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2021-07-06 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, July 06, 2021 at 4:30 PM Minutes ROLL CALL ATTENDANCE Councilwoman Liz Strader Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the June 22, 2021 City Council Work Session 2. Approve Minutes of the June 22, 2021 City Council Regular Meeting 3. Bainbridge Subdivision No. 12 Water Main Easement No. 2 4. Idaho Central Credit Union - Ten Mile Branch Water Main Easement No. 1 5. Impressive East Ridge Subdivision No. 2 Sanitary Sewer Easement No. 1 6. Impressive East Ridge Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 1 7. Impressive East Ridge Subdivision No. 2 Water Main Easement No. 1 8. Lost Rapids Subdivision Water Main Easement No. 2 9. Millbrae Subdivision Pedestrian Pathway Easement No. 1 10. Final Order for Aegean Estates No. 3 (FP-2021-0031) by Engineering Solutions, LLP, Located at 4306 N. McDermott Rd. 11. Final Order for Oaks North Subdivision No. 10 (FP-2021-0035) by Toll Southwest, LLC, Generally Located at 6180 W. McMillan Rd. 12. Findings of Fact, Conclusions of Law for Prevail North Subdivision (H-2021-0021) by Schultz Development, LLC, Located at 5150 S. Meridian Rd. 13. Development Agreement Between the City of Meridian and Shafer View North, LLC (Owner/Developer) for Shafer View Terrace (H-2020-0117) Located at the East Side of S. Meridian Rd./SH 69, Midway Between E. Amity Rd. and E. Lake Hazel Rd. 14. Addendum to Development Agreement (Instrument#2019-0028376 recorded April 10, 2019) Between the City of Meridian and High Desert Development Linder Village, LLC (Owner/Developer) Located at 6308 N. Linder Rd, at the Northeast Corner of N. Linder Road and W. Chinden Blvd. 15. Second Addendum to Development Agreement Between the City of Meridian and William Bienapfl (Owner) and Flexspace, LLC (Developer) for Movado Mixed Use (H-2020-0123), Generally Located on the South Side of E. Overland Rd. Between S. Eagle Rd. and S. Cloverdale Rd. 16. Agreement Between City of Meridian and Nampa and Meridian Irrigation District for Five Mile Pathway along Five Mile Drain at Quartet Subdivision Northeast No. 1 17. Artwork License Agreements for the Traffic Box Community Art Project 2021 Series 18. First Addendum to Professional Services Agreement Between the City of Meridian and Sensus USA Inc. for Monitoring and Data Collection 19. Professional Service Agreements for West Ada School District Student Artwork for Traffic Box Community Art Project 2021 Series 20. Subrecipient Agreement Between City of Meridian and NeighborWorks Boise for Program Year 2019 Community Development Block Grant Funds 21. Task Order #3 for February 2, 2010 Professional Services Agreement with Idaho Information Consortium, LLC, dba Access Idaho, for Electronic Transactions and Access for Transaction Payments to Meridian Police Department 22. Resolution No. 21-2272: A Resolution Vacating a 5-Foot Drainage, Utility Construction and Maintenance Easement Within a Portion of Lots 2 and 3 as Shown on Heritage Subdivision No. 2, Book 23, Page 1453, Within the Southwest ¼ of the Northwest ¼ of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 23. Resolution No. 21-2273: A Resolution of the Mayor and the City Council of the City of Meridian, Idaho, Accepting that Certain Report on Eligibility for the Northern Gateway Area as an Urban Renewal Area and Revenue Allocation Area and Justification for Designating the Area as Appropriate for an Urban Renewal Project; Determining the Area Identified in the Report to be a Deteriorated Area or a Deteriorating Area, or a Combination Thereof, as Defined by Idaho Code Sections 50-2018(9) and 50-2903(8); Directing the Urban Renewal Agency of the City of Meridian, Idaho, also Known as the Meridian Development Corporation, to Commence the Preparation of an Urban Renewal Plan for the Area Subject to Certain Conditions, which Plan May Include Revenue Allocation Provisions For All or Part of the Area; and Providing an Effective Date Approved Motion to approve made by Councilwoman Strader, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener Voting Abstaining: Councilman Borton 24. Resolution No. 21-2274: A Resolution of the Mayor and the City Council of the City of Meridian, Idaho, Accepting that Certain Report on Eligibility for the Idaho Block Annexation Area as an Urban Renewal Area and Revenue Allocation Area and Justification for Designating the Area as Appropriate for an Urban Renewal Project; Determining that the Area Identified in the Report as the Proposed Amendment Area Adjacent and Contiguous to the Existing Union District Revenue Allocation Area Within the City of Meridian, to be a Deteriorated Area or a Deteriorating Area, or a Combination Thereof, as Defined by Idaho Code Sections 50-2018(9) and 50- 2903(8); Directing the Urban Renewal Agency of the City of Meridian, Idaho, also Known as the Meridian Development Corporation, to Commence the Preparation of an Urban Renewal Plan Amendment, which Plan Amendment May Include Revenue Allocation Provisions For All or Part of the Area; and Providing an Effective Date Approved Motion to approve made by Councilwoman Strader, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener Voting Abstaining: Councilman Borton 25. Mayor's Office: Budget Amendment in the Amount of $4500.00 for Production Room Computer Replacement, Software and Equipment Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault, Councilman Cavener 26. Community Development Block Grant (CDBG) Program Year 2021 Action Plan Presentation 27. Transportation Commission: Pathway Crossing Concerns ADJOURNMENT 5:44 pm Item#1. Meridian City Council Work Session July 6, 2021. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, July 6, 2021, 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, Ted Baird, Cameron Arial, Tori Cleary, Dave Miles, Crystal Campbell, Jeff Brown, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call this meeting to order. For the record it is July 6, 2021, at 4:30 p.m. We will begin this afternoon's City Council Work Session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: There are no changes to the agenda this evening, so I move that we adopt the agenda as published. Hoaglun: Second the motion. Simison: I have a motion and a second to adopt the agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the agenda is adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the June 22, 2021 City Council Work Session 2. Approve Minutes of the June 22, 2021 City Council Regular Meeting Page 4 Meridian City Council Work Session Item#1. July 6,2021 Page 2 of 26 3. Bainbridge Subdivision No. 12 Water Main Easement No. 2 4. Idaho Central Credit Union - Ten Mile Branch Water Main Easement No. 1 5. Impressive East Ridge Subdivision No. 2 Sanitary Sewer Easement No. 1 6. Impressive East Ridge Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 1 7. Impressive East Ridge Subdivision No. 2 Water Main Easement No. 1 8. Lost Rapids Subdivision Water Main Easement No. 2 9. Millbrae Subdivision Pedestrian Pathway Easement No. 1 10. Final Order for Aegean Estates No. 3 (FP-2021-0031) by Engineering Solutions, LLP, Located at 4306 N. McDermott Rd. 11. Final Order for Oaks North Subdivision No. 10 (FP-2021-0035) by Toll Southwest, LLC, Generally Located at 6180 W. McMillan Rd. 12. Findings of Fact, Conclusions of Law for Prevail North Subdivision (H- 2021-0021) by Schultz Development, LLC, Located at 5150 S. Meridian Rd. 13. Development Agreement Between the City of Meridian and Shafer View North, LLC (Owner/Developer) for Shafer View Terrace (H-2020- 0117) Located at the East Side of S. Meridian Rd./SH 69, Midway Between E. Amity Rd. and E. Lake Hazel Rd. 14. Addendum to Development Agreement (Instrument #2019-0028376 recorded April 10, 2019) Between the City of Meridian and High Desert Development Linder Village, LLC (Owner/Developer) Located at 6308 N. Linder Rd, at the Northeast Corner of N. Linder Road and W. Chinden Blvd. 15. Second Addendum to Development Agreement Between the City of Meridian and William Bienapfl (Owner) and Flexspace, LLC (Developer) for Movado Mixed Use (H-2020-0123), Generally Located on the South Side of E. Overland Rd. Between S. Eagle Rd. and S. Cloverdale Rd. Page 5 Meridian City Council Work Session Item#1. July 6,2021 Page 3 of 26 16. Agreement Between City of Meridian and Nampa and Meridian Irrigation District for Five Mile Pathway along Five Mile Drain at Quartet Subdivision Northeast No. 1 17. Artwork License Agreements for the Traffic Box Community Art Project 2021 Series 18. First Addendum to Professional Services Agreement Between the City of Meridian and Sensus USA Inc. for Monitoring and Data Collection 19. Professional Service Agreements for West Ada School District Student Artwork for Traffic Box Community Art Project 2021 Series 20. Subrecipient Agreement Between City of Meridian and NeighborWorks Boise for Program Year 2019 Community Development Block Grant Funds 21. Task Order#3 for February 2, 2010 Professional Services Agreement with Idaho Information Consortium, LLC, dba Access Idaho, for Electronic Transactions and Access for Transaction Payments to Meridian Police Department 22. Resolution No. 21-2272: A Resolution Vacating a 5-Foot Drainage, Utility Construction and Maintenance Easement Within a Portion of Lots 2 and 3 as Shown on Heritage Subdivision No. 2, Book 23, Page 1453, Within the Southwest '/4 of the Northwest '/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and Providing an Effective Date Simison: Next item is the Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve the Consent Agenda, for the -- for the Mayor to sign and for the Clerk to attest. Hoaglun: Second the motion. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. Page 6 Meridian City Council Work Session Item#1. July 6,2021 Page 4- 26 ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 23. Resolution No. 21-2273: A Resolution of the Mayor and the City Council of the City of Meridian, Idaho, Accepting that Certain Report on Eligibility for the Northern Gateway Area as an Urban Renewal Area and Revenue Allocation Area and Justification for Designating the Area as Appropriate for an Urban Renewal Project; Determining the Area Identified in the Report to be a Deteriorated Area or a Deteriorating Area, or a Combination Thereof, as Defined by Idaho Code Sections 50-2018(9) and 50-2903(8); Directing the Urban Renewal Agency of the City of Meridian, Idaho, also Known as the Meridian Development Corporation, to Commence the Preparation of an Urban Renewal Plan for the Area Subject to Certain Conditions, which Plan May Include Revenue Allocation Provisions For All or Part of the Area; and Providing an Effective Date Simison: So, we will move on to Item 23 under Department/Commission Reports. So, the first item up is Resolution No. 21-2273. Turn this over to Mr. Arial. Arial: Oh. Thank you, Chris. Thank you, Mr. Mayor, Members of the Council. It's a pleasure to be with you. I'm also joined by our economic development administrator Tori Cleary and our team. So, two consultants. Phil Kushlan, who is a professional and a former executive director of CCDC in Boise, who helped us with the eligibility reports before you and, then, also Meghan Conrad, who is our specialty legal counsel in the urban renewal space. So, just real quick, a couple of points of clarification just on process. What you have before you are two resolutions. First for the Northern Gateway and, then, also for the -- the Union District and so we will take --- we will take them in stride. First the Northern Gateway one and as you will recall this is for just the eligibility reports that are kind of the step in the process that, then, kick us off to actually go and create specific plans for these areas. So, to the Northern Gateway one. Really, this kind of the -- the main point to consider here is the timing. The original district or the -- better known as the Meridian Revitalization District, the original downtown district is going to be sunsetting soon here in 2026 and there is a number of things that, quite frankly, still need to be -- to be done in this area and so these two new proposed eligibility areas -- or that -- these areas that were studied by Mr. Kushlan really are areas that we want to focus on and as you --as you know, the --these two areas have challenges. There is some older buildings and other things that make redevelopment and funding of redevelopment less feasible, if you will, and, therefore, you know, the engagement of Mr. Kushlan to do these eligibility studies was -- was a move forward. So, wanted to kind of just highlight the Northern Gateway area. Hopefully -- let me just pull up the -- hopefully it will show the -- so, here is the -- the area for -- for your viewing. This is -- as you can see the northwest here is the Meridian and Cherry Lane intersections. It includes that -- that big field up there Page 7 Meridian City Council Work Session Item#1. July 6,2021 Page 5 of 26 owned by Doug Tamara and, then, move to the -- to the east there and, then, down into the -- into the downtown and, again, this -- this area was chosen primarily because of -- not only redevelopment opportunity, but also opportunity to do pretty significant public infrastructure improvements as well that will help accomplish the -- the downtown -- Destination Downtown plan of MDC. The -- I would focus you now on the -- the report itself and these are the -- again, you will -- you will note there are ten specific code sections that qualify an urban renewal area for -- or an urban renewal district for eligibility and as you can see the Northern Gateway includes eight of those and so the -- the ones that I want to kind of point out are, number one, just the -- the number of deteriorated or deteriorating structures and in my mind this really is the key element of a redevelopment opportunity and, then, just to kind of point out another one that I think will -- will be addressed via the plan as we get into that, but, really, it's just the -- the subsequently impaired or rest of this sound growth of the municipality. So, number ten. As you know, there is -- there is a lot of pathways or roadways that don't quite intersect, there is connectivity issues, and, really, in order to get the downtown in -- in an oriented infrastructure path, not -- not only in the roadways, but also in the underground utilities. This is a -- this is one that I think is -- will be a focus of the plan going forward. So, really, that is a -- that is the -- the meat of -- of this resolution is to seek your approval of the report and, then, also to move forward with the plan creation in the Northern Gateway and with that, Mr. Mayor, I will stand for any questions on -- on this one. Simison: Thank you. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Maybe just worth repeating a couple of questions I asked earlier, but process wise just for the record I wanted to make sure that this allows us to move forward on creating a plan, but that Council will be reviewing and voting on the adoption of that future plan. Arial: Yes. Mr. Mayor and Council Woman Strader, that's correct. So, this --this adoption of this eligibility report just kicks off that formal plan -- planning process and we really do anticipate a robust process there and look forward to the input of Council throughout that. We do have scheduled opportunities for your input and, then, ultimately, Council's discretion to -- to adopt the plan. Strader: Mr. Mayor, one more. Simison: Council Woman Strader. Strader: And, then, the Northern Gateway District is -- the success of this feels very dependent on one particular large property. Do you feel like you will have buy in at that point in the process when we have a plan from that property owner that makes it more likely that this area will redevelop? Page 8 Meridian City Council Work Session Item#1. July 6,2021 Page 6- 26 Arial: Mr. Mayor, Council Woman Strader, great -- great question. So, yeah, you have highlighted a lot of the strategy well in that question. So, you will -- you will note that -- that far northwest property there, that's Doug Tamara's property and he's been very proactive with us in, essentially, annexing into the city and is in the process of doing his public outreach right now to do so. So, we anticipate a formal submittal from him to develop that property. Strader: Thank you. Simison: Council, any additional questions? Okay. Thank you very much. Are we doing the readings at this point in time or are we looking for action on the resolution? Baird: Mr. Mayor, we are hoping that you will take action on the resolution tonight so we can move forward. With that, Council, do I have any motions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think -- and maybe I'm misunderstanding what Ted said. But taking action on that this evening at our 6:00 o'clock meeting? You are looking to have action at that -- Baird: Actually, let me back up a minute. I don't want there to be any confusion about the --the item that's the second reading of the de-annexation, which is on the 6:00 o'clock meeting. That is actually a precursor to forming these districts that the de-annexation has to take place. So, I would consider your action at that -- at 6:00 o'clock is totally separate from these two and what you are doing -- and, of course, you have only heard the presentation on Item 23 and not yet 24, but we are looking to have you take action so that if, indeed, you wish to go forward that the consultant can start with the -- the plans. Cavener: Mr. Mayor, thanks, I appreciate it. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: It sounded like we can take action on Item 23. Simison: Correct. Strader: So, I would move that we approve Resolution No. 21-2273, resolution of the Mayor and City Council of the City of Meridian accepting the report on eligibility for the Northern Gateway area as an urban renewal area, revenue allocation area, and justification for designating the area as appropriate for an urban renewal project. Do I need to read this whole thing or -- that would be okay? Okay. Thanks, Ted. Page 9 Meridian City Council Work Session Item#1. July 6,2021 Page , - 26 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I will second the motion. Simison: I have a motion and a second. Is there any discussion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: For the record I will be continuing to -- to abstain from any consideration or discussion of both Items 23 and Items 24 on this agenda. Simison: Okay. With that any further discussion? Do we need a roll call or-- on one, Mr. Baird? Baird: In the interest of thoroughness, let's go ahead and do a roll call. Simison: Okay. Ask the Clerk to call the roll. Roll call: Borton, abstain; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: Five ayes. One abstain. Motion passes. Or resolution passes. MOTION CARRIED: FIVE AYES. ONE ABSTAIN. 24. Resolution No. 21-2274: A Resolution of the Mayor and the City Council of the City of Meridian, Idaho, Accepting that Certain Report on Eligibility for the Idaho Block Annexation Area as an Urban Renewal Area and Revenue Allocation Area and Justification for Designating the Area as Appropriate for an Urban Renewal Project; Determining that the Area Identified in the Report as the Proposed Amendment Area Adjacent and Contiguous to the Existing Union District Revenue Allocation Area Within the City of Meridian, to be a Deteriorated Area or a Deteriorating Area, or a Combination Thereof, as Defined by Idaho Code Sections 50-2018(9) and 50- 2903(8); Directing the Urban Renewal Agency of the City of Meridian, Idaho, also Known as the Meridian Development Corporation, to Commence the Preparation of an Urban Renewal Plan Amendment, which Plan Amendment May Include Revenue Allocation Provisions For All or Part of the Area; and Providing an Effective Date Simison: Next up will be Item No. 24, which is Resolution No. 21-2274. Page 10 Meridian City Council Work Session Item#1. July 6,2021 Page 8 of 26 Arial: Thank you, Mr. Mayor, Members of Council. So, just continuing right on. This is -- as you know this is another area of downtown, which we feel is appropriate for eligibility review, as well as continued work in the interest of our downtown revitalization efforts. This is going to be annexed into the existing Union District that was formed last year and this study area, as you can see, is -- is only just a few parcels and the reason for this is that because it will be annexed into the existing Union District, which is small in and of itself, code only allows us to annex an additional ten percent of the existing district. So, that being said, this is a perfect alignment for an urban renewal project. That's, as we understand it, is already underway with some of these property owners and so I will kind of point out, just going back to the eligibility criteria, number one where it says the presence of substantial number of deteriorating -- deteriorating structures. We don't have a substantial number of them just by virtue of the fact that there is only a few properties here and a few buildings, but it is safe to say that this area that will be part of the Union District does represent this -- this criteria and as you can see there is four additional criteria that were met and as you recall only one is necessary to be considered for an urban renewal plan -- planning process. We do look forward to additional growth and opportunity in this area in particular, since its proximity to City Hall and what we consider the -- you know, the heart of downtown and we are looking forward to continued efforts in this -- in this regard. And with this, Mr. Mayor, Members of Council, this is also, again, seeking your approval of the eligibility report, so we can kick off the -- the additional planning effort to include this in the Union District. With that I will stand for any questions. Simison: Thank you. Council, any questions? If not, do I have a motion? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we approve Resolution No. 21-2274. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I second the motion. Simison: I have a motion and a second to approve Resolution No. 21-2274. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Borton, abstain; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: Five ayes, one abstain, and the resolution passes. MOTION CARRIED: ALL AYES. Page 11 Meridian City Council Work Session Item#1. July 6,2021 Page 9- 26 Arial: Thank you, Mr. Mayor, Members of the Council. 25. Mayor's Office: Budget Amendment in the Amount of $4500.00 for Production Room Computer Replacement, Software and Equipment Simison: Cameron, thank you. Next item on our agenda, Item 25, is a Mayor's Office budget amendment in the amount of 4,500 dollars. Turn this over to Mr. Miles. Miles: Good afternoon, Mayor and Council. Hope you are doing well. Quick budget amendment request for you all to consider. As you know the city maintains a video production room right over here. We have got a video production computer that, unfortunately, just recently blew up, which is unfortunate, but it's kind of serendipitous, guess, as we have learned all the technology needs through COVID. We need a new computer to replace that one. New piece of software to run the video production behind the scenes, develop -- and through the communications program they have also been working to account for various equipment that we haven't had that we have had a need for. Most recent example was the Lakeview Golf Course -- is it still on? Lakeview Golf Course town hall that we held, we actually borrowed a bunch of electronic equipment from the chamber. Just looking at our operations, looking at an opportune time to say what do we really need and we were in that process, figured we would come to you tonight because of the computer replacement and put them all before you for a 4,500 dollar amendment. With that I will stand for any questions. Simison: Thank you. And for the record this technically is in other government. Mr. Miles just is here from that standpoint from the Mayor's Office. Any questions? Councilman Bernt. Bernt: Mr. Mayor, I move that we approve the budget amendment in the amount of 4,500 for production room computer replacement software and equipment. Cavener: Second the motion. Simison: I have a motion and a second. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you. MOTION CARRIED: ALLAYES. 26. Community Development Block Grant (CDBG) Program Year 2021 Action Plan Presentation Page 12 Meridian City Council Work Session Item#1. July 6,2021 Page 10—26 Simison: Next up is Item 26, which is our Community Development Block Grant program year 2021 Action Plan presentation and we will turn this over to Crystal. Campbell: Thank you, Mr. Mayor, Members of the Council. So, I'm here for the fifth and final year for this current consolidated plan -- action plan. It's the PY-21 and it starts October 1st, 2021, and will go through September 30th, 2022. So, every year we have to submit the action plan and it's basically an application for the next year's funding. So, with this, the process to do it, we -- I mentioned that we have the Consolidated Plan, which is a five year plan. We take into consideration the analysis of impediments to fair housing and the market analysis for this and, then, the goals are developed while we work with stakeholders in the community to see what's needed. So, this plan will set up the framework for what we want to do for the next five years and, then, the action plan is what we are going to do each individual year to meet those goals at the end. The -- one of the core pieces of the CDBG program is citizen participation. So, that's what part of this is. We do two public presentations, a public comment period, and, then, a public hearing. So, this is the first of the two public presentations where we ask the public to give us feedback on how they feel we are doing with the goals that we have identified. We also consult with stakeholders. We have regular involvement with them and we also send our action plan to them for feedback. This year we have our PY-21 funds. HUD has said that they are planning on giving us 501,559 dollars and we will also be reallocating about 95,000 dollars from the current year's funding. The chart that's on there gives you kind of a breakdown of the activities that we have identified. Admin and fair housing, there is a federal cap of 20 percent and we are only using about 7.5 percent towards that. For public services there is a 15 percent cap and we are using about 7.5 percent for that as well. For housing activities it's around 29 percent and accessibility is 56 percent. For admin and fair housing we are looking at allocating 45,000 dollars and the majority of that is going to go towards our next five year plan. We have to do the housing market analysis and -- and we will also be putting some towards the Fair Housing campaign and we have just regular administration that we do. As far as public services, we have identified two projects that will be a total of 45,000 dollars. Both of these we have worked with before. The first one is emergency rental assistance through the Jesse Tree for households that are at risk of homelessness. The second one is with the Boys and Girls Club scholarships for extended care programs. For housing we are proposing allocating 171 ,000 dollars toward the homeowner repair program. This -- our current year is the first that we have done it and they have got one -- one home that they have almost completed and another one that's underway, so it's going really well and this will look more like what we are anticipating it to be going forward what we would need. We do have homebuyer assistance as a backup project, because it's just not viable in the housing market right now to put the funds toward this. We have had a hard time spending those funds the past -- past couple of years for that project. For accessibility we have identified the Chateau Park playground and pathway. With this we would be replacing the current playground with an all abilities playground and also developing a pathway that would connect the playground to the LMI areas that are right there. We also have a couple of backup projects. They are both streetlight projects. One is near Peregrine Elementary and the other one is near Meridian Middle. So, moving forward we are in the middle of our public comment period. That will conclude on July 20th at the public hearing. The following Page 13 Meridian City Council Work Session Item#1. July 6,2021 Page 11 of 26 week, then, I will submit the final report and resolution on the Consent Agenda and, then, as soon as that's approved, then, I will submit it to HUD. So, if there is any questions or comments people can contact me. I'm Crystal Campbell and this is my contact information. So, with that I will stand for comments. Simison: Thank you, Crystal. Council, any questions or comments? Hoaglun: Mr. Mayor? Perreault: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just a quick question. When you were talking about housing, Crystal, you mentioned the housing market analysis. Can you describe, fairly high level, what that entails? Campbell: So, we are actually working with a consultant who will go in and kind of do an analysis of what we have right now, what's affordable, what kind of --just where it falls. Simison: Council Woman Perreault. Perreault: Thank you. On the section that has 20,000 allocated for rental assistance, that strikes me as maybe a little bit low for the need that's out there. So, can you help us understand how that number came to be. Was that the request that was made by the organization that's utilizing the funds or was there a limitation on how much could be contributed to that? Campbell: So, it was -- they actually requested a little bit more, but they have not been able to spend their funds as much. There is a lot of--there is a lot of funds on the market right now for rental assistance and it's -- it's been hard for them to identify Meridian households. They are just barely getting to their PY 19 CARES Act funds and they will be done with those in September. So, the group did suggest that they get a lower amount than what they had originally requested, but we will still have CARES Act funds if they do need more. Perreault: One more question, Mr. Mayor. Simison: Council Woman Perreault. Perreault: If I understand correctly with the homebuyer assistance, one of the challenges is that -- is -- is that the -- the amount of downpayment assistance, for example, that can be utilized just isn't enough to really help that homebuyer and so, you know, perhaps the program is permitted to use a 25,000 contribution towards down payment. That's not enough to -- to qualify for the loan types that they are seeking. Is that a general understanding or maybe one of the issues we are running into with a market? Page 14 Meridian City Council Work Session Item#1. July 6,2021 Page 12—26 Campbell: That and maybe -- I think it's more around the fact that the housing costs are so high that they are not affordable to the people who qualify with the income eligibility requirements. Perreault: Okay. Campbell: So, the houses that are on the lower price point, then, they can't get in there and get the offers on the house quick enough before somebody else comes in and bids higher than that and has cash. So, it just takes longer for our clients to potentially get into those homes. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: With those assistance programs there is -- the assistance -- the individuals who are applying for them have income limitations that have to be abided by; is that correct? And so, therefore, the housing market is, essentially, priced them out even with the assistance that can be provided; is that generally what -- Campbell: Yes. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks, Crystal. I was curious actually if CDBG funds could be used for affordable housing projects in Meridian in other ways going forward. Just maybe a follow- up, but just what the options are and if there are other HUD funds available that we might be able to utilize toward building affordable housing, because to Council Woman Perreault's point, unfortunately, the housing market is so overheated here that these programs won't be effective. Campbell: Right. Absolutely. And that's a great question. We are kind of limited as far as CDBG specific funds go towards affordable housing. We can't actually build any. We could help with the soft costs, but we couldn't actually build it. However, if we were to work with some of the home programs, then, we may be able to and we are trying to create a consortium with the local communities -- the other entitlement communities, but we have to have all of our borders touching before we can do that and, then, we have talked about once that happens, then, we would be able to do the bigger projects and kind of rotate them throughout the Treasure Valley or whichever city it is. But also during our next Consolidated Plan we are really focusing on what we can do with CDBG, because it's -- it's going to be a few years before we can use the home funds in Meridian. So, we are going to try to get some viable projects that we can actually complete with CDBG funds. Page 15 Meridian City Council Work Session Item#1. July 6,2021 Page 13—26 Strader: Thanks a lot. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: If I may address Council Woman Strader's question. It's my understanding that some of the organizations that have applied for the funds they do have the ability to build projects here in Meridian with a different source of funds. So, our allocating what we have to provide other services for homebuyer assistance and whatnot allows them to free up some of the funds that they can use to build with and so that's part of -- Neighborworks Boise specifically is looking to do some of those projects here in Meridian, looking for property to do that. So, since they have applied for CDBG funds for other parts of those services they provide, I think that that's kind of indirectly helping using those funds, so -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Yeah. It may be worth a future discussion, like a broader discussion at a later date, just on more direct -- direct efforts on affordable housing, as opposed to indirect efforts was my -- what my question was getting at. Thanks. Campbell: So, coming soon to a Council meeting near you, then, we will be presenting the housing market analysis. So, there will definitely be opportunities to comment on it and have a bigger discussion then. Simison: Council, any further questions or comments? Okay. Thank you, Crystal. 27. Transportation Commission: Pathway Crossing Concerns Simison: Next item on the agenda is Item 27, which is Transportation Commission pathway crossing concerns. I understand, Mr. Steed, you are going to introduce the topic or the next person who is going to talk about the topic. I will turn this over to you. Steed: Or both as the case may be. Mr. Mayor, Council Members, good to be here. I'm Walter Steed, president -- I mean chairman, rather, of the Meridian Transportation Commission. We have an issue that we would like to bring before you to see if we could possibly have some impact on a new pathway intersection design that ACHD has started using. The Transportation Commission looks at transportation budgets, plans, changes and development. We also listen to citizens, the police department, and staff regarding their concerns. This one is one brought to us by staff. The staff has met with ACHD on a couple of designs that have come through with a new way to have pathways cross intersections and they have concerns, talked to ACHD staff, and pretty much we were told we are doing what we have been told to do. It's got to go up another level before we Page 16 Meridian City Council Work Session Item#1. July 6,2021 Page —of 26 can change anything. So, with that the Transportation Commission wrote the memorandum that's in your packet to explain to you what we are attempting to bring forward. We have looked at this at a couple of different meetings since May and currently talking about Eagle Road in two places, at Lake Hazel and at East Levin. Our understanding is this change is going to be a permanent way of doing these intersections and it -- it concerns us. It pulls the crossing of pedestrians and bicycles, who are using the sidewalk, back from the intersection. Ron Lancaster, a member of the commission, would like to present you with some details on the situation and look forward to your assistance. Thank you. Lancaster: Mr. Mayor, Council Members, it's a pleasure to be with you again. It's nice to see you all in person. Thanks for the introduction, Chairman Steed. So, I have a couple thoughts to share. I think Chairman Steed already addressed the topics pretty well. I will -- I will dive into a little bit more detail. So, I -- I titled this side path crossing concerns. It turns out a multi-use path or a shared use path is kind of a path on its own alignment, like the Boise Greenbelt, for instance, a path that parallels another alignment, like a road, is usually called a side path, so -- so, what -- what I'm asking -- or what we are asking of you today is to express to ACHD city preferences on these side path crossings. What we would like to see. And I will get into what our commission recommends here in a minute. As a matter of background, you may remember about a year ago last March all of you elected officials sent ACHD a letter stating your preferences for multi-use facilities that are preferred over bike lanes and narrower sidewalks. You may remember that letter. So, I took a few snips from it. So, your recommendation is -- is great, but it does present a few operational challenges. So, here on the screen at the moment is a conventional bike lane layout, for instance, where there is a lane on each side of the road that -- where the bicycle traffic runs parallel to the vehicular traffic next to it. Contrast that with -- oh. And where -- where there is right turning movements or -- or where there is conflicts between vehicles and bicycles, bicycles are moved away from that conflict. So, in this case moved to the left of the right turning vehicle. So, contrast that with a side path where, essentially, there is a new parallel two lane road next to the road and so on the left here with Driver A, a driver turning right from a minor street onto a major street was typically looking left; right? So, looking for vehicles on the left that -- that are going to be in conflict and won't see the bicyclist on the right traveling the opposite direction. Similar with Driver B. If Driver B's making a left turn from the major road to the minor road, they are typically looking down the road looking for a vehicle coming the opposite direction that will be in conflict and, therefore, can't see the bicyclist coming up behind their shoulder. Or Driver C making a right turn from the major road to the minor road is looking ahead for vehicles turning left in front of them or to the minor road for vehicles turning from the minor road, but isn't necessarily looking for the bicyclist again over their shoulder. Or this bottom figure, you know, a vehicle might block the path of a bicyclist or a pedestrian on this side path. So, those are some of the challenges. That's kind of the background of why this is even a topic. So, this is ACHD's solution. This is from their plans. This is what we have discussed in the Transportation Commission. So, their solution was to make a -- kind of a kink in the side path where it moves away from the intersection and, then, comes back tighter to the road. The idea here is that a vehicle can pull up to the intersection without blocking the path. That's the big reason for it. Or a vehicle turning from the major road Page 17 Meridian City Council Work Session Item#1. July 6,2021 Page ——26 potentially has more time to see a user of the side path before crossing the side path. So, identify those conflicts. In your memo -- here is a couple of quotes from the memo in your packet that Chairman Steed has already summarized. So, Meridian staff has expressed concerns with ACHD staff about the new designs and the visibility conflicts it creates. ACHD staff are acting as they have been directed and any changes will have to come from the executive level. A little bit of information on where we think this design for ACHD came from. It appears to have originated from a Federal Highway Administration -- that's what FHWA stands for. So, an FHWA document entitled small town and rural multi-modal network. So, the title of that document, you know, sets off a few red flags immediately and that, you know, this -- this may not be applicable in an urban area. A second source for this is the Massachusetts Department of Transportation. They have a document called Separated Bike Lane Planning and Design Guide. So, this is a figure from the FHWA document showing this sort of treatment. I will note that in this treatment they -- they show a -- an elevated crosswalk. So, a speed table of sorts where the crosswalk is elevated to make it different than the -- the road that it intersects. Here is a figure from Massachusetts DOT, so very similar. This one showing a left turning vehicle has about a car's length before crossing the path. That brings us to this document from the American Association of State Highway Transportation Officials. So, the acronym for that is AASHTO. So, this is a consortium of the State Departments of Transportation. So, for instance, ITD is part of AASHTO and UDOT is part of AASHTO and Oregon and on and on. So, they develop these guides -- and -- and often these AASHTO documents are sort of the source documents for roadway design and so this is sort of the Bible of bicycle facilities and it admittedly probably lags a bit behind some of the other guidance documents. The AASHTO documents are usually a bit more conservative based more on research and experience, rather than trying out some new method or device. So, a few quotes of note from that document. On roads with speed limits of 50 miles per hour or greater, increasing the separation from roadway is recommended to improve path user comfort and potentially reduce crashes. So, that's for high speed facilities like a highway. These roads that we are talking about here in Meridian are not high speed facilities. That plan that I showed earlier was for Eagle Road where the speed limit is proposed to be 40 miles per hour with that project. So, it would fall into this next paragraph of lower speeds. So, this -- this one's important to note in that at lower speeds greater separation does not reduce crashes. I will stop there for a second. This is based on a study from the Florida Department of Transportation. So, if -- when we are having a conversation about safety or what's safest, you know, certainly crashes is what's of utmost importance. You know, near misses may be uncomfortable, but don't necessarily result in -- or they don't result in a loss of property or life; right? So, really, we are talking about crashes here. What -- what contributes to crashes or what prevents crashes. But they say at lower speeds greater separation does not reduce crashes. Therefore, the side path should be located in close proximity to the parallel roadway at intersections. So, motorists turning off the roadway can better detect side path riders. It's kind of the opposite approach as this FHWA document or the Massachusetts DOT document and that it's recommending to keep the path close to the parallel roadway to keep the side path users in the driver's direct view, rather than off to the side. Some additional concerns that are in the memo. You know, there is no urban examples of this or at least local urban examples and I have had some contact with Massachusetts DOT in preparation for this and they have sprinkled Page 18 Meridian City Council Work Session Item#1. July 6,2021 Page 16 of 26 this throughout their state where it makes sense. So, they may have some urban examples, but we certainly don't hear. So, this is kind of new for here. We are concerned about items that might impede either the view of side path users or the sight lines of drivers, you know, some -- some object that will obstruct the view in either direction, such as landscaping, fences, utility poles, signs, human behavior. There is potential concerns about -- we tend to like to take the shortest path if we are creating -- intentionally creating a longer path that may not be used. There is some concern that the design incorporates some of the elements that were shown in those -- those guides, but not all of them. For instance, the elevated crosswalk, that's not present in the ACHD design. I don't know why really. You know, perhaps it's snow removal, but it's -- it's something different; right? So, we are not quite comparing apples and apples. And some conflicting or -- or inappropriately used signs. And here is an example of this. So, this is back to that -- that engineering plan. This is a plan view. Noticeably absent from this is the stop sign. So, I added that. I don't know if that was an omission from the document or -- or what. But I would certainly hope there is a stop sign. But that kind of conflicts with the sign immediately upstream of it, the bicycle and pedestrian crossing warning sign. It may, you know, as designed here shield the stop sign, which is probably the more important of the -- the two signs. The sign circled there on the left is a sign that's reserved for traffic signal use and here it's used at a uncontrolled -- or at least a two way stop controlled intersection. So, admittedly, signs, markings, that sort of thing, that's --that's my specialty as a traffic engineer by education, experience, and employment. So, you know, those -- those things stand out to me. There is just a couple things that are a little weird, you know, that are a result of trying something new. And, then, finally, there is this concern about who yields to who. So, by law motorists must yield to pedestrians in a crosswalk. I chuckle or cringe a little bit every time I see the signs in the road that say stop for pedestrians, because that's not the law in Idaho. In Idaho it's yield to. So, there is law concerning what vehicles and pedestrians do, but not necessarily vehicles and bicycles, because they are both considered vehicles. So, presumably, we have created this new intersection where the rules of the road at intersections apply as far as whoever gets there first is served first or if arriving at the same time the vehicle on the right. So, driver's ed stuff. So, that -- that starts to come into play here, because there is no control at this crossing, because the control at the intersection is beyond where the crossing is. Okay. So, this brings us back to the action requested of this group. Provide a follow-up to the March 3rd, 2020, letter that I paraphrased earlier with city preferences for side path crossing. So, this -- I'm seeing this as less of a brand new document, but sort of a continuation of the letter that this body sent before to address further specific topics, meaning the side path crossings. So, it's the Transportation Commission's recommendation to essentially follow the AASHTO guidance, that the side path should be located in close proximity to the parallel roadway at intersections. So, the opposite of -- of the ACHD approach. But to keep the -- the side path crossing close to the road, rather than pull it back. And with that, Mr. Mayor, that is the end of my presentation. Simison: Thank you, Ryan. I'm going to start by just asking a couple questions. All in good fun, since we are here today. Does this type of experience happen when say roundabouts -- or does this happen anywhere in our city right now where roundabouts are not at play; to your knowledge? I mean that's the kind of the place where a roundabout Page 19 Meridian City Council Work Session Item#1. July 6,2021 Page 11 of 26 is, but it doesn't -- it doesn't go all the way through on the other side. So, I'm not exactly sure what that's looking like. Lancaster: Mr. Mayor, are you referring to the similarity of -- where at a roundabout the pedestrian crossing is a vehicle car back? Simison: Correct. Because that's really where this first came out, probably, was from -- from that element. So, I'm trying to get a better understanding about how this really -- is this all a function of design that is been spurned by roundabouts or is this-- is this separate from roundabouts, a new way that they are going to be looking at any crossing at any intersection, as a general rule, to your knowledge. Lancaster: Yeah. Mr. Mayor, I will answer that the best I can. I think they are -- they are separate topics. We have seen them come together in the same project, these two topics, but I think they are separate. It's my understanding that this is the way Ada County Highway District will be approaching these side path crossings now and in the future. Simison: So, any intersection, whether it's a roundabout or standard that's signalized, you would, essentially, put the pathway crosswalk behind all turning vehicle movements is how you would interpret their direction? Lancaster: Yeah. Mr. Mayor, that's a good clarification. I wouldn't think that we would see a difference in how crossings are treated at signalized intersections, but specifically at two way stop controlled intersections like this where one way is not controlled and the minor road has stopped. I understand that that's where they are applying this. Simison: So, one way could be to always just have regular standardized intersections to avoid these altogether as one option. Just an option. Not the option. Just say it for me. Just say it. I won't force you. I won't force you to do it. I won't force you to do it. I'm not going to put you on the record, but -- Lancaster: Mr. Mayor -- Simison: -- I could have gotten you there if I would have -- if I would have pushed it the right way. I'm not going to. Lancaster: I will say this. You know that I'm an advocate of roundabouts having designed and -- and, yeah, certainly I'm an advocate. You know, this -- this is a different topic and I'm, you know, frankly here representing the Transportation Commission. Simison: Yeah. I said it with some fun. But there are some similarities to the roundabout, which is kind of where this -- you know, trying to bring this into the larger context for Council to even consider from that standpoint. Lancaster: Yeah. Page 20 Meridian City Council Work Session Item#1. July 6,2021 Page 18 of 26 Simison: So, Council, now that I'm done with my fun, any other questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: It would be really helpful if you could share a little more context as to how ACHD he came to want to make this change in the first place. Did this come out of public concerns? Did this come out of changing standards nationally? Can you give me a little bit of history on that? Lancaster: Yeah. Mr. Mayor, Council Member Perreault, so I can't speak for ACHD, but I can give you a couple of guesses is probably the best I can do. You know, I think it's reasonable to say that ACHD is trying to be proactive in some of these bicycle and pedestrian design issues. They have their own pedestrian and bicycle committees. In fact, Commissioner Lewis from our commission is on the pedestrian advisory commission, whatever they call it, so it does seem like they are trying to be proactive there and they are probably seeking out some of these new documents and new guidance and trying them out. That's kind of the best guess that I have. The AASHTO document is dated 2012. So, it's getting a little bit dated now. You know, nine years old. These other documents are newer and so they are probably just seeing if they are any better. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Lancaster, appreciate you being here. Commissioners, appreciate you being here. The action that's being requested by the Commission, as I understand, comes with some encouragement from staff I guess. This is kind of a weird process that is playing out. I guess my question for you as kind of the Commissioner liaison to this particular project is a recommendation strong enough for the Commission to be satisfied that -- our staff, I guess, to be satisfied that the intended outcome will be achieved. Or do we need more stronger language in our request? Lancaster: Mr. Mayor, Councilman Cavener, I think we are approaching this from three different ways. You know, I have heard commentary from this body. Certainly our commission has had discussions about this, some of which -- or all of which you have been present for and I -- I understand that staff has concerns also. So, it's not one -- one body alone, it seems to be all three. As far as, you know, strength of wording, we all know that ACHD owns the roads and eventually-- or they can make their own decisions without our input and they, you know, fortunately, asked for our input on -- on a lot of things and for the most part they seem to be very good partners. So, as far as strength of wording, I don't know exactly how to answer that, Councilman, other than to say I do think it appropriate for the city to state its preference at this time and -- and at least formally make it known to the Ada County Highway District. Page 21 Meridian City Council Work Session Item#1. July 6,2021 Page 19—26 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Mayor, if other Council Members have questions, then, maybe I have got a comment at the end. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Maybe a comment or question. I'm not sure. But, yeah, one thing I want to say -- I appreciate that I think ACHD is moving in a direction of being more considerate of pedestrians and bicyclists. I can tell that they are working on that through their endeavors to have these protected bike lanes and which I think actually moves closer to our philosophy of having these detached pathways. So, I want to make sure we are giving them credit for some of the positive changes that they are making and I actually wonder if -- yeah, I think sending a letter is fine, but I guess there are several new ACHD commissioners and I'm kind of just thinking out loud. Would it be better to have some sort of a workshop or more of a meeting where we can understand what direction they are going in? Why they are recommending these changes. Maybe bring up some of our concerns, similar to how we have done recently with -- you know, with the West Ada School District, just so we can get better alignment between our two institutions. I'm a little bit leery of sending a blank recommendation about side paths coming from our perspective if I don't have the context of why they made that change coming from their perspective a little bit more. So, I just think of more of a dialogue approach might be better. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Just to bring a little historical approach to this discussion, we did have a pretty frank discussion on the public record with regard to this issue. I brought it up and I don't remember who the gentleman was I was speaking toward at -- at ACHD, but I got some ACHD commissioners involved and -- and for some reason they just -- they just disagree and I don't know how more blunt we could have been speaking to them about this particular issue, but the response at that time was that they needed to get -- what was it, like a -- like a -- like a VPO or something like -- did get a new PO or -- to change the -- the design and they said they were going to work on that. I don't know that ever came to fruition or not. But as a Council we -- we definitely let them know our opinion on this -- on this -- on this look. It was -- we were pretty frank. Simison: I would agree. I mean the conversation was there on Eagle Road. Again, similar. A little different, but same general concept, so -- Page 22 Meridian City Council Work Session Item#1. July 6,2021 Page 20 of 26 Perreault: Mr. Mayor? Simison: Council Woman Perreault. Bernt: I'm curious if the Commission has had conversations with any of the other cities that are part of ACHD and if there is similar concerns, if they are having similar conversations on their commissions and councils and if this is going to become a joint effort on the various cities' parts or if you can give us some idea if that's going, how that's going. Lancaster: Yeah. Mr. Mayor, Councilman -- or Council Member Perreault, as a commission we have not had any conversations outside of this room. I think Mr. Baird would probably slap our hands if we did; right? We -- we, essentially, follow the same rules you do; right? And that we talk about what's on our agenda. I don't know if city staff has or not, but as a commission we have not. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I know Brian's here. Brian, quick question. Maybe you can address it. Maybe you can state, you know, what formal communication we have had with the staff over at ACHD and what the response has been toward this -- this design aspect. McClure: Mr. Mayor, Commissioner Bernt, you have been part of -- most of those formal communications. We have exchanged many a-mails with other staff persons over there. Miranda has been most recently coordinating with them on the design, which is where this comes from, for Eagle Road from Amity to Lake Hazel. Her understanding of their direction was they are not interested in staff's opinion. Well, I shouldn't say it like that. They have been directed that they are going to do this and unless something else changes that this is what they have decided. To your earlier question regarding some of the other intersection treatments, they are looking into doing some -- they are actively working on some designs for signalized intersections and how they bring together turn lanes, bike lanes, sidewalks in different configurations, but they are not doing that work for these multi-use pathways. This is what they are doing. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Do we need to send another letter? Do we need to have a Zoom meeting? What would -- what would -- what would be your recommendation going forward with regard to this? Simison: Send the letter saying no more roundabouts and make everything straight the way it used to be? Page 23 Meridian City Council Work Session Item#1. July 6,2021 Page 21 —26 Bernt: That's not what my question was, Mr. Mayor. Simison: I think that would achieve a similar topic. Yeah. Because -- and I say this all honestly, at least where they are doing this now is where they are putting in their segment of roundabouts. So, from a treatment standpoint they are being consistent. That's the way I view this is that section along Eagle Road where you start having other turning movements where the vehicle is going to be in front of that turning movement, they are at least being consistent, which for drivers in that area I can actually support that concept. I don't support the larger concept, but I understand the reason why they are getting there from that element. But I'm here for the will of the Council on this one, because I feel like, you know, honestly, we can send a letter, we can have a joint meeting, I don't have a lot of positive hopes for the outcome for -- if the direction is we just want to go straight. McClure: Mr. Mayor? Simison: Yes. McClure: And if it helps at all, this configuration that they are doing now is the result of the city's desire to do multi-use pathways. A lot of this, as was indicated earlier, comes down to sort of definitions. If we want multi-use pathways, at least in these residential corridors, we can continue to see this -- this -- this intersection treatment at nonsignalized section -- cross-sections, regardless of whether it's a roundabout or a signal. This -- we will see this more on these residential corridors if we want to use the multi-use pathway. The alternative would be to do bike lanes. ACHD's isn't doing traditional bike lanes on these type of arterials anymore, they are doing raised or buffered bike lanes. I think their preference is raised. But for multi-use pathways this is what we will see. Simison: Brian, can we call them a template sidewalk without saying multi-use pathway to -- I mean it's really semantics at this point in time. I mean -- but in this part of our community people are going to ride on the sidewalk with their bikes. They are not going to get on Eagle Road with their kids. So, is it semantics? McClure: Mr. Mayor, from staff's perspective we have thrown every dart we can. Naming hasn't seemed to sway that. I have appreciated some of the dialogue on side streets or side -- side pathways today. You know, maybe a direct reference to AASHTO would help, but using a terminology just sidewalks doesn't seem to work, because it is also a bike lane at that point and they have some additional criteria they feel they have to meet when you have integrated the bike way into the sidewalk. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: A lot -- a lot has changed since March of 2020. Most particular their position on bike lanes and what you just referenced. That was not an element in consideration when we elected to go towards the multi-use pathway option. I don't think any of us ever Page 24 Meridian City Council Work Session Item#1. July 6,2021 Page 22—26 contemplated that option would sacrifice public safety by any means. But the fact that they now have support for a different manner of providing bike -- bike lane design, does that necessitate us revisiting our preference for the multi-use pathway? McClure: Mr. Mayor and Councilman Borton, it's really up to Council. That letter was Council's request for Council's preference. If you guys have a new preference given the conditions and the constraints they are placing on us, then, that's certainly entirely up to you guys. Borton: Mr. Mayor, the reason for the question is the options I recall considering was that bike lanes adjacent to the roadway, which would seem to have real safety challenges, so the detached sidewalk was the -- the lesser of two evils. But the more safe manner of providing the pedestrian and bike corridor now that we have a --we have a different option available to us. But I'm supportive of staff and what the Commission is presenting. It makes great sense and the reasoning behind it is sound and I'm fully supportive of sending a letter in support of what you are all requesting, because, again, you have got a good basis for making the request, but the analysis has changed somewhat with their rates pretty monumental pivot in their policy, so -- does that necessitate us giving it a second look? McClure: Mr. Mayor, Councilman Borton, their design currently -- I don't know that they are unwilling to change it, they have just not heard from us a compelling reason to do so at the levels those decisions are being made. So, I don't know that you have to give up requesting that, if you would prefer them to use multi-use pathways, but if you feel you have reached the end of that limit, then, certainly, yes, you could -- you could go for a safer approach if you are of the mind that you are okay with certain demographics riding in the street with a buffered or raised condition, instead of just attached. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Brian, just said something that was interesting, you know, and that was, you know, our compelling reason. The issue to me is we haven't heard a compelling reason why that is necessary. There is going to be conflicts no matter how you do it and maybe -- I was trying to wrap my brain around why would -- why would they do this and maybe it's because a bicyclist coming 20 miles an hour and you are going to make a right turn, you are not looking that far down and there is signs and all those issues that you bring up, Commissioner Lancaster, that if it's not detached there will be a crash and if it's detached there might be a crash. I -- but it would be nice to at least try to get an understanding of where they are coming from. I mean that's their business. You know, I think we ought to send a letter and with a note that -- let's kind of continue the dialogue and let's see if there is some understanding hear of each other's perspectives. It's just -- I'm thinking that it's just a situation we need to hear from them a little more than what we have heard and I think our approach is sound. We are -- we are about pedestrian safety and bicycle safety and it doesn't look safe and maybe they have some reasons for that, Page 25 Meridian City Council Work Session Item#1. July 6,2021 Page——26 that it is safe, but I haven't heard them. I'm not -- I haven't heard anything that would convince me, so -- Simison: Well, maybe what we could do -- it's kind of back to what was discussed is we could invite ACHD staff here to come explain the rationale. Is this -- is where, again, you know, from a practical standpoint of having a commission to council discussion on design -- I mean they are not the experts either from that standpoint. I think it would be good for us to at least hear before having an engaged conversation by having a staff member in a joint meeting trying to explain to us and, then, having everyone give their difference of opinions. I mean, honestly, I go either way on this, because, you know, I go up to -- just think about every time I leave my subdivision currently there is a T intersection, how often do I have a conflict with someone trying to cross. It's frequent, no matter where you put your car, whether you inch up to get out or you leave it back, there is always potential conflict with somebody. So, it's just a matter of what our community knows or expects at that point in time. So, my bigger concern is that is this a one off, you know, we are creating unicorns in our community that the other people if they visit won't be knowledgeable about it. But that's what I would maybe recommend if we want to next step is let's hear from ACHD staff before we take any direction towards the commission officially, if people will be -- if people want to hear more information. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I appreciate the information given to us by the Commission. I appreciate their insight. I would agree that we need to speak to ACHD and to resolve this issue. I remember one of the reasons why they were thinking about not providing that, you know, change in design was because they were so far along in the process. But I know for a fact that there are other places in the City of Meridian where -- where they are already using this design and wanting to use this pathway type connection that could have been avoided, you know, if maybe there was better communication between the bodies and maybe that's what we are lacking, but I thought I was pretty crystal clear when we spoke to the -- to ACHD last year and it's just not -- the pedestrian connection isn't safe. It flat out isn't safe. It's not tried and true in this valley and what -- what -- what Councilman Hoaglun mentioned is that we are not hearing compelling evidence of why from them and I grilled that guy -- I don't know -- I wish I could remember his name. But I asked him multiple questions and he did not give me a response and so I say we do this really quick before we get another response from ACHD saying they are too far along in the process that they can't change it. This needs to change now in -- in every inch of our city. It's just not safe. So, I don't know what we need to do, Mr. Mayor, to make this meeting, but in my opinion it needed -- like it needed to happen sooner than later. Borton: Mr. Mayor? Simison: Councilman Borton. Page 26 Meridian City Council Work Session Item#1. July 6,2021 Page——26 Borton: Very well might be some of the content of the letter that gets sent asking to -- to stop consideration of this change until a discussion happens. You articulated a lot of the reason why. The commission and our staff has articulated the reason why, so if that's the blunt ask and the follow up immediately with an invitation to staff or whatever data we might need to see if it justifies their position -- Bernt: We will even buy lunch. Borton: -- we are there. Whatever they want. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I tend to agree with the comments from -- from Council. I do not want to have the -- the opportunity pass and I kind of pinged on a comment from Council Member Strader about -- we got a new body and some of those commissioners may also not understand the why behind it and here is a -- I think two birds with one stone scenario. One they can learn, but, moreover, they can hear what cities are being told by their staff, so that everyone has a clear picture of how both staff are engaging with each other and how electeds are engaging with each other. So, yes, let's invite staff's presentation, but will go halfsies on -- on cheeseburgers if Council President Bernt goes halfsies on cheeseburgers and let's invite them for lunch. Let's also make sure that we can get it on our commissioners agenda or radar, so if they want to be able to sit and watch we can -- we can open this up and I think that there can be some good from it and, then, from that very well may come a subsequent follow-up letter with some specific asks that we talked to -- talked about as a body in that meeting. Bernt: Perfect. Cavener: And, then, Mr. Mayor, if I may? Simison: Councilman Cavener. Cavener: I just -- I didn't want the moment to pass. I know we all sit as ex-officios on various commissions and I'm sure you all think that yours are -- are good and well, but I'm here to tell you the Transportation Commission is the GOAT of commissions in Meridian right now. I have been able to sit as an ex-officio I think now for almost four years and a couple of years ago they said we want to start getting our hands dirty. We want to start doing. And we have seen a lot of the results of their good work and so at least with three of those commissioners here I want to say good job. Keep it up. You are keeping us busy. You are bringing forth good ideas that cause us to wrestle and noodle and we appreciate your service to the commission. Bernt: Amen. Page 27 Meridian City Council Work Session Item#1. July 6,2021 Page—of 26 Simison: Agreed. Well said. Mr. -- Chairman Steed, if you want to come forward, since you are raising your hand. Steed: Thank you, Mr. -- Mr. Mayor, Council Members. Remembering the memo, it said that staff to staff, your staff to their staff. Your staff was told by their staff it's above their pay grade. So, I'm not sure that you meeting with their staff is going to get you much more. Our request was that this elected body comment, meet with whatever you wish to do -- their elected body, because that's where their staff has kicked it and which is why we brought it up to you. Thank you. Simison: Just --just speaking for myself, if you can't get their staff to come, though, I just asked you all to think about the direction you get to take from the staff here at the city that you value and you trust and take that into consideration, depending on how hard charging you want to go, if you expect us to want to see real results from that standpoint. I do think that there are -- that this will -- this will take time and conversation. It's not going to be a letter and we are going to solve this, so -- and, honestly, I don't think they are going to stop designing things if they are designing things, no matter what our letter says. If it's on -- on projects. So, we will take whatever action you want. But we need to be informed before we just take action. Otherwise, we are just going to get there and they are going to say, well, we have talked our staff and they agree and it's their decision and so we need to at least understand what their staff is saying and why in order to have decent arguments to make, in my humble opinion. So, with that I will do whatever direction Council wants. Letter, joint meeting, et cetera, and we can follow up tomorrow if we want. But I think we should at least -- Bernt: Mr. Mayor? Simison: Yeah. Councilman Bernt. Bernt: Can we send them a letter asking them to cease design of these --of these projects until we sit down and speak with them and we can schedule a meeting to -- to get to the bottom of this and come to an agreement and in that letter if we could ask that, you know, the decision makers are involved in the decision -- you know, the conversation that would help out, too. Simison: Well, we can if we understand what our ask is. I would ask staff to at least provide that, if what they believe our ask would be doing to what projects when and for how long. So, that's -- it's just -- it's as we learn it's more complex. Bernt: Sure. And it's a process. I get it. Simison: Yeah. But I will look to Brian to provide that information of what he is aware of where else this is being designed and impacted and moving forward, so we have a better understanding about what our ask would entail. Page 28 Meridian City Council Work Session Item#1. July 6,2021 Page 26—26 McClure: Mr. Mayor, I know that this is currently a topic for Miranda on Eagle Road. The section that hasn't been built yet between Eagle and -- between Amity and Lake Hazel. I'm not aware of any other corridors currently under design for multi-use corridors. I could be wrong, but I'm not aware of any. But I can -- I can make sure Miranda follows up and understands any other potential opportunities where that may -- or issues where that may be coming up. Simison: Thank you. McClure: Mr. Mayor, just so I'm absolutely clear and potentially Miranda understands completely, but I'm not. So, you guys are looking for a letter with some staff suggestion, direction, as to how we could potentially move forward with next steps? Or are you looking for a letter that more specifically asks them to do or stop doing something or would you like to have someone above project team staff come speak to you about why they are doing what they are doing? Simison: Yeah. I was going to say the answer is yes, Brian. I would ask -- Council President and I will discuss appropriate next steps tomorrow morning to figure out the best approach and timing. McClure: Thank you. Simison: All right. With that do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Second the motion. Simison: Motion and second to adjourn to the meeting. All in favor signify by saying aye. Opposed nay. The ayes have it and we are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:44 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)/ 20 2021 / MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 29 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the June 22, 2021 City Council Work Session Page 4 Meridian City Council Work Session Item#1. June 22,2021 Page 23 of 23 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 7 / 6 / 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 27 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Approve Minutes of the June 22, 2021 City Council Regular Meeting Page 28 Meridian City Council Item#2. June 22,2021 Page 71 of 71 MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:03 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 7 / 6 2021 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 99 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Bainbridge Subdivision No. 12 Water Main Easement No. 2 Page 100 ADA COUNTY RECORDER Phil McGrane 2021-102387 BOISE IDAHO Pgs=6 CHE FOWLER 07/07/2021 10:12 AM ProkTt Nantc{Su(xdit`isinna CITY OF MERIDIAN, IDAHO NO FEE Bainbridge Subdivision No. 12 Water fltain Easement Number: 2 ldentil°y this Easement by sqnenntial antnekaer irl'roject contains mare than one Walcr Main casement. (See Instrueliaansa"aradditional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 6th day of MY , 20 21 between Brighton Development Inc. ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-tit-way across the premises and property hereinafter particularly bounded and described, and WHEREAS, the water maim is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE:, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an casement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) Tile easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantec, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD.AND AGREED, by and between the parties hereto, that alter making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein, THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and casement hereby granted shall become: part of, or lie within the boundaries of any Water Main Easement ''Version 01/01/2020 Item#3. public street, then, to such extent, such right-of-way and casement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. T14E GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ST TE OF DAHO ) } ss County of Ada ) This record was acknowledged before me on (date) by Jonathan D. Wardle (name of individual), [complete the fellawing f f'signing in a representative capacity, or strike the following f 'signing in an indh4dital capacity] on behalf of Brighton Development Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) DONNA WIL ON COMMISSION#67674 otary Signature NOTARY PUBLIC S STATE OF IDAHO My Commission Expires: Water Main Easement Vcrsion 01/01/2020 page 102 Item#3. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-6-2021 Attest by Chris Johnson, City Clerk 7-6-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 7-6-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Water Maul Easement Version 01/01/2020 page 103 Item#3. E N G I N E E R I N G June 17,2021 Bainbridge Subdivision No. 12 Project No.20-145 Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement situated in a portion of the Northeast 1/4 of the Northeast 1/4 of Section 27,Township 4 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, and being more particularly described as follows: Commencing at a found aluminum cap marking the North 1/4 corner of said Section 27,which bears N89"17'35"W a distance of 2,647.29 feet from a found aluminum cap marking the Northeast corner of said Section 27,thence following the northerly line of said Section 27, S89'17'35"E a distance of 1,455.78 feet; Thence leaving said northerly line,SOO°42'25"W a distance of 1,055.71 feet the POINT OF BEGINNING. Thence S89"15'45"E a distance of 3.51 feet to the westerly boundary line of Lost Rapids Subdivision (Book 119 of Plats, Pages 18,496-18,501); Thence following said westerly subdivision boundary line,SOO'42'24"W a distance of 2.29 feet; Thence leaving said westerly subdivision boundary line, N89°17'36"W a distance of 6.61 feet; Thence N54'08'43"E a distance of 3.85 feet the POINT OF BEGINNING. Said parcel contains 12 square feet, more or less, and is subject to any existing easements and/or rights- of-way of record or implied. All subdivisions, deeds, records of survey, and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is EXHIBIT B and by this reference is hereby made a part hereof. \opt LANp6' 44, \,\G E N SEA Gam` � �'`'r 4 i` 1,6662 sl �q OF 5725 North Ui;cuvery Way • BeEte, €daho 83713 • 203.639.6939 • kniengllp.cam Page 104 �feRl#3. CAD\5URVEY\EXHIBIT5\20-145 CITY OF MERIDIAN WATER EASENI ENT AOTL.OWG,BILL HYNSON,611712021,QLVG TO PDF.PC3,08.5X11 L IPOFI z -7ULl N O N 0 z N 1 41 J z O O Zb n z (] M in CO W � � Q W Z z n Z z Oo �! � N CO M z v m cn > - 0 v Ln C JI Cn C n fTl S00'42'25"W .I -o 1055.71'(TIE) cofD —. N M O w o Lnc z c CJ1 � N G7 Q Ln � o C I I N rT1 I N I O O 0 0 0 n r* n r-+ 0 T. rj I Uj I-s F� I3 I o I In I - f I � � m n I m I L ® O I CL I <' I o; o 00 c„ I 0 I � Z I � 0 0 00 m n r z m —ni o z PRQFF O O 0 o Iz D z z rs 1S `f r t i y M r r m �c Cy) rl C7 m m O CV) z _ o NNJ N � o� o .I C7 v N W IQ M Q a Q� � Q1 W m Ln a r Exhibit B a o y � Ymr'I y r, xz°0- �� City of Meridian Water Easement =o=z t =rim TI Situated in a portion of the NE 1/4 of the NE 1/4 of Sec. 27, { z T.4N., R.1W., B.M., City of Meridian, Ada County, Idaho a r.� Page 105 Item#3. 3.51 s89°15'45"e n c, O� o ry 0 n n89°!7'36"w 6.61 Title: Date:06-17-2021 Scale: I inch =2 feet File: Tract 1: 0.000 Acres: 12 5q Feet:Closure=s78.1109e 0.01 Feet: Precision=1/2097: Perimeter= 16 Feet 001=s89.1545e 3.51 003=n89.1736w 6.61 002=s00.4224w 2.29 004=n54.0843e 3.85 Page 106 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Idaho Central Credit Union -Ten Mile Branch Water Main Easement No. 1 Page 107 ADA COUNTY RECORDER Phil McGrane 2021-102388 BOISE IDAHO Pgs=5 CHE FOWLER 07/07/2021 10:13 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): Idaho Central Credit Union-Ten Mile Branch water Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 6th day of MY , 20 21 between Idaho Central Credit Union ("Grantor"),and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all tunes. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD .AND AGREED, by and between the parties hereto, that after making repairs or performing :other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shill become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 I Item#4. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become mill and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Idaho Central Credit Union By: ent Oram, Chief Executive Officer STATE OF IDAHO ) ) ss County of Ala ) Danvl®or. This record was acknowledged before me on td4it �L2j(date) by Kent Oram (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Idaho Central Credit Union (name of entity on behalf of whom record was executed), in the following representative capacity: Chief Executive Officer (type of authority such as officer or trustee) FAn,ge%911M?)Pajme,tary pubkate of Idaho otary gnature ssior Nog 14276 My Commission Expires: 0 0 Water Main Easement Version 01/01/2020 Page cos Item#4. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-6-2021 Attest by Chris Johnson, City Clerk 7-6-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 7-6-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Water Main Easement Version O1/01/2020 Page��o Item#4. EXHIBIT A Legal Description Gil of Meridian Water Easement ICCU _ Ten Mile and Franklin parcel An easement covering a portion of Lot 0, Block 2 of TM Creek Subdivision No, 2 as shown in Book 112 of Plats on Pages 16402 thru 1407, records of Ada County, Idaho, located in the NW 4 of the NW%of Section 14, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows; Commencing at a Brass Gap monument marking the northwest corner of said NW%of the NW %, from which an Aluminum Cap monument marking the southwest corner of the NW'Y4 of.said Section 14 bears S 0"33'33"W a distance of 2658.39 feet; Thence S 0°33'33" W along the westerly boundary of said NW /4 of the NW % a distance of 302.01 feet to a point; Thence leaving: said westerly boundary S 89°26'50" E a distance of 48.00 feet to a 5/8 inch diameter rebar marking the southwest corner of said Lot 9; Thence continuing S 89"°26'50" E along the southerly boundary of said Lot 9 a distance of 148.39 feet to a point; Thence leaving said boundary N 0000'00" E a distance of 25.60 feet to a paint on the northerly boundary of an existing Ingress/Egress,. Public Utilities and Emergency Access Easement per Instrument No. 201 -104241, records of Ada County, Idaho, the POINT QE BEGINNING; Thence leaving said existing easement boundary and continuing N 0000'00" E a distance of 94.24 feet to a point; Thence S 90000'00 E a distance of 10.00 feet to a point; Thence S 0000'00" W a distance of 84.19 feet to a point Thence S_90"00'00" E a distance of 6.91 feet to a point; Thence S`Q°00'00"W a distance of 10,22 feet to a point on the northerly boundary of said existing easement per Instrument No. 2015-104241 Thence N 8902650" W along said existing easement boundary a distance of 16.91 feet to the POINT OF BEGINNING. LgNo This easement contains 1,013 square feet (0.023 acres) and is gr s� subject to any other easements existing or in use. Clinton W, Hansen, PLS Land Solutions, PC , May 27, 2021. 0 V haw w �. . -�io i ii Water Easement (,,,�,,,._---`'Land surveying and Consulting ��`+�iU�r$I1.IT b �.Franklin9 .5 Job No.19-1Q5 Page 1 of 1 Page 111 Item#4. EXHIBIT B CITE' OF MERIDIAN WATER EASEMENT ICCU TEN MILE AND FRANKLIN PARCEL LOCATED IN THE NVV 1/4 OF THE NW 1/4 OF SECTION 14, T.3N., R.1W., B,M. CITY OF MERIDIAN, ADA COUNTY, IC AHt 10 11 W. FRANKLIN ROAD p 11 s9'a9 15 14 2657.99` / 14� LIJ I ( S90'00 00 E 10.00 I cv j TM CREEK SlJ8WASION NO. 2UD LOT 9 OLOCK 2 Of.1 S9000'00"E INGRESS/EGRESS, POBLIC UTILITIES; 6:91 S0'00'00"W AND EMERGENCY ACCESS POINT OF L: 10.22' EASEMENT, INST. NO. 2014-10Q41 BEGINNING !" 89'26'S0"W G7 p. 48`00` 1448.39" ( $89"26'50"E r sw CORNER LOT W. PEAK CLOUD LN. (PRIVATE) ON�'�t�f hlps,L_ 01 15' 30' 60' sr , 111' 18 °w W.' La'rn ofutlo.ns ,�'., 15 14 Land Surveying and Consulting 1/4 m E.5TH ST.,sTE.A MERIDIAN,ID 83642 (208)288.2040 (208)286-2557 fax www3andsolutians,biz ,A78 N0.I9- I I - �Pag, 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Impressive East Ridge Subdivision No. 2 Sanitary Sewer Easement No. 1 Page 113 ADA COUNTY RECORDER Phil McGrane 2021-102390 BOISE IDAHO Pgs=5 CHE FOWLER 07/07/2021 10:13 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): Impressive East Ridge Subdivision No.2 Sanitary Sewer Easement Number: I Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). SANITARY SEWER EASEMENT THIS Easement Agreement, made this 6th day of July , 2021, between C4 Land LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. REV. 01/01/2020 Sanitary Sewer Easement Item#5. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: C4 Land LLC Jim Conger, IV be STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on S-t 3.7o4 (date) by s_ yyl. hv,A 4,1- (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of C 4 LoLv-,L LL,C-, (name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) (stamp) _ .,0 1�11J 1 g1P ..••.. Tyr" Notary Signature •. .• lyOTf1R}-, My Commission Expires: l • Pjj C, t • •�••s� Nd.'L.••��.•``. Sanitary Sewer Easement REV. 01/01/2020 Page 115 .l, Item#5. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-6-2021 Attest by Chris Johnson, City Clerk 7-6-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 7-6-2 0 21 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer Easement REV. 01/01/2020 Page 116 Item#5. r, Sawtooth Land Surveying, LLC 5AII E0-0r/ F: (208) 398-8 1 04 F: (208) 398-81 05 2030 5. Wa5hincgton Ave., Emmett, ID 83G 17 May 12, 2021 Offsite Sanitary Sewer Easement Description BASIS OF BEARINGS for this description is N. 89059'28"W. between the 5/8" rebar illegible cap marking the E1/16 corner common to Sections 32 and 5, and the brass cap marking the S1/4 corner of Section 32, both in T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho. A parcel of land located in the SW1/4 of the SE1/4 of Section 32, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the S1/4 corner of said Section 32; Thence N. 0108'57" E., coincident with the west line of said SW1/4 of the SE1/4 of Section 32, a distance of 529.62 feet; Thence leaving said line, S. 89159'28" E., 113.90 feet to the POINT OF BEGINNING; Thence N. 0000'32" E., 233.07 feet; Thence N. 4500032" E., 34.42 feet; Thence S. 89059'28" E., 175.84 feet; Thence N. 0100'32" E., 111.00 feet; Thence S. 89059'28" E., 20.00 feet; Thence S. 0000'32"W., 131.00 feet; Thence N. 89059'28" W., 187.56 feet; Thence S. 45000'32"W., 15.85 feet; Thence S. 0100'32" W., 204.79 feet; Thence S. 89059'28" E., 126.37 feet; Thence S. 0°00'32"W., 20.00 feet; E Co ar Thence N. 89159'28"W., 146.37 feet to the POINT OF BEGINNING. 74 c l The above described parcel contains 0.313 acres more or less.OF` � 0 ✓F��BEAG►- P:\2019\19116-IMPRESSIVE EASTRIGE 2\Survey\Drawings\Descriptions\19116 SANITARY SEWER EASEMENT.docx Page 117 Item#5. TC51116 CORNER SECTION 32 i i v m i L2� Lu 3 S 89159'28"E 175.84 Ln +A159'28"W 18Z 6' o' LINE TABLE LINE "ING ISrANCE L! N 45°OW 32"E 32.42' w� L2 S 89°5978"E 20.06, i i� Lf 0p 3 W = 126.37' S 89°5926"E s89"59'28"E -------- 1;1 - N 89°5976"W POB 146.37' I 74 13A ✓OFF BEAG I� S114 CORNER�- _ ..E.LAKE HAZEL ROAD T.3 N. -ppp7�plS.p137Y5 32 33 SECTION 32 N 89"5928"W 1329.49' T.2 N. E1116 CORNER N 90°00'00""E 1329.66' � E 1I1o6637s BASIS OF BEARINGS SECTION 3215 4 ILLEGIBLE fL ILLEGIBLE NTS PROJECT: OWNERIDEVELOPER: DWG# ID 8 EMMETT, D 36 IMPRESSIVE EAST RIDGE 2030 S. WASHI 361 7ON 19116-EX PHASE 2 OFFSITE CMG A.&", P: (208)398-8104 PROJECT# SANITARY SEWER EASEMENT �D�rf F: (208)398-8105 19116 B.M., CITY OF MERIDIAN, AI SHEET ADA COUNTY, IDAHO DATE: 512020 Land 5urveyinq LLG WWW.SAWTOOTHLS.COM 1 F 1 Page 118 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Impressive East Ridge Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 1 Page 119 ADA COUNTY RECORDER Phil McGrane 2021-102391 BOISE IDAHO Pgs=6 CHE FOWLER 07/07/2021 10:13 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): Impressive East Ridge Subdivision No.2 ianitarr-Sewer&Water Main Easement Number:No. 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 6th day of July 2021 between G20 LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of.-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 Proiect Name(Subdivision): Impressive East Ridge Subdivision No.2 ianitary-Sewer&Water Main Easement Number:No. I SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 6thday of July 2021 between G20 LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: A mil Jim Conger,Auth ' ed Agent STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 5-l 3-zo,?j (date) by v� Co (name of individual), [complete the following if signing in a representative cap city, or strike the following if signing in an individual capacity] on behalf of C,Ln ta...C— (name of entity on behalf of whom record was executed), in the following representative capacity: (,uA VWY%Zj-A- tUL*A- (type of authority such as offj� 9r tOtf.rustee) SSII�• N1✓ 014, ,Fps, (stamp pTAR Y % • G • • Notary Signature IJBLX •'ti�'q,, `•.�0-*My Commission Expires: Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#6. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-6-2021 Attest by Chris Johnson, City Clerk 7-6-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 7-6-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Page 122 Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#6. Sawtooth Land Surveying, LLC I'll tfa` C.?1/r f P: (208) 398-8104 P: (208) 398-8105 2030 5. Wa5hm6jton Ave., Emmett, ID 83G 17 May 4, 2021 Sanitary Sewer and Water Easement Description BASIS OF BEARINGS for this description is N. 8905928"W. between the 5/8" rebar illegible cap marking the E1/16 corner common to Sections 32 and 5, and the brass cap marking the S1/4 corner of Section 32, both in T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho. A parcel of land located in the SW1/4 of the SE1/4 of Section 32, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the S1/4 corner of said Section 32; Thence N. 0008'57" E., coincident with the west line of said SW1/4 of the SE1/4 of Section 32, a distance of 529.62 feet; Thence leaving said line, S. 89159'28" E., 240.27 feet to the POINT OF BEGINNING; Thence N. 0100'32"E., 30.00 feet; Thence S. 89159'28"E., 425.62 feet and the beginning of a tangent curve; Thence 82.33 feet along the arc of a curve to the right, with a central angle of 40118'57", a radius of 117.00 feet, subtended by a chord bearing S. 69049'59" E., 80.64 feet; Thence S. 4914031"E., 50.15 feet; Thence N. 40019'29" E., 15.12 feet and the beginning of a tangent curve; Thence 61.22 feet along the arc of curve to the left, with a central angle of 40118'57", a radius of 87.00 feet, subtended by a chord bearing N. 20010'01" E., 59.96 feet; Thence N. 0000'32" E., 19.42 feet; Thence S. 89059'28" E., 30.00 feet; Thence S. 0100'32"W., 19.42 feet and the beginning of a tangent curve; Thence 82.33 feet along the arc of a curve to the right, with a central angle of 40018'57", a radius of 117.00 feet, subtended by a chord bearing S. 20010'01"W., 80.64 feet; Thence S. 40119'29"W., 72.60 feet; Thence N. 4904031"W., 30.00 feet; Thence N. 40119'29" E., 27.48 feet; P:\2019\19116-IMPRESSIVE EASTRIGE 2\Survey\Drawings\Descriptions\19116 SANITARY SEWER AND WATER EASEMENT.docx Page 123 Item#6. Thence N. 4904031"W., 50.15 feet and the beginning of a tangent curve; Thence 61.22 feet along the arc of a curve to the left, with a central angle of 40018'57", a radius of 87.00 feet, subtended by a chord bearing N. 69049'59"W., 59.96 feet; Thence N. 8915928"W., 287.99 feet; Thence S. 0000'32"W., 314.62 feet; Thence S. 89059'28" E., 116.94 feet and the beginning of a tangent curve; Thence 71.97 feet along the arc of a curve to the left, with a central angle of 49041'03", a radius of 83.00 feet, subtended by a chord bearing N. 65010'01"E., 69.74 feet; Thence S. 4904031" E., 30.00 feet and the beginning of a non-tangent curve; Thence 97.99 feet along the arc of a curve to the right, with a central angle of 49°41'03", a radius of 113.00 feet, subtended by a chord bearing S. 65010'01"W., 94.95 feet; Thence N. 8915928"W., 345.44 feet; Thence N. 0000'32" E., 30.00 feet; Thence S. 89059'28" E., 198.50 feet; Thence N. 000032" E., 314.62 feet; Thence N. 89159'28"W., 107.63 feet to the POINT OF BEGINNING. The above described parcel contains 1.003 acres more or less. t�5 B 11574 A O ID ✓F'�F BEAG�� P:\2019\19116-IMPRESSIVE EASTRIGE 2\Survey\Drawings\Descriptions\19116 SANITARY SEWER AND WATER EASEMENT.docx 12 Page 124 Item#6. C51116 CORNER SECTION 92 L CL- o � � 15 74 SEAG� CURVE TABLE CUR ARCWNGIH IDELTA AN LE RADIUS CHORDSEANNG CHOW LMGIH Cl 81.33' 40°652" 117.00� S69°4959"E 80.6q'�W � Q'—61.2Z 40°1 57 B 7�0 NZO°I i'E 59,96 C3 82.33' 407J 5 117W'SZO°70'Ol'W .64' Ol 61.22 g0°t S 87.00' N 69°4959 W 59. 6' CS 7J.92' 494 B3.00' N 6S°10'01"E 69.4' C6 .99 79M1 TiNoT S65315,51"w 94.95- LINE TABLE NE BEARING DISTANCE LtN 00,0057E 0.00 q 031 S.5 L3 N 40°7 19"E 15.12' L4 N 00°00 "E 9.42 LS 5 9°59'8 Ejawl- 19.42, `� l7 L9 N 9°9 "E 2. ' 49°g0 1" 50.5 G LU 49 0'1"E 30.0 C12 N ° E x L5 J S 89°5928"E 425.62'----------�--`I 589°5928"E 240.27' --------_---- 1.003AC. At N 89°59'28"W ( N 89°59'28"W 287.99' Cq 41 .� POB 107,63' ' L9 Q �P Lu 3 M� ,M 116.94' S 89°5928"E 198 50' S 89 59'28"E N 8915928"W 345.44' !O Ia 51/4 CORNER E.LAKE FIAZEL RpAD T.3 N. CPF 201"11745 32{33 SECTION 32 N 89°59'28"W I329,49' T.2 N. E1/16 CORNER N 90°0000"E 1329.66' 5-I 4 ILL& 375 BASIS OF BEARINGS SECTION 3215 ILLEGIBCE BLE ILLEGIBLE NTS PROJECT.• OWNER/DEVELOPER: 2030 ON DWG# S. WASHINGT IMPRESSIVE EAST RIDGE EMMETTID ON AVE.A 19116-IX PHASE 2 _. SANITARY SEWER CMG „ P: (208)398-8104 PROJECT# F:AND WATER EASEMENT I,f/ (208)398-8105 19116 B.M., CITY OF MERIDIAN, - — ��vv�a�r� SHEET ADA COUNTY, IDAHO DATE' 512020 LonsSunieyi LLG WWW.SAWTOOTHLS.COM 10 Page 125 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Impressive East Ridge Subdivision No. 2 Water Main Easement No. 1 Page 126 ADA COUNTY RECORDER Phil McGrane 2021-102389 BOISE IDAHO Pgs=5 CHE FOWLER 07/07/2021 10:13 AM Project Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE Impressive East Ridge Subdivision No. 2 Water Main Easement Number: No. 1 Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 6th day of July , 2021 between G20LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Item#7. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: G20 LLC ,A A/� Jim Conger,Auth ri ed Agent STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on S-13-?n21 (date) by ►tit f-✓ (name of individual), [complete the following if signing in a representative capacity, br strike the following if signing in an individual capacity] on behalf of '& w Lte. (name of entity on behalf of whom record was executed), in the following representative capacity: 6.-6,;� p a�llvuk (type of authority such as officer or trustee) (stamp) .•••.��....,,�� 1414E ' �P•00 ........•• , Notary Signature SJ,•,,,•. 4 s I.IOTARy My Commission Expires: ?� g,PUg LLI�jC, Water Main Easement Version 01/01/2020 Page 128 Item#7. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-6-2021 Attest by Chris Johnson, City Clerk 7-6-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 7-6-2 0 21 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Page 129 Water Main Easement Version 01/01/202 Item#7. 5awtooth Land 5urveying, LLC P: (208) 398-8104 F: (208) 398-8105 2030 5. Wa5hington Ave., Emmett, ID 83G 17 May 4, 2021 Water Easement Description BASIS OF BEARINGS for this description is N. 8905928"W. between the 5/8" rebar illegible cap marking the E1/16 corner common to Sections 32 and 5, and the brass cap marking the S1/4 corner of Section 32, both in T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho. A parcel of land located in the SW1/4 of the SE1/4 of Section 32, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a brass cap marking the S1/4 corner of said Section 32; Thence N. 0008'57" E., coincident with the west line of said SWi/4 of the SE1/4 of Section 32, a distance of 237.83 feet; Thence leaving said line, S. 89059'28" E., 566.47 feet to the POINT OF BEGINNING; Thence N. 40019'29" E., 280.46 feet; Thence S. 49140'31" E., 20.00 feet; Thence S. 40019'29"W., 280.46 feet; Thence N. 4914031"W., 20.00 feet to the POINT OF BEGINNING. The above described parcel contains 0.129 acres more or less. LA D CEN G 11574 �grforp*� ✓£FF BEA�L P:\2019\19116-IMPRESSIVE EASTRIGE 2\Survey\Drawings\Descriptions\19116 WATER EASEMENT.docx Item#7. ()CS1116CORNER SEMON 32 ICE t- �G CL 11574 Ac OF ✓FFF BEAG W LINE TABLE LINE BFA11rNG-DISTANCE Z LI 0'33 E- 0.�' L2 Nq9 q 3t W �.Od'-- Poe S89°5978'E SM-17 i ice i� S114 CORNER(�ly--_-_ _ E.LAKE HAZEL ROAD _ T.3 N. CPF 2015-013745 32 133 SECION 32 1I1066375 N 89'59'28"W 1329.49' 7-.2 N. El/16 CORNER N 90'MVO"E 1329.65' _5 4 I .._. LL EG18LE BASIS OF BEARINGS SECTION 3215 ll ILLEGIBLE NTS _.. -- - - PROJECT.• OWNERIDEVELOPER: 2030 ON DWG# S. WASHINGT IMPRESSIVE EAST RIDGE EMMETT ID ON AVE.A 19116-EX PHASE 2 WATER EASEMENT CMG �� P. (208)398-8104 PROJECT# B.M., CITY OF MERIDIAN, F. (208)398-8105 Awraor�/ 19116 ADA COUNTY, IDAHO DATE: LandSu/I/ i LLG SHEET 512020 eY�/ WWW.SAWTOOTHLS.COM 10 Page 131 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Lost Rapids Subdivision Water Main Easement No. 2 Page 132 ADA COUNTY RECORDER Phil McGrane 2021-102393 BOISE IDAHO Pgs=6 CHE FOWLER 07/07/2021 10:14 AM CITY OF MERIDIAN, IDAHO NO FEE Proied Name(Subdivision): Lost Rapids Subdivision water INIain Easement Number: 2 Identift,this Easement by sequential number if Prqject contains snore than one Water Main easement, (See histnictions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 23rd day of June, 2021 between Costco Wholesale Corporation. a Washington corporation("Grantor"),and the City of Meridian.an Idaho Municipal Corporation ("Grantee"), WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto.,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 ----- -------------------------- --- - ---- Item#8. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers,or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: COSTCO WHOLESALE CORPORATION (�Q kil-E.Tsuboi,AVP/Assistant Secretary STATE OF WASHINGTON ) )SS.: County of King ) I certify that I know or have satisfactory evidence that Gail E. Tsuboi is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the AVP / Assistant Secretary of COSTCO WHOLESALE CORPORATION,to be its free and voluntary act for the uses and purposes mentioned in the instrument. �� II�� Dated is �cJday of `�i ,2021. s __�.�ftppa�,� /��/�� (Signature of Notary) i U+ pT4'r ,4A"�4� % LaM.-rI 9390 i Nam►1'% �&8%.%c s 2 (Legibly Print or Stamp Name of Notary) 10"/0l1 OF �X�� Notary public in and for&Vh+V1--, tate of Washington, WA t1iljllt%`s\\�� residing at: VAQ (Stamp) 4 U My appointment expires: Water Main Easement Version 01/01/2020 Page 134 Item#8. GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 7-6-2021 Attest by Chris Johnson,City Clerk 7-6-2021 STATE OF IDAHO, ) ) SS.: County of Ada ) This record was acknowledged before me on 7-6-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Water Main Easement Version 01/01/2020 Page 135 Item#8. E N G I N E E R I N G June 17,2021 Lost Rapids Town homes Project No. 17-192 Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement over a portion of Lot 3, Block 1 of Lost Rapids Subdivision (Book 119 of Plats, Pages 18,496-18,501) situated in the Northeast 1/4 of the Northeast 1/4 of Section 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, and being more particularly described as follows: Commencing at a found aluminum cap marking the North 1/4 corner of said Section 27, which bears N89°17'35"W a distance of 2,647.29 feet from a found aluminum cap marking the Northeast corner of said Section 27,thence following the northerly line of said Section 27,S89'17'35"E a distance of 1,536.88 feet; Thence leaving said northerly line, S00°42'25"W a distance of 1,055.75 feet to the POINT OF BEGINNING. Thence S65°08'20"E a distance of 22.74 feet to the southerly line of said Lot 3, Block 1; Thence following said southerly line, N89°15'45"W a distance of 98.34 feet to the Southwest corner of said Lot 3, Block 1; Thence leaving said southerly line and following the westerly subdivision boundary line of said Lost Rapids Subdivision, N00°42'24"E a distance of 9.29 feet; Thence leaving said westerly subdivision boundary line, S89°15'45"E a distance of 77.59 feet to the POINT OF BEGINNING. Said parcel contains 817 square feet, more or less, and is subject to any existing easements and/or rights-of-way of record or implied. All subdivisions, deeds, records of survey, and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is EXHIBIT B and by this reference is hereby made a part hereof. LAA(D E N SEA GAL .c 662 '�qTf OF \OPT F<< Y l 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com Page 136 C:\USERS\BHYNSON\KM ENGINEERING\KM GENERAL-REMOTE WORK\PROJECT\17-192\GAD\SURVEY\EXHIBITS\17-192 CITY OF MERIDIAN WATER EASEMENT.DWG,BILL HVNSON,4/17/2021,DWG TO PC Item#8. N � Z o N fV .� 4h. V O O O ;vn � z O a mrD Q / � ►v Nz m CD M m z W I °o I CO N -0 _ o / O � -Zi Ul_ M Ln ET co vl iZ v O O� z `) z v ton Ln z ;lr w vI 00 / c c 00 rn I D co N _Q .Wp L4 En n o _ soo•42'25"w o I I r 1055.75' (TIE) CarD M 10) G) �vT I m P cn p iv 0 ca.D ® o � nlw I I I P- o w o oD W N C z m In O O m n �I O D O wn rc PRO Ic- z M n z cn m Cp11LO p m z Drn z z m z Z r m m z I N F� 9y0 �Q`' c�i w so0 Z = - ~ Exhibit B - City of Meridian Water Easement X w z m - Lost Rapids Townhomes �tio= z O -� m o �m0m '1l A Situated in a portion of the NE 1/4 of the NE 1/4 of Sec. 27, Z v n T.4N., R.1W., B.M., City of Meridian, Ada County, Idaho V/ Page 137 Item#8. 77.59 s89°15'45"e ?2 71 n89°l5'45"w s6S,08, 98.34 Title: Date: 06-17-2021 Scale: 1 inch=25 feet File: Tract 1: 0.019 Acres: 817 Sq Feet:Closure=n 14.3101 a 0.00 Feet: Precision=1/50628: Perimeter=208 Feet 00 1=s65.0820e 22.74 003=n00.4224e 9.29 002=n89.1545w 98.34 004=s89.1545e 77.59 Page 138 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Millbrae Subdivision Pedestrian Pathway Easement No. 1 Page 139 ADA COUNTY RECORDER Phil McGrane 2021-102394 BOISE IDAHO Pgs=7 CHE FOWLER 07/07/2021 10:14 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): ILLBRAE SUBDIVISION/PATHWAY EASEMENT NO 1 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 6th day of MY , 20 21, between CHALLENGER DEVEOPMENT INCH hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as"Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway;and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein;and NOW,THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures,trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV.01/01/2020 Item#9. then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: (��--,\ -Q STATE OF IDAHO } ss County of Ada ) n This record was acknowledged before me (date) by (� (name of individual), [complete the following if signing in a representative ca acity, or strike the fallowing if signing in an individual capacity] on behalf of netrelwue �c,i- . (name of etAity on behalf of whom record was executed), in the fol�g represen ative capacity: re&IGte4 (type of authority such as officer or trustee) (sta�Nll/ `\��1 pplft KOL FS�ii��i �`� .• 'iPAYP4...` ;�+ Notary Signature My Commission Expires:W COMMISSION EXPIRES 6-&2022 OF O iIMN ��\�� Pedestrian Pathway Easement REV. 01/01/2020 Page 141 Item#9. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-6-2021 Attest by Chris Johnson, City Clerk 7-6-2021 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 7-6-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Pedestrian Pathway Easement REV. 01/01/2020 Page 142 Item#9. EXHIBIT _ DESCRIPTION FOR CITY OF MERIDIAN PATHWAY EASEMENT MILLBRAE SUBDIVISION A portion of the SE 1/4 of the SE 1/4 of Section 4, T.3N., RAW., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: EASEMENT Al: Commencing at the SE corner of said Section 4 from which the S1/4 corner of said Section 4 bears North 89'17'17" West, 2,650.06 feet; thence along the South boundary line of said Section 4 North 89°17'17" West, 62.00 feet; thence leaving said South boundary line North 00037'45" East, 78.17 feet to a point on the North right-of-way line of W. Cherry Lane, said point also being the REAL POINT OF BEGINNING; thence continuing North 00037'45" East, 411.95 feet; thence South 44024'17" East, 19.79 feet to a point on the West right-of-way line of N. Black Cat Rd; thence along said West right-of-way line South 00037'45"West, 385.05 feet to a point on the North right-of-way line of W. Cherry Lane; thence along said North right-of-way line and 19.12 feet along the arc of a non-tangent curve to the right, said curve having a radius of 66.00 feet, a central angle of 16"35'46" and a long chord which bears South 47055'38"West, 19.05 feet to the REAL POINT OF BEGINNING. EASEMENT A2: Commencing at the SE corner of said Section 4 from which the S1/4 corner of said Section 4 bears North 89*17'17" West, 2,650.06 feet; thence along the South boundary line of said Section 4 North 89017'17" West, 656.83 feet; thence leaving said South boundary line North 00037'45" East, 48.00 feet to a point on the North right-of-way line of W. Cherry Lane, said point also being the REAL POINT OF BEGINNING; thence continuing North 00037'45" East, 14.00 feet; Page 1 of 2 Page 143 Item#9. EXHIBIT A DESCRIPTION FOR CITY OF MERIDIAN PATHWAY EASEMENT MILLBRAE SUBDIVISION A portion of the SE 1/4 of the SE 1/4 of Section 4, T.3N., R.1W., B.M., City of Meridian, Ada County, Idaho more particularly described as follows: EASEMENT Al: Commencing at the SE corner of said Section 4 from which the S1/4 corner of said Section 4 bears North 89°17'17"West, 2,650.06 feet; thence along the South boundary line of said Section 4 North 89°17'17" West, 62.00 feet; thence leaving said South boundary line North 00037'45" East, 78.17 feet to a point on the North right-of-way line of W. Cherry Lane, said point also being the REAL POINT OF BEGINNING; thence continuing North 00°37'45" East, 411.95 feet; thence South 44024'17" East, 19.79 feet to a point on the West right-of-way line of N. Black Cat Rd; thence along said West right-of-way line South 00037'45" West, 385.05 feet to a point on the North right-of-way line of W. Cherry Lane; thence along said North right-of-way line and 19.12 feet along the arc of a non-tangent curve to the right, said curve having a radius of 66.00 feet, a central angle of 16"35'46" and a long chord which bears South 47055'38" West, 19.05 feet to the REAL POINT OF BEGINNING. EASEMENT A2: Commencing at the SE corner of said Section 4 from which the S1/4 corner of said Section 4 bears North 89017'17" West, 2,650.06 feet; thence along the South boundary line of said Section 4 North 89'17'17" West, 656.83 feet; thence leaving said South boundary line North 00037'45" East, 48.00 feet to a point on the North right-of-way line of W. Cherry Lane, said point also being the REAL POINT OF BEGINNING; thence continuing North 00037'45" East, 14.00 feet; Page 1 of 2 Page144 Item#9. thence South 89°17'17" East, 546.34 feet to a point on the North right-of-way line of W. Cherry Lane; thence along said North right-of-way line for the following 2 courses and distances: thence 129.33 feet along the arc of a non-tangent curve to the right, said curve having a radius of 595.00 feet, a central angle of 12'27'13" and a long chord which bears South 84°29'07" West, 129.07 feet; thence North 89017'17" West, 418.01 feet to the REAL POINT OF BEGINNING. EASEMENT A3: Commencing at the SE corner of said Section 4 from which the S114 corner of said Section 4 bears North 89'17'17" West, 2,650.06 feet-, thence along the East boundary line of said Section 4 North 00037'45" East, 653.28 feet; thence leaving said East boundary line North 89°26'20" West, 48.00 feet to a point on the West right-of-way line of N. Black Cat Rd., point also being the REAL POINT OF BEGINNING; thence along said West right-of-way line South 00037'45" West, 90.00 feet; thence leaving said West right-of-way line South 45035'43" West, 19.81 feet; thence North 00037'45" East, 104.00 feet; thence South 89°26'20" East, 14.00 feet to the REAL POINT OF BEGINNING. Sao a 7 9 � r�j21 0 q OF �Y G.G Page 2 of 2 Page 145 ttem#9. EXHIBIT B CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRIG. DELTA C1 66,00 19.12 19.05 S47'55'38"W 16'35'46" N89'26'20"W 48.00' C2 595.00 129.33 129.07 S84'29'07"W 12*27'13" S89'26'20"E 14.00' UNPLATTED I BLOCK 1 15 RPOS A3 Niq GAG d `�/° NO'37'45"E SO'37I45"W 104.00 I 90.00' 702 0 � 14.0' cp h/7 �o I rF of \° S45-6� caJQY G.CP 19-81 Q' W. WHITE BIRCH I ' '43"W 19.81 5T. I S44'24'17"E 19.79' 10 40 160 0 20 80 320 I 21 SCALE: 1 " = 80' /I I 14.0' rn o —I LO I00 r � in To Lo lq- I r7 C I rn I �1 z Dffffff z I I Ip � I BLOCK 2 I iz O NO'37'45"E RPOB Al 21 14.00 RPOB A2 _ S89'17'17"E 546,34' _ D I NO'37'45"E N89'17'17"W 418,01' C p 48.00 N 0'37'45"E 1/4 S.4 78.17' 1993.23' 594.83' S.9 _ N89'17'17"W 2650.06' - - S.9 S.10 BASIS OF BEARING W. CHERRY LANE EXHIBIT ,�_ DRAWING FOR JOB N0. IDAHO CITY OF MERIDIAN PATHWAY EASEMENT 19-095 9955W EMERALD SL SURVEY r 20s 84&g;os"°' MILLBRAE SUBDIVISION Page 146 GROUP, L LC LOCATED IN THE SE 1/4 OF THE SE 1/4 CF SECTION 4, 13N., R.1W., BOISE MERIDIAN, CITY OF MERIDIAN. ADA COUNTY, IDAHO 6/0/2021 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Aegean Estates No. 3 (FP-2021-0031) by Engineering Solutions, LLP, Located at 4306 N. McDermott Rd. Page 147 Item#10. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JUNE 22, 2021 ORDER APPROVAL DATE: JULY 6, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 57 BUILDING ) CASE NO. FP-2021-0031 LOTS AND 4 COMMON LOTS ON ) 15.32 ACRES OF LAND IN THE R-4 ) ORDER OF CONDITIONAL AND R-8 ZONING DISTRICTS FOR ) APPROVAL OF FINAL PLAT AEGEAN ESTATES SUBDIVISION ) NO. 3 ) BY: ENGINEERING SOLUTIONS, ) LLC ) APPLICANT ) This matter coming before the City Council on June 22, 2021 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING AEGEAN ESTATES SUBDIVISION NO. 3, LOCATED IN THE S 1/2 OF THE NW 1/4 OF SECTION 33, TOWNSHIP 4N., RANGE 1W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: 04/14/21,by CLINTON W. HANSEN, PLS, SHEET I ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AEGEAN ESTATES NO. 3 FP-2021-0031 Page I of 3 Page 148 Item#10. OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated June 22, 2021, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AEGEAN ESTATES NO. 3 FP-2021-0031 Page 2 of 3 Page 149 Item#10. interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 6th day of July , 2021. By: Robert E. Simison 7-6-2021 Mayor, City of Meridian Attest: Chris Johnson 7-6-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 7-6-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR AEGEAN ESTATES NO. 3 FP-2021-0031 Page 3 of 3 Page 150 Item#10. EXHIBIT A STAFF REPORTC�WE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING 6/22/2021 Legend R74 DATE: project Lcou-Run -15 TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2021-0031 Aegean Estates No. 3 RU T LOCATION: 4306 N. McDermott Rd.,in the NW 1/4 of Section 33,Township 4N.,Range 1 W. RUT TT r' I. PROJECT DESCRIPTION Final plat consisting of 57 buildable lots and 4 common lots on 15.32-acres of land in the R-4 and R-8 zoning districts. II. APPLICANT INFORMATION A. Applicant: Shari Stiles, Engineering Solutions,LLP— 1029 N. Rosario St., Ste. 100,Meridian, ID 83642 B. Owner: Endurance Holdings,LLC— 1977 E. Overland Rd.,Meridian, ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2017-0114)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed plat and the number of buildable lots did not increase and the amount of common open space increased slightly. Therefore, Page 1 Page 151 Item#10. Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV.DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 7/31/2017) I I v 15 LEGm 4�«--�14 ,�-_J•--f--L+-1iJ--T'-_al�_.1._l_� 1 l / ��k� ':- r [ ° ' •scc sr�r�of�roR � �18 L III ?U7 � "'--- f -•-----T'-------T-----.--T---_ --- i RUT i i ,� o i RUT � I Page 152 Item#10. B. 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FlIUI[xi,NEx ins w�ENim�i[xl'IX I[ DEVELOPER ,XVY14'E X,.m' b']4bR• 5] dm'PoX•5«'IT,A'E 1a-]xm INenX[mE m[uuRR Ea[dfur is fce m[rofxAnm iNX xAixmvnx¢ NfAIDIAN,ID e «,a,r•x �n n.m 3 =,gym Evx H «r N xr XrE�EExE R�XX 1—E SO' C fN&1NEERlN& n u[for T Lti1 B,.m' 641IA 8TBN3" M _ p Pod N 3e.ax NN A.^E n]�Po•N] A�XxE xPo.p:,-��,, Ta D Nr GA m n lm11 �N��Po xN nm¢�r N�g—; ET 1 OF it�a nno"SI m-A-1- za.Poa TJVa E lest Page 3 Page 153 Item#10. C. Landscape Plan(dated: 04/05/2021) !r AEGEAN ESTATES PHASE 1 AEGEAN ESTATES FUTURE PHASE 2 . AEGEAN ESTATES PHASE AEGEAN ESTATES PHASE 1 L2 W �sF 1 aw< D z Y `fib - LL a IL \V L1 L3 nc��s #gam =11,11,11- ..w,...,...�....w 1 LO 4 ' 14 •.p �1 IInC�{ I 4� 1 ,, u�TgUrIE wrsl �e io fit, swv —J anti �I,! *1 yo4 am 5 az �� PLANT SCHEDULE NOTES WZ s Page 154 Item#10. t "� soh. .�..._.. 10 ! 6IN ! J m - 23 g6F. Lt 24 BLOCS it as _ 9 uarrxEa:u W gig ., F'LAN7 Sc.HEt7ULE '-'_ NOTES 5 € �LZF -<a ar acxa ri nacz n 6 IS zmcz a at a, S I � m Wy PLANT SGHES7L'LE NOTIEg ` Page 5 Page 155 Item#10. 1Z^"1=111t1V :V�N vlNrL�I—T MR, !47'-M.V,%T aCAPE CALCULATIONrl NOTES .......... W,7 MM �rrrrwff MRSEX -M—, M-P .WT M.E-E mww Ar, L4 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2017-116562) and preliminary plat(H-2017-0114)applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat; or apply for a time extension,in accord with UDC I 1-613-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Engineering Solutions,LLP, stamped by Clinton W.Hansen, dated: 4/14/202 1,included in Section V.B shall be revised as follows: a. Include the recorded instrument number of the existing ACHD permanent easement in the Legend. b. Note#12: Include the recorded instrument number of the ACHD License Agreement. c. Include the Book and Page numbers of the Aegean Estates Subdivision No. I plat(i.e. Bk. 120,Page 18799). d. Include the Book and Page numbers of the Aegean Estates Subdivision No. 2 plat. Item#10. e. Depict a minimum 15-foot wide common lot with a minimum 5-foot wide pathway within Block 8 for future pedestrian connectivity to the south in order to comply with the block face standards listed in UDC 11-6C-3F.3a. A copy of the revised plat shall be submitted for City Engineer signature. 5. The landscape plan prepared by Jensen Belts Assoc., dated 04/5/2021, included in Section V.C, shall be revised as follows: a. Depict a minimum 15-foot wide common lot with a minimum 5-foot wide pathway within Block 8 for future pedestrian connectivity to the south in order to comply with the block face standards listed in UDC 11-6C-3F.3a. b. Depict a mix of trees and shrubs within the landscape strips along all pathways in accord with UDC 11-3B-12C.2. 6. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 7. All fencing shall comply with the standards of UDC 11-3A-7C. 8. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. The street light plan submitted with the construction plans appear to meet city requirements based on a preliminary review. The type 1 streetlights on McDermott need to be placed over McDermott Road, and not the entry road. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. Page 7 Page 157 Item#10. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Page 158 Item#10. Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at(208)888- 5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 9 Page 159 Item#11. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Oaks North Subdivision No. 10 (FP-2021-0035) by Toll Southwest, LLC, Generally Located at 6180 W. McMillan Rd. Page 160 Item#11. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JUNE 22, 2021 ORDER APPROVAL DATE: JULY 6, 2021 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 54 BUILDING ) CASE NO. FP-2021-0035 LOTS AND 11 COMMON LOTS ON ) 15 ACRES OF LAND IN THE R-4 & ) ORDER OF CONDITIONAL R-8 ZONING DISTRICTS FOR ) APPROVAL OF FINAL PLAT OAKS NORTH SUBDIVISION NO. ) 10. ) BY: TOLL SOUTHWEST, LLC ) APPLICANT ) This matter coming before the City Council on June 22, 2021 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat,the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING OAKS NORTH SUBDIVISION NO. 10, LOCATED IN THE SW 1/4 OF SECTION 28, TOWNSHIP 4N, RANGE 1W, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: 05/12/21, by Clinton W. Hansen, PLS, SHEET 1 OF ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Oaks North Subdivision No. 10—FILE#FP-2021-0035) Page 1 of 3 Page 161 Item#11. 4," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated June 22, 2021, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Sabrina Durtschi, a true and correct copy of which is attached hereto marked"Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Oaks North Subdivision No. 10—FILE#FP-2021-0035) Page 2 of 3 Page 162 Item#11. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 6th day of July , 2021. By: Robert E. Simison 7-6-2021 Mayor, City of Meridian Attest: Chris Johnson 7-6-2021 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 7-6-2021 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Oaks North Subdivision No. 10—FILE#FP-2021-0035) Page 3 of 3 Page 163 Item#11. EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 6/22/2021 Legend R DATE: 0 Project Lflcfltar TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner RUT R=4_R- R-_ 208-884-5533 R-8 R- R= SUBJECT: FP-2021-0035 Oaks North No. 10 R-1 LOCATION: Generally located '/z mile north of the half-mile mark of W. McMillan Road UT between McDermott Road and Black Cat Road, in the SW'/4 of the NE '/4 of - R- Section 28, TAN.,R.1W. R_4 RUT I. PROJECT DESCRIPTION Final plat consisting of 54 building lots and 11 common lots on 15 acres of land in the R-4 and R-8 zoning districts. II. APPLICANT INFORMATION A. Applicant/Owner: Toll Southwest,LLC—3101 W. Sheryl Drive, Suite 100,Meridian,ID 83642 B. Representative: Sabrina Durtschi, Toll Brothers—3103 W. Sheryl Drive,Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as required by UDC 11-6B-3C.2. This is the tenth phase of development of the Oaks North Subdivision. The submitted final plat shows three(3)less buildable lots than were approved in the preliminary plat; the same number of common lots and amount of open space is proposed as were approved in the preliminary plat. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Pagel Page 164 Item#11. EXHIBIT A V. EXHIBITS A. Preliminary Plat(date: 8/6/2013) i $0 M Ia ---------------------- I p 1 .! I F azrrt' NEE"C� _ I Area of Phase 10 rI ------- ----- ------ RUT i RUT i I� RUT - I ------------ � $ 1 55 I I—I F_ $ Ili! I I wa.ar � :iil r I I I .w I �• I AfIT � d�� IL -fl lITr------- 1 1 _J' 1L14��L I�I111 /, —•-iLLI c was—�i — L Tn�rrr 7T�` -I _iIJ� q� j a® ;i l �l i l l l l i �h �I rtr[ ��r Fp H _PREP .. ,_ I I I I I I I I I I r II ill+ r_r .� �r'LV s.x r� r—!—�;L Page 2 Page 165 Item#11. EXHIBIT A B. Final Plat(date: 5/12/2021) THE OAKS NORTH SUBDIVISION NO. 10 BOOK, m.o cai+ LOCATED IN THE SW 114 OF SECTION 28,T.4N.,R.1IN.,B.M. TT MERIDIAN,ADA COUNTY,IDAHO SEE conln NunnoN-TNIs SHEET �m UNPLATIEG 2021 r,r is se"ssc`� es oo• II 8 ue,�oa x xss4 58921T]'f SB@591HE 1AS19 It9V 51 ffi4YW 4]W lO SW211)'E EaSBY V W xa9q yT ® Y 5g w1RT I flT \ 7A ..,_.. TB se9�•IY[' THE BAKS NORTH SUED.40'2 B001(118 PACES 1 8 029-1 50 3 2 s mra „ {r x Porlw calrN sr L L � ' O �`+ ifs Wfa Ufa®;J¢ p ® � A' IA U' vree PLwILL, 1 mR p1 BNPUTImA,�: 9 xassrlrW aw.00' I '�` r- .uuNPLnrIE6 �—,® �� L ttWo1 sI �� •�y x - SB5WB'RS'I� THE PANS NORTH SUED.NO 1 01 BCDK 111 PAGES 17840-I1993 42w THE OAKS NORTH SUBO.NO.8 ` } ira BOOK PAGES__ 9 W RWRIR W,E DR, w 49 3c-a^ 3 .1 LEGEND a 11LINDeNti1 4P W;��.1t.1 TTTWD to r ��\\/// ,4 Lem'' yr 1. I� - ®a CN C°i NeeazSz x 7Lm q. an va o _ H vls 1 11a R UNPLAIIm THE DAMS NORTH SUBO NO 2. ® rl Hrls 1.11a BOCi(118,PAGES 18029-18E32 rrr O x.oo ae. uu , Tia ..- - - _ __ .. ._-- �> a yob E_ Y 18 1. •l__ Oaar'P s] ' I' c osr AEUENT_NE] nH w-vr= AInIIs °se lsW _______y NE° csw y NRg5ry1d'W 34R54� �-sFrEgls T.:.-ii g� — — N k �� a_.,i4� �� NhSC1-CIS=IN[�Cfi I�N��IErC n +� uNPLnTTEo ❑$ svay'oewme4 rrI W.wu,SI SIM 4rW 4]00' I SE H 1WE 1.61 .� ILA s1e:21129.7V rx iiv rTo i� ——— RFFr.rnes uEeeu ra . SEE CONTINUATION-THIS SHEET rt ��1`�—W xc'41W ROAW illo-czo'm SEE SHEET2 OF 4 FOR NOTES AND LINE&CURVE DATA SJRVEY NARRATIVE r a w,,, ,'�4y¢'ag' `?oliBrothers Lin olutions XTH O�`O AMERlcns LUXURY HOME aulLDER IT �f Lcna surveyliq ena rnrrsuwrg SHEET 1 OF Page 3 Page 166 EXH|8|TA Item#11. EXHIBIT A C. Landscape Plans(date: 5/14/2021) ._I -IAK"-gT� �-FUT O/�KS NORTH PHASES --- f FUT RE -OAKS NORTH -- �EIQSMus I l r NOR PHASES PHASE 8 0•�• :�O/1KS NpF}fiH '. PHA8e-8 OAKS NORT�PW - r a ,tip �r o a x a III�z ��J�' lu��r • -_T"hf � I i}, _... ... --�I —� -- Z a � Z z OAKS NORTH F. 'A S NOR H Q i SSE 0 ILL IN H PH SE� �I�II K O H_ NOTES T W-MCU LEAN R I]LVL'I.ok'SH Page 5 Page 168 EXH|8|TA Item#11. EXHIBIT A PLAN SGHE�JLE MATTC+VNE LI I MATCH!aE U2 7I�"' MATCHLINE L1.9� r I I I� I � � JNV$ENBFLT� � I mm I NOY_5 IL I - - d zo — J I LL KEY MAP _ M�TCHL L13� 1�LpI SLaND3CAPE MATCH E LU PUN i L1.3 PLANr sc NEOJLE MAT4�1N L1.3 MATC LI LI IA l - _ itl 4 L ,I* w ILIA T. _ JEWDMIl 4, z NOTES e e F— ❑ a' J Z 0 z I KEY MAP 0 I 1� I SLANDSCAPE J� PLAN L1.4 Page 7 Page 170 Item#11. EXHIBIT FFT onfi ST-17 111-1- �,fv, A� ay NCTI-5 0 0 g or Z EE ---——----- LANSbr,Afla CAL.C-ULATICNO LL U.5 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(AZ-13-008,RZ-13-015,DA Inst.No. 114030972;PP-13-014). 2. The applicant shall obtain the City Engineer's signature on the final plat within two (2)years of the City Engineer's signature on the previous phase final plat, in accord with UDC I 1-613- 7 in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by Land Solutions, stamped on 05/12/21 by Clinton W. Hansen, is approved with the following revisions: a. Note#12: Include recorded instrument number. 5. The landscape plan shown in Section V.0 prepared by Jensen Belts Associates,dated 02/23/2 1, is approved with the following revision: a. Include at least one tree along the micro-path within Lot 11,Block 15 per UDC 11-313-12. 6. Future homes constructed in this phase shall comply with the elevations included in the development agreement (Oaks North and South Subdivision — Inst. No. 114030972) with materials and architectural features to be the same or higher quality as shown in the elevations. Page 8 Item#11. EXHIBIT A 7. Prior to the issuance of any new building permit,the property shall be subdivided in accordance with the UDC. 8. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 9. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Run all 10" diameter sewer mains at the minimum slope(0.28%)to allow serviceability to and through this project. 2. A Type 1 streetlight is required on McDermott Road at the North property boundary. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision;applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing Page 9 Page 172 Item#11. EXHIBIT A provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC I I-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for Page 10 Page 173 Item#11. EXHIBIT A review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 11 Page 174 Item#11. Joseph Dodson From: Sabrina Durtschi <sdurtschi@tollbrothers.com> Sent: Thursday, June 24, 2021 4:06 PM To: Joseph Dodson Subject: RE: Oaks North No. 10 Final Plat External Sender-Please use caution with links or attachments. Thanks Joe. We are in agreement with Oaks North No. 10 staff report, please proceed with the findings. Sabrina From:Joseph Dodson <jdodson@meridiancity.org> Sent:Thursday,June 24, 2021 3:21 PM To:Sabrina Durtschi <sdurtschi@tollbrothers.com> Subject: RE: Oaks North No. 10 Final Plat Hi Sabrina, I did get your email about discussing Oaks North and will call you tomorrow morning on that one, I promise. Secondly, could you provide me with an email stating you are in agreement with the Oaks North No. 10 staff report so I can have that ready for the required Order due next Tuesday? Thank you! Joseph Dodson Current Associate Planner City of Meridian Community Development 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.884.5533 C:�(fE II � Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request,unless exempt from disclosure by law. From:Sabrina Durtschi <sdurtschi@tollbrothers.com> Sent: Wednesday,June 16, 2021 3:34 PM To:Joseph Dodson <!dodson@meridiancity.org> Subject: RE: Oaks North No. 10 Final Plat External Sender-Please use caution with links or attachments. Thanks Joe! No problem, I will have our team review the report and let you and the clerk know if we are not in agreement. 1 Page 175 Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Prevail North Subdivision (H-2021- 0021) by Schultz Development, LLC, Located at 5150 S. Meridian Rd. Page 176 Item#12. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN�' AND DECISION& ORDER In the Matter of the Request for Annexation&Zoning of 5.63 acres of land with an R-8 zoning district and a preliminary plat consisting of 18 single-family residential lots and 3 common lots on 5.25 acres of land,by Matthew Schultz,Schultz Development,LLC. Case No(s). H-2021-0021 For the City Council Hearing Date of: June 22,2021 (Findings on July 6,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 22,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 22,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of June 22,2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 22,2021,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Prevail North Subdivision—FILE#H-2021-0021) - I - Page 177 Item#12. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 22,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Zoning and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 22,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with I I-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Prevail North Subdivision—FILE#H-2021-0021) -2- Page 178 Item#12. determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter.When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of June 22,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Prevail North Subdivision—FILE#H-2021-0021) -3- Page 179 Item#12. By action of the City Council at its regular meeting held on the 6th day of July 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 7-6-2021 Attest: Chris Johnson 7-6-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 7-6-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Prevail North Subdivision—FILE#H-2021-0021) -4- Page 180 Item#12. EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 6/22/2021 « " Legend DATE: Project Location TO: Mayor&City Council ` '' FROM: Joe Dodson,Associate Planner 208-884-5533 SUBJECT: H-2021-0021 Prevail North Subdivision ` LOCATION: The site is located at 5150 S. Meridian Road, on the east side of Meridian Road ' and approximately 1/4 mile south of E. ---- Amity Road,in the NW 1/4 of the NW 1/4 r of Section 31,Township 3N.,Range IE. ; I. PROJECT DESCRIPTION Annexation&Zoning of 5.63 acres of land with an R-8 zoning district and a preliminary plat consisting of 18 single-family residential lots and 3 common lots on 5.25 acres of land. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ 5.63;Plat 5.25 acres Future Land Use Designation Medium Density Residential 3-8 du/ac Existing Land Uses Vacant land Proposed Land Uses Detached Single-family Residential Lots #and e;bldg./common) 18 residential building lots Phasing Plan(#of phases) Proposed as one phase(essentially the third phase of the Prevail Subdivision Number of Residential Units 18 single-family units Density Gross—3.42 du/ac Open Space(acres,total 0.83 acres(36,185 square feet),or 15.82%total open /buffer/ ualified space;0.75 acres,or 14.3%qualified open s ace Amenity Multi-use Pathway Physical Features(waterways, Carlson Lateral crosses north property boundary twice. hazards,flood plain,hillside) Applicant is proposing to reroute and pipe this lateral. See further analysis in Section V.N. Neighborhood meeting date;#of March 30,2021 —No attendees attendees: History(previous approvals) N/A Pagel Page 181 Item#12. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via extension of an existing local street from Prevail No. (Arterial/Collectors/State 2 to the south. Hwy/Local)(Existing and Through Prevail No.2 and a segment of collector street(Quartz Creek Proposed) _ Street),access is then to S.Meridian Road/SH 69. Stub Applicant is proposing internal local streets to end in two cul-de-sacs,one to Street/Interconnectivity/Cross the east and one to the west.The western cul-de-sac would extend right-of- Access way to the northern property line for possible future extension through a city owned property. The eastern cul-de-sac is shown with a stub to the east property line for future connectivity to the east. Existing Road Network No Existing Arterial Sidewalks/ No.Applicant will be required to construct the buffer,noise abatement,and Buffers detached multi-use pathway segment along Meridian Road/SH 69. Proposed Road No road improvements are required with this application. Improvements CIP/Five Year Work Plan for nearby roads: o Amity Road is listed in the CIP to be widened to 5-lanes from Meridian Road(SH-69)to Locust Grove Road between 2036 and 2040. • Lake Hazel Road is listed in the CIP to 5-lanes from Meridian Road(SH-69)to Locust Grove Road between 2036 and 2040. • The intersection of Amity Road and Meridian Road(SH-69)is listed in the CIP to be widened to 6-lanes on the north leg,6-lanes on the south,7-lanes east,and 7-lanes on the west leg, and signalized between 2031 and 2035. The intersection of Lake Hazel Road and Meridian Road(SH-69)is listed in the CIP to be widened to 6-lanes on the north leg,6-lanes on the south,7-lanes on the east,and 7-lanes on the west leg and signalized between 2036 and 2040. Distance to nearest City Park 1.8 miles to Discovery Park +size Fire Service • Distance to Fire 3.1 miles from Fire Station#6(2.1 miles from proposed new fire station in Station South Meridian;response time would be approximately 3 minutes from proposed station). • Fire Response Time A portion of the project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#6 reliability is 87%(above the goal of 80%) • Risk Identification Risk Factor 2—Residential with hazards(open waterway) • Accessibility • Proposed project meets all required road widths,and turnaround dimensions. • Emergency access in Prevail No.2 to the south is meant to be temporary; additional access to the east or north is preferred by the Meridian Fire Department. Police Service • Concerns None/no comments Wastewater Page 2 Page 182 Item#12. Description Details Page • Distance to Sewer N/A Services • Sewer Shed South Black Cat Trunkshed • Estimated Project See application Sewer ERU's • WRRF Declining 14.09 Balance • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/Concerns • Flow is committed Water • Distance to Services 0' • Pressure Zone 5 • Estimated Project See application Water ERU's • Water Quality None Concerns • Project Consistent Yes with Water Master Plan • Impacts/Concerns • Water main will need to be installed in S Keyport Ave to connect to the existing water stub from Prevail Sub Phase 2 • The water main in S Scandia Ave that stubs to the City of Meridian property will need to be discussed with Public Works. C. Project Area Maps Future Land Use Map Aerial Map Legend tsity Legend .. s nProject LocationProject Location ^� ,2 MU-C Me d u EL m Density Residential Lo Density Residential Zoning Map Planned Development Map Page 3 Page 183 Item#12. Legend 0 J Project Location F RUT -- I-L Legend m s � RUT Project Location y i City Limits --- R1 Planned Parcels R-8 R°_g r R-4 R-4 RUT RUT R-41 III. APPLICANT INFORMATION A. Applicant: Matt Schultz, Schultz Development, LLC—PO Box 1115, Meridian,ID 83680 B. Owner: Carl Reiterman—2697 S. Linder Road,Meridian,ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning & Zoning City Council Posting Date Posting Date Newspaper Notification 4/30/2021 Radius notification mailed to properties within 500 feet 4/27/2021 Site Posting 5/7/2021 Nextdoor posting 4/27/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridianciu.or /�compplan) Medium-Density Residential(MDR)—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 subject site is an approximate five (5) acre parcel in between multiple parcels that are already annexed into the City of Meridian. The site to the North is a city owned property reserved for a future well site that currently only has access to Meridian Road. To the South is the 113-lot Page 4 Page 184 Item#12. Prevail Subdivision (approved in 2019)zoned R-8 with a future access to Meridian Road via a collector street, E. Quartz Creek Street, and a temporary emergency-only access to Meridian Road. The Applicant on this application is the same as who received approvals for the Prevail Subdivision to the south therefore making Prevail North a continuation of the already approved Prevail Subdivision. Commensurate with the future land use designation of MDR, the Applicant is proposing Prevail North with a gross density of 3.42 units per acre; therefore,proposing a residential project at the low end of the allowable density. Because this is an extension of the Prevail Subdivision to the south, the Applicant is aligning the proposed lots of Prevail North with those to the south to ensure compatibility of lot sizes. Furthermore, due to the constraints of the site being deep but relatively narrow and having a waterway along the north boundary, the Applicant is only proposing homes along the south boundary of the site. Stafffinds the proposed project to be generally consistent with the Comprehensive Plan. Specific Comprehensive Plan policies are discussed and analyzed below. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A.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 owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies (https:llwww.meridiancity.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"(2.01.01G). The proposed project offers a density and site design that mirrors that to the south. Because of the relatively small lot size, strict adherence to this policy is not feasible and not in the best interest of the City when considering the constraint of the city owned property to the north. Staff finds the addition of 18 more lots matching the already approved project to the south as merely an extension of that project. "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 stubs abutting the site to the south within the right-of-way of the local street, S. Keyport Avenue. This project also lies within the Fire Department response time goal. However, the singular public road access is through the Prevail Subdivision to the south, currently under development. Fire code only allows 30 homes off of one access and with the two projects combined, there will be 135 homes off of this access. This is why, as seen on the plat and in previous approvals, an emergency-only access is required to Meridian Road and is located adjacent to the southern boundary of this plat. Despite meeting Fire Code, Meridian Fire has concerns over the approved access points and recommends requiring stub streets to both the north and east of this plat for future connectivity. West Ada School District has not made comments on this application but an additional 18 homes are expected to generate approximately 14 school age children which can be easily absorbed into the school system, according to the ratio of 0.8 kids per household. Staff finds that the existing and planned development of the immediate area create conditions for levels of service to and for this proposed project that meet code requirements. Page 5 Page 185 Item#12. "Preserve,protect, and provide open space for recreation,conservation, and aesthetics" (4.05.01F). The Applicant is proposing this project with .75 acres of qualified open space, or 14.3%. The area chosen for the open space currently contains an irrigation lateral that is to be rerouted and placed on the shared property line between this property and the city owned property to the north—the Applicant has discussed this with Public Works and received approval to do this work. Placing the open space in this location allows for a relatively long and large open space area on one side of the new local street and preserves the area above the lateral for maintenance and for adequate recreation. "Promote area beautification and community identity through context sensitive building and site design principles, appropriate signage, and attractive landscaping."(5.01.02C). As discussed above, the area of most notable open space is the large open space lot along the north property boundary. This open space area is proposed with adequate open area, a detached sidewalk, and appropriate landscaping to beautify the space while not being overwhelmed with trees that would otherwise limit the open area uses of the space. In addition, the Applicant will be required to continue the multi-use pathway and landscaping along Meridian Road adding to the area beautification along a major roadway. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D).Proposed project is extending the attached sidewalks from the south to allow easy access to the future pedestrian facilities and amenities within Prevail Subdivision. "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction." (2.02.02F).As discussed, the Applicant is proposing lot sizes and lot lines that match those directly abutting the site to the south. This proposed density and lot placement should provide a cohesive project with Prevail Subdivision to the south. "Require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is required to and is proposing to extend the abutting local street, S. Keynote, into the site and then "T"off the street by heading east and west with new streets for access to the proposed homes. In order to meet this policy as well as city development code, the Applicant is also proposing stub streets to the east and to the north. Further discussion and analysis on this are below in Section F,Access. Staff finds the Applicants proposed street connections comply with this policy. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: There are no existing structures on site beyond the existing irrigation lateral that bends south into the site from the north and runs along nearly the entire north property boundary line. D. Proposed Use Analysis: The proposed use is detached single-family residential with an average lot size of 6,677 square feet and a minimum lot size of 5,362 square feet. This use is a permitted use in the requested R-8 zoning district per UDC Table 11-2A-2. Due to the relatively small size of the development(5 acres),the project is proposed to be constructed in one phase but will be phase 3 of the Prevail Subdivision to the south. The proposed use, lot sizes, and lot alignment should provide for a development that is cohesive with the adjacent development to the south. Page 6 Page 186 Item#12. E. Dimensional Standards(UDC 11-2): The residential lots appear to meet all UDC dimensional standards per the submitted plat. In addition,all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). The proposed preliminary plat and submitted plans appear to meet all UDC requirements. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations for the proposed detached single-family homes.Note that detached single-family homes do not require Design Review approval therefore Staff does not review these for compliance with any standards. However,the submitted elevations depict majority two-story homes with two-car garages and varying home styles noted as"Traditional,""Craftsman,"and"Contemporary."The elevations depict differing field materials of lap siding and stone with varying roof profiles offering an overall array of potential homes. G. Access(UDC 11-3A-3, 11-3H-4): Access is proposed via extension of Keyport Avenue, a local street stubbed to the southern boundary from the Prevail Subdivision. The submitted plans show Keyport extending into the site and then heading both east and west as Liberator Street to end in permanent cul-de-sacs at both ends of the site, in alignment with ACHD policy. The extension of all local streets is proposed as 33-foot wide street sections with the exception of a bulb-out along the north side of Liberator Street at the terminus of Keyport Avenue. This bulb-out is intended to be a traffic calming measure because the overall Liberator street, east-west, is greater than 750' in length(Liberator is proposed as approximately 908' in length from the center of the western cul-de-sac to the east property line). ACHD notes in their staff report that this type of traffic calming is acceptable but has not given a definitive approval of the location proposed on the revised preliminary plat. The Applicant will continue working with ACHD following any approvals received from the City and will likely be finalized with the final plat submittal at a future date. Staff is not concerned with the proposed location of the bulb-out and believes it will provide the desired traffic calming effects. Although,the length of the street from east to west is greater than 750' in length, S.Keyport intersects this street approximately half way to break up the block length.In addition,UDC 11-6C-3 notes that a dead-end street cannot be greater than 750' in length without an intersecting street.Because of S.Keyport intersecting Liberator,neither the west or east cul-de-sac is greater than 500' therefore not requiring any Council Waiver.It is admittedly an unusual road design but Staff considers it the most efficient design for livability and access when considering the site constraints of a large irrigation facility along nearly the entire northern boundary and topography throughout the site.Furthermore,there are no homes fronting along the north side of the proposed local street which further mitigates any Staff concern regarding its length on one side. The Applicant is also proposing two stub streets to adjacent properties; one to the north boundary out of the west cul-de-sac and one to the east boundary out of the east cul-de-sac. The original plat proposed both of these stub streets in the east quarter of the site but following conversations with Public Works the Applicant moved the stub street to the north to the west quarter of the site due to future plans for the City well site and topography issues. In congruence with this premise, the Applicant has also sited major topography issues with stubbing a street to the east boundary of the site and has specifically noted there could be a ten(10)foot elevation difference between the east stub street finish grade and the current grade of the Brighton owned property to the east. Page 7 Page 187 Item#12. Furthermore,the Applicant has also provided a conceptual drawing from the land owner to the east in order to show that a stub street to the east is not necessary—the submitted concept plan for the adjacent property does not show a street abutting the east property boundary of the subject site and instead appears to show an open space lot(see Exhibit VII.F). It should be noted that this concept plan is an older concept plan and the adjacent land owners do not have a solid plan in place for the area abutting the proposed plat. Staff supports the overall road layout and stub street locations as proposed on the revised preliminary plat. Though there is potential for topography to complicate the future road extension to the east, Staff highly recommends maintaining the stub street to the east for added future connectivity through the Brighton parcel to the east. This recommendation is based both in code(UDC I1-3A-3) and from recommendations of the Meridian Fire Department for better neighborhood connectivity and emergency response access as properties to the southeast develop in the future. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table I]- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. In addition,the proposed 33-foot wide street section accommodates on-street parking where no driveways exist and where there is no bulb-out. Furthermore,no on-street parking is allowed within any part of either cul-de-sac at the end of the new local streets. I. Sidewalks(UDC 11-3A-17): 5-foot wide attached sidewalks are proposed along the proposed streets except for that sidewalk adjacent to the large open space lot where 5-foot detached sidewalks with an 8-foot landscaped parkway are proposed instead. These sidewalks will be an extension of the pedestrian circulation of Prevail Subdivision to the south. The proposed sidewalks and parkway meet UDC 11-3A-17 standards and ACHD standards. In addition to the internal sidewalks,the Applicant is required to construct a segment of 10-foot wide multi-use pathway along Meridian Road,per the Master Pathways Plan. The Applicant is showing this required pathway segment within a landscaped common lot,per code requirements. J. Development Along State Highways(UDC 11-3H): The proposed project has frontage along Meridian Road/SH 69 which requires noise abatement per UDC 11-3H-4. The Applicant is proposing to construct a 4-foot berm with a 6-foot wall on top of it to total 10' above SH 69 centerline height, as required by code. This proposal matches what was approved in Prevail Subdivision to the south. Due to this segment of the wall being less than 300' in length, code does not require modulation in the wall plane. Other analysis regarding access standards of this code section are analyzed above in Section F. K. Landscaping(UDC 11-3B): The required landscaping regulated by code within the proposed development are the following areas: that area within the proposed parkways along the local street extension(UDC 11-3A-17 and UDC 11-313); the common open space lot, and; the required landscape buffer to Meridian Road. The submitted landscape plans show landscaping in these areas as proposed. The proposed 8-foot wide parkway is approximately 740'in length on the revised plat requiring at least 21 trees (I per every 35 linear feet). The submitted landscape plan does not show compliance with this requirement because it is shown with less than 21 trees. In addition, the plat Page 8 Page 188 Item#12. has been revised since the original application submittal and the submitted landscape plans have not been revised to match the new road layout. Regardless, the Applicant should revise the landscape plans prior to the City Council hearing to ensure they match the revised preliminary plat and show compliance with the landscaping requirements. In addition, common open space is required to be landscaped with one(1) tree for every 8,000 square feet of open space. The large open space area is shown as 32,709 square feet in the development table on the preliminary plat. However, Staff's area analysis shows a figure closer to 36,500 square feet. Based on Staffs calculation, the minimum number of trees that are required within the open space lot is five (5) trees. The submitted landscape plans show six (6) trees proposed exceeding the minimum UDC requirements. The landscape buffer along Meridian Road is required to be 35'wide and contain the required multi-use pathway within it. The submitted landscape plans show compliance with UDC requirements for the number of trees, tree spacing/grouping, and additional vegetative ground cover. However, the Applicant is only showing a 25'wide common lot on the preliminary plat for the required street buffer. Therefore, the Applicant should correct both the plat and the landscape plans to depict the required 35'wide buffer. The Applicant is also proposing a micro pathway from the western cul-de-sac to the multi-use pathway and does not appear to have the correct landscaping. UDC 11-3B-12 requires that trees be placed on both sides of the pathway; the Applicant has only proposed trees on the south side of the pathway. Staff is not aware of any easements encumbering the north side of the pathway and the landscape strip appears to be the minimum 5-foot width. Therefore, the Applicant should move one of the trees to the other side of the micro path; Staff recommends the center tree of the three currently shown on the south side of this pathway. Although there is no code requirement for this change, Staff also recommends removing the shrub bed located in the center of the large open space lot. By removing this planter bed and the shrubs there would be an un obstructed area in the center of the open space lot that is at least 9,000 square feet in size; it is rare for a subdivision to provide an area this large for children to play in without obstruction. If the Applicant desires to still include the same number of shrubs as currently shown, they could disperse them to the planter beds shown further to the west and east on the landscape plan. L. Qualified Open Space and Amenities (UDC 11-3G): The subject site is 5.63 acres in size with a plat over 5.25 acres in size requiring at least one(1) amenity and 0.536 acres of qualified open space per UDC 11-3G-3. The Applicant is continuing a segment of multi-use pathway along the Meridian Road frontage which qualifies as the required amenity. Because this plat would be an extension of the already approved Prevail Subdivision,the Applicant has indicated these future residents will be able to use the other amenities and open space in Prevail. The closest amenity to this phase is an open space lot with a playground that is located due south from the Keyport Avenue extension and has a micro path in direct alignment with that amenity lot. Should Commission/Council find that this distance is too great for the future residents of Prevail North to walk to utilize the playground, Staff recommends they require an additional amenity with the large open space lot proposed on this subject site. To help ensure the amenities and open spaces are shared, Staff is including a DA provision that all of the common areas be owned and maintained by the same homeowner's association. As discussed previously,the Applicant is proposing open space in excess of the code required 0.536 acres. Overall,the Applicant is proposing the large open space lot along the north property boundary, a micro-path lot, and the landscape buffer to Meridian Road as qualifying open space—cumulatively these areas amount to 49,878 square feet,or 1.15 acres, approximately 22% Page 9 Page 189 Item#12. of the 5.25 plat area. However,not all of this area is qualifying after receiving the revised landscape plan that fences off a section of the open space lot that is impeded by the irri ag tion easement for the rerouted Carlson Lateral. After removing this area,the area of qualified open space is 32,120 square feet(0.74 acres) or 14%of the plat area. The proposed qualified open space still exceeds the minimum code requirements by approximately 10,000 square feet. Furthermore,this calculation uses the 25' landscape buffer width along Meridian Road instead of the required 35' width. Therefore,the actual amount of qualified open space should be slightly larger. the eeffeet. at f,, alifie Staff Utilized the let S-L-es shown oil the 191at te ebtain the above ealeulatiens d requirenients. Stae(fsupports the proposed and revised open space exhibit and believes it offers adequate area for recreation and relaxation. M. Fencing(UDC 11-3A-61 I1-3A-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 and appears to meet UDC standards as proposed. Should any fencing locations need to be revised to accommodate any irrigation easement requirements, the Applicant should notify Staff and submit revised drawings at the applicable future application submittals (i.e. final plat and/or final plat signature). N. Waterways(UDC 11-3A-6): The subject site contains a large section of the Carlson Lateral, an irrigation lateral maintained by Boise Project Board of Control(BPBC). The Applicant is proposing to both reroute and pipe this lateral consistent with the desires of the City Engineer for the purpose of benefiting both this Applicant and the City owned property bordering the subject site on the north boundary.Upon further discussions with BPBC and in coordination with Public Works,the Applicant is proposing to pipe the entire segment of the lateral on both properties from Meridian Road east to nearly the east property boundary, as shown on the submitted preliminary plat in Exhibit VII.B. Piping this lateral will allow for more buildable area of the subject site, fix some of the topography issues for the City owned property, and allow for easier maintenance by BPBC. Staff supports the piping of this irrigation lateral and the proposed plan complies with UDC 11-3A-6. O. Pressurized Irrigation(UDC 11-3A-15): The Applicant is required to provide a pressurized irrigation system for the development in accord with 11-3A-15. The Applicant is showing a pressurized irrigation system on the landscape plans commensurate with code requirements. Land Development will review these plans in more detail at a later date when specific irrigation plans are submitted with the Final Plat application. 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 application per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on May 20, 2021. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning and Preliminary Plat requests. Page 10 Page 190 Item#12. 1. Summary of Commission public hearing_ a. In favor: Matt Schultz,Applicant b. In opposition: None C. Commenting: Matt Schultz d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner £ Other Staff commenting on application:None 2. Key issue(s) public testimony a. None 3. Key issue(s)of discussion by Commission: a. Purpose of rerouting and piping Carlson Lateral and how does its placement affect any future road extensions on adjacent properties; 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on June 22, 2021.At the public hearing.the Council moved to approve the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of the City Council public hearing: a. In favor: Matthew Schultz, Schultz Development b. In opposition:None c. Commenting: Matthew Schultz d. Written testimony,None e. Staff presenting application: Joseph Dodson,Associate Planner £ Other Staff commenting on application: Warren Stewart, City_ Engineer 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by City Council: a. Necessity of a stub street out of the west cul-de-sac to the City owned property to the north: b. Access into the development for future residents and/or city vehicles should an access be maintained to the City property to the north C. Repercussions of waiving the requirement to provide a stub street to the north property boundary: 4. City Council change(s)to Commission recommendation: a. Council approved a Council Waiver to remove the stub street to the north out of the west cul-de-sac. Page 11 Page 191 Item#12. VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps EXHIBIT DESCRIPTION FOR PREVAIL NORTH SUBDIVISION CITY OF MERIDIAN ANNEXATION AND REZONE A portion of Government Lot 1 of Section 31,T.31N., R.1 E., B.M., Meridian,Ada County, Idaho more particularly described as follows: Commencing at the NW corner of said Section 31 from which the W114 corner of said Section 31 bears South 00°37'56"West, 2641.54 feet; thence along the West boundary line of said Section 31 South 00°37'56"West, 1,113.77 feet to the REAL POINT OF BEGINNING; thence leaving said West boundary line North 89°39'29"East, 1,184.97 feet to a point on the East boundary line of said Government Lot 1; thence along the East boundary line of said Government Lot 1 South 00°20'43"West, 206.98 feet to the SE corner of said Government Lot 1; thence along the South boundary line of said Government Lot 1 South 89°39'29"West, 1,186.01 feet to the SW corner of said Government Lot 1; thence along the West boundary line of said Section 31 North 00°37'56"East,207.00 feet to the REAL POINT OF BEGINNING. Containing 5.63 acres, more or less. � OF 1D�1 Gy.O Page 1 of 1 Page 12 Page 192 Item#12. S25 S30 E. AMITY ROAD S36 531 I I^ r<i UNPLATTED RPOB N89'39'29"E 1184.97' Do 0 x Z Lq ^ ZONE R-8 IN 4 I0 a m N 1 w 245355 s f. UNPLATTED o L, 3 �-- 5.63 a.c. 10 E2o ,o m Ln P I� o yj m cci 10 I O S89'39'29"W 11MOV III UNPLATTED I^ 0 �^ 1/4 - Safi�S31 A ¢ ENSFQ sG�o N SCALE: 1"=100' a 7729 70 0 25 50 100 200 C��T�`0 JZ'0�� ?Y G.OA oc 1t—N5 ewe Not NORTJ annm reaensAr 3 9 2021 12:33:05 All IDAHO EXHIBIT DRAWING FOR 21 NO. 1-G25 9955W,EMERALDST. PREVAIL NORTH SUBDIVISION SHEET NO. SURVEY (2W)84 95]Ng"0" CITY OF MERIDIAN ANNEXATION AND RE—ZONE 1 GROUP, LLC LOCATED IN GOVERNMENT LOT 2 OF SECTION 31.T3N_RAE.,B.M., DWG,DATE MERIDIAN,ADA COUNTY,IDAHO 3/19/2021 Page 13 Page 193 Item#12. n89°39'29"e 1154.97 ai 3 N O N O O C 1186.01 s89"39'29"w s SFa G�GF .e 7729 'p 3hlZ��o Y G.CP�Q Prevail North Sub. Annexation Closure Sheet 3/19/2021 Scale: 1 inch=200 feet File: Tract 1:5.6326 Acres(245358 Sq.Feet),Closure:s33.0139e 0.01 ft.(1/471643),Perimeter=2785 ft. 01 n89,3929e 1184.97 02 s00.2043w 206.98 03 s89.3929w 1186.01 04 n0D.3756e 207 Page 14 Page 194 Item#12. B. Preliminary Plat(dated: 5/7/2021) FiFI IM INAH-F.AI tiHDWIN(: j PREVAIL NORTH SUBDIVISION _ LDUAT-D N GOVERNMENT OT 2 OF SECTION -1, 7.3N,. R.1'-_., H.M,. MERIDIAN, ADA `„U kl D%Hr,i a , 2121 w -mamry MAP- c7 0 _ w o — _ 11 R L: IL j x_ - �_ l --------- -- ,�-- _ "y ® 71I-I T P I L I;. \ �I o f ® o - - II PREVAIL SUB III li PHA5E 2 I, II III I - r - _m n NOTES: �I PRELIMINARY DEVELOPMENT F EATORE5 ENGINEER Sl1RVEVOR PLANNER L � P1.0 Page 15 Page 195 Item#12. z/:i�zx¢n rm-uvxx�xom k I El '. i G" T"I. SIJ _dj V�;V 0 l�- o _�� `JN17133M`SN3 Jl9 S9Sl-ZbE-OOEi 1V 3NIl`JId llV3'`JNI9914 3N0338 Ir I it II yT' I � 1:m W h Fi k } Q IA ~ z 8 a raN a �fl w m o� Eli o 11 �I s f g� i j R I Page 16 Page 196 Item#12. C. Landscape Plans(date:3�5/17/2021)NOT APPROVED ...... Wd AHVNmnqHd NVId MOM= 0; A" "C Zt79S9 0HVC11 WOMAN =Oz— HiUON 11VAlUd 6- OVOU NVUWIA G 0919 r,I Li !Rohl q LZLJ 1 A oil a It ago! 941 AMU 9 MOD Ali . ....... INS P R ED!1 111 1 h ISS! WHO 1 ARM 10 it 1, ,N 11 h I, BEEP lzillj: 1 Sill WgReguyin !M1 Im g I P joull go UNION RNI Ap,1 Houll JIB 10 1 M%q 'v oil 1 Moiju 'I IKE T RIM B PIT us a Im Opt! poll Mg a REM 14 H-- 111so M 111 R51 MOO I d! ORION goo Rip" 11 UHL! yamL)Of ININ 1 1, —11 Page 17 EEI Item#12. V�d AUVNM�j STvi](] zIdVOSONVI ZV9£9 0HVU1 'NVIUN3N 110 OVOU WOU3A 8 090 HIHON IN Sad Ian W wy I 11 am I w I Is Rim, su I A PZ 01 log U gh pot gef F 70 A A I d 0 - I l-, oil IMIA I N 1 N Hill Es lK, h, Im" 10 a p1 WL INN RN No q lop b" 19 0) o P-0 A", z old M! H, 110 Pal tun h LL, imp H! M: !oil hill, UH E 'Hop 1H MIHHP go i;gg�gkl Jim!; to 11 Rho KRIM i�lh 1 1 1""� �H!F-'�'10" (D Page 18 Item#12. D. Color Landscape Plan—Prevail Subdivision Overall �] 35 ; r — �, ELIRERATORC- E IRERATORLANE 17 a3 32 3t 3 29 28 2] 2fi c ,] to IB 22 23 a r I I I I L— ECALNERA ST m �2 I �y 2�� 14 16 19 21 27 -- ,5 ..5 ��- 1114 E-ARIMO ST 132 z 12 f ^ ] C e � I e 2 o "- 3 O E,TkkNTVN$T zfi J7 II r � I 2 5 ECLI SICK 9T. 5 -- -1-- I I I I I I I 'I S I II II I I I I I I I 1 2 - 3 —1�e 9 1 3 , ILL-,,Il,t�hr�ll 16 S IN LL OLI 1-i 4 ..._ i� 'E.OUABTZCRE&RRE£ PREVAIL SUBDIVISION y� T MERIDIAN, IDAHO 83642WOW S. MERIDIAN ROAD Page 19 Page 199 Item#12. E. Open Space Exhibit NOT APPROVED OVER dated: 5/17/2021 CITY OF MERIDIAN OPEN SPACE REQUIREMENTS QUALIFIED OPEN SPACE OPEN SPACE RMIRPIE '101r (055 AG) PREP/�yEy OP nE AREA OP THE SITE. �� 82,IZo(O07�i AG) LANDSCAPE LEGEND d.MLIPIW OM4 5PAGE - - AREA-2.429 SQ.FT. AREA=27.104 SQ.FT. o w E.LIBERATOR CT. E LIBERATOR LANE m ! N O Cd C NOT TO SCALE 5/17/2021 e PREVAIL NORTH - PHASE 3 nao L�c�xn.r..�`nn,rr° 21028 MERIDIAN, IDAHO OPEN SPACE EXHIBIT X1.0 PM1one2®•318.6'163 36fi1 Nor[M1 r3lmwootl 9treel 3artlen❑ry,ltl�o83]19 Page 20 Page 200 Item#12. F. Concept Plan—Brighton Parcel(S 1131244500) �JII I I I I I I I � I , Area of concern/discussion between two projects. J � 1 I I � \ I I I ' � I \ I `i 0 n c m 0 G v E LAKE HAZEL ED. _ I I Page 21 Page 201 G. Conceptual Building Elevations Sample Elevations 3 = g Page 22 Item#12. Sample Elevations _F t � Page 23 Page 203 Item#12. 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 approved plat, landscape plan, and conceptual building elevations included in Section VII and the provisions contained herein, including a Council Waiver to remove the stub street to the north property boundary. b. The rear and/or sides of 2-story structures that face S. Meridian Rd., an entryway corridor, shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches, balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. c. All amenities and common open space within Prevail Subdivision(aka Percy Subdivision) and Prevail North Subdivision shall be owned and maintained by the same homeowner's association to ensure shared use in perpetuity. 2. The preliminary plat included in Section VII.B, dated May 7,2021, shall be revised as follows prior to submitting for Final Plat approval: a. Revise the plat to show the landscape buffer common lot along Meridian Road to be at least 35 feet wide consistent with the required dimensional standards along an entryway corridor or apply for Alternative Compliance,per UDC 11-5B-5. b. Add a plat note stating that direct lot access to S. Meridian Road/SH 69 is prohibited. c. Revise the plat to remove the stub street from the west cul-de-sac to the north property boundary,per the approved City Council waiver. 3. Revise the landseape plans, open spaee exhibit, a*d all other-r-eleva+it pla-as to r-efleet the revised pfeliminary plat layout and provide revised plans to staff at least fifteen (15) days prior-to the City Couneil hearing. 4. The landscape plan included in Section VILC, dated Mash May 17, 2021, shall be revised as follows prior to submitting for Final Plat approval: a. Revise the plan to show the required landscape buffer along Meridian Road to be 35' instead of 25' or apply for Alternative Compliance,per UDC I 1-513-5. b. Mwve one of the-tfees lee-ated on the sewh side of the mier-e-pta4hway intl� neAhwest eemer-of the site to the nefth side of the pathway eansistent with UDC 11 Page 24 Page 204 Item#12. c. Remove the center planter bed within the large open spaee > shown as Lot 1, . Plant the proposed 9 foot wide parkway along the norh side of Libera4er-rt-feet with a4 least one (1)tfee per-3 5 linear-feet eonsistent with UDG 11 3B e. Any landscaping within the ITD right-of-way shall be landscaped in accord with UDC 11-313-7C.5. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 7. The Applicant shall comply with all ACHD conditions of approval. 8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-313-6 and MCC 9-1-28. 9. Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit a public access easement for the multi-use pathway segment along Meridian Road to the Planning Division for approval by City Council and subsequent recordation. The easement shall be a minimum of 14' in width(10' pathway and 2' shoulder on each side). 10. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-313-14. 11. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-613-7. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Services must tie into sewer mains at a 90-degree angle from the main. Lot 33,Block 1 either needs to be modified to a 90-degree angle into the main, or should be connected to SSMH 2. 1.2 Install water main in S Keyport Ave to connect to the existing water stub from Prevail Subdivision No. 2. 1.3 Contact Public Works Engineering to discuss the water stub to the City of Meridian property to the North. 1.4 A streetlight plan is required to be submitted with the Final Plat application. 1.5 A fixture streetlight installation agreement is required for the streetlights on Meridian Road. Page 25 Page 205 Item#12. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used, or provide record of their abandonment. 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. Page 26 Page 206 Item#12. 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. 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.meridianciU.oMIgublic_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. Page 27 Page 207 Item#12. 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://weblink.meridianci(y.oLvlWebLinkIDocView.aspx?id=226061&dbid=0&repo=MeridianC Lty D. BOISE PROJECT BOARD OF CONTROL(BPBC) https://weblink.meridiancity.org WWebLinkIDocView.aspx?id=226128&dbid=0&repo=MeridianC Lty- E. PARKS DEPARTMENT—PATHWAYS https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=22 7571&dbid=0&repo=MeridianC Lty- F. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=226096&dbid=0&repo=MeridianC Lty G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https://weblink.meridiancity.or lWebLink/Doc View.aspx?id=226020&dbid=0&repo=MeridianC Lty- H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianci(y.or lWebLink/Doc View.aspx?id=226474&dbid=0&r0o=MeridianC Lty- I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianci(E.or_/WebLink/DocView.aspx?id=228248&dbid=0&repo=MeridianC ky IX. 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; Council finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-8 zoning district with the proposed preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. Page 28 Page 208 Item#12. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment and the request for the development complies with the regulations outlined in the requested R-8 zoning district and is consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Council 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 Council 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. Council finds the annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat 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; Council 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, Council 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; Council 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, Page 29 Page 209 Item#12. Council 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 has offered their support of the proposed development with the proposed road layout in mind. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 30 Page 210 Item#13. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Shafer View North, LLC (Owner/Developer) for Shafer View Terrace (H-2020-0117) Located at the East Side of S. Meridian Rd./SH 69, Midway Between E. Amity Rd. and E. Lake Hazel Rd. Page 211 EE ADA COUNTY RECORDER Phil McGrane 2021-102396 BOISE IDAHO Pgs=60 CHE FOWLER 07/07/2021 10:16 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Shafer View North LLC, Owner/Developer TNT DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 6th 'day of July _, 2021, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian,Idaho 83642 and Shafer View North LLC,whose address is 5356 N. Troon Pl.,Boise,ID 83713, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of land in the County of Ada, State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§ 67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 40.48 acres of land to the R-2(Low Density Residential)zoning district and R-4 (Medium Low Density Residential) zoning district on the property listed in Exhibit"A",under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the DEVELOPMENT AGREEMENT—SHAFER VIEW TERRACE(14-2020-0117) PAGE 1 of 7 0 Item#13. C ity of Meridian planning jurisdiction, and includes further testimony and comment; and 1 * 7 WHEREAS, on the 15th day of June, 2021 , the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and order ("Findings"), which have been incorporated 4b into this Agreement and attached as Exhibit "B"; and 1 , 8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final Plat,- and . 9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1910 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in. accordance with. the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian an. December 19 , 2019, Resolution No. 19-2179, and the UDC, Title I 1 .9 NOW, THEREFORE, in cons ideration of the covenants and conditions set forth herein, the parties agree as follows : 2 • INC()RPORATION OF RECITALSo That the above recitals are contractual and finding and are incorporated herein as if set forth in fall. 3 • DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein. provided for., unless the dear context of the presentation of the same requ6 ires otherwise : 3 . 1 CITY: mans and refers to the {City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway A-venue, Meridian, Idaho 83642 , 3 .2 OWNER/DEVELOPER: means and refers to Shafer View North LLC, whose address is 5356 N. Troon Pl . , Boise, ID, here4P inafter called O"ER/DEVELOPER, th e p arties that own said Property and shall include any subsequent owners'') and developer �(s) of the Property. 10, DEVELOPMENT AGREEMENT - SHAPER VIEW TERRACE (H-2020-0117) PAGE 2 OF 7 Page 213 Item#13. 363 PROPERTY.* means and refers to that certain parcel(s) of Property located in the County of Ada, City of Merid ian as in Exhibit "A" describing a parcel to be annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 40 USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Properly in accordance with the tens and conditions of this Agreement. 4. 1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC . 462 Na change in the uses specif ed in this Agreement shah be allowed without modification of this Agreement. 50 CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROP.ERTY : 5 . 1 . Owners and/or Developer shall develop the Property in accordance with the following special conditions : a. Development of the subject property shall be generally consistent with the preliminary plat, phasing plan, landscape plan and conceptual building Is elevations contained in the Staff Repot that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B". b. A I 0-foot wide multi-use pathway is required to be constructed along S . Meridian Road/SH-69 in a public use easement in accord with UDC 11 -3H- 4C -4. c. Noise abatement is required to be provided within the street buffer along S . Meridian Road/SH-69 in accord With the standards l isted in UDC 11 -3 H-4D. d. A final play shall be recorded that includes Lot I , Block 7 prior to any development occurring on the property. e . The developer shall construct a northbound right-turn land on S . Meridian Road/SH-60 onto E. Quartz Creek Street prior to issuance of the first building; permit in the first phase of development in accord with ITD standards. 6 . CQMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findzng� for th e annexation and zoning or i� is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 701 Acts of Default. Either party' s failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7*2 Notice and Cure Period. In the event of Owner and/or Developer' s default of this Agreement, owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the DEvELopwNT AGREEMENT -- SHAPER VIEW TERRACE (H-2020-0117) PAGE 3 OF 7 Page 214 Item#13. breach and cure the default, which action must be prosecuted with diligence and comIt pleted within one hundred eighty ( 180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty ( 180) day period, then the time allowed to cure such failure maybe extended for such period as may be necessary to complete the curing of the same with dili gence and continuity. 7 . 3 Remedies . In the event of default by Owner/Developer thatis not cured after notice as described in Section 7 .2, Owners and/or Developer shall be deerned to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City compliance with all applicable laws, ordinances and rules, including and applicable provisions of Idaho Cede § § 67-6509 and 67-6511 . Owner/Developer reserve all rights to congest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specif c performance of the covenants, agreements, conditions, and obligations contained herein. 794 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that ��.re beyond the reasonable control of the party responsible for such performance, which shad include, without limitation, acts of civil disobedience, strikes or s imilar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. g • INSPECTIQN: Owner/Developer shad, immediately upon completion of and portion or the entirely of said development of the Propel as required by this Agreement or by C11 ity ordinance or policy, notify the City Engineer and request the City Engineer' s inspections and writtiCk.n approval of such completed improvements or portion thereof in accordance with the terms atid conditions of this Agreement and all other ordinances of the City that apply to said Property. 90, .REQUIREMENT FOR RECORDATION: City shah record this Agreement, including all of the Exhibits, and submit proof of such recording to owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the pit y Council fails to adop t the ordinance in connection with the annex ation and zoning of the Properly contemplated hereby, the C ity shall execute and record an appropriate instrument of release of this Agreement. DEVELOPN/iENTAGREEMMNT - SHAPER VIEW TERRACE (H-2020-0117) PAGE 4 OF 7 Page 215 Item#13. lot ZONING : City shall, following recordation of the duly approved Agreement, enact a 1* val '1 d and binding ordinance zoning the Property as specified herein. lie SURETY OF PERFORMANCE : The City may also require surety bands, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the 4 UDC , to insure theinstallation of required improvements-, which the Owners and/or Develop er agree to provide, if required by the City. 120 CERTIFICATE OF OCCUPANCY.* No C rtifi cafes of Occupancy shall be issued in any phasein whic h the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is prov ided by Owner/Developer to the City in accordance with Paragraph I 1 above. 13 * ABIDE BY ALL CITY QRDINANCES : That Owner/Developer agree to abide by all ordinances of the City of Men" dian unless otherwise provided by this Agreement. 14 .0 NOTICES : Any notice desired by the parties andlor requir 4kd hey this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Maid, registered or certified mail, postage prepaid, return receipt requested, addressed as follows . CITY: with copy to * City Clerk City Attorney City of Meridim Ci ty of Meridian 3 3 E - Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER, Shafer View North LLC 5356 N. Troon Place Boise, ID 83713 14 . 1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section . 150 ATTORNEY FEES : Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court cots and reasonable attorney s flees as determined b y a Court of competent jurisdiction. This provision sh a ll be deemed to b a separate contract between the parties and shad survive any default, termination or forfeiture of this Agreement. 16 ., TIME IS OF THE ESSENCE : The parties hereto acknowledge and agree that time is strictly of the essence with respect til each and eve ry term, condition and provis ion hereof, and that the failure to timely perform any of the obli gations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 170 BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties ' respective heirs, successors, assigns and personal representatives, DEVELOPMENT AGREEMENT - SHAPER VIEW TERRACE (H-2020-0117) PAGE S OF 7 Page 216 Item#13. including City' s corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners and/or Developer, t cute appropriate and recordable evidence of termination of this Agreementif City, in its sole and reasonable discretion, had determined that Owners and/or Developer have fully performed their obligations under this Agreement. -I S . INVALID PROVISION : If any provision of this Agreementis held not valid by a court of competent jurisdiction, such provision shal l b deemed to b excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19 , DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party 11 Shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20 , GOOpERATI4N OF THE PARTIES : In the event of any legal or equitable action or other proceeding instituted by any th ird p (including a governmental entity or official) Challenging the validity of any provision in phis Agreement, the parties agree to cooperate in defending such action or proceeding. 2 1 • FI.NAL AGREEMENT : This Agreernen� sets forth all promises, indueements, agreements, condition and understandings between Owner/Developer and City relative to the sub ect matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are sated herein, Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in i nterest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21 . 1 No condition governing the uses and/or condi tions governing re-zoning of the subj ect Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice prov is ions prov ided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22 . EFFECTIVE DATE OF AGREEMENT : This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. fiend of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT - SHAPER VIEW TERRACE (H-2020-0117) PAGE 6 OF 7 Page 217 Item#13. ACKNOWLEDGMENTS IN WITNESS WHEREOF., the Par��es have herein executed phis agreement and made it effective as hereinabove provided. OWNER/DEVELOPER, Shafe iew NorLLZ Y: Its ' M r1 � � - �� - CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 7-6-2021 Chris Johnson, City Glerk 7-6-2021 STATE OF IDAHO ) ss : County of Ada ) On this �s'�'day of V41 ej , 20214e4rS fore me, the undersigned, a Not Public eta and for said d Stag., pe rsonally appeared G5 �/1. known or identified to me to be the OMAA111 of Shafer View North LLC, and the person who signed above and acknowledged to me that he e cuted the same on behalf of said entity. IN WITNESS WI-IEREOIF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ov % 111111001OTAL �� (SEAL) �•�• ��T'�� ••., -� Notary b1fic for o� - ;= REG # 81474 ': do Residing; at:INN MY Comm My Comniksion Expires: 14 It IV EIS411 ,. STATE OF IDAHOSS } '• • County of Ada } 4''�� OF ��llfflt1t%% On this 6th day of i u I , 2021 , before me, a Notary Public, personally appeared Robert E. Simpson and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN FITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian , Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT - SHAPER VIEW TERRACE (H-2020-0117} PAGE 7 OF 7 Page 218 Item#13. Exhibit A Annexation Legal Description & Exhibit Map ON . .��_'- ` SE III?' YIf r il,41"�1I13 1, $tAA ,Z� Annexation farad Description A parcei of farad being a portion of the North Ftclf of Oti-arter of Section 31, Township 3 North,Range 1 East of the Braise M eridiara,Ada County,Idaho and all of LDt 4,dock 1 of Shafer Vievv Estates 5ubdivi5imi as recorded in Book 64 of Plats at Pages 9403 and 94+04, Recwi&oaf Ada Courtbj,said parer';is locati-id in the Ntail Ralf of the SoutfiwestQua rterof Section 31,Tovtnship,North,Range 1.Ea5t of the Boise Meridian,lido County,Idaho,lreiDF� more prOCUlWiy de;a;rifl d M frslfOW. ; OEGtPdNING at the found aluminum cap monumetnt atthe Quarter Cornerrommon to Section 11,TN,RIF.and Sectmn�xj, T3N,R1W as p&pet€sated by docoment 103052680,Records of Ada County.from which the found brass rap at the tcrvn-ihip cr'mer r-ammon to Towrnhip 3 NW01,AM U--5 1 i_ast Ond 1 West,and 2 North,Rang(-,5 1 Ea5t and 1 West as p�,rpttuatvd by document 2019-a15474,Records of Ada County near 5 00'05'17"E a distance of.2669.99 feet; Thence N 89'S7'IS'E along the mid-section lime for a distance of 2.507.75 feet to the ciort:heast coe'rrea of said Lot 4; Thence 5 00"17'0'W along the easimly line of said Lot 4 frar 4[_j5tanc e of 1342.4t3 reet; Thence alone;[dire southerly boundary of:,aid Lot 4 the following 6 courses and distances: 1.) N PT 52'35"W for a ds;zance of 130.40 feet; 2_) N 23`55'33"W for a distance of 170.53 feet; 3,) N 16`3.5,10"W for a dl 5t-,ince.of 254M feet; 4,) N 14`4 Y 14"W for a distance of 194.52 feet; 5_j N 31"29'55'W for a distance of 113.67 feet; 6.) W 99"14'4T'W for a distance of 14-1-74 feet; Tlrence 5 3d"28'44."1iu frsr a distance of 1(M43 iePT t4 the rpnterline of F.Shafer Viaiv Drive; 1-hence N 55'28'413"W along said centerline'for a distance:of 100,09 feet; rlience leavd.ngsaid co-meline N 34`41`11"E for a disc fnce of 10T53 fcM-, Thence alangthe southerly boundar xof said Lot 4 thefol'Imaing 15 courses and distances: 1.) N Gut"09'19"E far a distance of 90.81fvet; 2.) OI 26"42'26"W for a distance,of 95,32 feet; 3.) N 5G"39'37"W for a distance of 87.95 feet.- 4.) N 75"35'35"W for a distance of N_e R fee:, I 102 4' Hags St jigle 3U6.P.�arse,IU if3i 02-Phone:204.4 96-4217 l.nwr ac:urales urtrey era corn Shafer View Terrace H-2020-0117 Page 219 Item#13. r ACCU 1E ROOM U F 11 E y I M �i r 1'14 S.) N 96'33' 28"W fora distance of 185.49 feet; 6.) S 71'44'26"W for a distance of 113.88 feet; 7 ) S W 59' 78'W for a distance of 11230 feet; 3,) N 76'5 2'47"W for a distance of 2 11),54 feet; 9.) S 78'3 V 59"W for a distance of 45-73 fe ct; 10.) 5 51-53'13-W for a distance of 147.64 feet; 11.1 S 65-24'SY'W For a distame,of 258.22 feet; 11) 5 17'39'49'W for a distance of 98.75 feet; 13,) 5 03'51)'33"E for a distance of 50,00 feet; 14.) 88-38 feet along the are of a 275.00 foot radius curve right bavhig a central angle of 18'24' 12j'and a long chord bearing N 84"38' 15"W a distance of 88.00 feet; 15,) S 28'48'47"W for a 0 tanCe of 296.91 feet to the camerlina of E.Shafer View Drive; Thence along said centerline the following 4 courses and distances', 1,) 103.63 feel along Lhe are of a 500M foot radius curve right having a central angle of 11'52'28"and a lorig,chord karing N 470 59'54" W for a distance of 103,44 feet; 2.) N 42'01'36" W for a distance of 107.12 Feel; a.) 83,86 feet along the art of a 1M.00 foot radius ctkrve left having a renlral angle of 48'02'45' and a long chord bearing N 66'02'58"W-a distance of 81-42 feet; 4,) 5 89'55'39'W for a distance of 2113-88 feet to the section line; Thence N G0'05' 17" W Mong the seeflon line for a distance of 902-03 feet to the REAL POINT 01F SEGINNIKS, Parcel contains.40,483 acre5.,more or less- Cr 1602 W. Hays St, Suite 3W Boise 10 83702 - Phone.209-40-4227- Item#13. AIVIVHXATIOIV MAP PARCEL LYING IN THE N 112 OF THE SN 114, SECTION 31, T.3N., R.I E., B.M. 38 1 31 r�s$t n. os&o�a N 83`57'18" £ 2507.75' LOT 4 BLOCK 1 SHAFER VIEW ESTATES TES 40.a8Ji ACMES F�yi ^ L1a 06 L14 L1g SCALE: 1 =300' � z � f L22 " r� L25 C3 ^� C 1 Ca o '.OTF' 31 F Srf-FT F[7R l � L 1 LEGEND ANNEX BOUNDARY �� t � ACCURATE —————— ———— SECTION LINE" T,3N f?1 ylF,J6i 31 T3N R2YV f J FOUMO .3 1/2" BRASS CAP MONUMENT !� T2N R 1'W 1 B 12N R21Y � { ) � 1602 W.Hays SV2eC 9306 � — ———— FOUND 2" ALUMINUM CAP y ,� � Baisc,Fdaho 83702 CPCF W3T nb. [208;4a8 42V CALCULATED POINT s �" v:tivw.accuratesunnyors,com �RVI� SHEET 1 OF 2 J05 20-227 Page 221 ttem#13. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN:-� AND DECISION & ORDER In the Matter of the Request for Annexation of a Total of 40.48-Acres of Land with R-2 (10.66 acres) and R-4 (29.82 acres) Zoning Districts; and Preliminary Plat Consisting of 50 Buildable Lots and 10 Common Lots on 39.01-Acres of Land in the R-2 and R-4 Zoning Districts for Shafer View Terrace Subdivision,by Breckon Land Design. Case No(s). H-2020-0117 For the City Council Hearing Dates of: March 9,April 13,May 18, and,tune 1,2021 (Findings on June 15,2021) A. Findings of Fact l. Hearing Facts(see attached Staff Report for the hearing date of June 1,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 1,2021, incorporated by reference) 3. Appiication and.Property Facts(see attached Staff Report for the hearing date of June 1,2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of.Tune 1, 2021,incorporated by reference) B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 1 I Meridian City Code,and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the conunent(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHAFER VIEW TERRACE—AZ,PP,PS H-2020-0117 -I Page 223 Item#13. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 1,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation&Zoning and Preliminary Plat is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of June 1, 2021,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments,if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. 1f the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved,said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHAFER VIEW TERRACE—AZ,PP,PS H-2020-01 l7 -2- Page 224 Item#13. agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 1,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHAFER VIEW TERRACE—AZ,PP,PS H-2020-01 l7 -3- Page 225 Item#13. By action of the City Council at its regular meeting held on the 15th day of June 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 6-15-2021 Attest: Chris Johnson 6-15-2021 City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: Dated: 6-15-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHAFER VIEW TERRACE—AZ,PP,PS H-2020-01 l7 -4- Page 226 Item#13. EXHIBIT A STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING June 1,2021 Legend DATE: Continued from: March 9, April 13. and May 18, 2021 !!_ TO: Mayor&City Council FROM: Sonya Allen,Associate Planner �i 208-894-5533 SUBJECT: H-2020-0117 Shafer View Terrace—AZ,PP ` LOCATION: East side of S. Meridian Rd./SH 69, - midway between E. Amity Rd. and E. ; Lake Hazel Rd.,in the SW =/4 of Section 31,T.3N.,R.1 E.(Parcels#R7824220044 ---- + &#R7824220042) �, ,y I. PROJECT DESCRIPTION Annexation of a total of 40.48 acres of land with R-2 (10.66 acres) and R-4(29.82 acres)zoning districts;and Preliminary Plat consisting of 50 buildable lots and 10 common lots on 39.01 acres of land in the R-2 and R4 zoning districts. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 39,01 acres Existing/Proposed Zoning RUT in Ada CountylR-2 and R-4 Future Land Use Designation Low Density Residential(LDR)(3 or fewer units/acre) Existing Land Use(s) Agricultural land Proposed Land Use(s) Single-family residential(SFR) Lots(#and type;bldg./common) 50 buildable lots/10 common lots Phasing Plan(#of phases) 2 phases Number of Residential Units(type 50 SFR detached dwellings of units) Density(gross&net) 10� 1.76 units/acre(gross);3.30 units/acre(net) Open Space(acres,total 5.26 acres(or 18.55%)overall common open space—4.05 [%]Ibufferlqualified) acres(or 14.27%)of which is qualified open space Amenities Multi-sport court,tot lot,gazebo shade structure,multi-use pathway Physical Features(waterways, The McBirney Lateral runs along the southern boundary f Wards,flood plain,hillside) and through the western portion of the site. Another — Page I Page 227 Item#13. UescrF tion DetaUs Page waterway exists on the eastern portion of the site between the proposed R-2 and R-4 zoned properties. Neighborhood meeting date-,#of 10113120: 14 attendees attendees: History(previous approvals) This property was previously platted as Lot 4,Block 1, Shafer View Estates,developed in Ada County and recorded in 2002(Bk.84,Pg.9403). It was deed restricted and was only allowed to be used for open space as defined in the non-farm development section of the Ada County code and the planned development section of the Ada County code for a period of not less than 15 years from die recording date of the subdivision plat. This property was originally proposed to he annexed with the adjacent Apex de►ielopmen r but was later withdrawn. B. Community Metric~ De.scri lion Details P Ada County Highway District • Staff report(yes/no) Yes(draft) ■ Requires ACHD No Commission Action (yes/no) Access Access is proposed via E.Shafer View Dr.,local street,and E. (Arterial/Collectors/State Quartz;Creek St.,collector street HwyfLocal)[Existing and Proposed] Traffic Level of Service ACHD does not set LDS thresholds for state highways. Stub No stub streets exist to this property and no stub streets are StreetllnterconnectivitylCros proposed to adjacent properties. s Access Existing Road NetWork S. Meridian Rd.ISH-69 exists along the west boundary and E. Shafer View Dr.exists along the south boundary. Existing Arterial Sidewalks 1 No sidewalks or butters exist along S.Meridian Rd.ISH-69,a Buffers state highway,or E. Shafer View Dr..a local street Proposed Road Capital"provements Plan(CIP]r Integrated Five Year Work Plan tiFYWPJ: r Tlie inlefseCllon of Amity Road and Meridian RoadrSH-69 is IlrtWd in me CIP ID be'A ldened Improvements to 6-lanes on the north leg.61anas on the South.7-4anes on the east,and I-lanes on the west leg.and signalized between 2031, 15- The interssetton of Lake ftazsi Road and Mendlen Roa"H-69 is listed in the CIP Iv br wd ried to 6-lanes nn the norm leg.e4ianas on Ina south,7-lanes on the east and planes on the west leg.and signalized benveen 2036-2(MC- • Amity Road is listed in ltw CIP to be widened 0 5•tanes froth Meridian RoadQSH•69 to t-dcusl Grove Road belween 203t9.2040. LAke Hazel Read is baled in the CIP la be widened to 3-lanes from Under Road Id Meridian R6sd)SH-69 between 2036-2440. • }..eke Hanel Road l9 listed In Ine CIP to be widened to 5-lanes from Meridlan Rd4dISH-69 to tmust Grove Road between 2036-W40. • Amity Road Is scheduled in lee IFYWP for pavernent reriabilitahon and pedearnan ramp conslrucGon from Meridian RoadrSH-69 W L=&L Grove Road In 2022, Fire Seance a Distance to Fire Station 3.5 miles . Fire.Response Time Falls within 5:00 minute response time area-nearest station is Fire Station#6 -can meet response time goals • Resource Reliability 87"fie-does meet the target goal of 80%or greater Page 2 Page 228 Item#13. Description Details P ■ Risk Identification 2—current resources would not be adequate to supply Service (open waterways) fe Accessibility Project meets all required access,road widths and turnaround. ■ Special/resource needs Project will not require an aerial device; can meet this need in the required timefrafne if a truck company is required. ■ Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings are fully sprinklered. ■ Other Resources Police Service ■ Distance to 4 miles Police Station ■ Police Response The average emergency response time in the City is just under 4 minutes meets Time target goal of 3-5 minutes) Meridian Police Department-Shafer View North touleo-of rtew development- East of ft Mef Ia-an Ad Between!An illy Fri 3 E lade rfaeei 1,141 Tlme Frame- 43/41/Z019-12/31/2020 teveI of 5ervrce ILOS)-Delivered By Reporting Qisiritt;RD-M7771 Calls for Safvice ICMJ:ftesponsr times: DIspatch to Arrival(all units) Average Response Times by Priority: 'City of Meridian' Priority 3 fropf+ryrrr+-r..?h.n d t,$—rro"I 343 Prrrvity 2 1Mk1 G-VO 05 WONR8 m 10MWV4asl f 11 priaMy 2*Ae v 6go d hyrhm is fV V r•AMKw it 37 r'.vvra Ke Response Times by Priority."I M PnoMry 3 5:42 Prro0ey 2 11:43 priority 2 8-36 Calls for Seryrte ICF51-faIts occurring In RD'M77r CFS Count toloe 55 76 of Calls far Service xplit by priority in'M777' of V.ofa2 m is s'x %of Yl CFS 13.6% b of Pa Crs 0-MI• crimes Crime Caern!rdmf 22 {rashes 'Crash Count Total 46 Analyst Note isl: Response rime and Calls for Service({FSI by PriMitY-Most frequent pnonty call types; •P her sty 3 0115 inVIAVind Sdblesl at She DAtw. •Priority 2 calls most frequently invoked Traffic Stops.Stalled vehicles.and Welfare Cirimb(411 Hartg Llpsi. •Priorlry:calls ma:i trequentIV invoked No Comart order Report,VIN InspWions,and Cltimn Asslsrs. creme urred�t�] Masi f enurnt crimes fn"Iytt •odymg Undty t.ho InRuence,and •Lsau6r Law Viotations{open C4nrdlnor IPrvarl,AWholk Rovera®e Pbfselslen Under Age 21.Rot-).aqd •DfLWJNefcahr Vi41.1tlansfpoeaebsian ofMarlmana), 'Crashes Most frequent crashes were; •413'lr,lnlUry type crashes, •25,1%property damage mpvfis,and •32.6%nor.-reportable trashes, Prl6rl�Rr�}o8ris�Times prlMrd-_ Peiprky 0 type caH:are Ise 4nerlty roo of caiii Priority 3 pv"c,r1ls aft For non-rn7rrgfrxV tsw of fA11%whpf*Ih►n1f1W Will rrnw it rhr ewrlrrsi runv.nWK0,anfl rnAl$CO".r{I "alrk layA. Priority 2 type calls require an urgent"%puns&where the efhoer will arrive as won as pracdca 1,and should obey all traffic Uwv Pnorlty 3 type calls are ari enrerger;y response In wbicil tiro lights and sr"and drpong::i authiamed for an emergency veil role W I laho Cade to Ianlit are tloe quick and We arrival of ae vflir-er to the scene. West Ada School District o Distance(elem, ms.hs) Page 3 Page 229 Item#13. ■ Capacity of fomllme Miles Schools Mary McPherson Elementary• 491• 675 1.3 #of Students Victory Middle School 868 low 2.8 Enrolled Mountain View High School 2218 2175 3.9 'Enrollment number 4 estimated for the 2021-ZOZZ school year based on current enrollment and future growd+in the respective attendance area.It reRwschanges made to the Mary McPherson Elementary attendance area. e #of Students Predicted from 35 school aged children predicted from this development by WASD. this development Wastewater ■ Distance to Directly adjacent Sewer smices * Sewer Shed South Black Cat Trunk Shed ■ Estimated Project See application Sewer ERU's WRRF Declining 14.42 Balancc a P.roj ect Yes Consistent with WW Master Plan/Facility Plan ■ Impacts/concerns ■ Flow is committed o See Public Works Site Specific Conditions Water . Distancc to Water Directly adjacent Services ■ Pressure Zone 5 Estimated Project See application Water ERU's ■ Water Quality None ■ Project Yes Consistent with Water Master Plan ■ im acts/Concems See Public Works Site Specific Conditions Page 4 Page 230 Item#13. C. Project Area Maps Future Land Use Map Aerial Map Legend `u"c legend ��Proiec'+Loco=.ten ,,,� � �Pro;eo+Luca is ti F, Medium Dons' 4 Residential }. MU-RG Mecl-liig'h enW Residential Toning Map Planned Development Map Legend I R! Legend 01 RUT— ■■ �P•oieclLeco=ocr 1 03Projec=Loco-ar -- � y_ I y R1 c,rty um R-$ 4 —Par redF� ce= R � - ffl RU•T R-4 �} I. RUT ' R-15 C-G ' z I,4 n - - - - r , RUT A. Applicant: Mary Wall,Breckon Land Design—PO Box 44465,Boise,ID 83711 B. Owners: James Chambers,39,LLC—5356 N.Troon PI., Boise,ID 83713 DWT investments,LLC—2929 W. Navigator Dr., Ste. 404,Meridian, ID 83642 C. Representative: Same as Applicant Page 5 Page 231 Item#13. III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 1 II.512021 2/19/2021 newspaper Notification mailed to property owners within 300 feet I11212U21 21 i�1202 i Applicant posted public hearing notice on site 1/21/2021 2/25/2021 Nextdoor posting t11212021 2/16/2021 IV. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Low Density Residential (LDR). The LDR designation allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources, recognize view sheds and open spaces, and maintain or improve the overall atmosphere of the area. The use of open spaces,parks, trails and other appropriate means should enhance the character of the area. The proposed development consists of a total of 50 single-family detached dwellings on large lots [i.e. 12,000 square foot(s.f.)minimum] on 39.01 acres of land at an overall gross density of 1.76 units/acre,which falls within the density range desired in LDR designated areas. This property abuts a County subdivision,Shafer View Estates,to the south and will provide a transition to future urban properties to the north,zoned R-4 and.R-8. The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian"s present and future residents."(2.01.02D) Only one housing type, single-family detached, is proposed which Staff believes is appropriate dare to the large lot sizes and density desired in LDR designated areas. The variety o,j lot sizes (i.e. 8,600-23,600 sf) proposed will provide for diversity in stvles ❑f homes, which Stuff believes will contribute to the variety of'housi►rg in the City to meet the preferences and financial capabilities ofMeridia►i:s present andfiature residents. "Pen-nit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City rater and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. ■ "Encourage compatible uses and site design to minimize conflicts and maximize use of land" (3.07.00) The proposed density and lot sues should be compatible with the rural residential horneslproperties to the south on 1+ acre lots in the Count.1,sand facture urban residential development to the worth and east in the Ct.'tj7 Page 6 Page 232 Item#13. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03,03A) The proposed development will connect to City water and sewer systems; services are required to be provided to and though this development in accord with current Citv plans. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services."(3.03.03F) Cite rater and sewer-services are available to this site and can be extended bIv tine developer with development in accord with UDC 11-3A-71, The emergency response times for Police Dept. and Fire Dept. meets the established goals. + "With new subdivision plats,require the design and construction of pathway 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) A 111.1oot wide multi-use pathway is proposed within the street baffler along S. Meridian Rd.ISH--69 as required b-v the Pathwa}?s Master Plan and UDC 11-3H-4C.4. A total of 4.05 acres ofquali ed open space is proposed along with qualiti,amenities (i.e. .sports court, gazebo, tot lot, multi-use pathw v). + "Evaluate comprehensive impacts of growth and consider City Master Plans and.Strategic Plans in all land use decisions (e.g.,traffic impacts,school enrollment,and parks)." (3,01.01A) Tire TraIf c Impart Studv(TYS) was not required by ACHD for-this development. WASD submitted comments stating that approximately 35 school raged children are estimated to be generated by this development,-enrollment at Alary McPherson Elementary School and Victor} Middle School is currently under capacity and Mountain View High School is over capacity,(see Section V11I.1).According to the Community Development's school impact analysis, enrollment at )Victory Middle School will be slightly over capacity at build-out of building perrrtits already issued in this area at 104%(Mary McPherson will be 95%and Mountain View will be 109%) (see Section VIIIJ). The closest Citv Park to this site is Discovery Park, consisting of 77-acres, to the southeast on E. Lake Hazel Rd., 1I4 mile east of'S. Locust Grove Rd. A_ifture Cihl Park is designated orz the FLUM within a halfmile of this site to the west. • "Require all development to create a site design compatible with surrounding uses through buffering, screening,transitional densities,and other best site design practices."(3.07.01 A) The proposed site design features a 1:1, 2:1 and 3:1 transition in proposed lots to existing Iots in Shafer View Estates to the south. These lots are separated by an existing 41;foot wide easenient.for•the McBirney Lateral which provides an adder)bu&-between rural lots and proposed r.trban lots. • "Require urban infrastructure be provided for all new developments,including curb and gutter, sidewalks, water and sewer utilities."(3.03.036) Urban sewer and water iniastructure and curb, gaper-and sidewalks are proposer)as required with this development. Page 7 Page 233 Item#13. In surr many, 5taffbelieves the proposed de►relopnient plan is generally consistent with the vision gf'the Comprehensive Plan per the analvsis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS UI A. Annexation: The proposed annexation is for 40.48 acres of land with R-2 (I0.66 acres)and R-4(29.82 acres) coning districts, which includes adjacent right-of-way to the section line of S. Meridian Rd.ISH- 69 and to the centerline of E. Quartz Creek St. A total of 50 residential dwelling units are proposed to develop on the site at an overall gross density of 1.76 units per acre consistent with the associated LDR FLUM designation for the site. Although the proposed density is more consistent with an R-2 (Low Density Residential)coning district,the Applicant requests R-4 in order to provide a transition in lot sizes between the existing rural residential subdivision to the south(Shafer View Estates)and the future urban residential subdivision approved to the north(Prevail Subdivision),zoned R-8. Larger lots are proposed adjacent to the southern boundary that gradually transition to smaller lots to the not-tit. The property is contiguous to City annexed land and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area along with individual legal descriptions and exhibit reaps for the R-2 and R--4 zoning districts are included in Section VIII.A. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511 A. To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application, Staff recommends a new DA is required with this application,containing the provisions noted in Section VIII.A, as discussed below. B. Preliminary Plat: The proposed plat is a re-subdivision of Lot 4, Block 1, Shafer View Estates,developed in Ada County and recorded in 2002 (.Bk. 84,Pg. 9403).This lot was deed restricted and was only allowed to be used for open space as defined in the non-farm development section of the Ada County code and the planned development section of the Ada County code for a period of not less than 15 years from the recording date of the subdivision plat. The required time period has elapsed and the lot is now eligible for redevelopment. The proposed preliminary plat consists of 50 buildable lots and 10 corrutron lots on 39.01 acres of land in the R-2 and R4 zoning districts.The subdivision is proposed to develop in three(3) phases as shown on the phasing plan in Section VII.B. The first and second phases consist of 28.35 acres and is proposed to develop with 50 single-family detached homes at a gross density of 1.76 units per acre and a net density of 3.30 units per acre with an average lot size of 13,444 s.f.The third phase consists of 10.66 acres and is proposed to be platted as one large lot that will be developed at a later date under a separate application by the property owner. This portion of the site is under separate ownership from the rest of the site and was previously illegally split off; therefore. it's ineligible for development until included in a subdivision to create a legal lot for development purposes. Existing Structures/Site Improvements: There are no existing structures or site improvements on this property other than a private drainage facility on Lot 6, Block 6. - Page 8 Page 234 Item#13. Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted uses in both the R-2 and R-4 zoning districts per UDC Table 11-2A-2: Allowed Uses in the Residential Districts. Dimensional Standards (UDC Il-2j): Development of the proposed Iots is required to comply with the dimensional standards of the R- 2 district in UDC Table 11-2.4-4 and the R-4 district in (UDC Table 11-2A-5), as applicable. Subdivision Design and Improvement Standards(UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3,including but not limited to streets and block face. Block faces are limited to 750' in length without an intersecting street or alley but may extend up to 1,000' where a pedestrian connection is provided as set forth in UDC 11-6C-3F.3. City Council may approve a block face up to 1,200' in length where block design is constrained by certain site conditions that include a large waterway orinrigation facility;block faces over 1,200 feet require a waiver from Council. A 90 degree tune in a roadway may constitute a break in the block face; however, overall pedestrian and vehicular connectivity will be considered when evaluating the appropriateness of block lengths greater than 750' in length—additional pedestrian and/or roadway connections may be required. The face of Block 3 exceeds 1,200' and does not provide a pedestrian connection other than the emergency access driveway which may serve as a pedestrian connection between the proposed subdivision and Shafer View Estates to the south. The Applicant requests City Council approval of the proposed block length due to existing site constraints that include the following: 1) the narrow configuration of the subject property; 2)the location of the McBirney Lateral, a large waterway/irrigation facility, that runs along the southern boundary and through the western portion of the proposed subdivision; and 3) the existing Shafer View subdivision that abuts the site to the south, south of the lateral,which does not include any pedestrian pathways or stub streets to this property. It not approved,the plat should be reconfigured to comply with this standard.An emergency access road.far Fire Dept. is proposed behveen the end of the cul-de-sac and E. Shaer View Rd. but it's not a public access. The cul-de-sac length complies with UDC standards. Access(UDC 11-3A-31 Direct lot access is proposed via E. Shafer View Dr., an existing local street along the southern boundary of the site, for the lots south of the McBirney Lateral; the lots north of the lateral will be accessed via two(2)accesses from E. Quartz Creek St., a planned collector street along the northern boundary of the site. The UDC(11-3A-3)restricts and limits access points to collector streets where access to a local street is available. Local street access is not available to the northern portion of the proposed development. Due to the configuration of the property, without the easterly second access,the cul-de-sac would exceed the maximum length standard of 500' allowed by the UDC(11-6C-3B. ).Therefore, Staff is supportive of the proposed accesses. An emergency access for the Fire Dept. is proposed between the cul-de-sac and E. Shafer View Drive. A public street connection is not proposed to E. Shafer View Dr. for several reasons, including the following: 1)residents in Shafer View Estates were strongly opposed to the connection; 2) modification to the McBirney Lateral would be necessary to design a public road in that location and the lateral is under the jurisdiction of the Bureau of Reclamation (BOR)and the process for modifications to their canal and an encroachment on their easement is very tithe consuming(i.e. 12+--months) with no guarantees of approval; 3) approval from Nampa-Kuna Page 9 Page 235 Item#13. Irrigation District would also be needed has they have irrigation piping located in this area as well;4) a public road through that area would require a new pump system for the Shafer View Estates irrigation system as the road would go through the existing pump system—moving the pump system would also require moving/modifying a large BQR irrigation pipe that feeds the irrigation pump station. and 5)the cost of design and irrigation infrastructure work required to put in a public road is estimated to be$100,000.00 to $150,000.00(see Applicant's gmianr-tion for more detail). For these reasons, Staff does not recommend a connection is provided. Access to the R-2 zoned portion of the site is anticipated to be provided from the east as that portion of the site is planned to develop with the Apex development to the east. Direct lot access via S. Meridian Rd./SH-69 and E. Quartz Creek St. is prohibited. Parking(UDC 11-3(1: Off-street parking is required to be provided in accord with the standards listed in UDC Table I I- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. The proposed street sections accommodate on-street parking on both sides of the streets for guests in addition to driveway parking spaces on each lot. Staff is of the opinion sufficient parking can be provided for this development. Pathways(UDC 11-3A-8): A 10' wide detached multi-use pathway is proposed as required within the street buffer along S. Meridian Rd./SH-69 per UDC 11-3H 4C.4 and the Pathways Master Plan. The pathway is required to be placed in a 14-foot wide public use easement,which shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s)for Phase 1. If the pathway will be located entirely within the right-of-way, a public pedestrian easement is not needed. Sidewalks(UDC 11-3A-17): Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17. Where the multi-use pathway is required along S. Meridian Rd./SH-69,the pathway may take the place of the sidewalk, A combination of attached and detached sidewalks are proposed within the development as depicted on the landscape plan. Parkways(UDC 11-3A-17): Eight-foot wide parkways are proposed along all internal public streets where detached sidewalks are proposed.All parkways should be constructed in accord with the standards listed in UDC 11- 3.4-17E. Landscaping(UDC 11-3B]: A 35-foot wide street buffer is required adjacent to S. Meridian Rd./SH-69, an entryway corridor; and a 20-foot wide street buffer is required adjacent to E. Quartz Creek St.,a collector street,as proposed. Landscaping is required to be installed within the buffer per the standards listed.in UDC I 1-3B-7C,which require buffers to be planted with a mix of trees and shrubs, lawn, or other vegetative groundcover. Street buffer landscaping is proposed in excess of UDC standards as shown on the landscape plan in Section VII.C. Common open space is required to be landscaped in accord with the standards listed in UDC I I- 3G-3E. At a II1ininninr, one tree per 8,000 square feet of common area is required to be provided along with lawn or other vegetative groundeover. Landscaping is proposed in excess of UDC standards as shown on the landscape plan in Section VII.C. Landscaping is required adjacent to the pathway along S. Meridian Rd./SH-69 per the standards in UDC 11-3B-12C. A 5' wide landscape strip is required on both sides of the pathway planted with a inix of trees,shrubs, lawn and/or other vegetative ground cover. The Landscape Page 10 Page 236 Item#13. Requirements table should include the linear feet of pathway with the required vs.proposed number of trees to demonstrate compliance with UDC standards. Landscaping is required within parkways per the standards listed in UDC 11-3,4-17 and 11-38- 7C. The Landscape Requirements table should include the linear feet of parkways within the development with the required vs.proposed number of trees to demonstrate compliance with UDC standards. There are existing trees on this site at the fronts of Lots 1-5, Block 6 along E. Shafer View Dr. If any of these trees are proposed to be removed, mitigation may be required per the standards listed in UDC 11-313-1 OC.5. Contact the City Arborist,Matt Perkins,prior to removing any trees from the site to determine mitigation requirements. Noise Mitigation{UDC 11-3H-4D]: Noise abatement is required for residential uses adjoining state highways as set forth in the standards listed in UDC 11-3H-4D. A 4-foot tall berm with a 6-foot tall solid wail by Simtek is proposed along S.Meridian Rd.as noise abatement as depicted on the detail on Sheet L1.0 of the Landscape Plan.Architectural elements are proposed to break up monotonous wall planes as required, A detail of the pro posed development.wall Mat demonstrates eomplianee with the stfindards lisied in UDG 11 3H 4D should he su hmtted with the final plat for the first phase of Depicted on the revised landveape plan. Qualified Open Space(UDC 11-3G'): A minimum of 10%qualified open space meeting the standards listed in UDC I I-3G-3B is required for developments over 5 acres in size. Based on the area of the plat,39.01 acres,a minimum of3.90 acres of qualified open space is required. A total of 5.26 acres(or 15.55%)of common open space is provided within the overall development,4.05 acres for 14.27%)of which is qualified per the standards in UDC 11-3G-3B. which exceeds UDC standards (see open space exhibit in Section VII.D). Qualified open space consists of half the street buffer along S. Meridian Rd.ISH-69, all of the street buffer along E. Quartz Creek St., 8-foot wide parkways, linear open space,and open grassy areas of at least 50' x 100' in area. Lot 9, Block 3 does contain a pond but it does not encompass more than 25%of the required open space area as required. The pond is required to have recirculated water and should be maintained such that it doesn't become a mosquito breeding ground as set forth in UDC 11-3G-3B.7. Qualified Site Amenities{UDC 11-3G1 A minimum of one(1)yualifed site amenity is required for developments over 5 acres in size and up to 20 acres,with one (1)additional amenity required for each additional 20 acres of development area. Based on a total of 39.01 acres of development area, a minimum of one(1) qualified site amenity is required. A multi-sport court,tot lot,gazebo shade structure and segment of the City's multi- use pathway system is proposed in excess of UDC standards. Storm Drainage: An adequate stonn drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Limited Geotechnical Engirncering Report for the subdivision. The preliminary plat depicts an existing private drainage facility and existing&proposed ACHD drainage facilities and easements. Page 1 1 Page 237 Item#13. Pressure Irrigation(UDC 11-3A-1S): Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. Utilities(UDC 11-3A-21}: Utilities are required to be provided to the subdivision as required in UDC 1 1-3A-21. Waterways (UDC 11-3A-b7: The McBirney Lateral is a large open waterway that lies within a 41-foot wide easement along the southern boundary of the site and through the western portion of the site. Another waterway (38' wide) xists on the eastern portion of the site between.the proposed R-2 and R-4 zoned property witl4in., ►� e.. ,;ao xra rin a arrin o „• the Applicant verified with the Boise Proiect Board of Control that the waterway is not within an easement. This project is not within the flood plain. The UDC allows waterways such as this to remain open when used as a water amenity or linear open space as defined in UC 11-1 A-1; otherwise, they are required to be piped or otherwise covered per UDC l 1-3A-6B. The decision-snaking body may waive this requirement ifit finds the public purpose requiring such will not be served and public safety can be preserved. The Applicant is not proposing to improve the McBirney Lateral as a water amenity or linear open space but is proposing to install a 6-font tall wrought iron fence along the waterway to deter access to the waterway and ensure public safety.The Applicant requests approval of a waiver from Council to allow the waterway to remain open and not be piped. The Applicant states the Boise Project Board of Control opposes any improvements within their right-of-way.The other waterway should be piped or improved as a water amenity or linear open space as required. Fencing(UDC 11-3A-6 and 11-3,4-71: Ali fencing is required to comply with the standards listed in UDC 11-3A-6C for fencing along waterways and the general fencing standards in 11-3A-7. A mix of 6-font tall wrought iron and 6-foot tall solid vinyl fencing is proposed adjacent to common areas; 6-foot tall wrought iron fencing is proposed along the McBirney Lateral.There appears to be gaps in the fencing along the lateral on common lots that abut the waterway; fencing should he included in these areas to prevent access to the waterway and to ensure public safety. Building Elevations (UDC 11-3.4-19 1 Architectural Standards 3101111al]: Conceptual building elevations have not yet been prepared for this development. However,the Applicant did submit several sample photos of 2-story homes that will be similar to those constructed in this development, included in Section VILE. Single-family detached dwellings are exempt from the design standards in the Architectural Standards Manual. Because homes on lots that abut S.Meridian Rd.and E. Quartz Creek St.will be highly visible,the rear and/or side of structures on lots that face those streets should incorporate articulation through changes in two or more of the following: modulation(e.g.projections, recesses,step-backs,pop-outs), bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exenzpt.from this re yuirenze►►t. Page 12 Page 238 Item#13. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat with the conditions noted in Section VIII per the Findings in Section IX. B. The Meridian Planning&Zoning Commmission heard these items on February 4,2021. At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing_ a. In favor: Jon Breckon, Breckon Land Design [Applicant's Representative] b. In opposition: None c. Commenting:-Marvin Ward,Gayle Ward d. Written testimony: MaEy Wall Breckon Land Desi L. Staff presenting application- Sonya Allen f. Other Staff commenting on application: None 2_ Key issue(s)of public testimony a, Concern pertaining to safety of access to Lots 2-5. Block to accessed via Shafer View Dr. with the configuration of E. Shafer View Dr. and change in grade in that area; b. Preference for 1-acre lots to be provided_on the south side of the McBirney Lateral consistent with adjacent existing 1-acre lots in Shafer View Estates. c. Applicant testified they are willing to add more landscaping at the entry to the development near the S. Meridian Rd.ISH-69 and E. Shafer View Dr. intersection. 3. Key issues)of discussion by Commission: a. In favor of the provisign of additional landscaping at the entrance of the subdivision at the intersection_of S. Meridian Rd.ISH-69 and E._Shafer View Dr. as offered by the Applicant: b. Possibility of reducing the number of homes in the area south of the McBirney Lateral (Lots 2-6, Block 6) to enhance safety in that area, C. Concern pertaining to lack of comments from ITD; d. Would prefer a better transition in lot sizes to the south, specifically Lots 15-17, Block 3 (maybe lose a lot); e. Discussion regarding the proposed amenities; f_. Opinion that the style and size of the proposed homes should be compatible with adiacent homes in Shafer View Estates. 4. Commission changes)to Staff recommendation: a. At Staff s request,include a condition for the 38' wide slough/drain on the eastern portion of the site to be contained entirely within a common lot(s)with fencing required on both sides of the drain consistent with the standards in UDC 11-3A-7A.7b per LTDC I 1-3A-7A.7a: b. At Staffs request_,include a condition requtring_the cot-ninon lot(sa containing the slotEgh/drain to have vegetative groundcover to prevent fire hazard and unsightliness if the waterway is piped, and, c. At t Staffs request,modify condition#9 to allow the option for the waterways on the site to be improved as a water amenity as an alternative to being piped as allowed by UDC 11-3A-6C.2 with submittal of construction drawings&relevant calculations prepared by a qualified licensed professional registered in the State of Idaho that demonstrates compliance with the requirements for water amenities as defined in UDC_1 I-IA-1. d. Include a condition for the entrance to the subdivision at the intersection of S. Meridian Rd.ISH-69 and Shafer View Dr.to be improved with additional landscaping as offered by the Applicant- -- Page 13 Page 239 Item#13. e. Include a condition for one(I) buildable lot to removed in the area of Lots 2-5, Block 6 south of the McBiiney Lateral.- - --- - - - - -S. Outstanding issue(s) for City Council: a. The Commission requested an IT review of the 12roiect and comments-prior to the Council hearing;comments from ITD are included in Section VIIIA b. The Applicant's request for a waiver to UDC I 1-3A-6 to allow the McBirney Lateral to remain oven and not be-pFed� c. The Applicant's request for a waiver to UDC 1 1-6C-3F.3b to exceed the maximum block length allowed of 1,200' as allowed by U-DC 11-6C-3F.4, and, d. The Applicant's request for a waiver to UDC 11-3A-3 to allow two(2) accesses via the collector street tE. Quartz Creek St.)along the northern boundary of the site. C, The Meridian City Council bcard these items on March 9`1 April 'a__May I S"At the-p lic 11��t1g on ,�.+ 18'''.C¢unCil moved to continue th�hiect AZ and PP requests to the.Tune 1'` I Summary of the CiAtX Cwmil.puUr.horing: a In favor: Jon Breckon, Breckon Land Design(Applicant's Representative) c= C9�ti31GIttin-_Mauin_Wmd d. Witten testimony: Charles Boyd and Deborah-Boyd Staff_urr.soliap..aQialication:_SQnya Allen --- Othuittafff c9umaceenting Qn_appkaa lom None lgy issue[ of public testimony: � �b�]D�:�j to the Tot�Szes o£the bats accessed via Shafer Viewer: would li)�ey�t 9zes_sf,a_tLea5tJ_�axv_i��e gpmRa ajJf withh�LlaJ_24- car lot iiz in 51�fe� View Estates: 1z S �o rn�p�xtainin tQ draX� any era Flo t Mcridiax►Rd end the x ffV in that area which creates poor visibility because of the immediate incline from Meridian R�L Ws-t�numizer f IQt e red rid o 2 in that area tr��n��ue n nv ar_e.�ia��d neat=tlr�tQ�f�l��l�ill,. 3. Key issue[Hof discussion_by-City Council: a. Come if_th x_er�tling.t_znay their-p M- ortionas share fQr rigbi-turn lane as recommended by ITD—the response was yes,thry are. Council would like more information from ITD_ in regard to when the turn lane would be constructed if funds-are-oit r the im rovemeUt- 'What are futur�gl for wrdenin l n lanes fQrAhi.5 xma,ho mph-non-cy-necdds to be cQ_UWed-fpr Wm lanrbLcf6r6t's constructed? Does ITD have and other means of colleting funds for these itr�rQ�remmant��x�pS-thr��kt�yelQumettL b. The saft of the access onto Shafer View from S.Meridian Rd.1SH-69 and additional homes with_driveways near the intersection conflicting with the topography in that area (iRCI=_from-Mer-idmri - -- - - - The A� Li=gjmt's rest for a_waiver to exceed the ity's maximum bloel—face Aandards� —The Applicant agreed to consima a right W—mlane ifLequircd by the City to ensure it's done in a timely manner rather than t _-r roportionate share to ITD for the - -- - - --- 4, C1LL-CauIldcllan1' o�Qmrai�siQu wee uuead�tion: a, Council continued this_Iroiect to June 1 st in order for Staff&the Annheant tQ wak with ITD__a"_Qt QundA - —U S. M id i r—Rd.a tQ_E.�ua�rtz_Creek_t, Page 14 Page 240 Item#13. immediate need vs. long-teen . See ri&turn_ lane exlzi rlsu6n2rtted by the A l�-irani and conceDmalli,anir7ved by ITD in Section MY 6elaiiL b_ oungii Ytyt�d I Or glu D&p9-Ym❑ni-e.qu�g.-tktacy-elpper to-onstru-cl-a northbound right turn latie on S._l�ridian Rd.ISH-69 onto E. QuarM Creek St.prior W muanucszflhp--fu t-bttiMrt,permLt-within-the ftr�stphas"f_deydgpmmtin-a"ad-with I'-standards, c Council approved the reouested waivers to llDC_1]=6C-3F to allow Black 3 to exceed Ut�r� Q re_�nai_it open art�isabLpedAe to_ 1'sndirt the public u ramie r in1r��such v ll_�t SCrve�a��__lulu is safgtt —can-be_�,rctier-ve , andt�f)�1L 3A-3 tp-allow thr twQ f prKmc-d aucosgs xia L,QuartzCicek.5L.A-u❑[Lmt4r5tzupL Page 15 Page 241 Item#13. VII. EXHIBITS A. Annexation Legal Description& Exhibit Map ACC U RATE �4 Fia4��E Annexation land Description A parcel of land h e i n g a portion of the Norrh Half of the SninhweST Ouaner of SeftleNl 3.1, Township 3 1Vorth4 Range 1 East of the Boise Meridian,Ada County,Idaho and all of Lot 4,Riock 1 of Shafer View Estates Subdivision as rewrded in Book 64 of Plats at pages 9,403 and 9404, Recvtds of Ada County,said parcel is located in the North Half of the Southwest Quarter of Section 31, rownship 3 North,Range 1 East of the Boise Meridian,Ada County,Idaho,being morr particularly dorribrd ns follows, BEGINNING at the found aluminum cap moraiment at the Quarter Comer common to Section 31, T 3N,R I and Section 36, T 3N,R 1W as perpetuated by document 103052580,Records of Ada County,from which the found brass nap at the township miner common to Township 3 North,Ranges 1 fast and 1 West,and Township 2 North,Ranges I fast and I West as perpetuated by document 2019-015470.Records of Ad County bears 5 GO'a-rp*17'E a distance of 2669.99 feet,- Thence N 89"57' 19"E along the mid-section line for a distance of 25D7.75 feet to the nonheast corner of said Lot 4; Thence 5 D(r 17'00"W along the easterly line of said Lot 4 for a distance of 1342-441 feet; Thence along the southerly bwndaryr of said Lot 4 the following fi courses and distances: 1.) N 89'52'35"W far a distance of 13a40 feet; Z.) N 23'55'33"W for a distance of 170.53 feet; 1) N 16'35'I0"W for a distance of 254rS8 feet; 4) N 14'41'14"W for a distances of 194.52 feet; 5-) N 31'29'55"W fin a distance of 113.57 feet; 6.) N 89"34'47"W for a distance of 147 14 feet, Thence 5 34'28'44"W For a distance of 19Q.43 feet to the centerline of f.Shafer View Drive; Thence N 55'18'49"W along said centerline for a distance of 100.09 feet; Thence leaving said centerline N 34'41'11"r for a distance of 10153 feet; Thence atone the southerly boundary of said Lot 4 the following 15 courses and distances: 1.) N 04"09'19"E for a distance of 90.91 feet; 2-) N 26'42'26"W for a distance of 85.32 feet; 3.) N 56'39'37"W for a do5tante of 87.95 feet; 4.) N 75'35'35"W for a distance of 90.98 feet; I 1Bo7 UV Hays St. SAe 306• Boise.ID 83702 -Phone.208-4a"227 www accurateeurveyors.com Page 16 Page 242 Item#13. ► CCUf TE s l es S4RVETIK4 i NAPPING 5-) N 86"33' 28" W far a distance of 185.49 feet; 6_) 5 71'44'26'W for a distance of 113.8a feet; 7.) S 6T 59' 28"W for a distance of 112.30 feet; 8.y N 76'52' 47" W for a distance of 210.54 feet; 9.) 5 79 31'59"W for a distance of 45,73 feet; 10.) 5 51-53'13"W for a distance of 147.64 Feet; 11.) 5 65"24'50" W for a distance of 258.22 feet; 12.) 5 17-39'49"W for a distance of 98.75 feet; 13.) S 03'S9'33"E for a distance of 5O.00 feet; 14.) 58.38 feet along the arc of a 275.00 foot radius curve right having a central angle of 18'24' 120 and a long chord bearing N 84'38' 15"W a distance of€38.01)feet; 15.) S 28"48'47"W for a distance of 206.91 feet to the centerline of E.Shafer view Drive; Thence along said renterltne the following 4 courses and distances: 1.f 103.63 Feet along the arc of a 500.00 foot radius curve right hawing a central angle of 11'52'28"and a long chord bearing N 47" 59'"' W for a distance of 10.3 44 feet; 2.) N 42'01'36" W for a distance of 107.12 feet; 1.1 93,96 feet along the arc of a 1D0.00 foot radius curve left having a central angle of 48"D2'45"and a long chord bearing N 66'02'58"W a distance of 81.42 feet; 4,) 5 89'55'39"W for a distance of 219-88 feet to the section line; Thence N 00'05' 17"W along the section line for a distance of 802.03 feet to the REAL POINT OF BEGINNING- Parcel contains 40.483 acres,more or less- L � k t* � 11463 4,arc OF 1602 W. Hays St,Suite 3M • Boise, 1D 83702 • Phone.20B48B422-7 www.accuratesurYeyvrs corn Page 17 Page 243 Item#13. A1VIVHXA TI01V MAP PARCEL LYING IN THE N 112 OF THE SW 114, SECTION 31, r.3N., R.7E., B.M. 3E 31 114 CDR. Cp&r W57 IYa IGM526e0 N 89'57'18" E 25OZ75' LOT 4 BLOCK 1 SHAFER VIEW ESTATES Cp m 4a463* ACRES L18 n �1 L14 L1J a v SCALE: 1"=300' �s o i A ° 6 Ls 0i z L22 q a L25 Cj C l 6%4 'n g Nam'FC 5E- ;iEE F 2 ^f-9Ln �- j E. SHAFER VIEW DRIVE 11463 9- OF L 1 LEGEND N J.❑A�� ANNEX eouNDA.ar ; ACCURATE TAN Pt W 36 3 la7 T3N R2W SECRON LINE w 1 m FOUND 3 1/2" BRASS- CAP MONUMENT W i I. M T2N R1 W 1 41 , 6 T2N R2iY : �boz v Hays sneer#306 FOUND 2" ALUMNUM CAP Eloise.Who 83702 CP&F INST. No. QN)450.4U7 2]r9—❑I54�p CALCULATED POINT wwwAccaratesurveyors.mm '��'RYIEE SHEET I OF 2 JOB 20-227 Page 18 Page 244 Item#13. LINE TABLE LINE BEARING DISTANCE Li N 89'52'35" W 130.40 L2 N 23.55 33' W 170.53' L3 N 1 r'35'10" W 254.88' L4 N 1441'14" W 194.52' L5 N 31'29'55" W 113.67' Lb N 89'34'47" W 147.74' L 7 S 3428'44" W 190.43' LS rN 55'18'49" W 100.09' L9 N 34'4i'11" E 107.53' 110 N 04.09'19 E 90.8 11 Li 1 N 26'42'26" W 85.32' L12 N 55'39'37" W 87.95' L13 N 73'33'3D" W 90.515' L14 N B933'28" W 185.49' L15 S 71'44'26' W 113.66 L16 S 60'59'28" W 112.30' L17 N 7TS2'47" W 210-54' 1-18 S 7831'59'° W 45.73' L19 S 51'53'13' W 147,64' L20 S 65-24'50- W 258,22' u1 S 17'40'26" W 98.75' L22 S 03'59'33" E 50.00' L23 S _28`48'47" W 206.91 124 N 42"❑1 36 W 107.t 2' L25 S 39'55'39" W 219.68, CURVE TABLE CURVE ARC LENGTH RADIUS -- UELTA ANGLL CHORE} BEARING CHORD LENGTH C 1 88.38' 275.00 11�24 50 5 84'38'15" E B8.00' G2 143.63' 500-co, 11-52'28" N 47'59'54 W 103.44 C3 83.86' 100.0C] 48'02'45" N 66'02'58' W 81.42 1 1 463 A-0 16021AI.Kiys Strpv MW eoi Naha 83702 p 12asa ass-42z7azai PF www.acturatesumey sxon+ 15E SHEET 2 OF 2 1D8 20-277 Page 19 Page 245 Item#13. R-2 Legal Description: lum9233 WEST STATE STREET I BOISE,1R 83714 1 208,639.6939 1 FLU(208.639.6930 January 6,2020 Proilett No.WM Legal Description Portkvn of Lot 4,Block 1 of Shafer View Estates FxhR*A A parcel of land being a portion of Lot 4,Block i of Shafer View Estates(Book 84 of Plats,Pages 9403.9404, records of Ada County,Idaho)which is situated in the North 1/2 of the Southwest 1/4 of Section 31,Township 3 North,Range 1 East,Boise Meridkan,City of Meridian,Ada county,Idaho,and being mare part►cularly described as folkrws: BEGINNING at a 5/&inch rebar ma6ing the Center of said S-ection 31(also being the northeast comer of said Lot 4,Brock 1),which hears N,99"57'15"E a distance of 2,507.62 feet from an aluminum tap marking the West 1/A comer of said Section 31,Thence following the easterly line of said North 1/2 of the Southwest 1/4, SOD"16'52"W a distance of 1,342.44 Peet Iformerly 500'15'31M a dMance of 1/342.81 feet)to the southeast corner of said North 112 of the Southwest 1/4{also being the southeast corner of said Lot 4,Sloek 1); Thence leaving said easterly line andfolknvIng the southerly line of said North 1/2 of the Southwest 1/4, N89"52'3i"W a distance of 130.43 feet to the southeast corner of tot 13,Block 1 of said Shafer View Estates; Thence leaving said southerly I I n e and following the houndary of Lot 4,Block 1 the following Courses: 1. N23'S5'33'W(formerfy N23'5V32"WI a distance of 179.57 feet; 2, N16'35'10"W(forrnerty N1E36'09"V4I a distance of 254.88 feet; 3. N14'41'Ol"W(formerly N34'4a`00"Wli a distance of 193.75 feet; 4. N31'15'14'°W(formerly N3I'l6'13"WI a distance of 114.54 feet to a found 1/2-inch rebar; S. N89'52'3I'W(formerly NST53'30"W)a distance of I3,B1 feet to a point on the northerly fine of the 41•foot wide McBlrney Lateral easement; Thence leav log the boundary of sold Lot 4,Blor.k t and following said northerly line the following courses: 1. N77'19'36"E a distance of 75.47 feet; 2. N75 37'04"E a distance of 27.30 feet too point on the centerline of the 38•foot wide drain ditch easement shown on said Shafer View Estates subdivision plat; Thenee leaving said northerly flue and following said Centerline the following courses: 1. N06'28'52"W a distance of:51.79 feet; 2. 1417'26'22"W a distance of:20.33 feet; 3. N25"SV09"W a distance of 6346 feet; 4. N36"41'30"W a distance of 99.39 feet; 5. N5D'03'15"W a distance of 84.54 feet; 6. N55'05'59"W a distance of:24.96 feet; 7. N51"46'3R"W a distance of 99A3 feet; 9, N61"36'51"W a distance of 33.43 feet; 9. N67°05'46"W a distance of 68.04 feet to the northerly line of sold North 112 of the Southwest 1/4 (also being the northerly I ne of said Lot 4,Block 1), ENGINEERS I SURVEYORS I PLANNERS Page 20 Page 246 Item#13. Thence lea vAng sa►d centerline and following said northerly fine,N89`57'15"E a di5Iance of 789.30 feet to the POINTQF BEGINNING. Said parcel contains 10.66 acres,more of less, k 12459 , w A L BL►�'S. I h -ZoZp PAGE 12 Page 21 Page 247 Item#13. b4 L q rr i a U ✓r°a J J p NF E f yy K' it $ d p o w ¢ N t N .. Gf f N f IWO Title; Date:01-06-2020 Scale: l inch=200 feet File: Tract 1: 10,661 Acres; 46438 i Sq reel:C-usuiv=n63.4107w 0.01 Peet Precision-11]31449: Perimeter=3%8 Feet 001-s00.1652w 1342.44 008•-037.1936e 75.47 415-n551359w 124196 OU2-nI9,5231 w 130,43 009-n75.3704e 27.30 016-rt51.4638w 99.63 003-- 23.5533w 170.57 010-uO6.2852w 151.79 017-01.3651w 33.43 904--n16.3510w 254.99 011=-F417.2422w 120.33 01"67.0546w 63.04 00,5r-a t 4.4101 w 193.75 012=n2-5.5009w 63.86 fl 19=n89,S715e 789.30 006=n31.1514w 114.54 0 1 3=n36.4130w 99.39 007-n89.5231 w 23.31 014-n50.0315w 84.54 Page 22 Page 248 Item#13. r fe 4 S M I I I N G E M A P P I N r! xftUi�E R4 Rezone Land Description A parcel of land being a portion of Lot 4,Block 1 of Shafer View Estates Subdivision as recorded in Book 64 of Plats at Pages 9403 and 9404, Records of Ada Countyr Said parcel is located in the North Half of the Southwest Quarter of Section 31,Township 3 North,Range 1 East of the Boise Meridian,Ada County,Idaho,being more particularly described as follows: BEGINNING at the found aluminum cap monument at the Quarter Corner common to Section 31,T3N, R1f and Section 36,T3N, R1W as perpetuated by document 103052680,Records of Ada County,from which the found brass cap at the township corner common to Township 3 North,Ranges 1 East and 1 West,and Township 2 North, Ranges f Fast and 1 West as perpetuated by document 2019-015470,Records of Ada County bears S 00"05'17"E a distance of 2669,99 feet; Thence N 89"57'19"E along the mid-section line for a distance of 1718.45 feet to a set 5/811' inch iron pin with asap stamped PLS 11463; Thence S 67°OS' 19"E for a distance of 68.04 feet to a set 5/911 inch iron pin with a cap stamped PLS 11463; Thence S 61'36'51"E for a distance of 33.43 feet to a set 5/8"'inch iron pin with a cap stamped PLS 11463; Thence 5 51'46'38'E for a distance of 99.63 feet to a set 5/81"inch iron prn with a cap stamped PLS 11463; Thence S 55'05'59"r for a distance of 124.96 feet to a set 5/g1h inrh iron pin with a cap stamped PLS 11463; Thence 5 50"03' 15" E for a distance of 94.54 feet to a set 5/8�h inch iron pin with a cap stamped PLS 11463; Thence 5 36"41'30"E for a distance of 99.39 feet to a set 5/81 inch iron pin with a cap stamped PLS 11463; Thence 5 25'SW 09"E for a distance of 53.86 feet to a set 5/8th inch iron pin with a cap stamped PLS 11463; Thence 517`26' 22"E for a distance of 120.33 feet to a set 5/13th inch iron pin with a cap stamped PLS 11463; (CON fINUEl7 ON NEXT PAGE) i 1602 W. Hays St-Suite 306•Boise,ID 83702• Phone:208-488-4227 www avcuratewrueyors.com Page 23 Page 249 Item#13. ..ACCURATE 4wRViYING L HAPfiN@ �t s'r4Y�L�' Thence 5 06"28'52"E for a distance of 151.79 feet to a set 5/8"1 inch iron pin with a cap stamped PLS 11463; Thence S 75"37'04"W for a distance of 27.30 feet to a set 5/811 inch iron pin with a cap stamped PLS 11463; Thence 5 77'19'36"W for a distance of 75-47 feet to a set 5/8'r'inch iron pin with a cap stamped PLS 11463; Thence N 89'38'36" W for a distance of 124.09 feet to a found h inch iron pin, replaced with a set 5/91"inch iron pin with a cap stamped PLS 11463; Thence 5 34"28'44"W for a distance of 190.43 feet to the centerline of E.Shafer View Drive; starnpod PLS 11463; Thence N 55°18'49"W along said centerline for a distance of 100.09 feet; Thence N 34"41' 11" E for a distance of 107.53 feet to a set 5/8T"inch iron pin with a cap stamped PLS 11463; Thence N 04'09'19" E for a distance of 90.81 feet to a found''/:inch iron pin,replaced with a set 51811'inch iron pin with a cap stamped PLS 11463; Thence N 26'42'26" W for a distance of 85.32 Feet to a found Y.inch Iron pin,replaced with a set 5/81"inch iron pin with a cap stamped PIS 11463; Thence N 56"39'37"W for a distance of 87.95 feet to a found Y,inch iron pin,replaced with a set 5/811 inch iron pin with a cap stamped PLS 11463; Thence N 75'35'35"W for a distance of 90.88 feet to a found h inch iron pin, replaced with a set 51811'inch iron pin with a cap stamped PLS 11463; Thence N 86"33'28"W for a distance of 185.49 feet to a found%inch iron pin,replaced with a set 5/81h inch iron pin with a cap stamped PLS 11463; Thence 5 71"44'26"W for a distance of 113.88 feet to a found Yi inch iron pin,replaced with a set 5/81"inch iron pin with a cap stamped PLS 11463; Thence 5 60'59' 28"W for a distance of 112.30 feet to a set 5/80 inch iron pin with a cap stamped PLS 11463; (CONTINUED ON NEXT PAGE) 16W2 VY. Hays 5t..Suite 300 •Boise. ID 83702• Phone.208-468-4227 www.accuratesurveyor-..com Page 24 Page 250 Item#13. t� tfC .,�ACCURATE �uHrfrisirs � Ir><P�Ilua 'SEA Y tist Thence N 76'52'47"W for a distance of 210.54 feet to a found Y inch iron pin,replaced with a set 5/8",inch iron pin with a cap stamped PLS 11463; Thence S 78`31'59"W for a distance of 45.73 feet to a found M inch iron pin,replaced with a set 5/8"inch iron pin with a cap stamped PIS 11463; Thence 5 5V 53'13"W for a distance of 147.64 feet to a found%inch iron pin, replaced with a set 5/Wh inch iron pin with a cap stamped PLS 11461; Thence 5 65'24'50"W for a distance of 258.22 feet to a Found y;inch iron pin,replaced with a set 5/81'inch iron pin with a cap stamped PLS 11463: Thence 517'39'49"W for a distance of 98.75 feet to a found A inch iron pin,replaced with a set 5/81h inch iron pin with a cap stamped PIS 11463; Thence 5 03'59'33"E for a distance of 50-00 feet to a found h inch iron pin,replaced with a set 5/814 inch iron pin with a cap stamped PLS 11463; Thence 88.38 feet along the arc of a 275.00 foot radius curve right having a central angle of 18" 24' W and a Inng chord bearing N 84'38' 15"W a distance of 88.00 feet to a set 5/81h inch iron pin with a cap stamped PIS 11463; Thence 5 28'48'47"W for a distance of 706.91 feet to the centerline of L Shafer view Drive; Thence a1mgsaid centerline 103.63 feet along the arc of a 500.00 foot radius curve right having a central angle of 11°52'29"and a long chord bearing N 47"59'54"W for a distance of 103.44 feet; Thence continuing N 42'01'36" W for a distance of 1.07.12 feet to a set 5/8eh inch iron pin with a cap stamped PLS 11463; Thence continuing 83.86 feet along the arc of a 100.00 foot radius curve left having a central angle of 48'02'45"and a fang chord hearing N 65"02'58"W a distance of 81.42 feet; Thence 5 89`55'39"W for a distance of 219.88 feet to the centerline of S. Meridian Road (State Highway 69); LA thence N 00"t75'17'W along said centerline for a distance SG of 802.03 feet to the REAL POINT OF BEGINNING. �►� � 1463 Parcel contains 29.822 acres,more or less. ° i y�4rF ar 1602 W.hays St..Suite 306 Boise,ID 83702•Phone'208-488-4227 www.accuratesurveyors.wm Page 25 Page 251 Item#13. R4 REZDIVE HEAP PARCEL LYING IN THE N 712 OF THE SW 114, SEC77ON 31, T.JN., R.?E., B.M. }run�oaa: 36 31 +F1sr ND-1:r525MC N 8951'78" E 7778,45' S 896ne W �= egsa (I' C3 LOT 4 BLOCK I 2 tg Qi of SHAFER WEN ESTATES Cg Cp am 29.822.t a 3 r� L24 L20 1g r L[3 LaZ T� r o SCALE: '"=300' z �o to h A;477.. 3EFSHE_T: FOP- �� L72 L LINE AND CURIE *AELES " L28 L ti 3 L3► C C, ETg r w 1 �LQ p� 1 E. SHAFER VIEW DRNE ' 11453 :� LEGEND BOUNDARY �AVgN J.�]ANG ------—---SECTION LINE r FOUND 3 112" GRASS CAP MONUMENT 4��t TEp�* ACCU p� TJN .R1 W 361 3I T.7N R2W' FOUND 7"A[IJMINUM CAP 1[►'1 FOUND 1/2"IRON PIN REMOWD r k L u T2N RI W 1 g T2N R2W AND REPLACED NTH 5/8" 49ON PIN, 1602 W Hays Svret+306 2"ALUMINIUM CAP. PLS i F463 aa�{ina�asa ai�� 0 SET 518"IRON PIN, 2'ALUM. CAPP, PLS F 1463 ,TE R Y,g E www.aaureTasurv¢perF.cam A CALCULATED POINI SHEET I OF 2 105 20-22T Page 26 Page 252 Item#13. LINE TABLE LINE BEARING DISTANCE L I S 67'05'19" E 68.04-' L2 S 61'36'51" E 33.43' 1-3 S 51.46'38" E 99.63' L4 S 55-05'59" E 124.96' L5 S 50'03'15" E 84.54' L6 S 36'41'30' E 99.39' L7 S 25'50'09" E 63.86' L8 S 17'26'22" E 7 20.33' L9 S 06'28'5.2" E 151.79' L10 S 75'35'46" W 27.28' L 1 1 S 77'19'36" W 75.47' L12 N 89'38'36" W 12409' L 13 S 34'28'44" W 190.43' L 14 N 55'18'49" W 100.09' -Li 5 N 34'41VI 10 E 107.53' L 16 N 04'09'19" E 90.51' L17 N 26'42'26" W 85.32' L 18 N 56'39'37" W 87.95' L19 N 75'35'35" W 90.BB' L20 N 86'33'28" W 185.49' L21 S 71'44 2B W 1 13.88' L22 S 60.59'28" W 112.30' L23 N 76'52'47" W 210.34' L24 S 7831'59" W 45.73' L25 S 51'53'13" W 147.64' L26 S 65'24'50" W 258.22' L27 S 1 T39'49" W 98.75' L28 S 03'59'33" E 50.OD' L29 S 28-48'47" W 206.91 L30 N 42*01*36" W 1 D7.12' L31 S 89'55'39'• W 219-88' CUR VE TABLE CURVE ARC LENGTH RADIUS DFL1A ANGLE CHORD BEARING CHORD LENGTH C 1 88.38' 275.00' 18.24'50" S 94'38'15" E 88.00' C2 103.63' 500.00 71 11.52 28" IN4759'54" W 103.44' C3 83.86' MOM' 48'02'45" S 66'02'58" E 81.42' o �0 �`s� rye: ACCURATE 11463 1602 W.Hays sneez 0306 j•S• J Boise,Idaho M702 �,� �G �� wri►v�cn►ratesurveyors.can rM J.'D SHEET 2 OF 2 ]09 20-227 Page 27 Page 253 Item#13. B. Preliminary Plat&Phasing Plan(date: 11/$/3$20 31912021) W7— CO�ACTS " o ram: t aorrwr t R'Y,Z.r-AL W ROW PDAb S'S.`r.,M . ... ....... ..—..:a-.�—'� -!� •:1� �.'w"Ye d�'PM7i-'ins 4 :;=--�.-.r—r•T•�=�'-�rrr,,:e.� , ram- �.�i-�--rl � ::_::- - .- . o � .w.�..�. �J,.�,.1.1�..�.�.P.•�-�.3'.i � t �'_i.�' L 4 J � i .�i�ry�;� (�] j 6 ... .� 3.-3�•' ��3 .�J, 4 ,1 ,f, DEVELOPMENT IWOFMATIGN^ ii .� � I I '- ',s .��r_'r,y,"��,� 'I '•.�. via OFF? �PRFIIMINAflV PLAT _ � �, +,y. pp�,0 4. Cc LU >wT _ PPASE 1 PHASE 2 �] I 1 PHASING MAP Pagc ?R Page 254 Item#13. C. Landscape Plan (date: 5"'�0 2k3k2#N 3/9/202l) SHAF r� VIEW TERRACE MERIDIAN, - _ i MERIDIAN,IDAH❑ Page 29 Page 255 Item#13. • MY SC A1EFiAlIW [.eonm�eie r � AK 1 i� �irn^ %r 1 MIS s .:x }G1I�- W,It N f 1til •...11L E. —t ! 2 W p a - - -- - - - - - --- ----_�J =W W PI AN N 7a L4HOcrec�un?rc •'•�•��» •_• s ..�aaa�,:�'�i as ��r............_...... ._,......_..,....,...._....�....» jo, 1 =F_ -• .Y_ _ &R, :�' _• :: tl{ vol —00 �FiRI[i9�_�141'F.e� �w �LT'.3 T.y:^.."=`>:S�". 7i.a17 c.9N�6NEJ,FS1E81p. r.�irxnirrx_r,n ..f_a.p.-r::x._,.:•.••»•.��.•s::�'-• 2 F'lap.'piT" ® �KE'r MPP Page 30 Page 256 Item#13. I ;1 � MIT= :. +r-�'- ! ►C ¢ � Qa�_ l A l,lf0 ��¢U rt _ nix LU N g 6 _ _ _ __ Ai�[)Ljf 1 FrIHO -5.7',".,-,,,.��:.��'�ZL�f^':h..r.�y•._..�......`.�w. . 2 0 AL-WN SlrIM! sairsrmrsrrarr. - s+isu�a�:x��_".e.�r.lyxc:i.•.w,.....�,_... ! � 1 I6, � ��riAtr-,ar�E.a THREE �N a i LANDSCAPE LEOEMO C4LQUT LEA :�.t^L_:::;�• _�;T'��+�•~•.•- � �o law L13 Page 31 Page 257 Item#13. ;�F :�!3 __ - -::.F:is%:; •'_•.i-'. [�`_• _•7C_-_ -`�- ••a...x. :.fi: x- CAPE LEOENO •r -_ VAX v -7m.r-: ME Al fg"W=Pl.14H AREA FQIR •Jr---r-�•. v ^--�� TMP NT R 2 - U4 '�}• �C71�� {� •�^rv� LANF335:�AE LEGEND �- JIM N, �} W CL f-- 096 Valli ---- ----- --- .r.!J :rr ^"'ram-=---- — T91,E ..� �� TOPSOIL NOTES •. .. �I' tiI Page 32 Page 258 Item#13. -_ ��. �::::- ��•. � L✓w DSGAPE LE9EI'b It': 52ON : •- ,:.� .'.-. ..;y:.�j:-.die:i'i•.i".:._. �. r. cL K r -s; LANQWAeLa.ML--h!p SIX ._... : ....: _ �5 SY•INY•� PAN �wj Lys E M1/N06CJEL/y,��, W�,LF.(1�1• $fr3kiaF= 2 _ - N N sf; 1 ®� I- SEVEN Ll7 Page 33 Page 259 Item#13. $TORAAWATER POND REVEGETATION RECUIFifMENTS tr- _ - = ,'--a:"'•»�:•c—='� - ----- - - .,5�: �i:,YL�.��."7i}.�.13 _ _...,.. .....:. ...... ��.:SfLTlicTA•kg.C.7L�d1:.9:�" ... ".':�;:"^:�7�.:L... wei•��'R.v:��...saw•..^...._ :cea s+•�rhs�,—"'�_� •.. .. 2� .. ^,�T,.. _ ..ty.-NYC~,r,�.•,�6.�,«•` G:S•' '--..-�..w� S� '_'l.T_•YM-wSCN wIC7S,iF.C1:+�. ' q��wr.' i'L 1-N• .'..w N 11.E`L Map ..-r_".:'J.'..�••.:�'�.-..mow.» "�:_..a.mtt:. _."�s"-a' '�r'a .. '��' ' ��I II Y�•"5�i w:�'rY_� _ SR�..��.�5.37.::..A9'"_=�.� ..-. __.. .iNWU i x TitONIfEROu9 TREE P�Mii7u.7 _ - M US Page 34 Page 260 Item#13. SIM TEK F ME _d - i� 133C,WEST AGO r;:--'I i' OREM UT d4R57 mT k T(XL-'REE: ,�fi�4."3;jh PHONE:1,8a,;sus F E [N C E FAX:(041;555-5743 oamr.1mledenoe,mm •,5 Maa. f;p'SL'�IEIt.-�u�R rtN�� SAAF_MNE aATT E;!ti 1 o L' i 1-W,wlmc Y1E31 I I O Zz s I I �� 1.;r1.5"'K v?v,.vE CJ+LVFNIEEG "�''`� BTI~cL 5"h`P11Ei�R5TIA H513 �' s' u Ir.fi M-ICRE-E FOOTING 01A T"ir, o tr'NH. •NA:��VRH L1HEAl�Lc14==H:1'v{`aLrETl+rZ.ENE eulL�:hk31�s..:IICe: oLA'R IIC;L_:RQ, EL-,rA.rl4rl VIM-ACT",PAL:PEW51UV5:7.-Ij.N,75'h . -'I RAW>S 49F.R,6 TE�1 s 7,[7�797 Y W.It T-W P4 PATEWs P-MGINC. 1 7.1.iATPNTO TE CCMP.E7FD p1AGCORC;Wl 4I7)4 M++OXACn.RM 1-R'�r•CIi I:AlinIR, i I `iGID4SARt COh1,SICERFC TRUr A4C�FtFw7 4u�HGfA.".Tiav�Rs sPFCIFICArICHs, 'A:F tPAWN4. I I :.P.113TLI-08 MR'WO.'i AND GCM ANV 1*014 tAIIGVV141T V WWXA.'060154 ikiln SIMTEK FENCE ►lOCUL V:1.>! LACL"A'LL h H X E N Page 35 Page 261 Item#13. D. Open Space Exhibit(dated: 12/16a 319/21) CITY OF MERIDIAN OPEN SPACE REQUIREMENTS N COMMON OPEN SPACE A5➢"Imm I r THE NMIXAM VA'H-'Jb-S 40d� 11RL°ME�i�5 osm 56.1'I4[6b2 AC) @+O 5PAC& 19JB!► QUALIFIED OPEN SPACE AS o"Imp 9Y THE mmry AR �tlP:g KL'N-'Jf'J[OPE FIK111REMEMTS 123r02 f2-M AG7 eA M AG 1cm W77i LANDSCAPE LEGEND a010-S v OPER sPnce QUARTZ CREEK ST. I AREA=e.MA SQ�TL L - I - - - - LLT �. I� 7 Iap _ __ 66 RREA=33.-1QO SQ.FT_ a t I _ f D z ' 0 a w I 3/9/2021 s SHAFER VIEW NORTH y.�.� PROJECT#zaazt MERIDIAN, IDAHO OPEN SPACE EXHIBIT X1,0 - Page 36 — Page 262 Item#13. E. Conceptual Building Elevations Aw 996.tam T! _ a 1 4 5 •• T L Page 37 Page 263 Item#13. F. Ri>aht-Turn Lane Exhibit I ' ' I EGW4lI CREEK AT. 46 I I .IIII I I —Stl so I PROPOSEE '.,_ I' so �.h III I I I IIII 0 w w III I � Dad sp � _ (IIII rp�.�ca�•nirlr,i.:-:' �' III�,II I17 Hill m�reser-aRr,,z�ri:_�n �+ J J III III area.gao-r s� , rFxc rR,i IIII A- g66Y S f ' I I j II rill IIII Ar I r3071 5P r I SHAFER VIEW TERRACE SUBDIVISION ,' _ MERIDIAN,I❑ RIGHT TURN LANE Page 38 Page 264 Item#13. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION l. 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 and the property owner(s)at the time of annexation ordinance adoption. Currently, a fee of$303.O0 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. Development of the subject property shall be generally consistent with the preliminary plat,phasing plan, landscape plan and conceptual building elevations. b. A I 0-foot wide multi-use pathway is required to be constructed along S. Meridian Rd.ISH-69 in a public use easement in accord with UDC I I-3 H-4C.4. c. Noise abatement is required to be provided within the street buffer along S. Meridian Rd.ISH-69 in accord with the standards listed in UDC 11-3H-4D. d. A final plat shall be recorded that includes Lot 1, Block 7 prior to any development occurring on the property. e. The developer Lull construct a northbound right-turn lane on Stan Rd./SH-59 - QnW_Euart �t ek >i pd or t4 issuano-of-ft-ffr >t bu I& t in_> f'- t phase dieWig meat in acco�with ITD standards. =---- — - — ------ ?. Development of the subject preliminary plat shall be consistent with the phasing plan. included in Section VII.B. 3, The final plat shall include the following revisions: a. Include a note prohibiting direct lot access via S. Meridian Rd.ISH-fig and E. Quartz Creek St. b. shall be r-ayised to eemply with these stafidardsoHniess atheFwise approved by'G4 Council.A waiver is owqiiestett� was raved bl,Council to exceed the nnavitnum block_face allowed of I,700 feet to allow the block fiace as proposed. e. The 38' wide drain on the eastem vattion of the site shall be contained entire eammen 1 e4s).Depicted on revised plat. Depicted on revised plat. 4. The landscape plan included in Section.VII.0..,.b...:tted With the f'~R1 pla`shall be revised as follows:❑ a. inelude ealculafions�n the Landscape Requirements!able that demonstfate compliane b. hielude 6 feet tall wr-atight ir-an 1�aneiRg afi eammen lets that abut the MeBimey Latei-al Done Page 39 Page 265 Item#13. c. Inelude a detail of the berm aftd wall required for noise abatement along S. Mer-idian Done d. Dope 1-isted in UPC 11 jA 7—mz er UPC 1-1 3A—?A. Done g. Depict additional landscaping at the entrance to the subdivision at the intersection of S. Meridian Rd./SH-69 and Shafer View Dr. as offered by the Applicant. Done 5. A 14-foot wide public use easement shall be submitted to the Planning Division for the multi- use pathway along S. Meridian Rd./SH-69 prior to submittal of the Phase 1 final plat for City Engineer signature. If the pathway is located within the right-of-way,a public use easement is not required. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-4 for the R-2 zoning district and 11-2A-5 for the R-4 zoning district.. T Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. S, The rear and/or sides of structures on lots that abut S. Meridian Rd.and E. Quartz Creek St. shall incorporate articulation through changes in two or more of the following: modulation (e.g. proiections,recesses, step-backs,pop-outs),bays, banding,porches, balconies, material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are erenzpt frond this requirement. 9. All wateFways aii t4iis site shall be piped unless 4heFwise waived by City Getine i 1 as Set fefth, o..:t Els&44463.d :,. 1 11) a .r r..aa t50 T rnr_ r 1 z e 6r ». The Applicaw requests u waiver from City Council to allow the McBirney Lateral to rentain open and not be piped, which was unnrQver�l ,Cih,Council. 10. The pond is required to have recirculated water and shall be maintained such that it doesn't became a mosquito breeding ground as set forth in UDC 11-3G-3B.7. IX. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.I The angle of sanitary sewer pipe going into and out of manholes needs to be minimum of 90-degrees. 1.2 All sanitary sewer manholes require a 14-foot wide access path that sleets City requirements. Page 40 Page 266 Item#13. 1.3 Sanitary sewer manholes should not be located in curb and gutter- 1-4 Add an 8-inch water mainline in Crystal Creek Way,and stub to the north for future connection, 1.5 The water mainline needs to be 12-inch diameter in Prevail Way,portion of Terrace Ridge Dr,portion of Terrace Ridge Circle and south out to E Shafer View Rd. 1.6 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6 of the City's Design Standards. A future installation agreement and funds are required for the required streetlights on S. Meridian Road pursuant to Section 64 B. of the Meridian Design Standards. L7 The geotechnical investigative report for this development, prepared by Materials Testing & Inspection, dated 02/10/2020. does not indicate a specific concern with regard to groundwater. Applicant shall be responsible for the adherence to the recommendation presented in this report. 2. General Conditions of Approval 2.1 Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and rotating with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used.in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development,coordinate main size and routing with Public Works. 2.3 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.4 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B- 14A. 2.5 A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping,amenities,pressurized irrigation,prior to signature on the final plat. 2.6 The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.7 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years.This surety amount will be verified by a Iine item final cost invoicing provided by the owner to the City.The surety can be posted in the form Page 41 Page 267 Item#13. of an irrevocable letter of credit, cash deposit or bond. Applicant must fife 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. 2.8 In the event that an applicant and/or owner cannot complete non-life, non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 1 l-5C-3C. 2.9 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.10 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2,12 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.13 A]1 grading of the site shall be performed in conformance with MCC 1]-1-4I3. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material, 2.15 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any strictures within the project. 2.17 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCA❑ standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.18 Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (littp://www.inerldiancity.org/public_works.aspx`7id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for .information on the locations of existing street lighting, 2.19 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20- feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with Page 42 Page 268 Item#13. bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 2.20 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.21 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at(208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 2.22 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 2.23 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 2.24 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC I I-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. C. FIRE DEPARTMENT h ttps:11x'eb1ink.meridiancity.orglWe&LinklDocView.aspx?id=219456&dbid=0&repo=MerNianC itv ❑. POLICE DEPARTMENT 11atUs:llw�ehlrt�k.Isre1-idiajtcin'.c+t�I6'i'c hLi>?klDocY'iew.aster?id=?2[1?�0&dhid=U&repo=Mnrt.'dia+aC r E. PARK'S DEPARTMENT https:11web ink.meridiancity.orglWehLinklDocView.aspx?id=222017&dbid=0&repo=MeridianC i tv F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST 1DAHO(COMPASS) https:lhyeblink.meridianc•ity.otglWebLinklDoc View.aspx?id-2 20261&dbid=0&repo=MeridianC iy G. CENTRAL DISTRICT HEALT[i DEPARTMENT hops:IIK,eblitzk.meridiancin+.orglWehLinklDocl'ieu,.aspx?id=220014&did=0&repo-=MeridiatlC iq' H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) Page 43 Page 269 Item#13. httUs:llweblink.meridiancily.o►yIWebLink1Qoe View.a&x?id=220034&dhid=0&►0o=MeridiynC itv 1. WEST ADA SCHOOL DISTRICT(WASD) https.Ilweblink meridiancL1y.orglWebLinklDocmew.g& x?id_=220564& bad—O&reW=MeridianC J. COMMUNITY DEVELOPMENT SCHOOL IMPACT ANALYSIS hitps:llweblitzk.►neridiancity,orglWebLinklDoc Iriew.aspx?id=22I041&dbid=0&repo=MeridianC itv K. BOISE PROJECT BOARD OF CONTROL https:l/ta)eblink.►iiericlianciri,.orglWebLinklDocVic,�i!.uspr?id=219526&(Ibid 0&repo=Mer-i(fia►aC itv L. ADA COUNTY DEVELOPMENT SERVICES htWs:Ilweblink.►neridiancih-.orglWehLinklDocView.0ps?id=219424&dbid=O&repo=Meridian io. M. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.nieridiat►c•itv.orglWebLinIdDocl iew.asps?id=222031&dbid=0&repo=MeridiatzC in: N. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:IIK,eblink.►1leridiat►c•ity.orglWebLinIdDocView.a.spr?id—22 2250&dbid—0&I-epo=Meridia►iC ity X. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recominendation 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; The City Council finds the proposed zoning map amendment to R-2 and R-4 and subsequent dei,elopnment is consistent with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment will allow.for the development of single-pinily detached homes which will contribute to the range of'housing opportunities available within the City consistent with the purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health,safety,and welfare; The City Council finds the proposed zoning snap amendment should not be detrimental to the public health,Safety and welfare. Page 44 Page 270 Item#13. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to,school districts, and The City Council.finds 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. The City Council finds the proposed annexation is in the best interest oj'the On.,. B. In consideration of a preliminary plat,combined preliminary and final plat,or short plat. the decision-malting body shall make the fallowing findings: 1. The plat is in conformance with the Comprehensive Plan; The Cittr Council_finds that the proposed plat is in substantial compliance with the adapted Comprehensive Plant in regard to land use, density and transportation. (Please see Comprehensive Plan Policies in, Section lrof this report for more information.) Z. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public .services will he provided to the subject property with development. (See Exhibit B of the StuffReport fo)-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 Hater and sewer and any other utilities will be provided by the development at their-own cost, the City Council,fincls that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The On, Council finds 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 1r1II for-more in formation.) 5. The development will not be detrimental to the public health,safety or general welfare; and, The City Council is not aware of airy health, safety, or environrnerntal problems associated with the platting o f this property. ACHD considers road safet)+issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The Ch),Council is unaware af'any sign Vicant natural, .scenic or historic features that exist on this.site that require preserving. Page 45 Page 271 Item#14. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Addendum to Development Agreement (Instrument#2019-0028376 recorded April 10, 2019) Between the City of Meridian and High Desert Development Linder Village, LLC (Owner/Developer) Located at 6308 N. Linder Rd, at the Northeast Corner of N. Linder Road and W. Chinden Blvd. Page 272 ADA COUNTY RECORDER Phil McGrane 2021-102392 BOISE IDAHO Pgs=14 CHE FOWLER 07/07/2021 10:14 AM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. High Desert Development Linder Village,LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 6th day of July ,2021, ("ADDENDUM"), by and between City of Meridian,a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and High Desert Development Linder Village, LLC, ("OWNER/DEVELOPER") whose address is 2537 W. State Street, Ste 110,Boise, ID 83702. RECITALS A. OWNER/DEVELOPER has submitted an application for a Modification to the Development Agreement recorded April 10,2019 as Instrument#2019-0028376 in Ada County Records to include financial uses in the area currently designated for specialty retail and restaurant uses. The Meridian City Council approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit"A". B. CITY and OWNER/DEVELOPER now desire to amend said Development Agreement,which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded as Instrument#2019-0028679,except as specifically amended to update the Use Area Plan to allow for a financial institution in the area currently designated for specialty retail and restaurant uses in the northwest corner of the site as stated and shown in Use Area Plan, the Concept Plan and the Circulation Plan in the Staff Report that is attached to the Findings of Fact and Conclusions attached hereto as Exhibit"A". 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer,or their assigns,heirs,or successor shall not meet the conditions of this Addendum,and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties'respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property,each subsequent owner and any other person(s)acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or ADDENDLJM TO DEVELOPMENT AGREEMENT-H-2021.0034—Linder Village-MDA Page 1 of 3 Page 273 Item#14. alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer,to execute appropriate and recordable evidence of termination of this Addendum if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein,and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums,all terms of the previous Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT-H-2021.0034—Linder Village-MDA Page 2 of 3 Page 274 Item#14. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: High Desert De v lopment Linder Village,LLC (iv Joe Hua e CITY OF MERIDIAN Attest: Mayor Robert E. Simison Chris Johnson, City Clerk 7-6-2021 STATE OF IDAHO ) )ss. County of Ada ) On thisw 6y day of JCA Vt e 2021,before me,the undersigned,a Notary Public in and for said State,personally appeared Joe Huarte known or identified to me to be the of High Desert Development Linder Village,LLC and acknowledged to me that he executed the instrument above. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. E PIERCE-State :23, NotaryPublic for daho Numberpires D23 Residing at: My commission expires: 2— J7—:3 wwwww STATE OF IDAHO ) :ss County of Ada ) On this 6th day of July 2021,before me,a Notary Public,personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-2$-2022 Page 275 ►tem#14. EXHIBIT A CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EN AND DECISION& ORDER In the Matter of the Request for Modification to the Use Area Plan in the Development Agreement (Inst.#2019-028376)to Include Financial Uses in the Area Currently Designated for Specialty Retail and Restaurant Uses,by CSHQA. Case No(s). H-2021-0034 For the City Council Hearing Date of: June 1,2021 (Findings on June 15,2021) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 1, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 1, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 1, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 1,2021,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 1, 2021, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LINDER VILLAGE—MDA H-2021-0034 - I - Page 276 Item#14. reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a modification to the development agreement is hereby approved per the provisions in the Staff Report for the hearing date of June 1, 2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of June 1,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LINDER VILLAGE—MDA H-2021-0034 -2- Page 277 Item#14. By action of the City Council at its regular meeting held on the 15th day of June 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 6-15-2021 Attest: Chris Johnson 6-15-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 6-15-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LINDER VILLAGE—MDA H-2021-0034 -3- Page 278 item#,4. EXHIBIT A STAFF REPORTC�WEIIDIAN --- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 6/1/2021 Legend DATE: IdPro.ec- Loco-on TO: Mayor&City Council FROAM: Sonya Allen,Associate Planner R-4 RT 208-884-5533 - TR1 MU SUBJECT: H-2021-0034 Linder Village RUT R- LOCATION: The site is located at 6308 N. Linder Road at the northeast corner of N. Linder R.' Road and W. Chinden Blvd., in the NW - RUT %4 of Section 25,Township 4N.,Range R_8 R- 1W. R1 fiM® I. PROJECT DESCRIPTION Modification to the Use Area Plan in the Development Agreement(Inst. #2019-028376)to include financial uses in the area currently designated for specialty retail and restaurant uses. II. SUMMARY OF REPORT A. Applicant: Mandie Brozo, CSHQA—200 Broad St.,Boise,ID 83702 B. Owner: Dave McKinney,High Desert Development Linder Village, LLC—2537 W. State St., Ste. 110, Boise,ID 83702 C. Representative: James Marsh, CSHQA—2537 W. State St., Ste. 110,Boise, ID 83702 III. STAFF ANALYSIS The Applicant proposes to amend the existing Development Agreement(DA)(Inst. #2019-028376)to update the Use Area Plan to allow for a financial institution in the area currently designated for specialty retail and restaurant uses at the northwest corner of the site.No other changes to the uses shown on the Plan are proposed.The Use Area Plan in Section V.B is included in the existing DA;the Plan in Section V.E is proposed. Substantial compliance with the approved Use Area Plan is required as a provision of the DA (i.e. #5.1a) to ensure a minimum of three (3) land use types [i.e. commercial (includes retail, restaurants, Page 1 Page 279 Item#14. etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.) and industrial] are provided within this development consistent with the guidelines in the Comprehensive Plan for the associated Mixed Use—Community(MU-C) Future Land Use Map (FLUM) designation for this site. The conceptual development plan and site circulation plan have also been updated to reflect the proposed reconfiguration of the site layout in the area where the financial institution is planned; the adjacent building footprint to the east now includes a drive-through. The pedestrian circulation plan depicts reconfigured pathway locations consistent with the new site design. The proposed change to include financial along with the retail and restaurant uses will still ensure a mix of land uses are provided as desired in the MU-C. Because the proposed change increases the types of uses planned for this area which is desired, Staff is supportive of the requested amendment to the DA. IV. DECISION A. Staff: Staff recommends approval of the modification to the DA as proposed by the Applicant. C. The Meridian City Council heard this item on June 1,2021. At the public hearing.the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: James Marsh, CSHOA; David McKinney Woolstenhulme: Mandie Brozo. CSHOA b. In opposition:None c. Commenting: Sally Reynolds: Denise LaFever d. Written testimony: Norman&Julie Davis; Sall Reynolds e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony. a. Not in favor of the proposed change to the Use Area Plan to include financial institutions: prefers restaurant&specialty stores in this location since there are two other financial institutions within walking distance of this site. b. No issue with proposed chance C. Concern about blight resulting from repurposing of the bank building across the street with development of the proposed bank on this site. 3. Key issue(s)of discussion by City Council: a. Extent of road widening improvements and timing for completion: b. Traffic calming within the site and in Bacall on the southern portion of the site. 4. City Council change(s)to Staff s recommendation: a. None Page 2 Page 280 Item#14. V. EXHIBITS A. Existing Conceptual Development Plan(dated: 12/13/18) NAM CHINDEN BLVDA, - n n -, 6 tl'. _ { , �,4+°v� � A � �.-.._.` .rim _ ■�.�y� � FUTURE OFFICE!RETAIL DEVELOPMENT m W rI T t FUTURE RESIDENT9AL FUTURE RESIDENTIAL DEVELOPMENT DEVELOPMENT I .aw I I 1 g .*EPT PLAN CONCEPT SITE CSHOA m. « PLAN oVILLAGF Page 3 Page 281 Item#14. B. Existing Use Area Plan(dated: 10/8/18): SPECIALTY RETAIL&IFAST/CASUAL AUTOMOTIVE! j MIXED RESTAURANTS FOOD&BEVERAGE FUEL I UHEALTH 9 MEDICAL - -- --------- -------------- -T 7� -1 H 'p 1-F FUTURE ENTERTAINMENT OFFICHRETAIL ISOFF 0 DS DEVELOPMENT FCOMMUNITY GROCERY &LIVEIWORK RETAIL DEVELOPMENT FUTURE RESIDENTIAL DEVELOPMENT CSHG USE AREA ON PLAN Page 4 Item#14. C. 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ZLi r�� _ III III 111 II lU d uul W _ - �' = FUTURE OFFICE/RETAIL DEVELOPMENT AI___' U - .. _ - mwuiullluul uluil I - - f W = = Q W .xMwa - _ �___ FUiLRE RDAOYJAY GQNNECTION PC]€NT TO J a Aa Tlnll i _ _ ADJACENT PARGEL --- NEW BUS STOP 1 suwff Yssi-+-_ - II. t R7st tlr rl ��r - �V I lullnlmrrn nrunrumm�mnurNlNlnNNnlruunnunuruj+*,: --- rr � NIIIIN IIII IIIII Nlni` I EXISTING ROADWAY _.if[ps>: = IIII II III III II III EXTENSION ��. 1 nulul FUTURE RESIDENTIAL u u l ul_ CONNECTIONP NTTO DEVELOPMENT _ --- AnwGEN OIOIIIIIIIIHnlllt III - ri I SDBDMSIDN lIp;III IIIUIII i14 fill_ I *""'-'f rllll•rRmlrnTfTlfu nllllpBllnurlu I_..... - ;IrN rl ulrlwl iu Wulup Nl I 11 unNlul+°rl ulNurl Ir NEw srREET PER I ill ACND STM10MD6 IXISTING ROAOJfAY E\TE1J516N CANNECTIDN POINT TO ADJACENT SUBDIVISION CSH%Q—"A-l& CIRCULATION L ff�ft a oI"el.��ea�gxnrl PLAN Page 5 Page 283 Item#14. D. Proposed Conceptual Development Plan(dated: 5/25/2021): ?x.ry' y' II �wnun - 3' FUTURE_. F16b RE ...... t 3 .. . .� DEVEELOPMENTTAIL /J + .,, id��a yy — q� s r Zi Ar LT d"n• FUTURE RESIDENTIAL FUTURE RESIDENTIAL DEVELOPMENT DEVELOPMENT f 1 CONCEPT PLAN CSIH CONCEPT � � j� Orchard Ml— ouv o I SITE PLAN Park Page 6 Page 284 Item#14. E. Proposed Use Area Plan(dated: 5/7/21): SPECIALTY RETAIL, RESTAURANTS& FAST/CASUAL AUTOMOTIVE! i MIXED * FINANCIAL -- - - -- -------- MEDICAL - - ie FOOD&BEVERAGE FUEL RETAIL/HEALTH& - - - - ��.� - - - - --------- FUTURE ENERTAINMENTI OFFICE/RETAIL RETAIL/CIVIC 11&; SOFT GOODS DEVELOPMENT _ s v rI = - � - (COMMUNITY GROCERY ---- � I &LIVE/WORK RETAIL DEVELOPMENT W6 FUTURE RESIDENTIAL _ : _— y DEVELOPMENT it USE AREA CSHOA • ITEIT LLC DATE Orchard Park Page 7 Page 285 Item#14. F. Proposed Site Circulation Plan(dated: 5/7/21): CHINDEN IMPROVEMENTS PER STARS AGREEMENT �111111111IrrrrHrH1111111111111H --ew-- -- ----- .-------- -_I -- - -- - - --------- - -----_ IIHHr - --- --#—— =.�IIIr�1�I111111111111H11111H1111111111111111111111111111111111111111�IH1111111111111111 IIIIIIIIIHIIIIIIIIIIIIIII IHIHHNr IIIIIIIIIIIIIIIIIHIIIIIIIIIIYIIIIIIIIIIIIIIIIIIIIIIIII1111111111111111111111I - -- ------- ---{IH _IrHraIRIrHffHHFnrI{{{,Iri-='-___ �� Qu - ONHHHHHI � 1 T{t IIHHIIrLfllf u wn wu,. Z~ = yuwlyi a uuna{matt - Z LU W — — — i e w� FUTURE OFFICE/RETAIL _ _ DEVOf ELOPMENT —_ LU Q wFUTUR��, CONNECTION ROADWAY LU CTION POINT TO { rmtm nn. 4 ADJACENT NPARCEL POINT .m. a ., 11 r111111 rr11..........IB, \♦\♦♦ p --- IEN BUS STOP - 1 l y trn 11111111lIHi{flIIHIIII r 1111111111111111111 IIIIIIIIIIIfI\l lll - � � ll - LIIIIIIIIrHltlllrl.,.�l.11I IIII""" - _ ' Irrl rrr Irrlilllrll I Irr rrl r EXTENSI ROADWAY A ' FUTURE RESIDENTIAL = corvrvECTION POINT TO .+t _ur v,nr nn DEVELOPMENT HIIHHNHu- =ii !nv --- AOJncENT f IIIHHIIHN In...HaruHHn,+. suaolvlslaN ,...Hnl H...Hnulury L III I I I-- L I I I I I I I I I I NEW STREET PER J EXISTINI G ROADIWAYI EXTENSIONI CONNECTION ACHU STANDARDS POINT TOADJAGENT SUBDIVISION CSH% CIRCULATION •� rs n I "Tf ,,f IaT.. PLAN Park �� Orchard Page 8 Page 286 Item#15. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Second Addendum to Development Agreement Between the City of Meridian and William Bienapfl (Owner) and Flexspace, LLC (Developer) for Movado Mixed Use (H-2020- 0123), Generally Located on the South Side of E. Overland Rd. Between S. Eagle Rd. and S. Cloverdale Rd. Page 287 ADA COUNTY RECORDER Phil McGrane 2021-1 02395 BOISE IDAHO Pgs=41 CHE FOWLER 07/07/2021 10:15 AM CITY OF MERIDIAN, IDAHO NO FEE 2nd ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. William Bienapfl, Owner 3. FlexSpace, LLC,Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 6th day of Jul , 2021, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho("CITY"),whose address is 33 E.Broadway Avenue, Meridian, Idaho 83642 and William Bienapfl, ("OWNER"), whose address is 2674 S. Andos Way, Meridian, ID 83642 and Flexspace LLC, whose address is 4824 W. Fairview Avenue, Boise, ID 83706, ("DEVELOPER"). RECITALS A. CITY and OWNER and/or DEVELOPER entered into that certain Development Agreement that was recorded on March 24,2017 in the real property records of Ada County as Instrument No.2017-01.2608("DEVELOPMENT AGREEMENT")and the Addendum to Development Agreement that was recorded on February 19,2018 in the real property records of Ada County as Instrument No. 2018-012456 ("ADDENDUM TO DEVELOPMENT AGREEMENT") as they pertain to the property listed in Exhibit "A", which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-651.1. B. CITY and OWNER and/or DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW,THERE FORE,in consideration of the covenants and conditions set forth herein,the parties agree as follows: 1. OWNER and/or DEVELOPER shall be bound by the terms of the Development Agreement recorded as Instrument No.2017-012608 and Instrument No.2018-012456,except as specifically amended to add the following: 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a) Future development of this site shall be consistent with the conceptual site plan, conceptual building elevations,landscape plan,and qualified open space exhibits included in Section VII of the Staff Report that is attached to of the Findings of ADDENDUM TO DEVELOPMENT AGREEMENT-MOVADO MIXED-USE H 2O20-0'123 Page 1 of 4 Item#15. Facts and Conclusions of Law approved by the Meridian City Council on May 4, 2021,attached hereto as Exhibit"A"and the conditions contained herein,with the following revisions: i. Add a shared plaza to be used by the commercial and multi-family residential within the development located somewhere within the area of the proposed commercial buildings along Overland. ii. Include at least one(1)pedestrian crossing from the multi-family townhomes to the shared plaza and commercial that is clearly delineated from the driving surface by being constructed with brick pavers, stamped concrete or similar. b) The allowed uses within the future commercial buildings shall be flex-space, office, retail,personal and professional services, restaurant, and daycare uses to aid in the integration and compatibility with the multi-family residential;no drive throughs shall be permitted within this development with obtaining a modification to this agreement. c) No building permits shall be issued for this development until the property has been subdivided in accord with the approved preliminary plat(H-2017-0104). d) The owner and/or developer shall grant cross-access with the adjacent property to the east (Parcel #S 1121110200) located somewhere along the shared eastern property boundary;copy of the agreement shall be provided with the Certificate of Zoning Compliance application. e) The units along the southern boundary of parcel#S 112112103 shall be restricted to single-story only. 2. That Owner and/or Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner and/or Developer, or their assigns, heirs,or successor shall not meet the conditions of this 2nd Addendum,and the Ordinances of the City of Meridian as herein provided. 3. This 2nd Addendum shall be binding upon and insure to the benefit of the parties'respective heirs,successors,assigns and personal representatives,including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner and/or Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and recordable evidence of termination of this 2nd Addendum if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed its obligations under this Addendum. 4. If any provision of this 2nd Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this 2nd Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. ADDENDUM TO DEVELOPMENT AGREEMENT-MOVADD MIXED-USE H 2O20-0123 Page 2 of 4 Page 289 Item#15. 5. This 2nd Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner and/or Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. a. Except as herein provided,no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This 2nd Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendum,all terms of the previous Agreements shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: William Bienapfl Flexspace LLC f f • A W) Z By: '.►.k Its: ' V CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 7-6-2021 Chris Johnson, City Clerk 7-6-2021 ADDENDUM TO DEVELOPMENT AGREEMENT-MovADO MIXED-USE H 2O20-0123 Page 3 of 4 Page 290 Item#15. STATE OF IDAHO ) ss: County of Ada, ) On this day of ,2021,before me,the undersigned,a Notary Public in and for said State, per onally appe ed William Bienapfl known or identified to me to be the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Lftv(SEAL) �•�••••G�+ •E•L9��C+�,� �•lyp']'gR};'rL _ Notary Public for Ida o • s • Residing at: �{,L.Q Sn AUB L1C^s t = My Commission Expires: $•3•aQa(� STATE OF Irt4I 20ti�.•' O�.• CountyofAda, °°°°0�)CYl//••`' On this day of " ,2021 before me,the undersigned,allotary Public in and for said State,pers pally appe red known or identified to me to be the of F1exSpace LLC and acl owledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Ift (SEAL) so •••°Pl�l� ��9 ••. N t N�TgR 'yam-S Nota ublic for Idaho • M� • Residing at: �.� 0 S My Commission Expires: $•a-o-t (o STATE OF IDA' �'0�)Vo.20ti •'r•O•.•�� County of Ada •'�"se�000000aea'••• On this 6th day of July , 2021, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Publics or Idaho Residing at: II��//Ileriadian, Idaho Commission expires: 3-28-2022 ADDENDUM TO DEVELOPMENT AGREEMENT-MOVADO MIXED-USE H 2O20-0123 Page 4 of 4 EXHIBIT A Item#15. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�((IEN DIAl`T:-~' AND DECISION&ORDER In the Matter of the Request for Conditional Use Permit for a multi-family development consisting of 60 attached units(50 units on 4225 E. Overland Rd. and 10 units on Parcel S1121121011) on 6.8 acres of land in the C-G zoning district; and a Development Agreement Modification to modify the concept plan approved with the existing agreements(Inst.#2017-012608&#2018-012456)to include a mix of multi-family and commercial uses on the remaining 6.8 acres of the Movado development,by FlexSpace,LLC. Case No(s). H-2020-0123 For the City Council Hearing Date of: April 20,2021 (Findings on May 4,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of April 20,2021,incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 20, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 20, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of April 20,2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Movado Mixed-Use—FILE#-2020-0123) - I - Page 292 Item#15. Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 20,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Conditional Use Permit and Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 20,2021,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Movado Mixed-Use—FILE#-2020-0123) -2- Page 293 Item#15. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of April 20,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Movado Mixed-Use—FILE#-2020-0123) -3- Page 294 Item#15. By action of the City Council at its regular meeting held on the 4th day of May 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 5-4-2021 Attest: Chris Johnson 5-4-2021 City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: 5-4-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Movado Mixed-Use—FILE#-2020-0123) -4- Page 295 Item#15. Exhibit A STAFF REPORT C> E IDIAN - COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING April 20,2021 Legend y -� DATE: LProject Location , TO: Mayor&City Council. I i FROM: Joseph Dodson,Associate Planner 208-884-5533 p - SUBJECT: H-2020-0123 Movado Mixed-Use AF LOCATION: Generally located on the south side of E. Overland Road between S. Eagle Road ,f and S. Cloverdale Road, in a portion of the NW '/4 of the NE '/4 of Section 21, _ Township 3N.,Range IE. I. PROJECT DESCRIPTION The Applicant has submitted requests for the following: • Conditional Use Permit for a multi-family development consisting of 6660 attached units(3650 units on 4225 E. Overland Rd. and 10 units on Parcel S1121121011) on 6.8 acres of land in the C-G zoning district; and • Development Agreement Modification to modify the concept plan approved with the existing agreements (Inst. #2017-012608 &#2018-012456)to include a mix of multi-family and commercial uses on the remaining 6.8 acres of the Movado development,by FlexSpace,LLC. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 6.8 acres(C-G zoning district) Future Land Use Designation Mixed Use Regional Existing Land Use(s) Vacant Proposed Land Use(s) Multi-Family Residential and future Commercial Lots(#and type;bldg./common) 2 existing commercial building lots—properties have not been final platted yet Phasing Plan(#of phases) Proposed as one phase for the residential;commercial is future. Number of Residential Units(type 606 multi-family units—proposed as 8-plex and 6-nlex, of units) attached townhome style Density(gross&net) Gross—9-.67-8.82 du/ac.;Net—17.24 du/ac. Page 1 Page 296 Item#15. Description Details Page Open Space(acres,total 19,561 square feet of qualified common open space [%]/buffer/qualified) proposed(approximately 6.6%)—collector street buffers are not part of proposed open space but part of previous Movado Greens development. 7,573 square feet of private open space proposed. Amenities Three(3)amenities are proposed—Enclosed bicycle storage,plaza with BBQ&firepit,and a coffee kiosk. Further Staff analysis is below in Section V. Physical Features(waterways, N/A hazards,flood plain,hillside) Neighborhood meeting date;#of 2 meetings: October 7,2020(11 attendees)&October 8, attendees: 2020(5 attendees) History(previous approvals) Part of Movado Estates AZ,PP,PS(H-2016-0112); Movado Greens/Silverstone Apartments MCU,MDA,PP, RZ(H-2017-0104); Silverstone Apartments MDA(H- 2019-0099)&Silverstone Apartments MCU(H-2019- 0014)that were withdrawn;DA Inst.#'s 2017-012608& #2018-012456. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access is proposed via driveway connections to both sides of Hwy/Local)(Existing and S.Movado Way,a collector street.Driveway will be an Proposed) extension of driveway stub along western property line. Stub Street/Interconnectivity/Cross Internal access is via shared driveways for both the Access commercial and multi-family developments;part of this is from an existing driveway stub from the west(Silverstone Apartments). Applicant is proposing to stub a driveway access near the southeast corner of the site to the east property line for connectivity of a project within the City of Boise. Existing Road Network Movado Way is an existing collector street;Overland Road is an existing arterial street. Existing Arterial Sidewalks/ The landscape buffers and arterial sidewalks along E. Buffers Overland Road are existing and were constructed with previous approvals.However,an older curb cut along Overland was not closed with curb,gutter,and sidewalk— this should be corrected with this application. Proposed Road Improvements No road improvements are proposed as Movado Way is already existing and at its full width.Additional on-site driveways will be constructed as access for the commercial and multi-family portions of the site. Distance to nearest City Park(+ Fire Station#4 Park is closest public park as seen on GIS— size) 0.4 acres in size and approximately 1.7 miles away. Movado Subdivision has two larger open space areas,as well as other smaller open s ace areas. Fire Service • Distance to Fire Station Approximately 1.7 miles from Fire Station#4 Page 2 Page 297 Item#15. Description Details Page • Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Risk Identification Risk Factor 3—Commercial • Concerns The fire department is concerned there is nowhere for visitors to the apartments to park on the west side of the project.Fire lanes may be blocked which would become an issue. Police Service No comments West Ada School District Estimated school age children 4 to Pepper Ridge Elementary generated by this development 2 to Lewis&Clark MS elem,ms,hs 3 to Mountain View HS Capacity of Schools Pepper Ridge Elementary—675 students Lewis&Clark MS— 1,000 students Mountain View HS—2,175 students #of Students Enrolled(Spring Pepper Ridge Elementary—576 students '20 enrollment) Lewis&Clark MS— 1,071 students Mountain View HS—2,237 students Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.07 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns -Additional 4,272 gpd committed to model •No Permanent structures(buildings,carports,trash receptacle walls,fences,infiltration trenches,lightpoles,etc.) can be built within the utility easement. •Not clear as to how the commercial/office building in the northeast corner will be serviced. Water • Distance to Services Directly adjacent • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Water Yes Master Plan • Impacts/Concerns •Eliminate water main dead-end at southeast corner of western parcel;possibly run a service line to the building instead. See attached markup. Page 3 Page 298 1 1 1 a , _ Ikll a iw J OVERI w�.� OVERdND - �_. .. ..ill nn � v � b No 1*0 I� 7� 111111111111111 -� ,■ � l lA't'9C1 � ,■ � ■ =lmmninnnlllllllllllll�� urm al aal ��3Xii��•'��"}�' rp,• �� a nl: I � '-- "_► Onu..a��:i � ��'� I�t �'=noun•�-��i - -��.n -- Ire � L■�IkP� :�. ��n nnnui��Ku - zt • � 11 1. 1 1- � � � • i 1 / �• i i - . 1 • � � 1 1 1 � i •� � 11 Item#15. IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 2/12/2021 4/9/2021 Radius notification mailed to properties within 500 feet 2/9/2021 4/6/2021 Public hearing notice sign posted 2/22/2021 4/9/2021 on site Nextdoor posting 2/9/2021 4/6/2021 V. STAFF ANALYSIS A. DEVELOPMENT AGREEMENT MODIFICATION(MDA) A modification to the existing Development Agreements(Inst. #2017-012608 &#2018-012456), is requested for the purpose of including a new development plan for this area of the Movado Greens development to consist of both commercial and residential uses instead of solely commercial. The existing DA provisions are still applicable as they were mostly related to the larger Movado development overall. The existing DA includes a concept plan for this area from 2017 when the property received DA Modification approval to change the number and layout of apartment units along Overland,now known as the Silverstone Apartments. The existing concept plan depicts a number of office,retail, and general commercial buildings. This concept plan was intended to maintain a commercial presence within this area of the Mixed-use Regional designation despite being removed from the main commercial area at the intersection of Eagle and Overland. The Applicant believes the existing concept plan for this area of the agreement is not feasible with that amount of commercial square footage being separated from the Eagle/Overland area by residential and is too far east in general to accommodate 56,000 square feet of commercial space. Therefore,the Applicant is proposing a new concept plan depicting three commercial pad sites and 66 multi-family dwellings in the form of townhome style dwellings. The commercial is now proposed at approximately 27,500 square feet and is shown along Overland to increase the visibility. In the western half of the site, it is separated from 56 units of the multi-family residential by a shared drive aisle that is the access to the public street network for both proposed uses and connects to the west to the Silverstone Apartments site. In the eastern half of the site,the Applicant also shows the commercial building along Overland road for visibility with the remaining area of the lot as parking until the remaining 10 multi-family townhome units are proposed in a small sliver of remaining land in the very southeast of the project. Revising the development plan for this last remaining portion of the Movado Estates development is doable if done so with the right changes in mind. Staff believes that what the Applicant has presented does not fully touch on what a mixed-use development can provide, especially in terms of creating a sense of place and providing more pedestrian focus. Staff recommends some revisions to the site plan to improve the integration of uses and to better create a sense of place in this portion of the Movado development overall. into one building; widen the nor-themmest drive aisle and inelude street trees while removing all par-kin that baeks into the driving!a-me; and, iaeer-per-a4e a shared plaza between the eon*ner-eial and residential. First,the Appheant should lose the neffli-west eemmer-eial lot in lieu of providing a plaza for-the nitilti. family residential and ftttefe een*ner-eial to share. Instead ef two single stofy eenuner-eial btfildings,th-e Appkeafft should eenselida4e these buildings 44o one stfuetwe that is two stories in heigh4 in order-to beRer-utilize the 4ad area available. In addition, eenstpaeting a two story stpaetwe ean hold the eafne Page 5 Page 300 Item#15. along Over-land aad.Nlovade Way mar-e effieiepAly tha*a single stei=y stme4we when aeeetffAing for-the eonsistent transition to the two stoi=y mialti family townhemes and existing residential south of the pr-qjeet. Staff finds it appfopfiate that the Appliea+A deeide the most appr-epr-ia4e size of this two stei-j building btit believes it should be at least 10,000 s"ar-e feet total whieh r-equir-es a miniffmm In addition, to ensure adequate site circulation and pedestrian safety in perpetuity, staff is recommending a new DA provision that no drive-through use is permitted on this site. If one were to be proposed, Staff does not foresee the site adequately containing the stacking lane for a busy drive-through which could seriously harbor the function of the drive aisles and reduce pedestrian safety. Furthermore,the allowed uses for the commercial within this project should be office,retail,personal and professional services,restaurant, and daycare uses to aid in the integration and compatibility between the commercial and residential uses within the project. As noted,paft of eondensing the neAkwest eonuner-eial buildings into one,two story stmetufe is to remove the need for-twe building-pad sites and allow for-an ai-7ea tha4 ean be shared between the eem,mer-eial and the multi fi ri ill*,,,:,,,h,mes There are multiple ways to design this that can incorporate a shared plaza and create a better sense of place in this mixed-use area. Staff has some specific recommendations but final design will largely be up to the Applicant. At a minimum,the Applicant should incorporate a pedestrian crossing from the multi-family units to the new shared plaza within the commercial area. This can be located somewhat centrally on the site with parking on either side,east and west, of a more modern two-story commercial building along Overland that frames the plaza, creating a true sense of place between the two uses. The Applicant could also construct the two story building in the location of the central commercial building(southwest corner of Overland and Movado Way) as shown on the proposed site plan and have the shared plaza and parking to the west of the building. Staff can see these two options as more than feasible but,as already discussed,the format of how this area is redesigned should be up to the Applicant;the Applicant should aim to create a sense of place and provide for an area that is shared in order to meet the intent of the mixed-use policies. The final pieee of this r-evision r-ela4es to the design of the shared drive aisle.With the removal of paf-kifig spaees along the di4ve aisle,the di4ve aisle ean be widened to aeeemmodate detaehed sidewalks and stfeet tfees lining both sides of the drive aisle to er-eate a shet4 beti4evafd. Aer-ess this boulevaM is where the new pedestrian pathway should be eonstrueted; the or-ossing should be eonstmeted with differ-en4 m4er-ial than that of the dr-iving suffaee(i.e. stamped eener-ete,paver-s, or-similaf)ie elea-r4y delinea4e the pedestfia*path be�weea the r-esidet#ial a-ad een*ner-eial. An additional option for-this dr-ive aisle weti4d be to inelude paf-Alel pafking spots with detaehed sidewalks a-ad appropriate!andseapin (stfeet trees are not a -eqt ir-e en4 but a -eeeri mea t With Staff s recommended revisions and the Applicant's revisions, Staff supports the Development Agreement Modification request. COMPREHENSIVE PLAN(https://www.meridianci(y.or /�complan): This property is designated MU-R(Mixed Use—Regional)on the Future Land Use Map(FLUM). Land Use: The MU-R designation is to provide a mix of employment,retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example,an employment center should have supporting retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the development. Page 6 Page 301 Item#15. In general, the proposed uses of multi family dwellings and commercial are listed as allowed uses within the MU-R designated areas. More specific comprehensive plan policy analysis is below.As currently designed staff believes the project presents some issues for safe pedestrian connectivity and lacks a true integration of uses through the site. Staff believes the site layout can be modified to improve these issues with the uses proposed. Staffs recommended changes are outlined in the above section as well as throughout the staff report. Furthermore, the Applicant presented a thorough case for this area of the MU-R designation to lack true viability as a premier location for commercial uses due to its location being more than a half mile from the Eagle/Overland intersection, the central hub of this MU-R area. Some commercial should remain on these parcels but Staff agrees with the Applicant that the proposed amount with the incorporation of townhome style multi family is adequate to meet a majority of the mixed-use policies if better integration of uses is done as outlined above by staff above. Transportation: Access is proposed via driveways that connect to S. Movado Way,the existing collector street that bisects the project. The driveway within the northwest section of the project will connect to the driveway stub from the Silverstone Apartments directly to the west. This driveway acts as a border between the proposed commercial buildings and multi-family townhomes and shows parking backing into the driveway.As discussed, Staff finds this driveway can be better designed in order to provide for safer pedestrian connectivity through the site and provide more integration of the uses.For example,the recommended changes to incorporate a boulevard and added pedestrian crossings in this area of the site. South of this driveway are the drive aisles for the multi-family townhomes with the required parking located on both sides. The southeast portion of this area contains a segment of drive aisle that is over 150 feet in length which requires a fire turnaround. Instead, Staff recommends this segment be reduced in length to not require a turnaround; a few parking spaces in this area may need to be removed to accommodate this. The east side of the development proposes an additional commercial building as well as ten(10)more multi-family units with driveway accesses to Movado Way in alignment with the rest of the site. The submitted site plan shows more than the minimum parking required and drive aisles that meet UDC and Fire Department requirements for the commercial portion of the east site. The proposed dwellings at the very southeast corner of the project are placed with minimal room to spare surrounding the buildings but do appear to show compliance with dimensional standards. According to ACHD,the proposed driveway connections meet their district offset policies by being 220 feet from the intersection of Movado Way and Overland Road. However,these two northernmost proposed driveways will not meet offset requirements should the Overland and Movado intersection ever be signalized. In this case these accesses would be limited to right-in/right-out accesses only. The Applicant is aware of this potential and still proposed the driveways at their current locations. Therefore, Staff does not find it necessary to recommend different locations but will instead note compliance with ACHD conditions of approval and their policies. COMPREHENSIVE PLAN POLICIES(https://www.meridiancity.or /g compplan): Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed multi family dwellings are shown as townhome style units and would be a new type of multi family dwelling in this immediate area and add to the available housing diversity within the Page 7 Page 302 Item#15. Movado development.In addition, all of the units are proposed at 2-bedroom units which would offer future residents rental opportunities at a lower price than three bedroom homes. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21. • "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) Traditional three-story, garden-style apartments are currently under construction directly to the west of the subject site which makes the proposed two-story townhome style apartments a new type of multi family housing in this area. The proposed residential is also a different type than the single- family proposed directly south and further into the Movado development. • `Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) Mixed-use areas require integration of uses that are not always precisely compatible but through thoughtful site design, conflicts can be minimized. With Staffs recommended changes, the proposed development offers better integration, mininikes. nfliet by u 4 ng Mat ae s into di-iv aisleL and better,.6Ue the land area. The drive aisle with the revisions recommended by Staff acts as both a buffer and a point of integration between the commercial and multi family residential on the property. The required setbacks between the subject property and the apartments to the west should offer an adequate transition and screening between more intensive residential buildings and the townhome style units proposed with this development. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems by continuing existing stubs where available. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) The subject site is already annexed but currently undeveloped; it is one of the last areas of the Movado development to be developed. Because everything to the south is mostly developed and the site abuts a major arterial and entryway corridor,public services are readily available for this site despite being on the outer edge of City limits. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks is required to be provided with development as proposed. However, an existing driveway cut was not closed with curb, gutter, and sidewalk along Overland as required with previous approvals. The previous requirement to comply with this will be carried over into this project. • "Require collectors consistent with the ACHD Master Street Map(MSM),generally at/near the mid- mile location within the Area of City Impact." (6.01.0313) Page 8 Page 303 Item#15. The Applicant is utilizing an existing collector street as the access for the proposed development. No new public roads are required or proposed with this application. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits." (4.05.03B) The proposed parcels are already annexed with commercial zoning but are not yet developed.As noted, these parcels are likely to not develop with the intended uses of only commercial when so far removed from the main MU-R center further to the west. Despite abutting the edge of City limits, City services are readily available. Furthermore, developing these parcels will allow for the entrance to the City of Meridian from the east along Overland Road to be enhanced with commercial and transitional residential. • "Monitor and adjust the amount and mix of industrial, commercial,and office areas needed to meet the employment needs of the City."(3.06.01B) The Applicant's proposal removes some commercial square footage from what is currently approved in the Movado Greens DA.According to the Applicant, the subject parcels are too far removed from the intersection of Eagle/Overland to directly compete with the already undeveloped Silverstone commercial area further to the west. Staff agrees that reducing the amount of commercial on this site to accommodate more neighborhood or community serving commercial uses rather than regional uses is prudent based on existing development patterns and size of the property. In reviewing development applications,the following items will be considered in all Mixed-Use areas,per the Comprehensive Plan(pg.3-13): (Staffs analysis in italics) • "A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone." The proposed development includes both multi family residential and commercial pad sites. At a minimum, the development should provide two land uses immediately. With more than one commercial building, it is very feasible that at least three land uses will be provided. However, Staff does not find it necessary to require at least three land uses on the subject site due to its relatively small size (6.8 acres) in relation to the much larger parcels located further west and also in the MU- R designation. The proposed development meets this goal. • "Where appropriate,higher density and/or multi-family residential development is encouraged for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69." The Applicant is proposing multi family residential at a gross density of 9.67 units/acre which falls within the medium-high density residential range were the project to be located in that designation. In addition, the subject parcels have easy access to a new collector street that connects to Overland Road, an arterial; Overland provides access east and west from the site to major employment centers in Meridian and Boise. • "Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request, a development agreement will typically be required for developments with a Mixed- Use designation." An overall development plan is currently in place for the subject parcels and are currently approved as solely commercial sites. The Applicant is requesting to modify this plan to include multi family residential with the commercial uses proposed along Overland Road. • "In developments where multiple commercial and/or office buildings are proposed,the buildings should be arranged to create some form of common,usable area, such as a plaza or green space." Page 9 Page 304 Item#15. Staff is recommending revisions to the site plan that will help meet this comprehensive plan policy including eambining Af,e of the eanintereial buik4ings inte one in orek to provide for a shared plaza between the multi family and this commercial. With these changes, the project will meet this policy. • "The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development." The proposed plan depicts two-story, multi family residential as a transition from a busy arterial and commercial buildings to existing single-family homes directly to the south. The single-family development to the south would also have landscaping between their backyards and the proposed multi family residential. Many of these single-family homes abutting the subject site are attached products which makes the townhome style multi family an adequate transition to commercial uses. • "Community-serving facilities such as hospitals, clinics, churches, schools,parks,daycares,civic buildings, or public safety facilities are expected in larger mixed-use developments." The proposed project is not a larger mixed-use development; therefore, strict adherence to this policy is not feasible. • "Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas,outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count." Staff is recommending revisions commensurate with this policy in order to provide for a shared plaza between uses that are not outdoor seating areas for restaurants. Future commercial uses are not yet known so the Applicant is not proposing this as an option at this point. • "Mixed use areas should be centered around spaces that are well-designed public and quasi-public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further placemaking opportunities considered." As discussed earlier in the report, the subject parcels are small areas of undeveloped land within the MU-R designation and are separated from larger MU-R parcels further to the west by existing residential. These factors do not make it feasible for strict adherence to this policy. However, Staff has recommended revisions to the site plan in order to help meet other mixed-use policies that will, in-turn, move the project closer to compliance with this policy. • "All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians." The proposed development will be directly accessible to adjacent neighborhoods through extension of sidewalks from the existing network into the site. Staff believes better integration could occur if the concept plan is revised to reduce the commercial footprint and increase the shared area between the uses. • "Alleys and roadways should be used to transition from dissimilar land uses, and between residential densities and housing types." There are no alleys proposed in this development but the drive aisles within the proposed development act as a transition between the proposed residential and commercial areas as desired. Staff's recommended changes would further create this transition as described in more detail earlier in the report. • "Because of the parcel configuration within Old Town,development is not subject to the Mixed-Use standards listed herein." The subject property is not located in Old Town; therefore, this item is not applicable. Page 10 Page 305 Item#15. In reviewing development applications,the following items will be considered in MU-R areas,per the Comprehensive Plan: • "Developments should comply with the general guidelines for development in all Mixed-Use areas." See analysis above. • "Residential uses should comprise a minimum of 10%of the development area at gross densities ranging from 6 to 40 units/acre." The proposed development meets this policy by providing more than 10%as residential and with a gross density of nearly 10 units/acre. • "There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment uses." Staff is recommending that the non-retail commercial uses on this site be limited in order to ensure compatible uses are proposed in the future. Because of the relatively small size of this mixed-use site, this policy is better adhered to further to the west in the Silverstone or Rackham commercial developments. • "Retail commercial uses should comprise a maximum of 50%of the development area." Future commercial uses are not yet known at this time. However, Staff's proposed use restrictions may provide for more than 50%of the commercial area to be retail. It is more likely that office uses or a daycare may end up within the proposed commercial are due to their proximity to multi family residential. Staff will analyze this policy with future Certificate of Zoning Compliance applications. Based on the analysis above, Staff finds the proposed plan is generally consistent with the vision of the Comprehensive Plan for this area in regard to land use, density and transportation. Several different land-uses should exist within the future commercial area of the site and Staffs recommended changes should increase the development's consistency with the comprehensive plan. B. UNIFIED DEVELOPMENT CODE(UDC)ANALYSIS Conditional Use Permit(CUP)—Multi-family Development(UDC 11-4-3-27): The proposed multi-family development consists of 66 units with 56 on the western parcel and 10 units on the eastern parcel. The proposed use of multi-family residential is subject to conditional use permit approval by the Planning and Zoning Commission within the existing C-G zoning district and subject to specific use standards outlined in UDC 11-4-3-27 and below: 11-4-3-27—Multi-Family Development: A. Purpose: 1. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. 2. To create quality buildings and designs for multi-family development that enhance the visual character of the community. 3. To create building and site design in multi-family development that is sensitive to and well integrated with the surrounding neighborhood. 4. To create open space areas that contribute to the aesthetics of the community,provide an attractive setting for buildings, and provide safe,interesting outdoor spaces for residents. B. Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, Page 11 Page 306 Item#15. entrances,porches and patios, and how they impact adjacent properties.Proposed project shall comply with this requirement. 2. All on-site service areas,outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts screened trash enclosures that are only visible from the drive aisles; all proposed transformer/utility vaults shall also comply with this requirement. 3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios,decks, and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title.According to the submitted open space exhibit, the apartments are proposed with approximately 135 square feet of private open space in the form of private patios and decks for each unit, commensurate with traditional garden style apartment buildings. 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5.No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area.Applicant shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title.See analysis in staff report below. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c.A central mailbox location(including provisions for parcel mail)that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) Per the submitted plans, the Applicant appears to meet these requirements except for the property management office; it is unclear where this office is located on-site. Where it is not clear on the submitted plans, the Applicant shall comply with these requirements at the time of CZC submittal. The site plan submitted with the Certificate of Zoning Compliance application shall depict these items. C. Common Open Space Design Requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500)or less square feet of living area. b. Two hundred fifty(250) square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. Page 12 Page 307 Item#15. Each unit contains less than 1,200 square feet of living area therefore, 250 square feet of common open space is required per unit in accord with the requirements above. 2. Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty feet(20'). Proposed open space submitted as meeting this requirement has been reviewed.All area labeled as qualified common open space on the open space exhibit complies with this requirement. The Applicant has proposed 19,561 square feet of qualified open space while needing to provide a minimum of 16,500 square feet of common open space,the proposed open space exceeds the minimum requirements.In addition to the areas shown on the open space exhibit, there is an area north of the ten units in the very southeast corner of the project that abuts Movado Way that is also qualifying. This area is approximately 2,000 square feet in area which increases the qualified open space further but the exhibit does not show this. Because these ten units are part of the CUP request, the open space exhibit should also include those units and show how they are meeting the private open space requirements as well as show any other qualifying common open space. The proposed open space consists of a buffer between the multi family residential and the existing residential to the south, a mew between two of the 8 plex buildings, a plaza area along Movado Way that contains the amenities, and other small areas that meet the minimum dimensional standards. Despite the proposed open space exceeding the minimum required by code, the only area large enough for a more active open space is the green space to the south of the plaza area that abuts Movado Way and is approximately 3,000 square feet in area. Because of this, the recommended revisions to the site design are even more important because there would be another area where residents could sit and safely enjoy their development despite not counting towards the open space. Furthermore, the developer of the subject parcels is the same as those for the rest of Movado Estates and Movado Greens directly south of the proposed development.It can be assumed these residents will have the opportunity to utilize the existing pedestrian network to access the larger open spaces within those developments. The Applicant should verify this at the Commission hearing. Overall, the proposed open space meets these specific use standards and Staff finds the proposed open space is adequate, especially with Staffs recommended changes. 3. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. The multi family portion of the project is proposed to be developed in one(1)phase. 4. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4)in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff. retroactive to 2-4-2009). The required buffer along S. Movado Way, a collector street, is not shown as qualified open space on the submitted open space exhibit. However, a central open space area is proposed adjacent to Movado Way and is separated from the street by an existing buffer and fencing. D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life, open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1)Clubhouse. (2)Fitness facilities. Page 13 Page 308 Item#15. (3)Enclosed bike storage. (4)Public art such as a statue. b. Open space: (1)Open grassy area of at least fifty by one hundred feet(50 x 100') in size. (2) Community garden. (3)Ponds or water features. (4)Plaza. c. Recreation: (1)Pool. (2)Walking trails. (3) Children's play structures. (4) Sports courts. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two (2) amenities shall be provided from two(2) separate categories. b. For multi-family development between twenty(20)and seventy-five(75)units,three(3)amenities shall be provided,with one from each category. c. For multi-family development with seventy-five(75)units or more, four(4)amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision-making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Based on 66 proposed units a minimum of three(3) amenities are required. The Applicant has proposed 3 amenities, one from each category as required by code. The Applicant has proposed an enclosed bike storage area,a plaza, and a coffee kiosk.A coffee kiosk is not an option listed above in the Recreation category but subsection D.3 allows the decision-making body to authorize alternative options if they provide a similar level of amenity.If the Applicant can provide more detail in how the coffee kiosk will be operated as an amenity for this development,Staff finds it to be an adequate substitute.If the Commission finds this not to be true, an additional qualifying amenity should be added to meet these specific use standards. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2.All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(3')wide. b. For every three(3) linear feet of foundation,an evergreen shrub having a minimum mature height of twenty-four inches(24") shall be planted. Page 14 Page 309 Item#15. c. Ground cover plants shall be planted in the remainder of the landscaped area. The submitted landscape plan appears to meet these specific use standard landscape requirements and shall be further verified at the time of CZC submittal(see Exhibit VILD). Existing Structures/Site Improvements: There are no existing structures on site except for a vinyl privacy fence along Overland Road. S.Movado Way is a collector street that the Applicant was required to construct with previous approvals for Movado Estates and Movado Greens developments.All other site improvements would occur with these approvals. Dimensional Standards(UDC 11-2): The proposed development and future commercial buildings are required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. Submitted plans appear to show compliance with all dimensional standards except for the 10 units in the very southeast corner of the site, across from E. Vacheron Street. These units are also proposed as 2-bedroom units with tucked under 2-car garages facing east, meeting the minimum parking requirement for each unit. Submitted site plans appear to meet all UDC and specific use requirements. Access(UDC 11-3A-31: Access was discussed heavily in the transportation section of the comprehensive plan analysis section earlier in the report. For the benefit of this report a quick summary of the proposed access is also in this section and also includes analysis on the accesses proposed for the ten units in the southeast corner of the site across from E.Vacheron. Access for all sections of the development are proposed via driveway connections to Movado Way,the existing collector street; no units have direct vehicular access to Movado Way but do have easy pedestrian access. Staff is recommending some changes to the northernmost drive aisle in the northwest section of the development to increase pedestrian safety and create a better sense of place within the development. As noted in the previous dimensional standards section,the drive aisle access for the ten units in the SEC of the site does not show the required 5 feet of landscaping along the eastern property boundary. The driveway access for these units to Movado Way aligns with Vacheron Street and should be stubbed to the eastern property line in order to provide for cross-access to the adjacent parcel to the east that is in the City of Boise. This parcel has recently received approval from the City of Boise for a commercial and self-service storage development; cross-access to this development is already part of the existing DA in order to minimize direct access to Overland. Road Improvements: The Applicant is required to close any existing curb-cuts along Overland and/or Movado Way that are not proposed to be used. This includes the large curb cut along Overland that was required to be closed with previous approvals. In order to ensure this curb-cut is finally closed, Staff is recommending a condition of approval that no certificate of occupancy for the multi-family be issued until all curb-cuts are closed in line with ACHD requirements. Sidewalks (UDC 11-3A-17): All sidewalks adjacent to all public streets are already constructed as set forth in UDC 11-3A-17 except for the section noted above that requires the Applicant to close an old curb-cut. All other proposed sidewalks are adjacent to the multi-family residential buildings and shown adjacent to the future commercial structures. The pedestrian circulation that is a part of this project will be different should the Commission agree with Staff s recommended changes for the northernmost drive aisle in the northwest section of the site. Page 15 Page 310 Item#15. With Staffs recommended changes, the northernmost drive aisle would have detached sidewalks on both the north and south side of the drive aisle with ample room for additional trees. This change would create a short segment of boulevard between the residential and commercial components of the site but is both a better transition and area of integration than currently proposed, especially when the addition of a shard plaza is incorporated north of this drive aisle. In addition to the recommended detached sidewalks in this area, Staff is recommending at least one pedestrian crossing between the multi family townhomes and the commercial/plaza area that is clearly delineated from the driving surface by being constructed as either brickpavers, stamped concrete, or similar. These crossings should be clearly shown on the revised plans. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided as set forth in UDC Tables 11-213-3 for the C-G zoning district, and planted in accord with the standards listed in UDC 11-313-7C. The Overland and Movado Way street buffers are existing and are shown to remain intact during development. As discussed in the specific use standards section earlier in the report,the submitted landscape plans appear to show compliance with all other landscaping requirements for multi-family developments including vegetative ground cover and the correct number of trees. A 25-foot landscape buffer on the south side of the C-G zoning is required adjacent to the R-15 zoning district to the south. This buffer appears to be shown on the submitted plans and includes additional landscaping to help minimize any conflicts of the different residential types. Fencing(UDC 11-3A-6, I1-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall solid vinyl fence is proposed to remain along all property boundaries. It appears the existing fencing along Overland is to be removed but the buffer landscaping material will remain. All proposed fencing meets UDC requirements. 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. Storm drainage is proposed to be mitigated by underground seepage beds and/or retention ponds in accord with ACHD design criteria. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted for the 56 units on the western parcel; no elevations have been submitted for the future commercial structures or the ten units in the southeast corner of the development. The Applicant should provide conceptual elevations prior to the Commission meeting. All non-residential and multi-family structures require Administrative Design Review prior to obtaining building permits. At the time of those submittals, Staff will analyze conformance with the Architectural Standards Manual.An application for Certificate of Zoning Compliance is also required to be submitted along with Design Review for this entire development and each commercial structure. The elevations submitted for the 56 units on the western parcel show two-story structures with varying roof profiles along the rooflines and mostly lap-siding exteriors. No color elevations were submitted so materials and color palettes cannot be analyzed. However, Staff will analyze all elevations for compliance with the Architectural Standards Manual at the time of Design Review submittal. Furthermore, Staff is recommending a condition of approval that the same design elements are incorporated in the commercial and multi family development to ensure integration and congruency in design. Page 16 Page 311 Item#15. VI. DECISION A. Staff: Staff recommends approval of the proposed modification to the existing Development Agreement and approval of the requested Conditional Use Permit per the DA provisions and conditions of approval included in Section VIII in accord with the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on March 4, 2021. At the public hearing,the Commission moved to recommend denial of the subject Development Agreement Modification and Conditional Use Permit requests. 1. Summary of Commission public hearing_ a. In favor: Hethe Clark,Applicant Legal Rep. b. In opposition: Christy Decker,neighbor; Kevin Johnson,neighbor; Clarence Orton, neighbor; James Preuss,neighbor; JoAnn Gormley,neighbor; Dee Dee Toschi, neighbor; Walter Nye,neighbor; Sandi Gottesman,neighbor; Jane Quick,neighbor; Dave Bromley,neighbor;Jan Nye,neighbor; Glenda Conaughey,neighbor; Patricia Preuss,neighbor; Martha McClay,neighbor. c. Commenting: Hethe Clark,Christy Decker,Kevin Johnson, Clarence Orton, James Preuss,JoAnn Gormley,Dee Dee Toschi,Walter Nye, Sandi Gottesman,Jane Quick, Dave Bromley,Jan Nye, Glenda Conaughey,Patricia Preuss, and Martha McClay. d. Written testimony: None e. Staff presenting application: Joseph Dodson, Associate Planner f. Other Staff commenting on application: Bill Parsons, Current Planning Supervisor 2. Key issue(s) public testimony a. Quality of the proposed multi-family amenities and lack of area for children to plate b. Concern over no updated traffic study being required as well as the assumed increase of traffic from additional multi-family units; C. Value of adjacent homes being brought down by proposed multi-family development; d. Proximity of proposed two-story buildings to existing sin l�ry homes south of subject site; e. Property was approved for Commercial,not more residential; 3. Key issue(s)of discussion by Commission: a. Difficulty of losing commercial area to residential, specifically multi-family residential; b. How does the proposed coffee kiosk amenity work?—intended to be self-serve but stocked by the property management; c. Challenge of revising a master-planned community that was approved with a certain amount of commercial in order to incorporate more residential; d. Lack of integration of the proposed residential and commercial; L. Do the proposed changes match the comprehensive plan and offer an adequate amount of commercial and integration with the existingdevelopment evelopment to the south. 4. Commission change(s)to Staff recommendation: a. None—however, staff made revisions based upon discussions prior to the Commission hearing;these are noted by strikethrough and underline changes in the recommended conditions of approval. b. Commission recommended denial for the following reasons: it does not fit the Comprehensive plan,the proximity of the proposed apartments to the existing homes is too close, and that it does not fit with the existing character of the neighborhood. 5. Outstandingissue(s)ssue(s) for City Council: a. None Page 17 Page 312 Item#15. C. The Meridian City Council heard these items on April 20,2021. At the public hearing,the Council moved to approve the subject Conditional Use Permit and Development Agreement Modification requests. 1. Summary of the City Council public hearing: a. In favor: Hethe Clark,Applicant Attorney: Mark Bottles. Broker: b. In opposition: Gary Dudlicek,neighbor: Jane Quick,neighbor: Carol Ogburn.neighbor: JoAnn Gormley,neighbor:Jim Price.neighbor:Jan Nye,neighbor: Glenda McConaughev.neighbor:Patricia Price.neighbor: Martha McClay.neighbor: Vera Jo Bustos,neighbor;Dee Dee Toschi,neighbor: Dave Rognlie,nei bor- c. Commenting: Hethe Clark: Jim Conger,Developer:Mark Bottles:Kristy Anselman, ACHD: Gary Dudlicek: Jane Quick: Carol Ogburn:JoAnn Gormley: Jim Price: Jan Nye: Glend McConau homey;Patrici Price:Martha McCla� Vera Jo Bust== Dee Dee Toschi: Dave Rognlie. d. Written testimony: 14 pieces— 13 against. 