 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 condition and use. (c) Any area which is predominately open 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.The 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 agricultural operation as defined in section z2-4502(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 of the forest land gives written consent to be included in the deteriorated 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 June 9,2020— Page 398 of 427 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 June 9,2020— Page 399 of 427 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, 2011, must seek voter approval to establish the agency • Generally, the plan approval process takes about 6 months for a clearly defined project; oftentimes can take 12+ months 35 Meridian City Council Meeting Agenda June 9,2020— Page 400 of 427 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 lo% 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 June 9,2020— Page 401 of 427 Deannexations • Pursuant to Idaho Code g 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 June 9,2020— Page 402 of 427 37 Deannexations, Continued • County will have to provide information regarding the base and increment values on a parcel by parcel basis • In a deannexation there are two benefits: l) full value of the property is available to the taxing districts to be used in the budget-levy setting process; and z) 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 deannexation process to be completed (meaning ordinance published, recorded and transmitted) no later than the 4th Monday 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 June 9,2020— Page 403 of 427 38 Urban Renewal Pan - Genera • Arevenue allocation area exists for 20 years (pre-2o11 plans grandfathered for longer term of 24Years) • 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 adopted post-2o16 cannot be amended without resetting the base value to current value; limited exceptions 39 Meridian City Council Meeting Agenda June 9,2020— Page 404 of 427 SampleAnalysisWhenConsideringa 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 July 1, 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 June 9,2020— Page 405 of 427 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. g 50-2o18(12) • The Agency may acquire property by negotiation or condemnation . See, Idaho Code g 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. g 7-701A. Meridian City Council Meeting Agenda June 9,2020— Page 406 of 427 41 Property Disposition • Procedures for the disposition of property are set forth in Idaho Code g 50-2011. Property cannot be given to a private person/entity/non-profit without going through a competitive bidding process. • Idaho Code g 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 June 9,2020— Page 407 of 427 42 IN T:.E HOUSE OF REPR.SENTAI2'+ZS 7 s .all tra:sa_t business and shall exercise -zs __-s hereu-.=_ 2 subject zo the requirements of subseti-__r. c E ism Attended, J (b) V on satisfactic•n of the As r`L^�end _n - ded the S an 1 tho - - =act the busine_ FQ erc a pc we ere by a 0 =.._._ liners to be eszab;_ Fce. is:• - } ess p _ded _ _se --- t.7-he mayor, by and :. e ice an nsea _f the ca a=- a body, shall appc�. .71NG TO URBAN RE I Sr ION -01 'SE =s s u n _ .a_ __cyt which shall co_s =RC7ISI0lI5 FOR IF--- 2G►ICUP OF THE HOARD OF CO*ii' I55ION ES OF AN URBAN 10 f less than :three (3) co=m ss_one_s nor more than n-,no (9) tort_ NEWrr. AGENCY, TO ALLOriT FOR THE ELECTION OF C .ISSIONFPS, TO R_iVISE 11 s_oners. In the order of appointment, the mayor shall designa_=_• =ROVISIONS REGARDING THE FILLING OF VACANCIES, TO PROVIDE RESIDENCY 12 'timber _f commissioners to be appointed, and the term of each, pro-.-: 'LQ TECF�iI CO S z e or nalWo� fice £ a- h ss_:. NG SE ION S0 3, IDE, TC R07IDE I S FO IV �� shay xpir n t c issi:.. shall rveS; N ECT_,O:: 5 _ TDA: ODE, T SE T: DEFITS aate date It - tm xcep y S OF S S. ," "URBAN P- " AN a all v s F=1 d - e ePat�e[r d _ CT CO t1 NG p 29. I 0, - _ 3'c - AD 17 (2) in n lei d s d ez cff e, O s er _emoti a� tha :,P,7INANCE TO:CODIFY AN PLAN AND TO PR07IvE EXCEPTIONS; 19 governing body only after a hearing and he shall have been SECTION 50-2905, IDAHO CODE, TO PROVIDE THAT ANY CHANGES TO 20 a copy of the charges at least ten (10) days prior to such hear_-.; .EArt REN'EK&L. PLAN S:3ALL BE NOIICED AND COI-TLETED IN AN OPEN PUBLIC 21 r_ave had an opporzu-.,my :: be heard _n person or by counsel_ - _ AMENDING CHAPTER 29. TITLE 50, IDAHO CODE, BY THE ADDITION OF -- mission position ;..*eh `»at becsates vacant at a time other than _--TION SO-290SA, IDAAO CODE, TO PROVIDE FOR AN ELECTION ON CERI ^3 a- - -f a ter- shall be filled b1 =: : _ : - _ : =75 AND TO DEFINE TERMS; AWING CHAPT_= I :_=-JITION OF A NEW SECTION SO-2913, I :O F E F 5 =_ : w = _ : _ _: : - _ _ _ _ :-. EnT9,L PLANS BE SU'BN_ITTED TO THE STATE T SS AN O P - - - air the bard =f - -::r__ss_oners if - _ :INALTIES FOR FAILURE TO REPORT; AMENDI F -vermin body- by and with the advsce and coase:1- -f` PROVIDE FOR INCLUSION ON THE NEW CONS D - ern___g b=•dy, including the mayor, if applicable, and shall he -- aN OF AN URBAN RENEWAL PLAN OR DE-ANNEXATION OCCURS AND TO M.Z.KE A 29 for the unexo_red tertt. .::.1CAL CORRECTION; PROVIDING SE7FS2AHiLITSt; AND PROVIDING EFFECII17E 30 (3) By enactment :_f an ordinance, the local governing body may a: 31 and designate :,s9elr frog.a_rnona its members to be-w-rbers of the b=a._ 32 commissioners cf the mbar.renewal agency, provided that such reps- -=-e3 by the Legislature of the State of Idah_: 33 tat_cm shall be less than a ma7orcty of the b:.ard of commissioners 3e urban renewal agency of the members cf the local governing b=dy _= 1. That Seczion SO-2006, Idaho Code, be, and the sa=e- is hereby 35 after .iuly 1, 2017, in which case all the rights, powers, duties, _ - zead as follows: 33 ileges and ixmaunizies vested by the urban renewal tau of 1965, �.. 37 amended, in an appointed board of cc=cn'ssioners, shall be vested URBAN RENEWAL AGENCY_ (a) There rs hereby created in each mu- 38 local governing body, who shall, in all respects when acting as an =ndependenz public body corporate and politic to be ;clown as 30 renewal agency, be acz-ng as an arm of state govern_-iaa=, entirely -s:ewal agency" that was created by resolution as provided in sec- 40 rate and distinct from the ttun_4 c_pality, to achie-.e, perform and a: -_: -5, Idaho Code, before July 1, 2011, for the municipality; pro- n plish the public purpcses prescribed and provided by said urban x4me to s such agency shall not transact any business or exercise its pow- 42 law of 196S, and as amended. e-reunder until or unless: (1) the local governing body has made the 43 (4) By enactment of an ord:.n_.-_�, ____._ __ .___._-_ --:.dy may ter -gs prescribed in section 50-200S, Idaho Code; and provided further, rs nate the appointed board of c and thereby app:inz and =h agency created after July 1, 2011, shall not transact any busi- 45 ignate itself as the board of commits_:-__rs of the urban r=::eaa1 = e.=cise i zs powers provided for in --his chapter until (2) a major- m for not more than one (1) calendar year_ tS-»iC:c 212Ct - do- �' --•3=-- --- _- I` =r'a=-- -- - _ -___- �--- Meridian City Council Meeting Agenda June 9,2020- Page 408 of 427 43 Idaho Code § 50-2903A Plans adopted post-July 1, 2016, 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 adopted post-July 1, 2o16, and subsequent modifications to those plans. Meridian City Council Meeting Agenda June 9,2020— Page 409 of 427 44 Idaho Code 50 - 2903A (continued A modification shall not be deemed to occur in the following limited circumstances: (z) To make technical or ministerial plan amendments (2) To make a plan amendment that increases the revenue allocation area boundary by up to 1o% (3) To de-annex parcels from a revenue allocation area. Provides statutory justification 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 June 9,2020— Page 410 of 427 45 Effect of I . C . 0 - 2qo-�A - Summar5Y • Plans maybe amended for any reason (subject to the statutory limitations set forth in Idaho Code gg 50-2033 and 50-2904) without risk of a base re-set • For plans adopted post July 1, 2o16, 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 June 9,2020— Page 411 of 427 46 "With specificity"' Idaho Code50 - 2905 Idaho Code g 50-2905 was amended to address the contents of a plan a . Requires that a revenue allocation area plan must state with specificity 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 June 9,2020— Page 412 of 427 47 Plan specificity what does that mean ? • Requiring `specificity" will 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 June 9,2020— Page 413 of 427 48 Idaho Code 5 50 - 29o5A Limitation on use of TIF to fund construction of municipal buildings and mu lti urosesp sports stadium p p complex • Three-part test: • After July 1, zo1g, revenue allocation funds or revenue allocation funds aggregated with any other `public funds" may not contribute to ,51% or more of the total "project cost" (excludes federal funds and federal funds administered by a public body); AND • the project is for construction of a `municipal building," or a "multipurpose sports stadium complex," or a remodel of either; AND • the total project cost exceeds s1M • Voter approval: if triggered, 6o% of the participating qualified electors residinq within the borders of the qualified municipality; election subject to consolidated election-laws Meridian City Council Meeting Agenda June 9,2020— Page 414 of 427 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. 