1 in favor: Those against note the same issues as discussed at the previous Commission meeting. e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Quality and kind of amenities proposed: b. Increase of traffic.no new traffic study required, and what is the trigger for the C. Movado/Overland intersection to be signalized- d. Buffer width and vegetation density between proposed product type and existing single- story duplexes to the south: e. How do master planned developments like Movado change their plan after the fact: £ Difficulty of marketing the subject site for the amount of commercial currently proposed in the DA with the larger and more visible Eagle View Landing to the north slowly coming online: 3. Key issue(s)of discussion by City Council: a. Submitted letter from West Ada and the assumed number of children-, b. Issues associated with additional traffic from more residential versus commercial and why was a new traffic study not triggered: C. Quality of the proposed amenities—are the proposed amenities adequate for the proposal: d. Design of the newly proposed single-story townhomes and the overall proposed finishing materials of the proposed product tune: e. Height of all proposed structures, especially the newly proposed single-story units along the southern boundary, 4. City Council change(s)to Commission recommendation: a. Include an amenity that is child focused—no specific amenity was listed but Applicant should work with Staff to determine best fit. b. Restrict the units along the southern boundary of parcel S 1121121031 abutting the existing homes in Movado Greens to single-story only. Page 18 Page 313 �If.�l3 eE, v lis F!. R - -=,illy �}i R R I y s �]Fff■�•� fr I��v` � '` 1�� I �'� �, err■ f •F#/ +If;[ � I � fw i� ��' R �-.�pr`. ■ 11 � � Ij1• � �ro�!�I �1,9•Aq�lC! Item#15. B. Site Plan/New Concept Plan(date: 2/26/2021)NOT APPROVED -- .. � ! IN FF W1815"E a e 1 II a. _ o k � — — "�� 8�,� Ii I l � r 0 I :°.o" LEGEND � v,=,_mo ❑�I� � p Y , h , 8 V a 2 n m �({y ''IJY/�'?ITXI/TI � I /I/_' I Y.� •�� V �I �'�I q �y SREaDATA WE9T51TE L_ I F - .�— �F\ mNluurvx use Nxe. (oaaa xEu .xw sxn¢covumclu wsmle, u,sE.o x.,, I ffff I III ,____,� --�- .�� ,• �I 5lVA A ASI SII! � a zvx.a„c,c, aA vnn ulw sxx¢cwurnclu w.mlc, O O Z , � 0 O � NIA eV IA'ns PAFA 1] asf -=_ I I � - xxx,W� ( _��_�__ �_�_�__ �_�— �� u'o emxw. x aws/onrt(,me-w[9-xx sous nco'o❑x[xcl�o] SP100 Page 20 Page 315 Item#15. NCO36'�•E 94.W 5 4'45'34'E e.m' EOVERAND ROADLL, tl SW13`35'E+7,07 a 29 la N 46'25T MM' e I 46'TS'E W 9W F a n I acxtcr m oma � L aeurra ra ac>tuc I — '4 7 ,S 7 I �Te; 7 rr I '9� I $ xr I 1 'T I 26,98' I IIOVAlDO CRflM SUIENYWON Na i f i I I �I# I I N III I _ I _ r IJI f f� • I s , I o�xler 90 w9slc , C swra rlx Page 21 Page 316 Item#15. C. Landscape Plan(dated: 12/09/2020)NOT APPROVED PLANT PALETTE -E0-'1191 Miff �C ` n ! � � - I - Cn , i Q Q o w W if � 1-10 Page 22 Page 317 Item#15. D. Qualified Open Space Exhibit(dated: 7/30/2020)NOT APPROVED — — 4ACHITECTURE TGNSP UPSLUS,PA. TT 4 — _ � L �1 r 4� IJL . —__ I I I I I $` i I I I I I I I I I � I I-.::•___ I ¢io W1 �ti it rinn-crrrN tirnc:r J jo 4 d LEGEND ¢o z D w Vr Page 23 Page 318 Item#15. E. Conceptual Building Elevations JI) 0rel r ail aC) o DU10NSPLU,?.A --j T� -AD ID all (2)Y. .......... was 77Rx 777; SIDE 0 0 D ELEVATION ELEVAT ON (D 4 3 01 z BTG C a GO ILI -Ou r7=r BACK ELEVATION -RIGHT ALL RIGHT.RESERVED THIS DR-INSAADA-M-CONTAINEDHEREIR GTHE PROP-O-H-URE DING INS PLUS PA AND WAY NOT BE REUSE-THE NRITTENIFERMIS.-OFTHEAR-T- Page 24 Item#15. ARCHITECTURE DES[GNSPIUS,PA. PA 3 rn ml 66 mo U � - Z W _ w 0Z � fr�= a o 0� wHol Page 25 Page 320 Item#15. _—� ,� ,4RCHTT6C711RE - 1 �fSIGNSPLUS,P.A, S EAST ELEVATION NOKFH ELEVATION r- i SOU TN EL EVATION WEST ELEVATION NeW FI tIOR PIAN / { U 1`/Vl Q _ y } Y J —— W � Q 4 > N EET A 5.0 Page 26 Page 321 Item#15. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION Development Agreement Modification: 1. Within six(6)months of the City Council granting the subject modification,the owner shall sign and obtain Council approval of the amended development agreement that includes an updated development plan as shown in Section VII.B; the amended DA shall include the following provisions: a. Future development of this site shall be generally consistent with the conceptual site plan, conceptual building elevations, landscape plan, and qualified open space exhibits included in Section VII and the provisions contained herein with the following revisions: i. Condense t4e two eammer-eial buildings on the westem par-eel into a singular-two stefy str e4 ii. Remove the par-king along the nei4hemmest east west dfive aisle on the westem paf allow for-detaehed sidewalks on both sides with 9 feet wide pafkways and stfeet tfees; iii. Add a shared plaza to be used by the commercial and multi-family residential within the development located somewhere within the area of the proposed commercial buildings along Overland—conceptual design of this area should be completed by the Applicant and submitted to Planning Staff for review prior to the City Council hearing; iv. Include at least one(1)pedestrian crossing from the multi-family townhomes to the shared plaza and commercial that is clearly delineated from the driving surface by being constructed with brick pavers, stamped concrete, or similar; b. The allowed uses within the future commercial buildings shall be flex-space, office,retail, personal and professional services,restaurant,and daycare uses to aid in the integration and compatibility with the multi-family residential;no drive throughs shall be permitted within this development without obtaining a modification to this agreement. c. No building permits shall be issued for this development until the property has been subdivided in accord with the approved preliminary plat(H-2017-0104). d. The Applicant shall grant cross-access with the adjacent property to the east(Parcel #S 1121110200)located somewhere along the shared eastern property boundary; copy of the agreement shall be provided with the Certificate of Zoning Compliance application. e. The units alone the southern boundary of parcel#S 1121121031 shall be restricted to single-story only. Page 27 Page 322 Item#15. Conditional Use Permit(CUP): 2. The Applicant shall adhere to all previous conditions of approval associated with this site(H-2016- 0112 &H-2017-0104). 3. With the Ceritificate of Zoning Compliance application,the Applicant shall submit a revised site plan and landscape plan to reflect Staffs recommended layout changes above and the following dimensional standard revisions: i. Revise the drive aisle in the southeast corner of the western parcel to reduce this segment's length to no more than 150 feet. 4 At least ten(10) days prior-to the City Counei' hear-in^With the Ceritificate of Zoning Compliance as nl ,the Applicant shall submit a revised open space exhibit showing the ten(10)units in the southeast corner of the development and compliance with the multi-family open space standards. 5. Prior to obtaining certificate of occupancy on any building within this development,the Applicant shall close all curb-cuts not being proposed for use along S. Movado Way and E. Overland Road with curb, gutter, and sidewalk commensurate with ACHD requirements. 6. The Appheant shall provide eeneeptttal elevations for-the proposed multi family dwellings loeated i.n. the vefy southeast eemer-of the site and all eenffner-eial buildings a4 least ten(10) days prior-to the City Gets ei i ear-ing 7. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. 8. An additional amenity shall be added to the site that is feared towardschildren i.e. a tot-lot, climbing boulders. etc.l. 9. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for multi-family dwellings based on the number of bedrooms per unit. 10. The Applicant shall comply with all ACHD conditions of approval. 11. The Applicant shall obtain Administrative Design Review and Certificate of Zoning Compliance approvals for the future commercial buildings prior to submittal for any building permits for the commercial portion of the development. 12. The Applicant shall obtain Administrative Design Review and Certificate of Zoning Compliance approvals for the multi-family residential buildings prior to submittal for any building permits for the residential portion of the development. Because the two multi-family developments are separated by S. Movado Way and on separate lots,the applicant shall submit a Design Review application for each lot. 13. Future building elevations of both the commercial and multi-family development shall incorporate similar design elements and finish materials to ensure cohesive project design. 14. The Applicant shall remove the existing privacy fencing along the Overland Road frontage for the commercial portion of the site with development of each commercial site and subsequent Certificate of Zoning Compliance approval. 15. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. Page 28 Page 323 Item#15. 16. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-313-14. 17. The conditional use approval shall become null and void unless otherwise approved by the City if the applicant fails to 1)commence the use, satisfy the requirements, acquire building permits and commence construction within two years as set forth in UDC 11-513-6F.1; or 2)obtain approval of a time extension as set forth in UDC 11-5B-6F.4. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 No Permanent structures(buildings, carports,trash receptacle walls, fences,infiltration trenches, lightpoles,etc.)can be built within the utility easement. It is unclear as to how the commercial/office building in the northeast corner will be serviced. 1.2 Eliminate water main dead-end at southeast corner of western parcel;possibly run a service line to the building instead. 1.3 A streetlight plan will need to be included in the final plat or building permit application. Streetlight plan requirements are listed in section 6 of the City's Design Standards. Streetlights are required on Overland Road. Streetlights shall be installed and operational prior to any occupancy as required in section 6 of the Meridian Design Standards. 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. Page 29 Page 324 Item#15. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping, amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review,and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. Page 30 Page 325 Item#15. 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. POLICE DEPARTMENT https://weblink.meridianciU.org/WebLink/DocView.aspx?id=222720&dbid=0&repo=Meridian City&cr =1 D. NAMPA-MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.otglWebLinkIDocView.aspx?id=223055&dbid=0&repo=MeridianCitX E. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD) https:Ilweblink.meridianciU.org/WebLink/DocView.aspx?id=222773&dbid=0&repo=Meridian CitX F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=222737&dbid=0&repo=Meridian CitX G. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=218002&dbid=0&repo=MeridianCitX H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:Ilweblink.meridiancily.org/WebLink/Doc View.aspx?id=218955&dbid=0&repo=Meridian CitX IX. FINDINGS A. Conditional Use Permit Findings (UDC 11-5B-6L): The commission shall base its determination on the conditional use permit request upon the following: Page 31 Page 326 Item#15. 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. If all conditions of approval are met, Council finds the submitted site plan shows compliance with all dimensional and development regulations in the C-G zoning district in which it resides. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Council finds the proposed use of multi family residential, with Staffs recommended revisions, is harmonious with the comprehensive plan designation of Mixed-Use Regional and the requirements of this title when included in the overall project analysis. 3. That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Despite the proposed use being different than the residential uses directly to the south, Council finds the design, construction, and proposed operation and maintenance will be compatible with other uses in the general neighborhood and should not adversely change the essential character of the same area, so long as the Applicant complies with Staffs recommended revisions and maintains all required landscape buffers. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Council finds the proposed use, if it complies with all conditions of approval imposed, will not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection,drainage structures, refuse disposal,water,and sewer. Council finds the proposed use will be served adequately by essential public facilities and services because all services are readily available. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. All public facilities and services are readily available for the subject site so Council finds the proposed use will not be detrimental to the economic welfare of the community or create excessive additional costs for public facilities and services. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke,fumes, glare or odors. Although traffic is sure to increase in the vicinity with the addition of more residential units, all major roadways adjacent to the site are already at their full width and the development has multiple Page 32 Page 327 Item#15. avenues of accessing the arterial network to the north or to the south. Therefore, Council finds the proposed use will not be detrimental to any persons,property, or the general welfare. 8. That the proposed use will not result in the destruction,loss or damage of a natural,scenic or historic feature considered to be of major importance. (Ord.05-1170,8-30-2005, eff.9-15- 2005) Council is unaware of any natural, scenic, or historic features within the development area, therefore, Council finds the proposed use should not result in damage of any such features. Page 33 Page 328 Item#16. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Agreement Between City of Meridian and Nampa and Meridian Irrigation District for Five Mile Pathway along Five Mile Drain at Quartet Subdivision Northeast No. 1 Page 329 AGREEMENT AGREEMENT,made and entered into this 6th day of July ,2021,by and between NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigation district organized and existing under and by virtue of the laws of the State of Idaho,hereinafter referred to as the"District,"and THE CITY OF MERIDIAN,a political subdivision and municipality of the State of Idaho hereinafter referred to as the"City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19,2000,recorded as Instrument No. 100102999, records of Ada County,Idaho,hereinafter referred to as the"Master Pathway Agreement;"and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities;to enhance the City's pathway planning though early consultation between the City and the District;to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches,property, operations and maintenance; and, WHEREAS, the District grants to the City the right develop pathways to encroach within the District's easements and/or fee title property along and across the District's ditches,canals and easements/fee title property therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed crossing and encroachment; and, WHEREAS,the City is the owner of the real property easement/right of way that is servient to the District's easement/fee title property particularly described in the"Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS,the District controls the irrigation/drainage ditch or canal known as the FIVE MILE DRAIN (hereinafter referred to as "ditch or canal") together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the City as shown on Exhibit B attached hereto and by this reference made a part hereof(in some locations along this portion of the Five Mile Drain the District owns real property in fee title); and WHEREAS,the City desires approval to construct,install, operate and maintain a paved pathway within the District's easement/fee title property for the Five Mile Drain under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, AGREEMENT-Page 1 Page 330 Item#16. NOW,THEREFORE,for and in consideration of the premises and of the covenants,agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: 1. The City may construct, operate, maintain and repair a 10 foot wide asphalt pedestrian pathway within the District's easement and/or fee title property for the Five Mile Drain at Quartet Northeast Subdivision No. 1,located northeast of the intersection of Black Cat Road and Ustick Road in Meridian,Ada County, Idaho. 2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the"Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be from one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with,and running with, all of the lands of the City described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF,the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA&MERIDIAN IRRIGATION DISTRICT By- - - - Its President ATTEST: Its Secretary R AGREEMENT-Page 2 Page 331 THE CITY OF MERIDIAN o�QSED AUGusl, . By -- - b rtki Mayor 7- 6 - 2021 ATT ' ?V �w ( 11y of ( E IDIAN$ - IDAHO birW rs Jo n , City - - 21 STATE OF IDAHO ) 2l�Q04the TREPSJ�� ss : County of Canyon ) On this day of 2021 , before me, the undersigned, a Notary Public in and for said State, personally appeared Clinton C . Pline and Michael Comeskey, known to me to be the President and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal , the day and year in this certificate first above written. I Notary Public for Idaho Residing at , Idaho My Commission Expires : STATE OF IDAHO ) ss : County of Ada ) On this 6th day of July 2021 , before me, the undersi ed, 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, the entity that executed the foregoing instrument and acknowledged to me that such entity executed the same . IN WITNESS WHEREOF , I have hereunto set myhand and affixed my official seal, the day and year I � in this certificate first above written . om N Ulm/ 1 Notary Public for Idaho FCHARLENE WAY Residing at Merl I�a anIdaho SSION #67390 My Commission Expires : 3 - 28 - 2022 ARY PUBLlC TE OF IDAHO SION EXPIRES 3/28/22 AGREEMENT - Page 3 Item#16. EXHIBIT A Leval Description Aright-of-way/easement located within Quartet Northeast Subdivision No.l in the S 1/2 ofthe NE1/4 of Section 34, Township 4 North,Range 1 West,B.M.,Meridian, Ada County, Idaho. The portion of the pathway which is on north side of the Five Mile Drain is located on the District's easement or fee title property is being approved pursuant to this Agreement(i.e.there is no right-of-way/easement of the City for this portion of the pathway and improvements but said pathway and improvements are being approved/consent to pursuant to the terms of this Agreement). EXHIBIT B Location of Property/Drain See Exhibit C-1 attached hereto. EXHIBIT C Special Conditions a. The location and construction of the pathway shall be in accordance with Exhibit C-1, attached hereto and by this reference made a part hereof. b. In the locations referenced herein and where City proposes construction,the District owns fee title to a portion of the real property along and adjacent to the Five Mile Drain. To the extent the District does not own the property in fee,Licensee acknowledges that the District's easement for the Five Mile Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean,maintain and repair the ditch or drain,and to access the ditch or drain for said purposes,and is a minimum of 130 feet,65 feet on either side of the centerline of the ditch or drain facing downstream. C. Construction shall be completed one year from the date of this agreement. Time if of the essence. 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W W Y l 0001 II ---- I I 1 p22 iE � g 4 •� 7� �F uvnonv QUARTET NORTHEAST SUBDIVISION NO.i v t w �R�e MERIDIAN,IDAHO �re.n wxn wmm R LANDSCAPE PLAN � ` Page 336 tl1°E f Exhibit C-1 , page 3 Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Artwork License Agreements for the Traffic Box Community Art Project 2021 Series Page 337 Item#17. ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT ("Agreement")is made this 6th day of July , 2021 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Joyce Green, an individual person("Artist"). WHEREAS,the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian as derivative works,with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project("Project"), as a benefit to the public; WHEREAS,Artist submitted a response to the Call for Artists,which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 13, 2021, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the piece of art entitled Jerseys in Idaho, depicted in Exhibit C hereto ("Artwork") submitted by Artist, and on June 15, 2021, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 21-2271; WHEREAS,Artist wishes to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict a derivative work of the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. License; alterations. Artist grants to City an irrevocable license to digitally and/or photographically produce a derivative work from the image of the original Artwork,print such image or portion(s)thereof on one or more vinyl wraps ("Vinyl Wrap"), install the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho, and authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing,printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof,be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box as a derivative work of the Artwork, or for any other purpose, in City's sole discretion. B. Delivery of Artwork; purpose. Artist shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork,printing such image or portions thereof on the Vinyl Wrap, and installing the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Artist's person,property, or interests. Insurance of original Artwork shall be in Artist's sole discretion and responsibility. Artist shall bear any and all risks of and actual loss,theft, and/or damage to the original Artwork. C. Copyright. Artist and City agree that the Vinyl Wrap shall constitute a derivative work of the Artwork with a separate copyright. Artist shall maintain any copyright in the original Artwork. City shall maintain ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE I page 338 Item#17. the copyright of the derivative work and any product or component thereof, including the Vinyl Wrap created therefrom,which shall belong wholly to the City, and Artist shall not make any claim thereto. As to the derivative work: 1. Artist expressly waives any and all right, title, or interest in the images or products created using the derivative work. Artist understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation,publication, and display. 2. Artist agrees to relinquish and waive any and all rights,title, and interest to the derivative work, images thereof, or images of any portion thereof, including, but not limited to,the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Artist is creator of Artwork. Artist warrants and represents that Artist is the sole creator of the Artwork; and that Artist is the lawful owner of all rights in the Artwork and the content depicted therein. E. Ownership. City shall own the digital image created from Artwork and any derivative work arising from a portion or product thereof, including the Vinyl Wrap created therefrom. The installation location(s) of the Vinyl Wrap created as derivative works from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's sole discretion. Artist specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof for preparation of the derivative work, including the Vinyl Wrap created therefrom. City shall not be obligated by this Agreement to install any Vinyl Wrap featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Artist for services rendered pursuant to this Agreement in the amount of six hundred dollars ($600.00). This payment shall constitute full compensation from City to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Artist consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, derivative works created using Artwork, and/or the Vinyl Wrap for promotional purposes. IL TERMS AND CONDITIONS A. Acknowledgment. Artist acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Artist shall indemnify, save and hold harmless,release and forever discharge City and its agents and employees from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Artist or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Artist is an independent contractor and is not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 2 page 339 Item#17. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party,or agents of either party,whether oral or written. The terms of this Agreement may not be enlarged,modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County,Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable,the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms,provisions, covenants and conditions of this Agreement shall inure to the benefit of,and shall be binding upon,each party and their successors, assigns, legal representatives,heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement,it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: Joyce e—reen CITY OF MERIDIAN: BY: Attest: Robert E. Simison,Mayor 7-6-2021 Chris Johnson, City Clerk 7-6-2021 ARTWORK LICENSE AGREEMENT:TRAFFIC BOX CommuNny ART PROTECT PAGE 3 Page 340 Item#17. Meridian Commission EXHIBIT A Call for Artists: TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. Artwork included in the repository may not be selected for a traffic box wrap. A $600 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City's selected vendor. ELIGIBILITY: This project is open to applicants regardless of race, gender, gender identity, sexual orientation, religion, nationality, or disability. The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho's Treasure Valley, created using any medium, so long as it can be represented in a high- resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to three (3) images for consideration; a maximum of two (2) images per person may be selected for inclusion in the repository. Incomplete or late submissions will be deemed ineligible and will not be considered. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: • Completed, signed Traffic Box Art Image Repository Application &t Acknowledgements form; • Descriptions of artwork submitted (which may be used on the online Digital Public Art Map and/or in posted descriptions of completed boxes), approx. 2-3 sentences per artwork, in .pdf format; • Biography of the artist (or artist statement), must fit on one-page, in .pdf format; and • Up to three (3) digital images of original artwork proposed for inclusion in the digital repository, image file names must include artist's last name and artwork title. E mailed submissions may be sent to macCmeridiancity.or : documents must be .PDF and artwork images must be .JPG format. Hard copy materials (printed on 20 lb paper) may be submitted via U.S. Mail or in-person delivery, addressed to: Meridian Arts Commission 33 East Broadway Avenue Ste 206 Meridian ID 83642 DEADLINE: This call shall be open until 11:59 p.m. on Thursday, April 15, 2021. SELECTION PROCESS: The selection of art for inclusion in the digital repository will be made by MAC. MAC will notify selectees by email by May 17, 2021. In evaluating eligible proposals, the following factors will be considered and scored out of a total 100 points possible: • Quality of work (30 points); • Consistency with City policy and community values (30 points); • Contribution to aesthetic and cultural atmosphere of the Meridian community (30 points); and • Suitability of design and concept for a traffic box wrapping (10 points). Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via e-mail to macCmeridiancity.org. ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 1 page 341 Item#17. EXHIBIT B APPLICATION MATERIALS ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE I page 342 Item#17. Y--7' NAer,dian, Commission Application Et Acknowledgments: TRAFFIC BOX ART DIGITAL REPOSITORY Applicant: E-mail address: lollal A-raO .1�C 4D>n�-X'& Mailing address: f08B WEST" caATwwy Ale&4"J* rv%_&ci Ur Am _rPAJ10 R74Y16 Physical address: 0,6ve- Applicant phone: Day: 206 888 -agV7 Cell: 2ice go -S V6 9 Where did you hear about this opportunity?: ?CGCO, F 5< 5 Grn�f i Image title(s): 1. 2. 3. I hereby acknowledge the following stipulations and agree that if one of the images listed above is selected for inclusion in the Traffic Box Art Digital Repository, such inclusion shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. i specifically acknowledge and agree that: A. All artwork submitted with this proposal for consideration for inclusion in the digital 77F repository is original work that I myself conceived and created in all respects. B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap, I I AL I will be required to enter into a written agreement with the City of Meridian establishing the specific terms and conditions of such installation. No entitlement will issue or attach prior to negotiation and execution of such agreement. C. Before work represented in the repository may be installed as a vinyl traffic box wrap, 1 will INIT be required to provide the original artwork from which the image was taken. If the original artwork is no longer in my possession, I will advise the Meridian Arts Commission so that the image may be removed from the digital repository as a potential option for installation as a vinyl wrap. IID. Upon submission of artwork to the City of Meridian for consideration for inclusion in the AL digital repository, such submission is a public record, subject to the Idaho Public Records Act. E. Artwork included in the digital repository may be removed from the repository, and/or the '"' AL repository may be deleted or discontinued, without notice to the artist. F. The City seeks to encourage artistic expression and public dialogue, but must simultaneously '"'T' ensure that persons of diverse ages and perspectives feel welcome and comfortable in public spaces. To this end, only artwork meeting the eligibility standards described in the Call for Artists shalt be included in the digital repository. I acknowledge and understand, and submit my proposal subject to, each and all of these terms and conditions. Signature: Date: Page 343 Item#17. Joyce Green 1088 W. Chateau Avenue Meridian, Idaho 83646 208-888-2427 joycegreenart@cableone.net joyceg reenwatercolors.com Originally from Minnesota, Joyce Green has been a professional artist for over thirty five years. She has earned signature membership in the American Watercolor Society (New York), and also holds signature status inThe National Watercolor Society, The Transparent Watercolor Society ofAmerica, and Watercolor West. She has had works selected for exhibition the Rocky Mountain National (Denver), the Northwest Watercolor Society (Seattle), The Western Federation of Watercolor Societies, The San Diego Watercolor Society, and many regional venues. Her work has won numerous awards, including four"Best of Show"honors, and the Bill Peregrin award at the 2011 Watercolor West Exhibition, and a Dick Blick Award at the 2020 Rocky Mountain National Watermedia exhibit. She is a distinguished merit member and past president of the Idaho Watercolor Society. Joyce holds degrees in art from the University of Minnesota, Duluth(B.S. magna cum laude), and the University of Arizona (M.Ed). She has held professional positions in art education in Ohio and Arizona, and teaches watercolor workshops and classes in Idaho. She has also served as curator of education at the Columbus (Ohio) Museum of Art. She has resided in Idaho for over 35 years. Travel, both foreign and domestic, has been, and continues to be, one of the most stimulating influences on Joyce's artistic life. Many of her paintings have been inspired by the experiences encountered in more than 50 years of travels, literally around the world, with her late husband Robert. They have traveled to more than 80 countries since the 1960's. For over two decades, Joyce has focused upon the use of the traditional watercolor medium. She is fascinated by the expressive effects possible through layering glazes to build color and textural nuance, allowing exploration of design possibilities in light patterns regardless of the subject she chooses. Masking is used only for specific effects, such as to capture the play of light on the surface of the water. The use of masking facilitates the feeling of surface, allowing the glazed layers to develop the depth of transparencies desired. "I strive to paint memorable and personally creatively authentic visions, carefully designed and technically proficient in my chosen medium. I prefer to express positive aspects of life." Page 344 Item#17. Descriptions of Artwork Submitted by Joyce Green 1. Jerseys in Idaho: watercolor These cows are truly citizens of Meridian. I found them off Victory Road, and they immediately chose to greet me when I pulled off the road to photograph them. The barn is also a genuine Meridian barn, which was between Linder and Meridian Road on McMillan for many years, now unfortunately razed to make way for yet another subdivision. It was a beautiful barn, and I would love to see this part of Meridian's past displayed for all to see on a traffic box.! 2. Flume Fortissimo: watercolor Part of my Water Music series, Flume Fortissimo references both a water name and a music name. It is one of the more abstract compositions in that series, and took inspiration from a falls on the Little Salmon north of New Meadows. I hope you can almost hear the roar! 3. Basque Dancers (Weave): watercolor Actually"Weaving the Dance", this group of Basque heritage children were dancing their way through a parade. I have loved the Basque cultural presence in our community, and the sheer joy of the dance. Every dancer smiles! So much fun! I am known in this area for my Basque Dancer paintings. Page 345 Item#17. EXHIBIT C JERSEYSINIDAHO 4 Y Yt j • V4 ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 8 page 346 Item#17. ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT ("Agreement")is made this6th day of July , 2021 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Marne Elmore, an individual person("Artist"). WHEREAS,the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian as derivative works,with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project("Project"), as a benefit to the public; WHEREAS,Artist submitted a response to the Call for Artists,which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 13, 2021, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the piece of art entitled Billy, depicted in Exhibit C hereto ("Artwork") submitted by Artist, and on June 15, 2021, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 21-2271; WHEREAS,Artist wishes to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict a derivative work of the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. License; alterations. Artist grants to City an irrevocable license to digitally and/or photographically produce a derivative work from the image of the original Artwork,print such image or portion(s)thereof on one or more vinyl wraps ("Vinyl Wrap"), install the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho, and authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing,printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof,be cropped,resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box as a derivative work of the Artwork, or for any other purpose, in City's sole discretion. B. Delivery of Artwork; purpose. Artist shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork,printing such image or portions thereof on the Vinyl Wrap, and installing the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Artist's person,property, or interests. Insurance of original Artwork shall be in Artist's sole discretion and responsibility. Artist shall bear any and all risks of and actual loss,theft, and/or damage to the original Artwork. C. Copyright. Artist and City agree that the Vinyl Wrap shall constitute a derivative work of the Artwork with a separate copyright. Artist shall maintain any copyright in the original Artwork. City shall maintain ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE I page 347 Item#17. the copyright of the derivative work and any product or component thereof, including the Vinyl Wrap created therefrom,which shall belong wholly to the City, and Artist shall not make any claim thereto. As to the derivative work: 1. Artist expressly waives any and all right, title, or interest in the images or products created using the derivative work. Artist understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation,publication, and display. 2. Artist agrees to relinquish and waive any and all rights,title, and interest to the derivative work, images thereof, or images of any portion thereof, including, but not limited to,the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Artist is creator of Artwork. Artist warrants and represents that Artist is the sole creator of the Artwork; and that Artist is the lawful owner of all rights in the Artwork and the content depicted therein. E. Ownership. City shall own the digital image created from Artwork and any derivative work arising from a portion or product thereof, including the Vinyl Wrap created therefrom. The installation location(s) of the Vinyl Wrap created as derivative works from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's sole discretion. Artist specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof for preparation of the derivative work, including the Vinyl Wrap created therefrom. City shall not be obligated by this Agreement to install any Vinyl Wrap featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Artist for services rendered pursuant to this Agreement in the amount of six hundred dollars ($600.00). This payment shall constitute full compensation from City to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Artist consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, derivative works created using Artwork, and/or the Vinyl Wrap for promotional purposes. IL TERMS AND CONDITIONS A. Acknowledgment. Artist acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Artist shall indemnify, save and hold harmless,release and forever discharge City and its agents and employees from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Artist or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Artist is an independent contractor and is not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 2 page 348 Item#17. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either parry,whether oral or written. The terms of this Agreement may not be enlarged,modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid,or unenforceable,the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms,provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives,heirs,executors, and administrators- H. Advice of attorney. Each party warrants and represents that in executing this Agreement,it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: Mayide Elmore CITY OF MERIDIAN.- BY: Attest: Robert E. Simison.Mayor 7-6-2021 Chris Johnson, City Clerk 7-6-2021 ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 3 Page 349 Item#17. Meridian Commission EXHIBIT A Call for Artists: TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. Artwork included in the repository may not be selected for a traffic box wrap. A $600 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City's selected vendor. ELIGIBILITY: This project is open to applicants regardless of race, gender, gender identity, sexual orientation, religion, nationality, or disability. The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho's Treasure Valley, created using any medium, so long as it can be represented in a high- resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to three (3) images for consideration; a maximum of two (2) images per person may be selected for inclusion in the repository. Incomplete or late submissions will be deemed ineligible and will not be considered. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: • Completed, signed Traffic Box Art Image Repository Application &t Acknowledgements form; • Descriptions of artwork submitted (which may be used on the online Digital Public Art Map and/or in posted descriptions of completed boxes), approx. 2-3 sentences per artwork, in .pdf format; • Biography of the artist (or artist statement), must fit on one-page, in .pdf format; and • Up to three (3) digital images of original artwork proposed for inclusion in the digital repository, image file names must include artist's last name and artwork title. E mailed submissions may be sent to macCmeridiancity.or : documents must be .PDF and artwork images must be .JPG format. Hard copy materials (printed on 20 lb paper) may be submitted via U.S. Mail or in-person delivery, addressed to: Meridian Arts Commission 33 East Broadway Avenue Ste 206 Meridian ID 83642 DEADLINE: This call shall be open until 11:59 p.m. on Thursday, April 15, 2021. SELECTION PROCESS: The selection of art for inclusion in the digital repository will be made by MAC. MAC will notify selectees by email by May 17, 2021. In evaluating eligible proposals, the following factors will be considered and scored out of a total 100 points possible: • Quality of work (30 points); • Consistency with City policy and community values (30 points); • Contribution to aesthetic and cultural atmosphere of the Meridian community (30 points); and • Suitability of design and concept for a traffic box wrapping (10 points). Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via e-mail to macCmeridiancity.org. ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 1 page 350 Item#17. EXHIBIT B APPLICATION MATERIALS ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE I page 351 Item#17. Meridian Commission Application Et Acknowledgments: TRAFFIC BOX ART DIGITAL REPOSITORY Applicant: E-mail address: Mailing address: Physical address: Applicant phone: Day: Cell: Where did you hear about this opportunity?: Image title(s): 1. 2. 3. 1 hereby acknowledge the following stipulations and agree that if one of the images listed above is selected for inclusion in the Traffic Box Art Digital Repository, such inclusion shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge and agree that: A. All artwork submitted with this proposal for consideration for inclusion in the digital INITIAL repository is original work that I myself conceived and created in all respects. B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap, INITIAL I will be required to enter into a written agreement with the City of Meridian establishing the specific terms and conditions of such installation. No entitlement will issue or attach prior to negotiation and execution of such agreement. C. Before work represented in the repository may be installed as a vinyl traffic box wrap, I will INITIAL be required to provide the original artwork from which the image was taken. If the original artwork is no longer in my possession, I will advise the Meridian Arts Commission so that the image may be removed from the digital repository as a potential option for installation as a vinyl wrap. D. Upon submission of artwork to the City of Meridian for consideration for inclusion in the INITIAL digital repository, such submission is a public record, subject to the Idaho Public Records Act. E. Artwork included in the digital repository may be removed from the repository, and/or the INITIAL repository may be deleted or discontinued, without notice to the artist. F. The City seeks to encourage artistic expression and public dialogue, but must simultaneously INITIAL ensure that persons of diverse ages and perspectives feel welcome and comfortable in public spaces. To this end, only artwork meeting the eligibility standards described in the Call for Artists shall be included in the digital repository. I acknowledge and understand, and submit my proposal subject to, each and all of these terms and conditions. Signature: ' r 0111- Date: Page 352 Item#17. Marne Elmore Meridian Arts Commission Traffic Box Art Image Repository 2021 Artist Statement As a printmaker, I value the qualities of repetition and variation inherent in all art that comes from the hand. I incorporate several artistic mediums including drawing and painting in my studio practice while engaging in the printmaking mediums of intaglio, relief printmaking, and lithography. I am a methodical, process-oriented artist.The fodder for my inspiration is varied, but includes the landscape, the environment, space, and politics. Biography Marne Elmore grew up in the small, quiet, and scenic Wood River Valley in Bellevue, Idaho. She attended Oregon State University where she received a Bachelor of Fine Arts in Visual Art with a minor in Art History. Elmore received a Master of Fine Arts degree at the University of New Mexico with a studio art emphasis in Printmaking. Currently, Elmore is living and working in Boise, Idaho, where she has been for nigh seven years. Page 353 Item#17. Marne Elmore Meridian Arts Commission Traffic Box Art Image Repository 2021 Artwork Descriptions i. Billy, linocut and woodblock print, 11.5" x 9" This piece is a much smaller version of a larger woodcut I created that explores the intrinsically adept nature of mountain goats and their fearless intimidation alongside their simultaneous quirkiness. They are masters of slight rock face, and their skills are confounding. 2. Untitled(Buffalo), woodcut and woodblock print, 8" x lo" This piece is a reflection on the strange juxtaposition of what could be deemed `wild' and the state of the natural world in places where extreme human interaction has led to a convolution of such `wild' spaces. It is also a wonderment of persistence of species in tough circumstances throughout history. 3. Gila Rattler, two-color lithograph and woodcut print, 22"x 15" It is wildly terrifying to come close to a rattlesnake unexpectedly. This print is based on one such experience and the raw appreciation of such a volatile, dangerous, and yet, gorgeous creature. Page 354 I I r GGG 9 i J 41 " Item#17. ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT ("Agreement")is made this 6th day of July , 2021 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Miguel Almeida, an individual person("Artist"). WHEREAS,the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian as derivative works,with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project("Project"), as a benefit to the public; WHEREAS,Artist submitted a response to the Call for Artists,which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 13, 2021, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the piece of art entitled Somos Idaho, depicted in Exhibit C hereto ("Artwork") submitted by Artist, and on June 15, 2021, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 21-2271; WHEREAS,Artist wishes to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict a derivative work of the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. License; alterations. Artist grants to City an irrevocable license to digitally and/or photographically produce a derivative work from the image of the original Artwork,print such image or portion(s)thereof on one or more vinyl wraps ("Vinyl Wrap"), install the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho, and authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing,printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof,be cropped,resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box as a derivative work of the Artwork, or for any other purpose, in City's sole discretion. B. Delivery of Artwork; purpose. Artist shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork,printing such image or portions thereof on the Vinyl Wrap, and installing the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Artist's person,property, or interests. Insurance of original Artwork shall be in Artist's sole discretion and responsibility. Artist shall bear any and all risks of and actual loss,theft, and/or damage to the original Artwork. C. Copyright. Artist and City agree that the Vinyl Wrap shall constitute a derivative work of the Artwork with a separate copyright. Artist shall maintain any copyright in the original Artwork. City shall maintain ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE I page 356 Item#17. the copyright of the derivative work and any product or component thereof, including the Vinyl Wrap created therefrom,which shall belong wholly to the City, and Artist shall not make any claim thereto. As to the derivative work: 1. Artist expressly waives any and all right, title, or interest in the images or products created using the derivative work. Artist understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation,publication, and display. 2. Artist agrees to relinquish and waive any and all rights,title, and interest to the derivative work, images thereof, or images of any portion thereof, including, but not limited to,the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Artist is creator of Artwork. Artist warrants and represents that Artist is the sole creator of the Artwork; and that Artist is the lawful owner of all rights in the Artwork and the content depicted therein. E. Ownership. City shall own the digital image created from Artwork and any derivative work arising from a portion or product thereof, including the Vinyl Wrap created therefrom. The installation location(s) of the Vinyl Wrap created as derivative works from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's sole discretion. Artist specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof for preparation of the derivative work, including the Vinyl Wrap created therefrom. City shall not be obligated by this Agreement to install any Vinyl Wrap featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Artist for services rendered pursuant to this Agreement in the amount of six hundred dollars ($600.00). This payment shall constitute full compensation from City to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Artist consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, derivative works created using Artwork, and/or the Vinyl Wrap for promotional purposes. IL TERMS AND CONDITIONS A. Acknowledgment. Artist acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Artist shall indemnify, save and hold harmless,release and forever discharge City and its agents and employees from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Artist or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Artist is an independent contractor and is not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 2 page 357 Item#17. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either parry,whether oral or written. The terms of this Agreement may not be enlarged,modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable,the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms,provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives,heirs, executors, and administrators. H. Advice of attorney. Each parry warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: Miguel Almeida CITY OF MERIDIAN: BY: Attest: Robert E. Simison,Mayor 7-6-2021 Chris Johnson, City Clerk 7-6-2021 ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 3 page 358 Item#17. Meridian Commission EXHIBIT A Call for Artists: TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. Artwork included in the repository may not be selected for a traffic box wrap. A $600 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City's selected vendor. ELIGIBILITY: This project is open to applicants regardless of race, gender, gender identity, sexual orientation, religion, nationality, or disability. The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho's Treasure Valley, created using any medium, so long as it can be represented in a high- resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to three (3) images for consideration; a maximum of two (2) images per person may be selected for inclusion in the repository. Incomplete or late submissions will be deemed ineligible and will not be considered. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: • Completed, signed Traffic Box Art Image Repository Application &t Acknowledgements form; • Descriptions of artwork submitted (which may be used on the online Digital Public Art Map and/or in posted descriptions of completed boxes), approx. 2-3 sentences per artwork, in .pdf format; • Biography of the artist (or artist statement), must fit on one-page, in .pdf format; and • Up to three (3) digital images of original artwork proposed for inclusion in the digital repository, image file names must include artist's last name and artwork title. E mailed submissions may be sent to macCmeridiancity.or : documents must be .PDF and artwork images must be .JPG format. Hard copy materials (printed on 20 lb paper) may be submitted via U.S. Mail or in-person delivery, addressed to: Meridian Arts Commission 33 East Broadway Avenue Ste 206 Meridian ID 83642 DEADLINE: This call shall be open until 11:59 p.m. on Thursday, April 15, 2021. SELECTION PROCESS: The selection of art for inclusion in the digital repository will be made by MAC. MAC will notify selectees by email by May 17, 2021. In evaluating eligible proposals, the following factors will be considered and scored out of a total 100 points possible: • Quality of work (30 points); • Consistency with City policy and community values (30 points); • Contribution to aesthetic and cultural atmosphere of the Meridian community (30 points); and • Suitability of design and concept for a traffic box wrapping (10 points). Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via e-mail to macCmeridiancity.org. ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 1 page 359 Item#17. EXHIBIT B APPLICATION MATERIALS ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE I page 360 Item#17. Meridian Commission Application Et Acknowledgments: TRAFFIC BOX ART DIGITAL REPOSITORY Applicant: E-mail address: Mailing address: Physical address: Applicant phone: Day: Cell: Where did you hear about this opportunity?: Image title(s): 1. 2. 3. 1 hereby acknowledge the following stipulations and agree that if one of the images listed above is selected for inclusion in the Traffic Box Art Digital Repository, such inclusion shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge and agree that: A. All artwork submitted with this proposal for consideration for inclusion in the digital INITIAL repository is original work that I myself conceived and created in all respects. B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap, INITIAL I will be required to enter into a written agreement with the City of Meridian establishing the specific terms and conditions of such installation. No entitlement will issue or attach prior to negotiation and execution of such agreement. C. Before work represented in the repository may be installed as a vinyl traffic box wrap, I will INITIAL be required to provide the original artwork from which the image was taken. If the original artwork is no longer in my possession, I will advise the Meridian Arts Commission so that the image may be removed from the digital repository as a potential option for installation as a vinyl wrap. D. Upon submission of artwork to the City of Meridian for consideration for inclusion in the INITIAL digital repository, such submission is a public record, subject to the Idaho Public Records Act. E. Artwork included in the digital repository may be removed from the repository, and/or the INITIAL repository may be deleted or discontinued, without notice to the artist. F. The City seeks to encourage artistic expression and public dialogue, but must simultaneously INITIAL ensure that persons of diverse ages and perspectives feel welcome and comfortable in public spaces. To this end, only artwork meeting the eligibility standards described in the Call for Artists shall be included in the digital repository. I acknowledge and understand, and submit my proposal subject to, each and all of these terms and conditions. Signature: Date: Page 361 Item#17. Miguel Almeida is a Boise based illustrator and artist. He works both traditionally and digitally. His work touches on the subject of growing up as a first generation Mexican American. Miguel's art style is a combination of colors inspired by Mexican folk art and heavy line work to create a graphic style. He uses bright colors he grew up seeing in the architecture of Mexican cities, ceramics, clothing, and even the pastries when visiting his grandparents in Zacatecas, Mexico. He has always been fascinated with Alebrijes. Miguel grew up seeing them being sold in Mexican street markets and in the media. He often replaces the characters with alebrije like figures in my paintings. Page 362 Item#17. 01. Somos Idaho Digital Illustration 8" x 10" "Somos Idaho" is a piece of artwork to represent Mexican Immigrant farm workers who are often in the shadows of Idaho but provide something essential to all of our survival. They play a big role in keeping our communities fed and food on our tables. 02. Dia De Los Muertos Digital Illustration 8" x 10" This illustration was made during 2020's Dia De los Muertos. I often like to create Dia De Los Muertos art around the holiday and reminisce on loved ones that have passed in my life. 03. Tu Lucha Es Mi Lucha Digital Illustration 8" x 10" "Tu Lucha Es Mi Lucha" was inspired by the phrase, which is a solidarity phrase. It is often used to stand in solidarity with another person in hardships. I come from a family deeply rooted in community and I have often resonated with that phrase in my life. Page 363 Item#17. EXHIBIT C SOMOSIDAHO ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 8 Page 364 Item#17. ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT ("Agreement")is made this 6th day of July , 2021 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Rachel Linquist, an individual person("Artist"). WHEREAS,the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian as derivative works,with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project("Project"), as a benefit to the public; WHEREAS,Artist submitted a response to the Call for Artists,which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 13, 2021, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the piece of art entitled At the Keys, depicted in Exhibit C hereto ("Artwork") submitted by Artist, and on June 15, 2021, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 21-2271; WHEREAS,Artist wishes to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict a derivative work of the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. License; alterations. Artist grants to City an irrevocable license to digitally and/or photographically produce a derivative work from the image of the original Artwork,print such image or portion(s)thereof on one or more vinyl wraps ("Vinyl Wrap"), install the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho, and authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing,printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof,be cropped,resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box as a derivative work of the Artwork, or for any other purpose, in City's sole discretion. B. Delivery of Artwork; purpose. Artist shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork,printing such image or portions thereof on the Vinyl Wrap, and installing the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Artist's person,property, or interests. Insurance of original Artwork shall be in Artist's sole discretion and responsibility. Artist shall bear any and all risks of and actual loss,theft, and/or damage to the original Artwork. C. Copyright. Artist and City agree that the Vinyl Wrap shall constitute a derivative work of the Artwork with a separate copyright. Artist shall maintain any copyright in the original Artwork. City shall maintain ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE I page 365 Item#17. the copyright of the derivative work and any product or component thereof, including the Vinyl Wrap created therefrom,which shall belong wholly to the City, and Artist shall not make any claim thereto. As to the derivative work: 1. Artist expressly waives any and all right, title, or interest in the images or products created using the derivative work. Artist understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation,publication, and display. 2. Artist agrees to relinquish and waive any and all rights,title, and interest to the derivative work, images thereof, or images of any portion thereof, including, but not limited to,the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Artist is creator of Artwork. Artist warrants and represents that Artist is the sole creator of the Artwork; and that Artist is the lawful owner of all rights in the Artwork and the content depicted therein. E. Ownership. City shall own the digital image created from Artwork and any derivative work arising from a portion or product thereof, including the Vinyl Wrap created therefrom. The installation location(s) of the Vinyl Wrap created as derivative works from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's sole discretion. Artist specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof for preparation of the derivative work, including the Vinyl Wrap created therefrom. City shall not be obligated by this Agreement to install any Vinyl Wrap featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Artist for services rendered pursuant to this Agreement in the amount of six hundred dollars ($600.00). This payment shall constitute full compensation from City to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Artist consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, derivative works created using Artwork, and/or the Vinyl Wrap for promotional purposes. IL TERMS AND CONDITIONS A. Acknowledgment. Artist acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Artist shall indemnify, save and hold harmless,release and forever discharge City and its agents and employees from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Artist or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Artist is an independent contractor and is not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 2 page 366 Item#i D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, mod ified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the tenns, provisions, covenants and conditions of this Agreement shall i nure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and. represents that in executing this Agreement, it has received independent legal advice from ids attorneys or the opportunity to seek such advice. I. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein . J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity 'in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above . ARTIST: ka'chel Linquist CITY OF MERIDIAN : BY: Attest,,,; Robert E. Simison, Mayor 7-6-2021 Chris Johnson, City Clerk 7-6-2021 ARTWORK LICENSE AGREEMENT: TRAFFIC Box COMMUNITY ART PROJECT PAGE 3 Page 367 Item#17. Meridian Commission EXHIBIT A Call for Artists: TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. Artwork included in the repository may not be selected for a traffic box wrap. A $600 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City's selected vendor. ELIGIBILITY: This project is open to applicants regardless of race, gender, gender identity, sexual orientation, religion, nationality, or disability. The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho's Treasure Valley, created using any medium, so long as it can be represented in a high- resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to three (3) images for consideration; a maximum of two (2) images per person may be selected for inclusion in the repository. Incomplete or late submissions will be deemed ineligible and will not be considered. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: • Completed, signed Traffic Box Art Image Repository Application &t Acknowledgements form; • Descriptions of artwork submitted (which may be used on the online Digital Public Art Map and/or in posted descriptions of completed boxes), approx. 2-3 sentences per artwork, in .pdf format; • Biography of the artist (or artist statement), must fit on one-page, in .pdf format; and • Up to three (3) digital images of original artwork proposed for inclusion in the digital repository, image file names must include artist's last name and artwork title. E mailed submissions may be sent to macCmeridiancity.or : documents must be .PDF and artwork images must be .JPG format. Hard copy materials (printed on 20 lb paper) may be submitted via U.S. Mail or in-person delivery, addressed to: Meridian Arts Commission 33 East Broadway Avenue Ste 206 Meridian ID 83642 DEADLINE: This call shall be open until 11:59 p.m. on Thursday, April 15, 2021. SELECTION PROCESS: The selection of art for inclusion in the digital repository will be made by MAC. MAC will notify selectees by email by May 17, 2021. In evaluating eligible proposals, the following factors will be considered and scored out of a total 100 points possible: • Quality of work (30 points); • Consistency with City policy and community values (30 points); • Contribution to aesthetic and cultural atmosphere of the Meridian community (30 points); and • Suitability of design and concept for a traffic box wrapping (10 points). Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via e-mail to macCmeridiancity.org. ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 1 page 368 Item#17. EXHIBIT B APPLICATION MATERIALS ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE I page 369 Item#17. Meridian Commission Application Ft Acknowledgments: TRAFFIC BOX ART DIGITAL REPOSITORY Applicant: E-mail address: r a c:V,e" Mailing address: 323 2- S- C tc�jim v, 7 d 41 Physical address: r` Applicant phone: Day: 2 cJ Z 3 - -7�9 `f Cell: Where did you hear about this opportunity?: Image title(s): 1. Y, 4C i n s 2. c- L _ c 1 3. I hereby acknowledge the following stipulations and agree that if one of the images listed above is selected for inclusion in the Traffic Box Art Digital Repository, such inclusion shall occur subject to these general terms and conditions, as well as 'subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge and agree that: A. All artwork submitted with this proposal for consideration for inclusion in the digital 141 IAL repository is original work that I myself conceived and created in all respects. B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap, 114AT7 I will be required to enter into a written agreement with the City of Meridian establishing the specific terms and conditions of such installation. No entitlement will issue or attach prior to negotiation and execution of such agreement. L L C. Before work represented in the repository may be installed as a vinyl traffic box wrap, I will ITIAL be required to provide the original artwork from which the image was taken. If the original artwork is no longer in my possession, I will advise the Meridian Arts Commission so that the image may be removed from the digital repository as a potential option for installation as a vinyl wrap. �. D. Upon submission of artwork to the City of Meridian for consideration for inclusion in the NITIAL digital repository, such submission is a public record, subject to the Idaho Public Records Act. `- E. Artwork included in the digital repository may be removed from the repository, and/or the AL repository may be deleted or discontinued, without notice to the artist. F. The City seeks to encourage artistic expression and public dialogue, but must simultaneously I AL ensure that persons of diverse ages and perspectives feel welcome and comfortable in public spaces. To this end, only artwork meeting the eligibility standards described in the Call for Artists shall be included in the digital repository. I acknowledge and understand, and submit my proposal subject to, each and all of these terms and conditions. Signature: 2.(1C' _ Date: Page 370 Item#17. r hel Linguistst * 3272 Clayton PI. Boise 83704 *208.863.7884 * rachel.linguist@gmail.com *Instagram.com/HenandChickArt 15 April 2021 Meridian Arts Commission 33 East Broadway Ave Ste 206 Meridian ID 83642 Dear Traffic Box Art Committee: I would love to contribute my art through the traffic box program, to help lift the hearts of people of the area as mine has been lifted so often by the beautiful traffic boxes around Meridian. I studied music education in college, and then became a stay at home mom when my son was born. I soon started a business making stuffed toys. I branched out to art dolls, and took some community education art classes to hone my skills. I selected a watercolor painting class, and found a new passion. I started a second business selling my art originals, prints and cards, which has been growing every year since. I've been a member of the Treasure Valley Artist's Alliance for a decade and a member of the Idaho Watercolor Society for two years, through which I've shown my work numerous times. I have run my small business, with it's doll making and it's watercolor art branches, for 12 years without ever having a late order. I am a reliable and conscientious worker and will be able to fill the needs of this committee for this project. Through my watercolor paintings, I express the joy I find in color and the natural world. I explore a small scene in time and sit with it, ferreting out the little pockets of beauty and color to emphasize in each piece, and create a bold and colorful end product. I would love to offer that to passersby of a busy intersection, and perhaps inspire a bit of kindness and joy in each passing motorist and pedestrian. The pieces that I submit today include: • Road Trip in the Mountains, watercolor on paper. This piece expresses the gorgeous views of the beautiful state of Idaho, incorporating mountains and pine trees, beautiful billowing clouds, and the curve of the highway. The journey is the destination. • Three Pears in a Blue Bowl, watercolor on paper. Captured at the moment of perfect ripeness, these three yellow pears contrasted beautifully with the cobalt blue of the bowl. You can almost taste the pears! • At the Keys, watercolor on paper. After a long day I love to sit at the piano and play my favorite songs. It calms me like nothing else, and makes me appreciate the joy that music (whether creating or listening) can bring to us all. I'm eager to apply my skills to the city's public art collection. Thank you for this opportunity to add to the ever increasing beauty of Meridian! Sincerely, Rachel Linquist, artist Page 371 Item#17. EXHIBIT C A T THE KEYS -• tr L E C I I Y� .3 � 1 •1'T� 1 { t ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 8 page 372 Item#17. ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT ("Agreement") is made this 6th day of July , 2021 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Lupe Galvan, an individual person("Artist"). WHEREAS,the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian as derivative works,with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project("Project"), as a benefit to the public; WHEREAS,Artist submitted a response to the Call for Artists,which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 13, 2021,the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the piece of art entitled Deer at Dusk, depicted in Exhibit C hereto ("Artwork") submitted by Artist, and on June 15, 2021, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 21-2271; WHEREAS,Artist wishes to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict a derivative work of the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed,the Parties agree as follows: I. SCOPE. A. License; alterations. Artist grants to City an irrevocable license to digitally and/or photographically produce a derivative work from the image of the original Artwork,print such image or portion(s)thereof on one or more vinyl wraps ("Vinyl Wrap"), install the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho, and authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing,printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof,be cropped,resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box as a derivative work of the Artwork, or for any other purpose, in City's sole discretion. B. Delivery of Artwork; purpose. Artist shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork,printing such image or portions thereof on the Vinyl Wrap, and installing the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss,theft, or damage of original Artwork and/or of Artist's person,property, or interests. Insurance of original Artwork shall be in Artist's sole discretion and responsibility. Artist shall bear any and all risks of and actual loss,theft, and/or damage to the original Artwork. C. Copyright. Artist and City agree that the Vinyl Wrap shall constitute a derivative work of the Artwork with a separate copyright. Artist shall maintain any copyright in the original Artwork. City shall maintain ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE I page 373 Item#17. the copyright of the derivative work and any product or component thereof, including the Vinyl Wrap created therefrom,which shall belong wholly to the City, and Artist shall not make any claim thereto. As to the derivative work: 1. Artist expressly waives any and all right,title, or interest in the images or products created using the derivative work. Artist understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation,publication, and display. 2. Artist agrees to relinquish and waive any and all rights,title, and interest to the derivative work, images thereof, or images of any portion thereof, including,but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Artist is creator of Artwork. Artist warrants and represents that Artist is the sole creator of the Artwork; and that Artist is the lawful owner of all rights in the Artwork and the content depicted therein. E. Ownership. City shall own the digital image created from Artwork and any derivative work arising from a portion or product thereof, including the Vinyl Wrap created therefrom. The installation location(s) of the Vinyl Wrap created as derivative works from Artwork, if any,will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's sole discretion. Artist specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof for preparation of the derivative work, including the Vinyl Wrap created therefrom. City shall not be obligated by this Agreement to install any Vinyl Wrap featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Artist for services rendered pursuant to this Agreement in the amount of six hundred dollars ($600.00). This payment shall constitute full compensation from City to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Artist consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, derivative works created using Artwork, and/or the Vinyl Wrap for promotional purposes. II. TERMS AND CONDITIONS A. Acknowledgment. Artist acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Artist shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Artist or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Artist is an independent contractor and is not an employee, agent,joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. ARTWORK LICENSE AGREEMENT:TRAFFIC BOX COMMUNITY ART PROJECT PAGE 2 page 374 Item#17. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms,provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives,heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. 1. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: Lup Galvan CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 7-6-2021 Chris Johnson, City Clerk 7-6-2021 ARTWORK LICENSE AGREEMENT:TRAFFIC Box COMMUNITY ART PROJECT PAGE 3 page 375 Item#17. Meridian Commission EXHIBIT A Call for Artists: TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. Artwork included in the repository may not be selected for a traffic box wrap. A $600 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City's selected vendor. ELIGIBILITY: This project is open to applicants regardless of race, gender, gender identity, sexual orientation, religion, nationality, or disability. The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho's Treasure Valley, created using any medium, so long as it can be represented in a high- resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to three (3) images for consideration; a maximum of two (2) images per person may be selected for inclusion in the repository. Incomplete or late submissions will be deemed ineligible and will not be considered. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: • Completed, signed Traffic Box Art Image Repository Application &t Acknowledgements form; • Descriptions of artwork submitted (which may be used on the online Digital Public Art Map and/or in posted descriptions of completed boxes), approx. 2-3 sentences per artwork, in .pdf format; • Biography of the artist (or artist statement), must fit on one-page, in .pdf format; and • Up to three (3) digital images of original artwork proposed for inclusion in the digital repository, image file names must include artist's last name and artwork title. E mailed submissions may be sent to macCmeridiancity.or : documents must be .PDF and artwork images must be .JPG format. Hard copy materials (printed on 20 lb paper) may be submitted via U.S. Mail or in-person delivery, addressed to: Meridian Arts Commission 33 East Broadway Avenue Ste 206 Meridian ID 83642 DEADLINE: This call shall be open until 11:59 p.m. on Thursday, April 15, 2021. SELECTION PROCESS: The selection of art for inclusion in the digital repository will be made by MAC. MAC will notify selectees by email by May 17, 2021. In evaluating eligible proposals, the following factors will be considered and scored out of a total 100 points possible: • Quality of work (30 points); • Consistency with City policy and community values (30 points); • Contribution to aesthetic and cultural atmosphere of the Meridian community (30 points); and • Suitability of design and concept for a traffic box wrapping (10 points). Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via e-mail to macCmeridiancity.org. ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE I page 376 Item#17. EXHIBIT B APPLICATION MATERIALS ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE I page 377 Item#17. Meridian Commission Application Et Acknowledgments: TRAFFIC BOX ART DIGITAL REPOSITORY Applicant: J. Lupe Galvan E-mail address: lupeglvn@gmail.com Mailing address: 12 S Cypress St Boise ID 83705 Physical address: 12 S Cypress St Boise ID 83705 Applicant phone: Day: 208-985-3648 Cell: Where did you hear about this opportunity?: Alexa Rose Foundation Image title(s): 1. Deer at Dusk 2. Sawtooths 3 Pronghorn I hereby acknowledge the following stipulations and agree that if one of the images listed above is selected for inclusion in the Traffic Box Art Digital Repository, such inclusion shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge and agree th t: A. All artwork submitted with this proposal for consideration for inclusion in the digital IT L repository is original work that I myself conceived and created in all respects. B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap, "' AL I will be required to enter into a written agreement with the City of Meridian establishing the specific terms and conditions of such installation. No entitlement will issue or attach prior to negotiation and execution of such agreement. C. Before work represented in the repository may be installed as a vinyl traffic box wrap, I will '" ' be required to provide the original artwork from which the image was taken. If the original artwork is no longer in my possession, I will advise the Meridian Arts Commission so that the image may be removed from the digital repository as a potential option for installation as a vinyl wrap. D. Upon submission of artwork to the City of Meridian for consideration for inclusion in the /INI 'A digital repository, such submission is a public record, subject to the Idaho Public Records Act. E. Artwork included in the digital repository may be removed from the repository, and/or the "' 'A repository may be deleted or discontinued, without notice to the artist. F. The City seeks to encourage artistic expression and public dialogue, but must simultaneously NI IA ensure that persons of diverse ages and perspectives feel welcome and comfortable in public spaces. To this end, only artwork meeting the eligibility standards described in the Call for Artists shall be included in the digital repository. I acknowledge and 41derstand, and submit my proposal subject to, each and all of these terms and conditions. Signature: Date: 3/29/21 Page 378 Item#17. Born in 1981, I grew up in rural Idaho among the farm lands of the Snake River valley. I earned my BFA in Illustration from Boise State in 2006 and an MFA from The New York Academy of Art in 2009. I live and work in Boise, I am interested in figurative painting, Plein Air Landscape and Illustration. Page 379 Item#17. TRAFFIC BOX ART IMAGE REPOSITORY Deer At Dusk: Original is a mixed media drawing.Two Mule deer running at Dusk- stylized background inspired by 19th Century Impressionist Posters. Sawtooths:A Digital Drawing of the Sawtooths,it is inspired by Japanese Block Print Styles.It was created using about 20 layers including scans of actual paper for texture,gradients and overlays. Pronghorn: From the original oil painting,it is a depiction of Pronghorn Running.As a child seeing pronghorn run in distant fields was a common sight. Page 380 Item#17. EXHIBIT C DEER A T DUSK s v, 4 � / y J ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 8 page 381 Item#18. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: First Addendum to Professional Services Agreement Between the City of Meridian and Sensus USA Inc. for Monitoring and Data Collection Page 382 I&M, Mayor Robert Simison IDIANCity Council Memberfo �► Joe Borton D A H O Lulze Cavener Public Liz 5 Beret Liz Strader lt Works Department Jessica Hoaglu Brad oagln un 000 TO: Mayor Robert Simison Members of the City Council FROM: Laurelei McVey, Deputy Director Utility Operations DATE: 6/28/2021 SUBJECT: Consent Agenda Item: Sensus Professional Services Agreement Addendum#1 I. RECOMMENDED ACTION Item to be placed on Consent Agenda with the recommendation that the Mayor sign and the clerk attest. II. DEPARTMENT CONTACT PERSONS Laurelei McVey, Deputy Director Utility Operations 985-1259 III. DESCRIPTION In May 2018, the City entered into a Professional Services Agreement(PSA)with Sensus, the primary manufacturer of the City's water meters to study, quantify, and mitigate a potential warranty issue with a certain type of meter manufactured over a specific period. Over the past three years, the City and Sensus worked collaboratively to monitor and resolve this potential meter issue. This addendum finalizes the term of the original PSA. Addendum#1 officially transfers permanent ownership of the meter reading tower equipment (base station) and MXUs (meter reading transmitters)to the City. These were purchased and installed at the sole cost of Sensus in 2018. Addendum#1 also provides the City with a full 20-year warranty for any remaining meters (from the potentially suspect manufacturing period)that are still installed in the City's system. Monitoring of these meters over the past three years indicate low failure rates. However, if these meters fail before their expected lifespan they will be replaced under a full warranty. Approved for Council Agenda: Date 6/28/2021 Page 1 of 1 Page 383 FIRST ADDENDUM to PROFESSIONAL SERVICES AGREEMENT FOR MONITORING AND DATA COLLECTION I This FIRST ADDENDUM to PROFESSIONAL SERVICES AGREEMENT FOR j MONITORING AND DATA COLLECTION("First Addendum")is made this 6th day of July ,2021,by and between Sensus USA Inc., a Delaware corporation whose j address is 8601 Six Forks Rd., Suite 700,Raleigh NC 27516 ("Sensus"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the state of Idaho ("City"). i WHEREAS, on May 22,2018, Sensus and City entered into a Professional Services Agreement for Monitoring and Data Collection ("May 22, 2018 Agreement"), for the purpose of studying, quantifying, and mitigating a warranty issue identified in some iPERL Meters operating within Meridian; and WHEREAS, Sensus and City are mutually interested in resolving such issue; NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, City and Sensus agree as follows: j i I. SECTION 2(a). Section 2(a) of the May 22, 2018 Agreement shall be amended to read as follows: a. Flexnet Infrastructure and training. In order to monitor iPERL meters manufactured prior to July 2014, Sensus has provided and installed in Meridian approximately 3,750 Dual port 520M SmartPoint modules, approximately one hundred fifty (150) single port 520M SmartPoint Modules, and an M400 Base Stations (collectively "Flexnet Infrastructure"). Sensus hereby conveys to City, and City hereby accepts ownership of,the Flexnet Infrastructure. Contingent on appropriation, it is City's intent to install two (2) additional M400 base stations within twenty-four (24)months in order to maximize meter performance monitoring capacity. Sensus shall train the Meridian staff regarding how to identify and track meter performance using the Flexnet Infrastructure. II. SECTION 2(e), Section 2(e) of the May 22,2018 Agreement shall be amended to read as follows: e. Warranty. Sensus's standard G500 limited warranty, attached hereto as Exhibit A, will apply to all Replacement Meters, and to each and all of the 6,831 of the iPERL meters manufactured between 2010 and 2014 and installed in Meridian. Such warranty shall be applicable for twenty(20)years from date of shipment. III.MAY 22,2018 AGREEMENT FULLY IN EFFECT. The intent and effect of this First Addendum is to amend sections 2(a) and 2(e) of the May 22, 2018 Agreement. Except as expressly set forth herein,this Addendum does not otherwise modify or alter any term or condition of the May 22,2018 Agreement in any way. The May 22,2018 Agreement FIRST ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT WITH SENSUS FOR MONITORING AND DATA COLLECTION PAGE 1 OF 2 Item#18. remains in full effect, and all terms and conditions thereof are incorporated in this First Addendum as though fully set forth herein. IN WITNESS WHEREOF,the parties hereto have executed this First Addendum on the Effective Date written above. SENSUS USA INC. By: Tim Harriger(Jun25,202116:38EDT) Name: Tim Harriger Title: VP Sales,NA Water CITY OF MERIDIAN: Robert E. Simison,Mayor 7-6-2021 Attest: Chris Johnson, City Clerk 7-6-2021 FIRST ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT WITH SENSUS FOR MONITORING AND DATA COLLECTION PAGE 2 OF 2 Page 385 Item#18. iI with Sensus for Final Audit Report 2021-06-25 Created: 2021-06-25 By: Trena Simmons(trena.simmons@xyleminc.com) Status: Signed Transaction ID: CBJCHBCAABAALYsA4ojleJkgS8XHO-XVez7jCXcJR9DL "6-7-21 First Addendum to PSA with Sensus for Monitoring and Data Collection" History Document created by Trena Simmons (trena.simmons@xyleminc.com) 2021-06-25-8:32:03 PM GMT-IP address:4.34,229.34 Document emailed to Tim Harriger(tim.harriger@xylem.com)for signature 2021-06-25-8:32:46 PM GMT Email viewed by Tim Harriger(tim.harriger@xylem.com) 2021-06-25-8:37:27 PM GMT-IP address: 170.205.158.13 6a Document e-signed by Tim Harriger(tim.harriger@xylem.com) Signature Date:2021-06-25-8:38:05 PM GMT-Time Source:server-IP address: 170.205.158.13 Agreement completed. 2021-06-25-8:38:05 PM GMT Adobe Sign ....[—Page 386 Item#19. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Professional Service Agreements for West Ada School District Student Artwork for Traffic Box Community Art Project 2021 Series Page 387 Item#19. PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this 6th day of July , 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Jose Ochoa or Monica Ochoa, ("Contractor"), an individual person and parent or legal guardian of Viviana Ochoa, a minor child("Artist"). WHEREAS,the City desires that public art will be a component of our community and to that end, has undertaken the Traffic Box Community Art Project("Project"), within which artwork created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District, as a benefit to the public; WHEREAS,representatives of the Meridian Arts Commission("MAC") selected a piece of art created by Artist entitled"The Art Within Words"as depicted in Exhibit A hereto ("Artwork"), to become an installation as part of the Project; MAC made this recommendation to Meridian City Council, and the Meridian City Council accepts MAC's recommendation; and WHEREAS,Artist and Contractor wish to participate in the Project by allowing the Artwork to become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person,property, or interests. Insurance of Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork. Contractor expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the PROFESSIONAL SERVICES AGREEMENT—UTILITY Box WRAP PAGE page 388 Item#19. Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Contractor warrants and represents that the Artwork has never before been created,published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the Artwork. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Contractor for services rendered pursuant to this Agreement in the amount of fifty dollars ($50.00). This payment shall constitute full compensation from City to Contractor and to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Contractor and/or Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Contractor consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. II.TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor or Artist in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or any official, agent, or employee of City. PROFESSIONAL SERVICES AGREEMENT-TRAFFIC BOX WRAP PAGE Page 389 Item#19. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The teens of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, perfonnance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. 1. Compliance with law. Contractor and Artist shall comply with any and all applicable federal, state, and local laws. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. CONTACTOR: ARTIST: o v I a N 0 "Guardtian a Viviana Ochoa na Ochoa CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 7-6-2021 Chris Johnson, City Clerk 7-6-2021 PROFESSIONAL SERVICES AGREEMENT—UTILITY Box WRAP PAGE 3 o Page 390 Item#19. EXHIBIT A VIVIANA OCHOA .�` • ,.ram , t � Ice 1p ' 4 4 • PROFESSIONAL SERVICES AGREEMENT—TRAFFIC BOX WRAP PAGE Page 391 Item#19. PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this 6th day of July , 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Heather Schumacher, ("Contractor"), an individual person and parent or legal guardian of Sienna Meuser, a minor child("Artist"). WHEREAS,the City desires that public art will be a component of our community and to that end, has undertaken the Traffic Box Community Art Project("Project"), within which artwork created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District, as a benefit to the public; WHEREAS,representatives of the Meridian Arts Commission("MAC") selected a piece of art created by Artist entitled"Lily Pads," as depicted in Exhibit A hereto ("Artwork"), to become an installation as part of the Project; MAC made this recommendation to Meridian City Council, and the Meridian City Council accepts MAC's recommendation; and WHEREAS,Artist and Contractor wish to participate in the Project by allowing the Artwork to become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person,property, or interests. Insurance of Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork. Contractor expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the PROFESSIONAL SERVICES AGREEMENT—UTILITY Box WRAP PAGE page 392 Item#19. Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Contractor warrants and represents that the Artwork has never before been created,published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the Artwork. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Contractor for services rendered pursuant to this Agreement in the amount of fifty dollars ($50.00). This payment shall constitute full compensation from City to Contractor and to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Contractor and/or Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Contractor consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. II.TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor or Artist in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or any official, agent, or employee of City. PROFESSIONAL SERVICES AGREEMENT-TRAFFIC BOX WRAP PAGE page 393 Item#19. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The teens of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms,provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. 1. Compliance with law. Contractor and Artist shall comply with any and all applicable federal, state, and local laws. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. CONTACTOR: ARTIST: Heather Schumacher Sienna Meuser Parent or Guardian of Sienna Meuser CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 1-b-2021 Chris Johnson, City Clerk 7-6-2021 PROFESSIONAL SERVICES AGREEMENT—UTILITY BOX WRAP PAGE 3 o page 394 Item#19. EXHIBIT A ,SIENNA ME USER i ,I �l ® 0 1r �. r- PROFESSIONAL SERVICES AGREEMENT—TRAFFIC BOX WRAP PAGE Page 395 Item#19. PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this 6th day of July , 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Anissa Bramlet, ("Contractor"), an individual person and parent or legal guardian of Carissa Bramlet, a minor child("Artist"). WHEREAS,the City desires that public art will be a component of our community and to that end, has undertaken the Traffic Box Community Art Project("Project"), within which artwork created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District, as a benefit to the public; WHEREAS,representatives of the Meridian Arts Commission("MAC") selected a piece of art created by Artist entitled"Winter Tree and Me," as depicted in Exhibit A hereto ("Artwork"), to become an installation as part of the Project; MAC made this recommendation to Meridian City Council, and the Meridian City Council accepts MAC's recommendation; and WHEREAS,Artist and Contractor wish to participate in the Project by allowing the Artwork to become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person,property, or interests. Insurance of Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork. Contractor expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the PROFESSIONAL SERVICES AGREEMENT—UTILITY BOX WRAP PAGE page 400 Item#19. Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Contractor warrants and represents that the Artwork has never before been created,published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the Artwork. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Contractor for services rendered pursuant to this Agreement in the amount of fifty dollars ($50.00). This payment shall constitute full compensation from City to Contractor and to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Contractor and/or Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Contractor consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. II.TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor or Artist in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or any official, agent, or employee of City. PROFESSIONAL SERVICES AGREEMENT-TRAFFIC BOX WRAP PAGE page 401 Item#19. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Compliance with law. Contractor and Artist shall comply with any and all applicable federal, state, and local laws. J. City Council approval.required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. CONTACTOR: ARTIST: RM t�issaBramlct Carissa Bramlet Parent or Guardian of Carissa Bramlet CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 7-6-2021 Chris Johnson, City Clerk 7-6-2021 PROFESSIONAL SERVICES AGREEMENT—UTILITY BOX WRAP PAG Page 402 Item#19. EXHIBIT A CARISSA BRAMLET To I w� PROFESSIONAL SERVICES AGREEMENT—TRAFFIC BOX WRAP PAGE Page 403 Item#19. PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this 6th day of July , 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Rob Bauman or Debbie Bauman, ("Contractor"), an individual person and parent or legal guardian of Gabby Bauman, a minor child("Artist"). WHEREAS,the City desires that public art will be a component of our community and to that end, has undertaken the Traffic Box Community Art Project("Project"), within which artwork created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District, as a benefit to the public; WHEREAS,representatives of the Meridian Arts Commission("MAC") selected a piece of art created by Artist entitled"Art as an Escape," as depicted in Exhibit A hereto ("Artwork"), to become an installation as part of the Project; MAC made this recommendation to Meridian City Council, and the Meridian City Council accepts MAC's recommendation; and WHEREAS,Artist and Contractor wish to participate in the Project by allowing the Artwork to become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person,property, or interests. Insurance of Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork. Contractor expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the PROFESSIONAL SERVICES AGREEMENT—UTILITY Box WRAP PAGE page 404 Item#19. Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Contractor warrants and represents that the Artwork has never before been created,published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the Artwork. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Contractor for services rendered pursuant to this Agreement in the amount of fifty dollars ($50.00). This payment shall constitute full compensation from City to Contractor and to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Contractor and/or Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Contractor consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. II.TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor or Artist in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or any official, agent, or employee of City. PROFESSIONAL SERVICES AGREEMENT-TRAFFIC BOX WRAP PAGE page 405 Item#19. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the teens, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Compliance with law. Contractor and Artist shall comply with any and all applicable federal, state, and local laws. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. CONTACTOR: ARTIST: P9 60��y Saol-htt4;7 k(z' Rob Bauman or Debbie Bauman ' Gabby Bauman Parent or Guardian of Gabby Bauman CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 7-6-2021 Chris Johnson, City Clerk 7-6-2021 PROFESSIONAL SERVICES AGREEMENT—UTILITY Box WRAP PAGE 3 o Page 406 Item#19. EXHIBIT A GABS Y BA UMAN f f + - a Ism, PROFESSIONAL ; 4 z_ PROFESSIONAL SERVICES AGREEMENT—TRAFFIC BOX WRAP PAGE Page 407 Item#20. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Subrecipient Agreement Between City of Meridian and NeighborWorks Boise for Program Year 2019 Community Development Block Grant Funds Page 408 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NEIGHBORHOOD HOUSING SERVICES, INC. DBA NEIGHBORWORKS®BOISE FOR PROGRAM YEAR 2019 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement is entered into this :2,0 day of , 2021 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Neighborhood Housing Services, Inc. dba NeighborWorks® Boise, a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for, and been granted authority to receive funds from the United States Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e., Community Development Block Grant ("CDBG") funds; and WHEREAS,the City wishes to engage Subrecipient by way of this Agreement to assist the City in utilizing such funds and the CDBG program in a manner compliant with the requirements of 24 CFR Part 570 and 2 CFR Part 200, and all other federal, state, and local laws, statutes, regulations and/or requirements; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2019 ("PY19"); and WHEREAS, it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City; and that City's obligation to provide funding to Subrecipient under this Agreement is provisional, pending the availability of such funds; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Subrecipient shall use City's PY19 CDBG funds in an amount not to exceed thirty- nine thousand fifty-two dollars and ninety cents ($39,052.90). Subrecipient will be responsible for providing homeownership assistance to eligible households, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under 13B (Homeownership Assistance). CDBG Funds will be used to reimburse for up to 50 percent of required down payment, to subsidize interest and or mortgage principal amounts, and/or reasonable closing costs. The primary administrative office is located at 3380 W. Americana Terrace Suite 120, Boise. See Attachment 1 for a map of the service location. B. National Objective. Subrecipient certifies that the activities carried out using the City's CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208(a)(3)(iii). PY21 SUBRECIPIENT AGREEMENT—NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEIGHBORWORKS®BOISE PAGE I OF 28 Page 409 Item#20. C. Level of Service. Subrecipient's activities under this Agreement shall provide at least one (1) total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units of Service" shall be defined as "low- to moderate-income household in City limits." Subrecipient shall verify that the household income of clientele served by City's CDBG funds, as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at https: /m ridialicitN.org'cdh�, . D. Staffing. Subrecipient agrees to provide the City with an Hourly Billing Rate worksheet and job description for each staff member that will be paid using CDBG funds prior to Subrecipient's initial reimbursement request. E. Project schedule. Subrecipient shall submit a signed, dated, and detailed Project Schedule. The Project Schedule must indicate the start and end dates for different project elements. The Project Schedule shall be submitted as a companion document with this Agreement. A revised Project Schedule shall be submitted when delays of thirty (30) days or more are anticipated or experienced. F. Special Conditions. 1. Subrecipient understands and agrees that the allocation of CDBG funds may be used to provide services and programs only to City of Meridian residents. If applicable, Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient pursuant to this Agreement ("Client") a) reside within the city limits of Meridian, Idaho and b) meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client who does not meet the above requirements to be ineligible to receive CDBG funds and shall suspend use of federal funds for the Client. 2. Subrecipient certifies that Subrecipient is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to verify compliance with all program requirements. 4. If applicable, Subrecipient may utilize the Determining Annual Household Income form located in the Subrecipient Toolbox at to determine annual household income of any or all Clients based on CDBG criteria. G. Time of performance. Services of Subrecipient shall start on or after July 1, 2021 and end on September 30, 2021. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. It. SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these PY2 t SUBRECIPIENT AGREEMENT—NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEIGHBOR WORKS®BOISE PAGE Z OF 28 Page 410 Item#20. regulations, except that (1) Subrecipient does not assume the City's environmental responsibilities described in 24 CFR 570.604 and (2) Subrecipient does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. A copy of the Environmental Review Record is included as Attachment 5. B. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.502. C. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipient's submitted documents for accuracy and completion, as well as a risk analysis that will determine if the City will conduct a desk review and/or an on-site visit from City's Community Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis for Neighborhood Housing Services, Inc. dba NeighborWorks® Boise is included as Attachment 2. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, City shall initiate termination procedures. Additionally, Subrecipient will be allowed no more than three noncompliance performance standards throughout the contract. Noncompliance includes, but is not limited to: missing a deadline, providing inaccurate monthly data, delinquent progress report submission, and/or not providing correct supporting documentation. The first occurrence will result in a warning; the second a formal letter of noncompliance; and the third will result in a formal letter notifying Subreceipient that Subrecipient is not eligible to request funding for the following grant cycle. City may share Subrecipient performance and monitoring results with other local CDBG grantees and/or agencies who are providing funding to Subrecipient. D. Budget. Subrecipient shall adhere to the budget included as Attachment 6. Subrecipient shall obtain written approval from City prior to any change in use of funds. E. Progress Reports. Based on the results of Subrecipient's risk analysis, Subreceipient shall submit progress reports monthly via the City's online portal. Instructions on submitting progress reports are located in the Subrecipient Toolbox at https:!ImeridlaticIty.org/cdbg . Progress reports will be due 10 days after the last day of the reporting period. If Progress Reports are delinquent, reimbursement requests will not be processed until the delinquency is cured. Subrecipient must timely submit Progress Reports even if no activities are conducted within the reporting period. F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. G. Client Data. If applicable, subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, race, ethnicity, and description PY21 SUBRECIPIENT AGREEMENT—NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEIGHBOR WORKS®BuSE PAGE 3 OF 28 Page 411 Item#20. of service provided. Such information shall be made available for review upon City's request. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. H. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income, I. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient shall comply with 2 CFR § 200.501, which requires that all non- Federal entities that expend $750,000 or more in Federal awards, in one year, have a single or program-specific audit. J. Suspension and Debarment. Pursuant to 2 CFR Part 180 and 2 CFR Part 200, Appendix II, section (H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i.e., listed on the governmentwide exclusions in the System for Award Management. K. Payment Procedures. 1. Indirect Costs. The City will only reimburse Subrecipient for indirect costs that have been previously approved, in writing, by the Community Development Program Coordinator. 2. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed thirty-nine thousand fifty-two dollars and ninety cents ($39,052.90). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development PY21SUBRECIPIENTAGREEMENT—NEIGHBORHOODHOUSING SERVICES,INC.DBANEIGHBORWORKS®BOISE PAGF401 28 Page 412 Item#20. Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at Ilti, 'neridiancit".01" , All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period and proof of payment by Subrecipient (such as copy of check and bank transaction information showing payment of check, copy of receipt of payment by contractor or subcontractor, and!or other relevant documentation of payment). Reimbursement requests must be submitted within fifteen (15) calendar days from the close of each month of the program year except for the final reimbursement request. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 30, 2021 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at menotank,t, _g cdb, . Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing, by City. 1. Reversion of assets to City. Pursuant to 24 CFR § 570.503(b)(7), upon expiration or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at the time of expiration and any and all accounts receivable attributable to the use of CDBG funds. 2. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget ("OMB") concerning the Dun and Bradstreet Data Universal Numbering System("DUNS"), the Central Contractor Registration database, the System for Award Management ("SAM") and the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25, and 2 CFR § 170.320. L. Documentation required prior to real estate transactions. Where City's CDBG funds are used for real estate acquisition, as early as practicable, and not less than two (2) weeks prior to the completion of each transaction, Subrecipient shall provide the address of real property under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved, rented, or sold. M. Housing Affordability. Where the City's CDBG funds are used for homeownership assistance, the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. N. National Objectives met for five (5)years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of$25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to PY21 SUBREC[PIENT AGREEMENT—NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEIGHBORWORKs®BOISE PAGE 5 OF 28 Page 413 Item#20. meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. O. Compliance with procurement policies. Subrecipient shall comply with current Federal, State, and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or(b)retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. Q. Program income. 1. Remittance at end of program year. Pursuant to 24 CFR § 570.503(b)(3) and Pursuant to 24 CFR § 570.504(c), at the end of the program year, the City may require remittance of all or part of any program income balances, including investments thereof, held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Recording program income. Pursuant to 24 CFR § 570.504(a),the receipt and expenditure of program income shall be recorded as part of the financial transactions of the grant program. 3. Disposition if received before closeout. Pursuant to 24 CFR § 570.504(b)(1), program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds, and will be subject to all provisions of Pursuant to 24 CFR §§ 570.504(b) and (c), both prior to and upon closeout. R. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to,those required by the Federal regulations specified in 2 CFR § 200.302(b) and 24 CFR § 570.506, including: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real PY2 I SUBRECIPIENT AGREEMENT NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEIGHBOR WORKS®BOISE PAGE G OF 28 Page 414 Item#20. property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; £ Financial records, as required by 570.506(h); and g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Equal Employment Opportunity. Per 2 CFR Part 200, Appendix II, section(C) and 41 CFR § 60-1.4(b), the equal opportunity clause set forth in 41 CFR § 60-1.4(b) is incorporated herein by reference, and shall apply as though set forth fully herein. B. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, Executive Order 11246 as amended by Executive Orders 11375 and 12086, and 24 CFR §§ 570.601 and 570.602. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. C. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 (24 CFR § 6) are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. D. ADA Section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 el seq.), which prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. PY21 SUBRECIPIENT AGREEMENT—NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEIGHBOR WORKS®BOISE PAGE 7 0r 28 Page 415 Item#20. E. Small, Women- and Minority-Owned Businesses. Per 2 CFR § 200.321, Subrecipient must take all necessary affirmative steps to assure that small businesses, minority businesses, women's business enterprises, and labor surplus area firms are used when possible F. Affirmative Action. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. G. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. H. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. I. Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) which requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant,to certify that they will provide drugfree workplaces. Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. J. Faith-based organizations. Pursuant to 24 CFR § 570.2000), if Subrecipient is a faith-based organization, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR § 5.109. K. Labor standards. Per 2 CFR Part 200, Appendix II, section(D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5) as amended. In accordance with the statute, Subrecipient or Subrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage determination made by the Secretary of Labor. In addition, Subrecipient or Subrecipient's subcontractor must be required to pay wages not less than once a week. Subrecipient must include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. Further,the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3), under which Subrecipient or Subrecipient's subcontractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. Subrecipient further acknowledges and agrees that all contractors engaged under contracts in excess of$2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal PY2I SUBRECIPIENT AGREEMENT—NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEIGHBOR WORKS®BOISE PAGE R OP 28 Page 416 Item#20. requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient or its subcontractors of its obligation, if any, to require payment of the higher wage. Per 2 CFR Part 200, Appendix II, section (E), the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708) applies to contracts in excess of$100,000. L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of 24 CFR § 570.611. Further, no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in activities funded under this Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. M. Rights to Inventions. Per 2 CFR Part 200, Appendix II, section (F), if Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work , Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. N. Lobbying; political activities. Subrecipient hereby certifies that: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; Subrecipient will require that the following language be included in the award documents for all sub-awards at all tiers (including subcontracts,sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to PY21 SU13RECIPIENT AGREEMENT—NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEIGHBOR WORKS®BOISE PAGE 9 OF 28 Page 417 mmij Item#20. file the required certification shall be subject to a civil penalty of not let less than $10,000 and not more than$100,000 for each such failure." The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200, Appendix II, section(I), submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient further agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). O. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"),the regulations set forth in 24 CFR Part 75, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City and any contractors and/or subcontractors. Section 3 will apply to a project if there is over$200,000 of HUD housing and community development financial assistance to the project (or $100,000 of Lead Hazard or Healthy Homes funding). Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's contractors and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the CDBG Supplemental General Conditions in all applicable subcontracts executed under this Agreement. The CDBG Supplemental Conditions can be found in Attachment 7 (if applicable) and includes the Section 3 requirements located at 24 CFR Part 75.19. 3. Employment of low- and very-low-income persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a housing rehabilitation(including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very-low income person residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of PY2I SUBRECIPIENT AGREEMENT—NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEIGHBORWORKs®BOISE PAGE 10 OF 28 Page 418 Item#20. workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 5. Subcontracts. Subrecipient will include this Section 3 clause in every applicable subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. IV. ENVIRONMENTAL CONDITIONS No funds will be released until City conducts an environmental assessment and makes a determination of"No Significant Impact" in compliance with 24 CFR Part 58 and other federal, state, and local laws and regulations. If applicable, the City will issue a Notice to Proceed once the environmental review is completed and is accepted by the City and.-'or HUD. A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, el seq. and 2 CFR Part 200, Appendix II, section(G). 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, and shall assure compliance with Title 10, Chapter 6, Meridian City Code, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a PY21 SUBRECIPIENT AGREEMENT—NEIGHBC-1?1IOOD HoUSINO SERVICES,INC.DBA NEIGHBORWORKs®BOISE PAGE 1 I OF 28 Page 419 Item#20. property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City. Unless and until HUD releases the funds, City shall have no contractual, legal, or equitable obligation to Subrecipient. In the event that CDBG funds are not made available to City, whether by Congress or by HUD, this Agreement shall be void, and City shall have no obligation to Subrecipient, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Subrecipient: City of Meridian Neighborhood Housing Services, Inc. dba Attn: Crystal Campbell, Community NeighborWorks® Boise Development Program Coordinator ATTN: Bud Compher, CEO 33 E. Broadway Avenue 3380 W. Americana Terrace Suite 120 Meridian, Idaho 83642 Boise, ID 83706 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR § 570.604; and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 58. D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer:`employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. PY21 SuBRECIPIENTAGREEMENT NEIGHBORHOOD HOuSING SERVICES,INC.DBANEIGHBORWORKSIDBOISE PAGr 12OF28 Page 420 Item#20. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage andr+or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall maintain workers' compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance of this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. At a minimum, Subrecipient must provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG funds as provided to property owned by the non-Federal entity. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix I1, section(A), Subrecipient must comply with bonding requirements set forth in 2 CFR § 200.325. H. Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination (see 2 CFR Part 200, Appendix II, section (B)). 1. Termination for convenience. Either party may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. PY21 SUBRECIPIENT AGREEMENT—NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEIGHBORWORKS®BOISE PAGE 13 OF 2S Page 421 Item#20. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission of reports that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen(14) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City CDBG programming. 3. Work completed. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models, drawings, photographs, reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City, and Subrecipient shall provide same within seven(7) days of City's demand therefor. Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance PY21 SUBRECIPIENT Ai:RE.EMENT—NEIGHBORHOOD HOUsING SERVICES,INC.DBA NEIGHBOR WORKS®BOISE PAGE 14 OF 28 Page 422 Item#20. of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR part 42,subpart B; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2)that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Attachments. All attachments and/or exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. S. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. E'YI T SUBRECIPIENT AGREEMENT NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEIGHBOR WORKS®BOISE PAGE 15 OF 2R Page 423 IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Ne' borhood Housing Serv' s Inc. dba NeighborWorks®Boise By: Bud C mpher, CEO CITY: City of Meridian Att ¢QD�pY ED aLG�s�r =(j0 !p d By: Robert . S son, Mayor y: CVrij4ohnso IDIAN-16— lDAHO x� SEAL G �q"r1ho TRF PY21 SU13RECEPIENTIAGREEM ENT—NEIGH[3OR HOOD IIOUSINGSERVICES,INC.DBA NEIGHBOR WORKS)Bois E PAGE 16OF28 Item#20. Attachment 1: Location of Service Area To verify specific addresses, please view the City of Meridian Current Zoning Map at ��: meeidiancit�.al•4�1�7laItl7in�,��curt•cl7t n7EIIE7�II��E7. �J 55 Son Meridian SOUTH 69 ADA CC ALLIA PY21 SUBRECIPEENT AGREEMENT—NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEEGHBORWORKS®BOISE PAGE 17 OF 28 Page 425 Y Item#20. Attachment 2: Risk Analysis Risk Analysis Wvrksheet Thts docmerl;c uses tD xutM the r181 of the program to deterinCte the IeYe1 Ili monitoeng rzgtrlred during tnis program year Organtzabon NeighborWorks Boise ProgYear 2019 Award $39.052 Name Total Points 406 Risk Leven Medium Next Steps Onsite Monitor �matkuY e,Notatro FACTOPS Scale point Contracted Dollars weight: 8 S30,000-Above t0 $20,000-$29.999 8 $15,000-S19.999 0 to 60 $10.000-$14,099 4 $0-$9,999 Program Oversight vreight_ 8 Audit with moderate to serious findings t0 No Audit Although Req u'tred 10 Current Audit Not Provided 10 ] 8 Fssaneial Audit andlor CompHiance Audit Availabfe 1 Audit with nolminor findings Type of Contract weight: 6 Public Service 10 Housi-igActtvrtres(Other than ioinecwnershp Ass.stancel 8 AcqutsmordConstrucbon 8 4 24 Homeownersh p Asststance 4 4 Pubbe facilities,planning,infrastructure 4 Number of Clients Served w " fit: 6 6 } S 25.49 s 4 24 Less than 25 T Y 4 Key Organizational Change weight 6 Executive Director&Financial Manage #0 Executive Director aridlor F;nancral Manager 7 Program Director/Manager 4 2 17 None 2 Goals 4 y weight 6 Essential to acaompirsh Con Plan goals 1l Not-essenu m .a for aocoishment of Con Plan gals 2 t0 % Program Participants weight~ 6 CDBG P ram did not be m on schedulefdera d t0 New Program a g 48 CDBG Program began on schedule -2 Performance Measurements weight 6 5ubreei lent has instory of not sutinutting reports timety 10 New grogram $ 10 an Subme tent has history of sub—rithng reports trine 4 Contract Experience History weight. 6 New Prog ram 10 PY21 SUBRECIPIENT AGREEMENT—NEIGHBORHOOD HOUSING SERVICES,INC.DBANEIGHBORWORKS®BOISE PAGE180F28 Page 426 Risk Analysis Worksheet TNS dowient t4 usea to ma;)n trie risk 01 tl*program to determhe the level of mom"orng reWlred Wriq 11116 program year Last McnWng Visit Weight 6 Grant not renewed 10 r 2 Years of More :0 Less than 2 Years Clonrective Action(Any k. wouldCurrent Major Findings:Findings that potential ' ' Current Concems. Findingsthat _ Community DevekqDment Program Coordinator �_ Level of Risk monitor the file. PY21 SUBRECIPIENT AGREEMENT—NEIGHBORHOOD HoUSING SERVICES,INC.DBA NEIGHBORWORKSO BOISE PAGE190F28 Lvw Risk, Metjiurs3 Risk Nigh Ris� i�8-325 points 325-425 points 42�658 paints Project requires a minimum Projects wt71 be monitored via irrtemal bi-annual desk Projects Witt nzoeive priority inr amourrt of monimrirrg. Activities manitnrings and an-site mortitnrrng no less than monitoring. High priority activities under this category mill be every two years. The on-sae martituring review wilt wi3!generally be mQni�red monitored primarily via internal be conducted preferably within lyre first six months of annual}y within the first 6 months desk maniiar'irrg procedures an an the chosen grogram year. Based upon the results of of the program year. High-risk annual basis,unless situations the monitoring visit<staff wdl determine the need for subrec�ients may also be dciate otherwise_ Qrrsite and Frequerr�y of additior►a1 technical assistance visits required to submst additions! monitoring wilt generally take place arrodfor un-site compliance reviews_ these activities documentation as needed wish et least once every two years_ vrilk generally be monitored after high priority activities gtlarteaty reports to alFrnv tar Pragr�Ss reports wr7l be required have been adequately addressed. Progress reports dpser evaluation of the project quarierFy. wdl be required monthly_ thnwgh desk mruritoring_ Ptvgress reports wi11 tee required at feast monthly_ Comments Item#20. Attachment 3: Signing Authority Complete the form to designate signing authority. Subrecipient Name: N e-, c L 3 G Project Name: _H_ wte h, Program Year: 2,oz Start Date: End Date: VA--V'kC34- G� -� I Name Title Authorized to sign for(check all that ap y): Identifying Signature Financial ❑ Contractual Name Title Authorized to sign for(check all that apply): Identifying Signature MFinancial ❑ Contractual Name Title Authorized to sign for(check all that apply): Identifying Signature ❑ Financial ❑ Contractual Signing authority for the above individuals is authorized by: LIF Name Title S i nature Omit PY21 SUBRECIPIENT AGREEMENT NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEIGHBOR WORKS®BoISE PAGE 20 OF 28 Page 428 Item#20. Attachment 4: Federal Certifications The following are required as referenced below. SubrecipientName: 1\ Q Project Name: _14 6 Program Year: "-U 2 f Start Date: _ End Date: Subrecipient maintains a policy for and complies with the following: Yes No NIA Policy 2- ❑ ❑ ADA/Section 504 [29 U.S.C. § 701] p" ❑ ❑ Confidentiality [2 CFR § 200.303(e)] p� ❑ ❑ Conflict of Interest [2 CFR § 200.318(c)(1); 24 CFR § 570.611] p- ❑ ❑ Drug Free Workplace [24 CFR part 24, subpart F] IT ❑ ❑ Equal Employment Opportunity [2 CFR Part 200;41 CFR § 60-1.4(b)] a ❑ ❑ Fair Housing [Fair Housing Act] (if applicable) B- ❑ ❑ Nondiscrimination [24 CFR § 570.6071 ❑ ❑ p' Procurement [2 CFR § 200.31 S(a)] (if applicable) Is Subreceipient a nonprofit entity? ❑Yes ❑No Per 2 CFR § 200.415 major nonprofit organizations'are ineligible for this funding. If the agency is a nonprofit, please select one of the following: ❑ Organization is not a major nonprofit organization. ❑ Organization is a major nonprofit organization. By signing this form, I certify the above is true and correct to the best of my knowledge. Name Title ignature Date A major nonprofit organization is defined in§200.414(a)as an organization receiving more than$10 million in direct federal funding. PY21 SUBRECIPIENTAGREEMENT NEIGHBORHOOD HOUSING SERVICES,INC.DBANEIGHBORWORKsV BOISE PmaC 21 OF 28 Page 429 Item#20. Attachment 5: Environmental Review Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b) Project Information Project Name: NWBHomebuyerAssistancePY19 HEROS Number: 900000010199924 Responsible Entity(RE): MERIDIAN,33 E Idaho Ave Meridian ID,83642 State/Local Identifier: RE Preparer: Crystal Campbell Grant Recipient(if different than Responsible Entity): Point of Contact: Consultant(if applicable): Point of Contact: Project Location: 3380 W Americana Ter Ste 120, Boise, ID 83706 Additional Location Information: N/A Description of the Proposed Project[24 CFR 50.12&58.32;40 CFR 1508.25]: NeighborWorks Boise (NWB)will assist eligible households in purchasing a safe,decent,single family home within Meridian City Limits. NWB will provide up to 50 percent of required down payment,to subsidize interest and/or mortgage principal amounts,and/or reasonable closing costs in the form of a grant. Environmental reviews will be completed on each property prior to the closing to ensure the property is safe and decent. Level of Environmental Review Determination Activity/Project is Exempt per 24 CFR 58.34(a): 58.34(a)(3) Signature Page \\k 11 LR Sig.pdf Funddn Information PY2I SUBRBCIPIENT AGREEMENT-NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEIGHBOR WORKS®BO1SE PAGE 22 OF 28 Page 430 Item#20. Grant/Project HUD Program Program Name Identification Number Community Planning and Community Development Block Grants 101 1 Development (CPD) (CDBG) (Entitlement) Estimated Total HUD Funded,Assisted $39,000.00 or Insured Amount: Estimated Total Project Cost[24 CFR 58.2(a)(5)1: $39,000.00 Compliance with 24 CFR 450.4&§58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders,and compliance steps (See Appendix A for source Regulations listed at 24 CFR§50.4& or mitigation determinations) §58.6 required? STATUTES,EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§58.6 Airport Runway Clear Zones and Based on the project description the Clear Zones project includes no activities that would 24 CFR part 51 require further evaluation under this section.The project is in compliance with Airport Runway Clear Zone ❑ Yes B No requirements. Coastal Barrier Resources Act Coastal Barrier Resources Act,as This project is located in a state that amended by the Coastal Barrier does not contain CBRS units.Therefore, Improvement Act of 1990[16 USC this project is in compliance with the 35011 ❑ Yes 0 No Coastal Barrier Resources Act. Flood Insurance Based on the project description the Flood Disaster Protection Act of project includes no activities that would 1973 and National Flood Insurance require further evaluation under this Reform Act of 1994 [42 USC 4001- section.The project does not require 4128 and 42 USC 5154a] flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance ❑ Yes B No requirements. PY2ISUBRECIPIENTAGREEMENT NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEIGHBORWORKsO BOISE PAGF230F28 Page 431 Item#20. Mitigation Measures and Conditions [CFR 401505.2(c)]:Summarized below are all mitigation measures adopted by the Responsible Entity to reduce,avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors.These measures/conditions must be incorporated into project contracts,development agreements and other relevant documents.The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law,Authority, Mitigation Measure or Condition Comments on Complete or Factor Completed Measures Mitigation Plan Supporting documentation on completed measures PY21 SUBRECIPIENT AGREEMENT—NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEIGHBOR WORKS®BOISE PAGE 24 OF 2S Page 432 Item#20. APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones General policy Legislation Regulation It is HUD's policy to apply standards to 24 CPR Part 51 Subpart D prevent incompatible development around civil airports and military airfields. T J _ --- 1. Does the project involve the sale or acquisition of developed property? ✓ No Based on the response, the review is in compliance with this section. Yes Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project is in compliance with Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY2I SUBRECIPIENT AGREEMENT-NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEIGHBOR WORKS®BOISE PAGE 2S OF 28 Page 433 Item#20. Coastal Barrier Resources _ General requirements Legislation Regulation HUD financial assistance may not be Coastal Barrier Resources Act used for most activities in units of the (CBRA)of 1982,as amended by Coastal Barrier Resources System the Coastal Barrier Improvement (CBRS).See 16 USC 3504 for limitations Act of 1990(16 USC 3501) on federal expenditures affecting the CBRS. This project is located in a state that does not contain CBRA units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY21 SUBRECIPIENT AGREEMENT—NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEIGHBOR WORKS®BOISE PAGE 26 OF 28 Page 434 I Item#20. Flood Insurance General requirements legislation Regulation Certain types of federal financial assistance may not Flood Disaster 24 CFR 50.4(b)(1) be used in floodplains unless the community Protection Act of 1973 and 24 CFR 58.6(a) participates in National Flood Insurance Program and ' as amended (42 USC and(b); 24 CFR flood insurance is both obtained and maintained. _ 4001-4128) 55.1(b). 