50-2oi8(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, other judicial buildings, fire stations, jails and detention facilities • 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 June 9,2020— Page 415 of 427 I . C . 50 - 29o5A - Exception • Exception to "project cost" — certain infrastructure improvements are not subject to 51% 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 June 9,2020— Page 416 of 427 51 Idaho Code 1 o - 2 5 93 State Tax Commission Repository Idaho Code g 50-2913 established urban renewal reporting requirements and penalties for non-compliance. Meridian City Council Meeting Agenda June 9,2020— Page 417 of 427 52 HB587 202oHighway District Levies • For RAA first formed or expanded to include property on or after July 1, 202o, all 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 June 9,2020— Page 418 of 427 53 ISSUES IDENTIFIED OVERTHEYEARS BYTHE IDAHO LEGISLATURE AND URBAN RENEWAL CRITICS Meridian City Council Meeting Agenda June 9,2020— Page 419 of 427 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 if the limit is exceeded ��Giveaways" • Perceived lack of • 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 June 9,2020— Page 420 of 427 Meridian City Council Meeting Agenda June 9,2020— Page 421 of 427 56 �E IDIAN^ ITEM SHEET IDAHO Council Agenda Item - 7.C. Presenter: Chris Johnson Estimated Time for Presentation: 2 minutes Title of Item - Ordinance No. 20-1884: An Ordinance (H-2019-0135—Allmon Subdivision)for Annexation of a Portion of the Southeast Quarter of the Northeast Quarter of Section 30, Township 4 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 10.03 Acres of Land From RUT to R-8 (Medium Density Residential)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 Allmon Subdivision Annexation ordinance Council Notes: min ATTACHMENTS: d Date Allmon Sub Annexation Ordinance 5/29/2020 Allmon Sub Exhibit A and B Exhibit 5/29/2020 REVIEWERS: Department Reviewer Action Legal. Weatherly,Adrienne Approved 6/2/2020 - 11:20 AM Legal. Albertson, Michelle Approved 6/4/2020 - 12:32 PM Meridian City Council Meeting Agenda June 9,2020— Page 422 of 427 ADA COUNTY RECORDER Phil McGrane 2020-070831 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 06/12/2020 08:42 AM CITY OF MERIDIAN, IDAHO NO FEE BY THE CITY COUNCIL: BERNT, DORTON, CAVE NER, HOAGLUN, PERREAULT, STRADER 1 11 Wy K1 DAM BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITT * D ERI IAN, COUNTY OF ADA STATE OF IDAHO: oF M SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate firnits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re - RUT to R-8 (Medium Density Residential) Zoning District in the Meridian City Code. Ordinances of the City of Meridian to annex and zone said propei ty. 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. SECTION5. 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 SECTION 7. This ordinance shall be in fall force and effect from and after its passage, approval and publication, according to law. ANNEXATION ORDINANCE — Allmon Subdivision (112019-0135) Page I of 3 Meridian City Council Meeting Agenda June 9, 2020 — Page 423 of 427 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 of Idaho. 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 9th day of June , 2020. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 9th day of June , 2020. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 9th day of June ,2019,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—Allmon Subdivision(H 2O19-0135) Page 2 of 3 Meridian City Council Meeting Agenda June 9,2020— Page 424 of 427 William L .M . Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . William L . M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO , 204884 An ordinance (H-2019-0135 Allmon Subdivision) for annexation of a portion of the southeast quarter of the northeast quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho as defined in the map published herewith; establishing and determining the land use zoning classification from RUT to R4 (Medium Density Residential) 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 — Allmon Subdivision (H 2O19-0135) Page 3 of 3 Meridian City Council Meeting Agenda June 9, 2020 — Page 425 of 427 EXHIBIT A B & A Engineers, Inc. Consulting Engineers & Land Surveyors 5505 West Franklin Rd. Boise, ID 83705 Telephone 208.343.3381 Facsimile 208.342.5792 Allmon Subdivision Annexation Description November 19,2019 A portion of, the southeast quarter of the northeast quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the North Quarter Corner of said Section 30; thence N89°47'00"E, 2,634.00 feet along the North line of Section 30 to the Northeast Quarter Corner; thence SOO°13'57"W, 1,660.54 feet along the easterly boundary of said Section 30 and the centerline of N. Locust Grove Road to the Point of Beginning: Thence continuing S00"13'57"W,332.05 feet along the easterly boundary of said Section 30 and the centerline of N. Locust Grove Road Thence S89°43'08"W, 25.OD feet to the westerly right-of-way of N. Locust Grove Road; Thence S89"43'08"W, 1,287.88 feet along the northerly boundary of Madelynn Estates Subdivision to the southeast corner of Arcadia Subdivision; Thence NOO°10'34"E,333.46 feet along the easterly boundary of Arcadia Subdivision to the southwest corner of Reserve Subdivision No.2; Thence N89'46'49"E, 1,288.20 feet along the southerly boundaries of Reserve Subdivision No.2 and The Reserve Subdivision to the westerly right-of-way of N. Locust Grove Road; Thence N89"46'49"E,25.00 feet to the easterly boundary of said Section 30 and the centerline of N. Locust Grove Road and the Point of Beginning. Comprising 10.03 acres,more or less. RCO Y � N 411 0 J�Arcc 0 F ` EXHIBIT B Allmon Subdivision H-2019-0135 Meridian City Council Meeting Agenda June 9,2020— Page 426 of 427 Allmon Subdivision Annexation Map ^ Ts 20 30 J \V�263a.00' 30 29 30 1 NORTH SCALE. 1'=150' �J1 ,I,S`OJ I y goo o I r SJ� eN ¢ e 0 ISO N89'46'49'E 1313.20 1288.20 0 25.00' n CO o 4 ACRES c 9.8 a � N p U $ In 4 r t= 0 25.00' Z S8946 49 1312.88 U R s Annexation Map For: P,1 Allmon Subdivision 411 BEING SMATE IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30,TOWNSHIP 4 NORTH, RANCE 1 EAST, 4 9 B&A Engineers,Inc. os E o F ,o SOISE MERIDIAN,CITY OF MERIDIAN, IWO. ssosw.r . (Me)30"M 21 NOVEMBER 2019 Allmon Subdivision H-2019-0135 Meridian City Council Meeting Agenda June 9,2020— Page 427 of 427 E IDIAN --- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Meeting Notes: �E I '! tN -- ITEM SHEET IDANO Council Agenda Item - 6.A. Presenter: Estimated Time for Presentation: Title of Item - Reconsideration Request for 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: Descripti Type Upload Reconsideration Request Letter Cover Memo 6/5/2020 REVIEWERS: Department R Clerk. Weatherly,Adrienne Approved 6/5/2020 - 11:08 AM Meridian City Council Meeting Agenda June 9,2020— Page 5 of 427 DEVELOPMENT REAL PROPERTY ZONING CLARK WARDLE T. Hethe Clark (208)388-3327 hclark@clarkwardle.com Via electronic mail May 19, 2020 Meridian City Council c/o Meridian City Clerk 33 E. Broadway Ave. Meridian, Idaho 83642 Re: Delano Subdivision (AZ, PP H-2019-0027)—INTERIM REQUEST FOR RECONSIDERATION Dear Council Members: We appreciate the City of Meridian's efforts to ensure that its citizens are heard and the interests of property owners—on both sides of these questions—are protected. As often is the case for infill projects, there are competing pressures from neighbors, agencies, utility providers, etc. We have attempted to satisfy as many of those concerns as possible. At last Tuesday's hearing, the issue that sent this discussion toward a negative motion was the possibility of N. Dashwood Ave. opening before N. Centrepointe Way is connected.' It is unfortunate that the maker of the motion did not bring up this concern while the public record was open.Z This left the applicant without the ability to respond, and resulted in a denial based upon an impossible condition (connecting N. Centrepointe Way across a third party's property) without a quantitative traffic basis for doing so. As a result, the decision is legally suspect. It also creates practical difficulties for area landowners, the City, and ACHD. It freezes area development until all of N. Centrepointe Way is connected, requiring all property to be in single ownership, or all property owners to be in lockstep with development plans and timing. The currently approved motion effectively prevents completion of the roadways on the master street map and the City's sewer and domestic water loops. ' The proposed written findings in this project include statements that the annexation of this property "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." (Draft Findings,Section B.5). z The public and the applicant should not be surprised when an issue becomes the ultimate deciding factor but was not discussed during the public hearing. Yes, the N. Centrepointe Way connection was discussed in November; however, the situation had changed significantly since then, with the primary subdivision access being removed from N. Dashwood