1. Does this project involve financial assistance for construction rehabilitation or acquisition of a mobile home, building,or insurable personal property? ✓ No.This project does not require flood insurance or is excepted from flood insurance. Based on the response,the review is in compliance with this section. Yes Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NAP).The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY21 SUBRECIPIENT AGREEMENT-NEIGHBORHOOD DOUSING SERVICES,INC.DBA NEIGHBOR WORKS®BOISE PAGE 27 OF 28 Page 435 Item#20. Attachment 6: Budget NeighborWorks Boise Homeownership Assistance Program Direct PY19 Project 201 Assistance Admin* Total Award $ 33,585.90 $ 5,467.00 $ 39,052.90 Draw# Date Timeframe 1 2 3 Total - Balance $ 33,585.90 $ 5,467.00 $ 39,052.90 *Eligible administration activities will only be reimbursed up to$700 prior to completing the purchase of a home. PY2 I SUBRECIPIENT AGREEMENT—NEIGHBORHOOD HOUSING SERVICES,INC.DBA NEIGHBOR WORKS®BoisE PAGE 28 OF 28 Page 436 Item#21. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Task Order#3 for February 2, 2010 Professional Services Agreement with Idaho Information Consortium, LLC, dba Access Idaho, for Electronic Transactions and Access for Transaction Payments to Meridian Police Department Page 437 Item#21. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: July 6, 2021 Presenter: Mike Tanner Estimated Time: .5 minutes Topic: Task Order#3 for February 2, 2010 Professional Services Agreement with Idaho Information Consortium, LLC, dba Access Idaho, for Electronic Transactions and Access for Transaction Payments to Meridian Police Department Recommended Council Action: Authorize the Mayor's signature to allow the City to enter into this agreement with Access Idaho Background: On February 2, 2010,Access Idaho and the City of Meridian entered into a Master Agreement for Professional Services for the provision of online payment portal services,which services allow the City's customers to make payments online. The February 2, 2010 Agreement says that the City and Access Idaho will execute task orders when the City needs to add online portals to serve different departments. This task order establishes the terms and conditions for setting up online payment portal access for the Meridian Police Department, for online payment of parking tickets and fees related to public records requests. Page 438 EXHIBIT B TO MASTER AGREEMENT FOR PROFESSIONAL SERVICES TASK ORDER#3 FOR ELECTRONIC TRANSACTIONS AND ACCESS FOR TRANSACTION PAYMENT ENGINE (TPE) PAYMENTS TO CITY OF MERIDIAN-POLICE DEPARTMENT This TASK ORDER#3 is made and entered into this 6th day of July , 2021, by and between the City of Meridian (hereinafter"City"), a municipal corporation organized under the laws of the State of Idaho, and Idaho Information Consortium, LLC, (d.b.a. Access Idaho) a limited liability company(hereinafter"Portal Manager") organized under the laws of the State of Idaho. WHEREAS, on February 2, 2010, Portal Manager and City entered into a Master Agreement for Professional Services ("Master Agreement"), which, inter alia, established the terms, conditions, and scope of services to be provided by Portal Manager; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: 1. Access by Portal Manager. City authorizes Portal Manager to electronically access information contained in the City computer database maintained by the City or its agents to create an electronic transaction service, in accordance with this Agreement. Description of Service is as follows: Access by the Portal Manager will be on an inquiry-only, as needed basis for the purposes of processing funds through the Portal's Transaction Payment Engine (TPE) integrated with the City's Ticketing service. The City authorizes Portal Manager to be the exclusive agent for electronic transactions by private Users. Any changes or amendments to the terms of this Exhibit must be documented and agreed to in writing by the parties to this Exhibit. 2. Record Supply Costs and Computer Programs. Portal Manager shall be responsible for costs and expenses in establishing electronic access to the records and providing record transactions to Users, including without limitation, the cost for purchasing or developing and maintaining all programs used to access the records. Computer programs used by the Portal Manager shall: a. Protect information from unauthorized access; b. Supply records to the City on a timely basis in an accurate,understandable and logical format acceptable to the City; c. Be tested by the Portal Manager and prototyped for City review and approval before it is offered to the public. City of Meridian/Access Idaho Exhibit B, Task Order#3 to Master Agreement for Professional Services Page 1 of 3 Item#21. 3. Use messages. If required by the City, the Portal Manager shall cause the Portal to require Users to signify online that they will comply with any restriction on use of the records required by law, as amended from time to time. Such user agreement will be in the form of a use message displayed online, with a required positive response, all as captured in a log file, prior to the User being permitted to further search or view the record. 4. Payment and Collection. a. Collection. The cost of services is set by the City. The Portal Manager additionally will assess and collect a Portal Administration Fee of 3% of the transaction subtotal plus $1.00 for the services provided. The Portal Manager shall be entirely responsible for the assessment and collection of payments from Users. The City will not receive a bill from the Portal Manager for this service or any fees. For every electronic check(e-check) transaction—should the City choose to offer this online payment option for its Users—in which TPE is used,User shall pay, in addition to User's payment to the City, a non-refundable Portal Administration Fee of$2.50, due at the time the transaction is performed. This Fee will be retained by Portal Manager as compensation for its services under this agreement. The City understands that, unlike credit/debit card payments, e-check payments are not guaranteed funds; therefore the City shall be responsible for collecting such funds on unsuccessful payments due to, but not limited to, non-sufficient funds in a User's account, incorrect account and/or routing number entry by User, closed bank accounts, and stopped payments. b. Payment. Payments of the fee for each billable service shall be made from the Portal via ACH transaction directly to a numbered account or accounts furnished by the City. It is the responsibility of the City to collect on failed e-check payments. If funds are withdrawn from the Portal account due to an e-check failure (insufficient funds or invalid account numbers etc.)the Portal will have the ability to request reimbursement from the City. In addition, a payment/deposit statement shall be available electronically as mutually agreed to the parties: Project contact: City of Meridian Cortni Klucken 38 East Broadway Avenue Meridian, ID 83642 C. Payment Due Date. The Portal Manager shall remit payments to the appropriate City account within 24 hours of when funds are received by the Portal Manager. City of Meridian/Access Idaho Exhibit B, Task Order#3 to Master Agreement for Professional Services Page 2 of page 440 Item#21. 5. Records and Finances. All Portal documents and records maintained by the Portal Manager relating to City records shall be available for inspection; auditing and copying by the City or other authorized representatives. 6. Delivery of Services. In accordance with the Agreement, both parties will make every effort to meet the following deadlines: Milestones for Attachment of Al Billing System ----Completion Date City completes E-Commerce Payment update released to production. 1 5/10/2021 IN WITNESS WHEREOF, the parties have executed this Exhibit the day and year listed below on the City signature line. City of Meridian By Date 7-6-2021 Robert E. Simison, Mayor Idaho for a 'on Cons9r,Mum .b. . cess Idaho) /I/ Z/ � IL By Date Z'/ krkef e al Mana er 7 City of Meridian/Access Idaho Exhibit B, Task Order#3 to Master Agreement for Professional Services Page 3 of page 441 Item#22. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 21-2272: A Resolution Vacating a 5-Foot Drainage, Utility Construction and Maintenance Easement Within a Portion of Lots 2 and 3 as Shown on Heritage Subdivision No. 2, Book 23, Page 1453, Within the Southwest% of the Northwest % of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and Providing an Effective Date Page 442 Item#22. CITY OF MERIDIAN RESOLUTION NO. 21-2272 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION VACATING A 5-FOOT DRAINAGE, UTILITY CONSTRUCTION AND MAINTENANCE EASEMENT WITHIN A PORTION OF LOTS 2 AND 3 AS SHOWN ON HERITAGE SUBDIVISION NO. 2, BOOK 23 PAGE 1453, WITHIN THE SOUTHWEST 1/4 OF THE NORTHWEST '/4 OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 1 EAST,BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,on June 22,2021 the City Council of Meridian,held a hearing on the vacation of the 5-foot drainage, utility construction and maintenance easement within a portion of lots 2 and 3 as shown on Heritage Subdivision no. 2,book 23,page 1453, within the southwest 1/4 of the northwest 1/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the 5-foot drainage,utility construction and maintenance easement within a portion of lots 2 and 3 as shown on Heritage Subdivision no. 2, book 23,page 1453, within the southwest 1/4 of the northwest %4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, as attached in Exhibit A, is hereby vacated. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Passed by the City Council of the City of Meridian, Idaho,this 6th day of July,2021. Approved by the Mayor of the City of Meridian, Idaho, this 6th day of July, 2021. Attest: Mayor Robert E. Simison Chris Johnson, City Clerk Roberts Annexation Easement Vacation—H-2021-0038 Page 443 EXHIBIT A Item#22. F o x HMH LAND SURVEYS engineering Exhibit 'A' Denton and Anncheri Roberts 5-Foot Public Utility Easement Description A Public Utility Easement within a portion of Lots 2 and 3 as shown on Heritage Subdivision No. 2, Book 23 Page 1453, within the Southwest 1/4, of the Northwest 1/4, of Section 32,Township 4 North, Range 1 East, Boise Meridian,Ada County, Idaho, being a (portion of Warranty Deed Instrument No. 113131269) more particularly described as follows: COMMENCING at the Northeast corner of said Lot 2 as monumented by a found 1/2-inch rebar, placed cap stamped "FLSI PLS 8575",thence North 89°31'13" West, 257.95 feet,to the Northwest corner of said Lot 2 as monumented by a found 1/2-inch rebar, placed cap stamped "FLSI PLS 8575";thence South 44°29'12" East, 7.07 feet to the POINT OF BEGINNING; Thence South 89°31'13" East, 247.95 feet, along the south edge of existing utility easement; Thence South 00'32'52"West, 140.00 feet, along the west edge of existing utility easement; Thence North 89°31'37" West, 5.00 feet; Thence North 00'32'52" East, 135.00 feet; Thence North 89'31'13" West, 242.95 feet; Thence North 00'32'49" East, 5.00 feet to the POINT OF BEGINNING. Containing 1914.75 square feet more or less As shown on Exhibit 'B' Survey Map End of description Prepared By: Ronald M. Hodge, PLS 8575 �� r£ Project Manager 0. 8575 s� /Z•3 h�g�o p F \OP �4, RH:1R �AC D M' NOO Roberts Annexation Easement Vacation H-2021-0038 680 S. Progress Ave., Suite#26 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-Ilc.com Equal Opportunity Employer Page 444 F EXHIBIT F POINT OF SURVEYMAP POINT OF BEGINNING I COMMENCEMENT S44°29'12"E 7.07' -N89°31'13'W- - - - - - - - - - 257.95'- - - - - - S89`31'13"E 247.95' N89°31'13"W 242.95' �I r- 1l I N00°32'49"E 5.00' o o t\ 5.00' to C, I 5.00, �`I con o o I 0 25 50 6 I 4 `1 o SCALE: 1"=50' W I of 2 °bents F �~ I vl N . I &PJ j)ee 1269 N`to N 1 1 I pent0 arras y 1 1 3i M M I n t 3 Z I Instr ent No. Z O o I `\ o o 10.00, S89°31'13"E Lo N89°31'37"W 1 w 5.00' 5.00, ✓O -S89°31'13"E 242.95' T (� POINT OF POINT OF BEGINNING TERMINUS H "' S89°31'13"E I I POINT OF 10.00' I I UI COMMENCEMENT I I � I o � I o O r' S � a I Dt 3 R°bet I �„ I L heri N &P011c peed 285 I N pento Vdarranto AA;` 9 I M ent N I o Z I instru I I I I I I I I I I I I I I N89°31'13"W 257.95' PARADISE LANE LEGEND BOUNDARY t \ Q ------------------------ NEW EASEMENT S T R — — — — — — — — — — — — RECORD EASEMENT PER HERITAGE SUB.No.1 ` F G -- - TIE O� R' O FOUND 1/2"REBAR, NO CAP,SET CAP"FLSI PLS8575" 857 0 • SET 1/2"REBAR, PLASTIC CAP"FLSI PLS8575" cry rZ-31. 14o A CALCULATION POINT 9T pQ� -# NEW UTILITY EASEMENT AREA O� F DF �4 0 M . �O x PLATTED EASEMENT AREA TO BE RELINQUISHED NOTE:THIS DRAWING IS A VISUAL REFERENCE ONLY. DS.JR SCALE:1•=3V DATE:12-31-2019 DENTON AND ANNCHERI ROBERTS Foy LAND sURVEYs 1vC. DR.TRC ADA COUNTY, IDAHO (208)342-7957 )) SV.RMH SHT.1/1 19044MS.dwg SEC.32, TAN, ME, B.M. M��kP� "; Page 445 Item#23. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 21-2273: A Resolution of the Mayor and the City Council of the City of Meridian, Idaho, Accepting that Certain Report on Eligibility for the Northern Gateway Area as an Urban Renewal Area and Revenue Allocation Area and Justification for Designating the Area as Appropriate for an Urban Renewal Project, Determining the Area Identified in the Report to be a Deteriorated Area or a Deteriorating Area, or a Combination Thereof, as Defined by Idaho Code Sections 50-2018(9) and 50-2903(8); Directing the Urban Renewal Agency of the City of Meridian, Idaho, also Known as the Meridian Development Corporation, to Commence the Preparation of an Urban Renewal Plan for the Area Subject to Certain Conditions, which Plan May Include Revenue Allocation Provisions For All or Part of the Area; and Providing an Effective Date Page 446 Item#23. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Cameron Arial, Community Development Meeting Date: July 6, 2021 Presenter: Cameron Arial Estimated Time: 15 minutes Topic: Resolution No. 21-2273: A Resolution of the Mayor and the City Council of the City of Meridian, Idaho,Accepting that Certain Report on Eligibility for the Northern Gateway Area as an Urban Renewal Area and Revenue Allocation Area and Justification for Designating the Area as Appropriate for an Urban Renewal Project; Determining the Area Identified in the Report to be a Deteriorated Area or a Deteriorating Area, or a Combination Thereof, as Defined by Idaho Code Sections 50- 2018(9) and 50-2903(8); Directing the Urban Renewal Agency of the City of Meridian, Idaho, also Known as the Meridian Development Corporation,to Commence the Preparation of an Urban Renewal Plan for the Area Subject to Certain Conditions,which Plan May Include Revenue Allocation Provisions For All or Part of the Area; and Providing an Effective Date Background While downtown Meridian is beginning to experience renewed interest, the challenges in revitalizing aging downtown properties are still apparent. New private investment in the original downtown Meridian Revitalization District ("original District") has been hampered by the 2008- 2009 recession and, more recently, by uncertainties surrounding COVID-related changes in the commercial real estate market and rising development costs. Meridian Development Corporation ("MDC") has been engaged in urban renewal efforts in the original District since its adoption in late 2002. The original District will sunset in 2026.With limited time to utilize the urban renewal tools available to assist in funding public infrastructure improvements, many properties are likely to remain underutilized without intervention. It is difficult for property owners to justify redevelopment of the small, infill sites that make up the majority of the original District and fund the required public infrastructure improvements that condition development. Historically,the majority of infrastructure improvements and facade improvement projects in the original District have been in the downtown core. With increasing interest in downtown extending north to Fairview Avenue/Cherry Lane, MDC retained Kushlan I Associates to prepare an Eligibility Report to assess the viability of the Northern Gateway Study Area as an urban renewal project and evaluate its concurrence with Idaho Code requirements. The Eligibility Report (Exhibit A of the proposed resolution) cites the conditions necessary as well as the financial findings required. Page 447 Item#23. Northern Gateway Study Area Legend - Northern Gateway ` } V City Limits Parcels Future Road _ r.v-r � rr-rrr.r .cr.rrr• r �„ -- 4 4! •� r i d ram, '7W, 4r r � f i Current market rents cannot support development costs or produce the returns necessary to secure private equity investment or traditional bank financing for redevelopment of the small parcels in the Study Area. The assemblage of parcels can spread soft development costs over a larger area and when coupled with MDC's ability to fund public infrastructure improvements required of new development, can spur development interest. MDC accepted the Northern Gateway Study Area Eligibility Report and, through MDC Resolution 21-026 adopted on June 9, 2021 (Exhibit B of the proposed resolution), authorized its transmittal to the City Council for consideration and, if accepted as appropriate for an urban renewal project, subsequent direction for MDC to proceed with preparation of an urban renewal plan. 2 Page 448 Item#23. The Northern Gateway Study Area encompasses 150 parcels within 126.226 acres.Approximately 77 acres, 133 parcels, are currently within the boundaries of the original District, and the subject of a deannexation action. A study area is required to meet at least one of ten conditions specified in Idaho Code Sections 50- 2018(9) and 50-2903(8) to qualify for urban renewal activities. The Eligibility Report finds that the Study Area meets eight of the ten criteria (Eligibility Report, page 15). Approval of this resolution provides for: • Acceptance of the Northern Gateway Study Area Eligibility Report, • Determination that the Study Area meets the findings and characteristics stipulated in Idaho Code to establish an urban renewal plan, and • Directs MDC to prepare a Northern Gateway District Urban Renewal Plan. Future Actions The public hearing and second reading of the ordinance to adopt the Second Amendment to the Meridian Revitalization Urban Renewal District providing for the deannexation of that portion of the Northern Gateway properties from the original District included in the Study Area also appear on this evening's agenda for Council consideration. Following Council acceptance of the Eligibility Report and direction for MDC to begin preparation of an urban renewal plan, staff and consultants will prepare the Northern Gateway Urban Renewal Plan. City and MDC staff will inform and engage property owners. In addition, the Planning and Zoning Commission must review the proposed plan to validate its conformity with the City Comprehensive Plan. The Northern Gateway Urban Renewal Plan will then be brought to the City Council for consideration and adoption following three ordinance readings and a public hearing. It is anticipated that these final actions will occur mid-November through early December 2021. 3 Page 449 Item#23. CITY OF MERIDIAN RESOLUTION NO. 21-2273 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, ACCEPTING THAT CERTAIN REPORT ON ELIGIBILITY FOR THE NORTHERN GATEWAY AREA AS AN URBAN RENEWAL AREA AND REVENUE ALLOCATION AREA AND JUSTIFICATION FOR DESIGNATING THE AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; DETERMINING THE AREA IDENTIFIED IN THE REPORT TO BE A DETERIORATED AREA OR A DETERIORATING AREA, OR A COMBINATION THEREOF, AS DEFINED BY IDAHO CODE SECTIONS 50-2018(9) AND 50-2903(8); DIRECTING THE URBAN RENEWAL AGENCY OF THE CITY OF MERIDIAN, IDAHO, ALSO KNOWN AS THE MERIDIAN DEVELOPMENT CORPORATION, TO COMMENCE THE PREPARATION OF AN URBAN RENEWAL PLAN FOR THE AREA SUBJECT TO CERTAIN CONDITIONS, WHICH PLAN MAY INCLUDE REVENUE ALLOCATION PROVISIONS FOR ALL OR PART OF THE AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council (the "City Council") of the City of Meridian, Idaho (the "City"), found that deteriorating areas exist in the City, therefore, for the purposes of the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended(the "Law"), created an urban renewal agency pursuant to the Law, authorizing the agency to transact business and exercise the powers granted by the Law and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act") upon making the findings of necessity required for creating the Urban Renewal Agency of the city of Meridian, Idaho, also known as the Meridian Development Corporation ("MDC"); WHEREAS, the Mayor has duly appointed the Board of Commissioners of MDC (the "MDC Board"), which appointment was confirmed by the City Council; 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, making certain findings and establishing the Downtown District revenue allocation area (the "Downtown District Project Area"); WHEREAS, 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; RESOLUTION NO. 21-2273 - 1 Page 450 Item#23. WHEREAS, following said public hearings, the City Council adopted its Ordinance No. 16-1695 on June 21, 2016, approving the Ten Mile Plan, making certain findings and establishing the Ten Mile revenue allocation area(the "Ten Mile 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. 20-1881 on June 9, 2020, approving the First Amendment to the Downtown District Plan deannexing certain parcels and making certain findings (collectively, the Downtown District Plan, and amendments thereto, are referred to as the "Existing Downtown District Plan," and the Downtown District Project Area, and amendments thereto, are referred to as the "Existing Downtown District Project Area"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan for the Union District Urban Renewal Project (the "Union District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 20-1882 on June 9, 2020, approving the Union District Plan, making certain findings and establishing the Union District revenue allocation area(the "Union District Project Area"); WHEREAS, the Existing Downtown District Plan, the Ten Mile Plan, and the Union District Plan and their project areas are collectively referred to as the "Existing Project Areas;" WHEREAS, it has become apparent that additional property, most of which is located within the City, and a portion of which is located within the City's area of operation within unincorporated Ada County, may be deteriorating or deteriorated and should be examined as to whether such an area is eligible for an urban renewal project; WHEREAS, in 2021, Kushlan I Associates commenced an eligibility study and preparation of an eligibility report for an area 126.226 acres in size, approximately 77 acres of which is currently located within the boundaries of the Existing Downtown District Project Area, which area is subject to a deannexation. The area is generally located in the central part of Meridian, northeast of the City's downtown core, and east of Meridian Road and south of Fairview Avenue extending to Pine Avenue between NE 2nd Street and E. 3rd Street, and which area also includes a commercial area east of Meridian Road fronting Fairview Avenue on the north and a 17.64-acre parcel located on the northwest corner of Meridian Road and Cherry Lane. The eligibility study area is commonly referred to as the Northern Gateway District Study Area(the"Study Area"); WHEREAS, MDC obtained an eligibility report entitled Northern Gateway Urban Renewal District (Proposed) Eligibility Report, dated May 2021 (the "Report"), which examined the Study Area, which area also includes real property located within unincorporated Ada County, 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(8), (9) and 50-2903(8); RESOLUTION NO. 21-2273 - 2 Page 451 Item#23. WHEREAS, the Report, a copy of which is attached hereto as Exhibit A, found the existence of one or more of the statutory criteria for the area to be considered eligible for urban renewal activities; WHEREAS, pursuant to Idaho Code Sections 50-2018(8), (9) and 50-2903(8), which define the qualifying conditions of a deteriorating area and a deteriorated area, many of the conditions necessary to be present in such an area are found in the Study Area, i.e., a. the presence of a substantial number of deteriorated or deteriorating structures; and deterioration of site; b. age or obsolescence; C. the predominance of defective or inadequate street layout; d. faulty lot layout in relation to size, adequacy, accessibility, or usefulness; obsolete platting; e. insanitary or unsafe conditions; f. diversity of ownership; g. results in economic underdevelopment of the area; and h. substantially impairs or arrests the sound growth of a municipality. WHEREAS, the Study Area contains open land; WHEREAS, under the Act a deteriorated area includes any area which is predominantly 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; WHEREAS, Idaho Code Sections 50-2018(9), 50-2903(8) and 50-2008(d) list the additional conditions applicable to open land or open areas, including open land areas to be acquired by MDC, which are the same or similar to the conditions set forth in the definitions of "deteriorating area" and"deteriorated area;" WHEREAS, the Study Area is not "predominantly" open; however, the Report addresses the necessary findings concerning including open land within any urban renewal area as defined in Idaho Code Sections 50-2018(9), 50-2903(8)(c), and 50-2008(d); 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, MDC, on June 9, 2021, adopted Resolution No. 21-026 (a copy of which is attached hereto as Exhibit B and incorporated herein by this reference, without attachments thereto) accepted the Report and authorized the Chair, Vice-Chair, or Administrator of MDC 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 Study Area, which plan may include a revenue allocation provision as allowed by law; WHEREAS, under the Law and Act, Idaho Code Sections 50-2903(8)(f) and 50-2018(8) RESOLUTION NO. 21-2273 - 3 Page 452 Item#23. and (9), the definition of a deteriorating area shall not apply to any agricultural operation as defined in Section 22-4502(2), Idaho Code, absent the consent of the owner of the agricultural operation except for an agricultural operation that has not been used for three (3) consecutive years; WHEREAS, the Study Area includes a parcel subject to such consent. While the necessary consent has not been obtained, it is anticipated the consent will be obtained prior to City Council consideration of any urban renewal plan; WHEREAS, Idaho Code Section 50-2018(18) provides that an urban renewal agency cannot exercise jurisdiction over any area outside the city limits without the approval of the other city or county declaring the need for an urban renewal plan for the proposed area; WHEREAS, the portion of the Study Area lying outside the City limits and within unincorporated Ada County includes a parcel which is anticipated to proceed through the formal annexation process of the City; WHEREAS, though a portion of the Study Area lies outside the City limits, because that parcel is anticipated to proceed through the voluntary annexation process, no formal resolution from Ada County, Idaho, has been requested. In the event annexation of that parcel has not been obtained by the time the City Council considers approval of a new urban renewal plan, it is anticipated the City would seek to obtain an agreement with Ada County, Idaho, as required by Idaho Code Section 50-2906(3); WHEREAS, the Report includes a preliminary analysis concluding the base assessment roll value for the Study Area along with the base assessment rolls for the Existing Project Areas and any proposed revenue allocation areas or amendments thereto, do not exceed 10% of the current assessed valuation of all taxable property within the City; WHEREAS, pursuant to Idaho Code Section 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 a deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; 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 a deteriorating area; and WHEREAS, it is desirable and in the best public interest that MDC prepare an urban renewal plan for the area identified as the Northern Gateway District Study Area in the Report located in the city of Meridian, county of Ada, state of Idaho. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, AS FOLLOWS: Section 1. That the City Council acknowledges acceptance and receipt of the Report. RESOLUTION NO. 21-2273 -4 Page 453 Item#23. Section 2. That the City Council finds and declares that the Northern Gateway District Study Area identified in the Report, attached hereto as Exhibit A, which a portion of such area is subject to deannexation from the Existing Downtown District Project Area, is a deteriorated area and/or a deteriorating area existing in the City and the City's area of operation, as defined in Title 50, Chapters 20 and 29, Idaho Code, as amended, and qualifies as an urban renewal project and justification exists for designating the area as appropriate for an urban renewal project. Section 3. That the City Council finds and declares there is a need for MDC, an urban renewal agency, to function in accordance with the provisions of Title 50, Chapters 20 and 29, Idaho Code, as amended, within a designated area for the purpose of establishing an urban renewal plan. Section 4. That having made such designation, the City Council hereby directs MDC to commence preparation of an urban renewal plan for the Northern Gateway District Study Area described in the Report for consideration by the MDC Board and, if acceptable, final consideration by the City Council in compliance with Title 50, Chapters 20 and 29, Idaho Code, as amended. Section 5. That the City Council directs MDC to obtain the required agricultural consent from the property owner(s)prior to formally submitting the proposed urban renewal plan to the City Council for its consideration. Section 6. That in the event annexation of the parcel currently located within unincorporated Ada County has not been obtained by the time the City Council considers approval of a new urban renewal plan, it is anticipated the City Council would seek to obtain an agreement with Ada County, Idaho, as required by Idaho Code Section 50-2906(3). Section 7. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED By the Council of the City of Meridian, Idaho, this 6th day of July 2021. APPROVED By the Mayor of the City of Meridian, Idaho, this 6th day of July 2021. APPROVED: MAYOR Robert E. Simison ATTEST: CITY CLERK Chris Johnson RESOLUTION NO. 21-2273 - 5 Page 454 Item#23. Exhibit A C/` WER11 �1 Northern Gateway Urban Renewal District (Proposed) Eligibility Report Prepared for The City of Meridian and The Meridian Development Corporation May 2021 planning and management services post office I*ox 8463 Boise,ID$37 Kushlan I Associates Boise, Idaho 11Page Page 455 Item#23. Introduction: Kushlan I Associates was retained by the Urban Renewal Agency of the City of Meridian, Idaho, also known as the Meridian Development Corporation (the "MDC")to assist in their consideration of establishing a new urban renewal district,[in the City of Meridian, Idaho, and its area of operation. Elected Officials serving the City of Meridian are: Mayor: Robert Simison Council President: Treg Bernt Council Vice President: Brad Hoaglun Council Members: Joe Borton Luke Cavener Liz Strader Jessica Perreault City Staff Community Development Director: Cameron Arial Idaho Code§50-2006 states: "URBAN RENEWAL AGENCY. (a)There is hereby created in each municipality an independent public body corporate and politic to be known as the "urban renewal agency" that was created by resolution as provided in section 50-2005, Idaho Code, before July 1, 2011, for the municipality..." to carry out the powers enumerated in the statutes. The Meridian City Council adopted Resolution 01-397 on July 24, 2001 bringing forth those powers within the City of Meridian. The Mayor,with the confirmation of the City Council,has appointed nine members to the MDC Board of Commissioners(the"MDC Board").The MDC Board currently oversees the implementation of three urban renewal districts. Two are focused on the revitalization of downtown Meridian. The first, the Meridian Revitalization Plan Urban Renewal Project (the "Downtown District") was established by the City Council's adoption of Ordinance No. 02-987 on December 3, 2002. The second district, the Urban Renewal Plan for the Union District Urban Renewal Project (the "Union District") was established with the adoption of Ordinance No. 20-1882 on June 9, 2020. Both the Downtown District and the Union District are focused on redevelopment activities in and around the City's downtown core. The third district,the Urban Renewal Plan for the Ten Mile Road-A Urban Renewal Project (the "Ten Mile District") was established by Ordinance No. 16-1695 adopted on June 21, 2016, and is focused on economic development outside of the City's core to support implementation of the Ten Mile Interchange Specific Area Plan. The current membership of the Commission is as follows: Chair: David Winder Vice Chairman Nathan Mueller Secretary/Treasurer Steve Vlassek Commissioners Dan Basalone Rob McCarvel Treg Bernt Tammy deWeerd Diane Bevan Kit Fitzgerald ' Throughout this Study,urban renewal/revenue allocation area will be referred to as an"urban renewal district." 2 1 P a g e Page 456 Item#23. Staff: Urban Renewal Administrator: Ashley Squyres Legal Counsel: Todd Lakey Map of the Downtown District (excluding shaded area) W CHERRY LIN E_7Ai•. i F z rr 1 W B"KWG 0157ApFC€ k y . 4A. N W331S 1"E 639.6V [� L2 5 88942'24"E W.05 D Q N 00133'15"E 336.24' 70 L4 5 M3679'E 464.82' o L.5 5 0I 22 54"W 976,24' LE N A'301 W 831.04' m m A rn z T WPINE AVE E PINE AVL L4 W IDAHOAVE L2 W BROADWAY AVE -" n J �„ " •;•-:: RAIL ROAD L5 aQ� 6 tsl�'L��1 W FRANKLIN RD �}/1G L�jp N 9°32'43"PY 12 T E FRAPVICUN RD 3s-- M m � p O z ❑ 77 � rn 11574 Aid � I O INTERSTATE 84 3 Page Page 457 Item#23. Map of Union District ONION❑r=CT CITY OF NEWMAN,ADA COUNTY;IDAHO I � E PINE AVE r , a m m IT i z A 9 4 ❑_ z ❑ Y 0 m Z -4 ti 1 A p 5L'E 4fiR 8 E MA"O AVE A mm .........................Fr ::::a ........................sea�rx4*F 3su.os• E 6ROAaWAY AVE —.............� 1. h M r { h"96°3tYl9"1V 831.i}4' I A 51 74 7 E FRANKLJN RD 9g 1*4 !9 17Z6.17' ---'-----'--- 1P 1��kG'V NT3 FAT: 2M a WASFUNGTON AVE Wa UNION DISTRICT EMMETT;IDR3613 &Ex ANNEXATION EXHIBIT MLLTRfAX M8-81a4 + to' MEFL6i,w,,o. F:�2Q8�34&$!Q5 1=4 SEC, 7, T3N. RIE. 8,1, 2DMJ4.011P AAA COUNTY. IDAHO 47+6VW.544Y7Op77ifS.COM ,OF 4 1 P a g e Page 458 Item#23. Map of Ten Mile Road District Franklin i Crest Wood r cv ¢w -�,,eenhead KSrnre c n H Pintail m E9re1 6 Bayeux Gander Waltman Brown n a Trout c m Eider t6 Y J J Verbena Legend N L NOya L Ten Mile Specdx Area Ran �Tasa Sil.verTerrace D Feva A1ftW nAre °,, . Dutch Farm oy jrhorn Overland o sw 1403 O —i Feat Background: While Native Americans inhabited the area for centuries, the development of the community of Meridian,as we know it today,evolved through the late nineteenth century. European settlement started in the 188os and was originally located on a farm owned by the Onweiler family. A school was opened in 1885. The U.S. Postal Service established a mail drop along the Oregon Short Line Railroad and the site was named Hunter after its superintendent. Community activity grew around this mail stop focused on the railroad. In 1893 an Odd Fellows lodge was organized and called itself Meridian, acknowledging that it was located on the Boise Meridian the primary North-South survey benchmark for Idaho. That name grew in primary use as the name of the settlement and the Village of Meridian was incorporated in 1903 with a population of approximately 200. The economy had traditionally been focused on the support of the surrounding agricultural activities. A major creamery was established in the community in 1897 to support the nearby dairies. Fruit orchards were located throughout the area. Meridian was a significant stop on the Interurban electric railway from 19o8 to 1928. This service provided convenient access for passengers and freight in both easterly and westerly directions. Throughout most of the loth century, Meridian remained a relatively quiet community focused on its agricultural roots.US Census Bureau data,reflects a 1910 population of 619 people growing to 2,616 by 1970. However, starting in 197o the pace of growth in Southwest Idaho quickened and Meridian's growth initially reflected, and then exceeded 5 1 P a g e Page 459 Item#23. the regional rates by significant margins. Over the past twenty-five years the rate of growth has been startling by any reasonable standard. The following table reflects that population growth over the city's history. 1903 (Incorporation Estimate) 200 1910 619 1920 1,013 1930 1,004 1940 1,465 1950 1,500 196o 2,100 1970 2,600 198o 6,658 1990 9,596 2000 34,919 2010 75,092 2020 114,200 2021(Estimate) 129,555 When income statistics are compared to statewide numbers, the population of Meridian compares favorably with the rest of Idaho in these categories. The median household income in Meridian is $71,389, approximately 28%above the statewide figure Of$55,785• Per capita money income for the Meridian population is $33,328 as compared to the statewide number of$27,970. The percentage of the Meridian population below poverty level is 8.6% as compared to the statewide number Of 11.2%. Investment Capacity: Cities across the nation actively participate in the economic vitality of their communities through investment in infrastructure. Water and sewer facilities as well as transportation, communication, electrical distribution and other systems are all integral elements of an economically viable community. Idaho cities have a significant challenge in responding to these demands along with the on-going need to reinvest in their general physical plant to ensure it does not deteriorate to the point of system failure. They face stringent statutory and constitutional limitations on revenue generation and debt as well as near total dependence upon state legislative action to provide funding options.These strictures severely constrain capital investment strategies. The tools made available to cities in Title 50,Chapters 20 and 29,the Urban Renewal Law and the Local Economic Development Act are some of the few that are available to assist communities in their efforts to support economic vitality. New sources of State support are unlikely to become available in the foreseeable future, thus the City of Meridian's interest in exploring the potential for establishing another urban renewal district is an appropriate public policy consideration. The City of Meridian initially established its Urban Renewal Agency in 2oo1. As noted above, the Downtown District's exclusive focus, limited by the boundaries of the district, is on the traditional downtown area of Meridian. The Ten Mile District was created in 2016 and was designed to support the implementation of the Ten Mile Interchange Specific Area Plan. A third urban renewal district was created in 2020 from an area de- 61Page Page 460 Item#23. annexed from the original Downtown District to support a significant mixed use-project. The Northern Gateway Urban Renewal District would, if approved by the MDC Board of Commissioners and Meridian City Council, would remove 133 parcels from the existing Downtown District2 and combine those with other properties and rights-of-way north of Fairview Avenue and southeast of Fairview Avenue to establish a new district. One large property(Kobe property~ 17.64 acres) currently under consideration for inclusion in the district remains outside the city limits and in unincorporated Ada County. To include this parcel in a district under the jurisdiction of MDC, an agreement would be required between the City and Ada County to permit this inclusion. Should annexation of this parcel be effectuated prior to the establishment of the district by the City Council, no agreement would be required. Comprehensive Plan: The City of Meridian Comprehensive Plan, updated in 2019 calls for a mixture of Office, High Density Residential, Commercial and Mixed-Use development in the Study Area under current review. The Study Area is in transition from a predominately single-family residential area dating back to the early years of the community. While many of the residences remain in their original use, many others have been converted to office uses creating a patchwork of uses with more intense commercial activity along the arterial streets. 2 The Second Amendment to the Meridian Revitalization Plan seeking to deannex certain parcels from the existing Downtown District,including those parcels that are contemplated to be considered for inclusion in the proposed Northern Gateway District,has been approved by the MDC Board and submitted to the City for its consideration. 7 1 P a g e Page 461 Item#23. i I I cm 4 ,[ Steps in Consideration of an Urban Renewal District: The first step in consideration of establishing an urban renewal district in Idaho is to define a potential area for analysis as to whether conditions exist within it to qualify for redevelopment activities under the statute.We have called this the"Study Area." The next step in the process is to review the conditions within the Study Area to determine whether the area is eligible for creating a district.The State Law governing urban renewal sets out the following criteria, at least one of which must be found, for an area to be considered eligible for urban renewal activities: 1. The Presence of a Substantial Number of Deteriorated or Deteriorating Structures and Deterioration of Site or Other Improvements 150-2018(9) and 50-2903(8)(b); 50-2903(8)(c)] 2. Age or Obsolescence 150-2018(8) and 50-2903(8)(a)] 3. Predominance of Defective or Inadequate Street Layout L50-2018(9) and 50-2903(8)(b)] 8 1 P a g e Page 462 Item#23. 4. Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness; Obsolete Platting 150-2018(9) and 50-2903(8)(b); 50- 2903(8)(c)] 5. Insanitary or Unsafe Conditions L50-2oi8(9) and 50-2903(8)(b)] 6. Diversity of Ownership 150-2018(9) and 50-2903(8)(b); 50-2903(8)(c)] 7. Tax or Special Assessment Delinquency 150-2018(9) and 50-2903(8)(b)] 8. Defective or Unusual Conditions of Title L50-2oi8(9) and 50-2903(8)(b)] 9. Results in Economic Underdevelopment of the Area 150-2903(8)(b); 50- 2903(8)(c)] 10. Substantially Impairs or Arrests the Sound Growth of a Municipality 150- 2018(9) and 50-2903(8)(b); 50-2903(8)(c)] If the Eligibility Report finds that one or more of the conditions noted above exists within the Study Area,then the Agency may accept the findings and forward the Eligibility Report to the City Council for their consideration. If the City Council concurs with the determination of the Agency, they may direct that an Urban Renewal Plan be developed for the area that addresses the issues raised in the Eligibility Report. The Agency then acts to prepare the Urban Renewal Plan for the new District and establishing a Revenue Allocation Area to fund improvements called for in the Plan. Once the Plan for the District and Revenue Allocation Area are completed, the Agency Board forwards it to the City Council for their consideration. The City Council must refer the Urban Renewal Plan to the Planning and Zoning Commission to determine whether the Plan, as presented, is consistent with the City's Comprehensive Plan and make a corresponding finding. At the same time, other taxing entities levying property taxes within the boundaries of the proposed Urban Renewal District are provided a thirty-day opportunity to comment on the Plan to the City Council. While the taxing entities are invited to comment on the Plan, their concurrence is not required for the City Council to proceed with formal consideration. Based on legislative changes to Idaho Code § 50-2908(2)(a), effective July 1, 2020, the Ada County Highway District (ACHD) is allocated all of the taxes levied by ACHD within a revenue allocation area first formed or expanded to include property on or after July 1, 2020(including taxes levied on the base and increment values),which would apply to this proposed district,if formed. However,ACHD and MDC may enter into an agreement for a different allocation, which agreement shall be submitted to the State Tax Commission and to the Ada County Clerk by ACHD as soon as practicable after the parties have entered in the agreement and by no later than September i of the year in which the agreement takes effect. In the case of the Northern Gateway Study Area,the affected taxing districts for those properties located within the city limits of Meridian are: • The City of Meridian • The West Ada School District (School District No. 2) • Ada County 9 1 P a g e Page 463 Item#23. • Emergency Medical District/Ada County Ambulance • Mosquito Abatement District • The Ada County Highway District • Meridian Library District • Meridian Cemetery District • Western Ada Recreation District • College of Western Idaho For the parcel located in unincorporated Ada County,the affected taxing districts are: • The West Ada School District(Joint School District No. 2) • Ada County • Emergency Medical District/Ada County Ambulance • Mosquito Abatement District • The Ada County Highway District • Meridian Library District • Meridian Cemetery District • Western Ada Recreation District • College of Western Idaho • Meridian Fire District • Pest Extermination District Once the Planning and Zoning Commission makes their finding of conformity and the thirty-day comment period has passed, the City Council is permitted to hold a public hearing and formally consider the adoption of the Plan creating the new Urban Renewal District and Revenue Allocation Area. The City Council must also find that the taxable value of the district to be created plus the Base Assessed Value of any existing Urban Renewal / Revenue Allocation Area does not exceed the statutory maximum of io%of the citywide assessed valuation. If the City Council, in their discretion chooses to proceed, they will officially adopt the Urban Renewal Plan and Revenue Allocation Area and provide official notification of that action to the affected taxing districts, County Assessor and Idaho State Tax Commission. The Agency then proceeds to implement the Plan. Description of the Northern Gateway Study Area: The Study Area subject to the current review is generally located in the central part of Meridian, northeast of the City's downtown core, and is generally bounded by Meridian Road on the west to the intersection of Meridian Road and W.Cherry Lane travelling west and E. Fairview Avenue travelling east. The Study Area then includes a large 17.64-acre parcel(Kobe Property)bounded by W.Cherry Lane to the south and Meridian Road to the east. The Study Area also includes the commercial area east of Meridian Road and north of Fairview Avenue. The eastern boundary extends south along NE 5t'Avenue and then over to what would be NE 4th Street if extended, and then over to NE 3rd Street. The southern boundary extends to E. Pine Avenue between NE 3rd Street and NE end Street, and then travels up NE end Street and over E. Washington Avenue to connect back to Meridian Road. 101Page Page 464 Item#23. The size and value information presented in Attachment i was derived from the Ada County Assessor's on-line parcel information system3. The 2O20 taxable value of the portion of the Study Area located in unincorporated Ada County,represents exceptionally low assessed value as compared to the more developed area surrounding it located within the corporate limits of the City of Meridian. Land values in the more developed, commercially zoned areas range from approximately$5.00 to$15.00 per square foot. The unincorporated agricultural land reflects a current assessed value of$.04 per square foot consistent with assessed values assigned to agricultural properties in the broader area. As a comparison,the vacant parcel across Meridian Road within the city limits and zones for commercial purposes has an assessed value of$8.50 per square foot. Northern Gateway Urban Renewal Area � LegeM o�hem® a r I „ 1 The Study Area The Northern Gateway Study Area consists of one hundred fifty(15O)tax parcels located in central Meridian,northeast of the City's downtown core,and generally east of Meridian Road and south of Fairview Avenue.A portion of the Study Area fronts the north side of Fairview Avenue east of Meridian Road and there is a 17.64 acre parcel (Kobe Property) s For purposes of this Study,the 2020 taxable values were reviewed as at the time of this review the 2021 value information was not available. Use of the 2020 values provides a more conservative analysis as it is generally understood significant value increases will occur in 2021.Further,based on the adoption of H389,effective retroactive to January 1,2021,the Homeowner Property Tax Exemption will increase to a maximum of$125,000. This is anticipated to further reduce the base. Again,as the 2021 tax assessments were not yet available at the time this Study was prepared,the 2020 data has been used. The 10%analysis set forth below will ultimately be revisited in any further urban renewal plan. 111Page Page 465 Item#23. located at the northwest corner of Meridian Road and Cherry Lane included as well. The Kobe Property is undeveloped and retains its historic agricultural use. The Kobe Property is currently located in unincorporated Ada County necessitating an inter-governmental agreement between MDC and Ada County to permit its inclusion within the boundaries of any future revenue allocation area. The area contains 105.63 acres in 150 separate tax parcels not including public rights-of-way. The properties within the Study Area carry zoning designations consistent with its historic usage. Commercial zoning designations are in place on 59.55 acres (56.4% of the district). Residential zoning of R-8 and R-15 predominate in the area. One parcel is zoned R-40. Commercial zoning is in place on 104 of the parcels. Residential zoning of R-8 occupies 11.61 acres, R-15 occupies 14.54 acres and R-40 occupies 2.29 acres. Properties designated as residential constitute 26.9%of the total acreage. The balance of the area is zoned Rural Urban Transition (RUT) in unincorporated Ada County. Ada County Assessor records show that 28 of the residential properties reflect a Homeowners Property Tax Exemption indicating they are owner occupied residences. Nineteen(19)vacant parcels represent 28.75%of the total land area of the Study Area. Religious and fraternal institutions and governmental entities occupy 13 tax parcels representing 8%of the total. The Study Area is one of the older developed areas in the community. As noted above, Meridian was established in the 188os and eventually incorporated as a Village under Idaho law in 1903. Most of the structures constructed as residences date to the first 20 years of the loth Century and most predate 1960. Many of these residential structures have transitioned into commercial uses over time. When the improvement value assigned to a parcel is less than or approaches the land value, a deteriorated or deteriorating condition is present.National real estate appraisal standards suggest that in an economically viable property,land value should contribute approximately 30%of the total value leaving 70%to the improvements.As that ratio shifts,with improvement value declining as a proportion of the total, a condition of disinvestment is determined to be present.At a point when the improvement value represents less than 50%of the total(i.e. improvement value is less than land value) such condition represents a"deteriorated condition"for the purposes of this analysis.We have assumed for this Study that those properties with improvement values less than 150 of land value approach the "deteriorated condition" and thus can be classified as "deteriorating" under the definitions in state law. With these benchmarks in mind, we find that 33 properties (20.4%) reflect improvement values less than land values and an additional 23 properties(14.2%)reflect improvement values less than 150%of land values. When considered together, 56 properties representing 34.6% of the total taxable parcels reflect a deteriorated or deteriorating condition. Streets: Fairview/Cherry Lane, Meridian Road, Main Street and Pine Avenue constitute the backbone of the street network in the Study Area. These streets have received recent investment with their condition reflecting current urban standards. The 17.64-acre Kobe property has not been subdivided to accommodate the vision expressed in the City's Comprehensive Plan, so no street network has been established in this property which represents the largest single land holding in the Study Area. The 4.o-acre parcel located at the extreme northerly edge of the Study Area has no direct access to a public street and therefore is landlocked. The area south of Fairview reflects a fine-grained grid pattern 121Page Page 466 Item#23. common to communities developed in the early loth century. However, the grid is incomplete in a number of places. For example, NE 3rd Street is interrupted in three places. Similar interruptions can be found on Gruber Avenue, Bradley Avenue and Washington Avenue. Improvement conditions reflecting current City and ACHD standards are in place in parts of the Study Area, but significant portions still lack curb, gutter and sidewalks. Pavement conditions vary from Good to Poor. Sections of East Washington and East Carlton located east of NE 21/2 Street appear to provide only half of the street width. Illumination: Street lighting levels are inconsistent creating a hazard as drivers'eyes must frequently adjust to differing light levels potentially obscuring pedestrians and roadway obstructions. Spacing between standard lighting fixtures varies throughout the Study Area and some arterial sections have smaller-scale decorative lighting in lieu of the standard fixture. Sidewalks: Pedestrian facilities are incomplete. Even where curb and gutter sections have been installed, sidewalks are often nonexistent. The fine-grained street grid pattern invites movements through the area on foot. Yet, in many situations in the Study Area, pedestrian traffic is forced to walk in the street due to a lack of facilities to accommodate that type of traffic. Storm Drainage: Those areas without modern curb and gutter sections in place also do not provide a means to collect and dispose of storm drainage or snow melt. This condition allows for surface ponding undermining the integrity of the street surface and obscuring hazards in wet conditions. Water System: A major portion of the Study Area is served by an 8"pipe grid providing looping for sufficient redundancy in case of a failure of a section of pipe. However, the City's Water System Master Plan notes several locations where 6" pipes remain in place and one location, north of Pine Avenue, on NE end Street is served by a 4"pipe. These 6" and 4" pipes would provide insufficient capacity to support fire flows as the area redevelops as envisioned in the Comprehensive Plan. Sewage Collection System: No deficiencies in this area were noted. Analysis of the Study Area: A review of the Study Area reflects an area in transition. Much of the traditional housing stock has been converted to commercial uses and investment in multi-family structures has occurred in some instances. These investments reflect the vision expressed in the City's Comprehensive Plan. However, many of the residential structures remain in that use suggesting an area in transition. Substantial investment in public infrastructure throughout the entire Study Area will be required to support the achievement of the City's vision. The Kobe property will require investment as it currently has no infrastructure, other than the peripheral arterial streets, to support development consistent with the Comprehensive Plan. Meaningful progress may depend upon some level of public intervention to support the private investment envisioned in the Plan. For the convenience of the reader,the statutory criteria are reiterated,at least one of which must be found to qualify an area for urban renewal activities. Those conditions are: 131Page Page 467 Item#23. 1. The Presence of a Substantial Number of Deteriorated or Deteriorating Structures and Deterioration of Site or Other Improvements 150-2o18(g)and 50-2903(8)(b); 50-2903(8)(c)] 2. Age or Obsolescence L50-2018(8) and 50-2903(8)(a)] 3. Predominance of Defective or Inadequate Street Layout 150-2018(9) and 50- 2903(8)(b)] 4. Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness; Obsolete Platting 150-2018(9) and 50-2903(8)(b); 50-2903(8)(c)] 5. Insanitary or Unsafe Conditions L50-2o18(9) and 50-2903(8)(b)] 6. Diversity of Ownership 150-2018(9) and 50-2903(8)(b); 50-2903(8)(c)] 7. Tax or Special Assessment Delinquency 150-2018(9) and 50-2903(8)(b)] 8. Defective or Unusual Conditions of Title 150-2018(9) and 50-2903(8)(b)] 9. Results in Economic Underdevelopment of the Area 150-2903(8)(b); 50- 2903(8)(c)] 10. Substantially Impairs or Arrests the Sound Growth of a Municipality 150-2018(9) and 50-2903(8)(b), 50-2903(8)(c)] Analysis: Northern GatewaX Criterion #1: The Presence of a Substantial Number of Deteriorated or Deteriorating Structures; and Deterioration of Site: We found that 33 properties (20.4%) reflect improvement values less than land values and an additional 23 properties(14.2%) reflect improvement values less than 150% of land values. When considered together, 56 properties representing 34.6% of the total taxable parcels reflect a deteriorated or deteriorating condition. Therefore, criterion #1 is met. Criterion #2: Age or Obsolescence: Most of the structures within the Study Area date from the first half of the loth Century.Most were constructed as residential buildings and while many having been converted to office uses, modern requirements for commercial use suggests the converted homes will eventually transition into more up-to-date office/commercial designs. A manufactured home community occupies land along NE 3rd Street that is designated for High Density Residential uses in the Comprehensive Plan. Over 28 acres in the Study Area,which is located in the central part of the City, northeast of the City's downtown core,remains vacant despite the City's articulated vision calling for a significantly more intense development pattern. Therefore, criterion #2 is met. Criterion #3: Predominance of Defective or Inadequate Street Layout: As noted above, certain streets in the Study Area are interrupted creating breaks in the traditional street grid pattern, which impairs traffic circulation and mobility goals. Several sections do not meet current urban street development standards. Therefore, criterion #3 is met. 141Page Page 468 Item#23. Criterion #4: Faulty Lot Layout in Relation to Size, Adequacy, Accessibility or Usefulness; Obsolete Platting: One 4-acre parcel located north of Fairview Avenue has no direct access to a public right-of-way. The Kobe 17.67-acre parcel has not been subdivided to accommodate the development pattern envisioned in City planning documents. Large vacant parcels south of Fairview interrupt the historic grid pattern of streets. The small residential parcel sizes impair development consistent with the Comprehensive Plan as property assembly would be necessary. Therefore, criterion #4 is met. Criterion #5: Insanitary or Unsafe Conditions: The lack of a complete system of sidewalks forcing pedestrians into the street creates an unsafe condition. This condition forces vehicles,bicycles and pedestrians to share roadways in an inconsistent manner and impairs multi-modal usages and overall mobility. Inconsistent street lighting patterns contribute to an unsafe driving situation. Therefore, criterion #5 is met. Criterion #6: Diversity of Ownership: The ownership of the 105.63 acres in the Study Area is in the hands of one hundred fifty(150)entities. Such diversity of ownership creates significant issues with property assemblage necessary to support the goals of the City's Comprehensive Plan. Therefore, criterion #6 is met. Criterion#7. Tax or Special Assessment Delinquency: According to Ada County Assessor records, no delinquencies exist. Therefore, criterion#7 is not met. Criterion #8:Defective or unusual condition of title: No defective or unusual conditions of title are reflected in Ada County records. Therefore, criterion #8 is not met. Criterion #9: Results in Economic Underdevelopment of the Area: Current uses within the Study Area are inconsistent with the goals set forth in the City's Comprehensive Plan. Additionally, as set forth above, a significant number of parcels reflect deteriorated or deteriorated conditions showing significant disinvestment in the Study Area. More than Twenty-eight(28.75)vacant acres in the central part of the City,one of the fastest growing communities in the nation, further suggests "Economic Underdevelopment" exists in the Study Area.Therefore, criterion#9 is met. Criterion#10:Substantially Impairs orArrests the Sound Growth of a Municipality:The State of Idaho, the City of Meridian and the Ada County Highway District have made substantial investment in the transportation and utility facilities serving this and the surrounding areas. The City of Meridian has expressed its vision for this area in the creation and adoption of the Comprehensive Plan,but without the capacity to provide full public infrastructure,the Study Area will remain an under-utilized area in the midst of the fastest growing area in the State of Idaho. Criterion#10 is met. Findings: Northern Gateway Conditions exist within the Study Area to allow the Board of Commissioners of the Meridian Development Corporation and the Meridian City Council to determine that the area is eligible for urban renewal activities as prescribed in State Law. Summary of Findings Criteria Met Not Met 1 The Presence of a Substantial Number of Deteriorated X or Deteriorating Structures; and Deterioration of Site 151Page Page 469 Item#23. 2