Ave. and replaced with a temporary emergency access. If this was not enough to address those concerns,the point should have been raised during the public hearing to allow the public and applicant to respond. T.Hethe Clark Geoffrey M.Wardle Joshua J.Leonard Ryley Siegner T:208.388.1000 251 E Front St,Suite 310 F:208.388,1001 PO Box 639 arkv�prdl9m Boise ID 83701 Meridian City Council Meeting Agenda June 9,2020— age b oft All of this resulted in new information on several fronts. In addition to the apparent imposition of an impossible condition, we are now aware that the Council is unwilling to approve this project if there is any possibility that N. Dashwood Ave. will be open before N. Centrepointe Way is connected to E. Wainwright Dr.—despite the transportation authority's approval of the project. We believe we have a very simple solution that addresses the concern of those who voted in favor of Tuesday night's motion. Here is the proposal: • We propose to amend the phasing plan to remove N. Dashwood Ave., Lots 1-4 of Block 1, and Lot 1 of Block 4 from Phase 1 of the Project. Each would be in a new Phase 4, as shown below: I � I I v 1." ••v... al as am r.a rm Ie r •a a rr mm & 9a I R 4$ SB a B ,m. a14, 4 mm .mm .am 8 rs. 8 ,m- B'1 B sry BI •r a ®v —v a I Y _ _______ B ' 9q9q M•® I P ry —v S' w ' wv � I_�a —®' I ml II a vrr 7 - 91 a� i pia uva O $ — _ ------- a„ — —1-- - --- -_ -- -� �•`x'�� i�as ®s a e®e o B , a e 4®rg.ae.g.® a®.g�B a x I • The N. Dashwood Ave. stub would not be dedicated with Phase 1. It would not become a public roadway until it is made part of a final plat with Phase 4. Because N. Dashwood Ave. would not be dedicated to ACHD, we would be allowed to construct an emergency access to the City of Meridian Fire Department standards and landscape to the edges of that emergency access and connect a much-needed domestic water loop for the City. • Phases 1 through 3 would move forward with the primary access on E. Jasmine St./N. Centrepointe Way and an emergency-only access at the future location of N. Dashwood Ave. • Phase 4 would only be allowed to proceed once N. Centrepointe Way has connected to E. Wainwright Dr. This could be a condition of the development agreement for this project. If the Council reconsiders its motion based upon this new phasing plan, it will accomplish what the current ACHD condition mandates (emergency-only until N. Centrepointe Way connects), but will preclude the scenario Council Members Bernt, Borton, and Strader feared: N. Dashwood Ave. opening before the N. Centrepointe Way connection is complete. Control is back in the City of Meridian's hands Meridian City Council Meeting Agenda June 9,2020— Page 7 of 427 because the City can prevent a connection to N. Dashwood Ave. by enforcing this phasing plan as a condition of approval. And there is no inconsistency between the ACHD and City of Meridian positions. Meanwhile, the Delano project and area remains more than adequately connected, as shown below: } Delano Neighborhood Street Connectivity PI s e e +1 1 . slow O � `'f o � � 1 - NNW• In addition, as illustrated in the ACHD findings in this case, area roadways remain well within capacity. As one example, N. Centrepointe Way has a daily 5,000 trip capacity. At full buildout of Delano subdivision, the total number of trips on N. Centrepointe Way is expected to be 3,106, or about 62% capacity. Clearly, the data show that this project will not have an adverse effect until such time as N. Centrepointe Way connects. In the meantime, emergency and pedestrian connections will be retained and homes north of Delano will have the opportunity to walk to retail and stores to the southeast. Meridian City Council Meeting Agenda June 9,2020— Page 8 of 427 We understand and appreciate that the neighbors may not be satisfied until they have a permanent emergency-only access. It was unclear whether the majority of Council agreed with the neighbors' position; however, this phasing plan also gives these neighbors time to attempt to revisit the issue as other connections to Alpine Pointe come on line that might aid in their argument. Accordingly, we ask that the Council entertain reconsideration with the benefit of Staff's evaluation of this new phasing plan. We understand that the matter would then be taken up at a follow-up public hearing, at which this phasing plan would be considered. Thank you for your consideration. Very truly yours, 'J_ � CC- T. Hethe Clark HC/bdb c: Client City Attorney Meridian City Community Development Staff Meridian City Council Meeting Agenda June 9,2020— Page 9 of 427 E IDIAN I DA 0 H tl* CITY COUNCIL REGULAR MEETING AGENDA Item Title: Future Meeting Topics Meeting Notes: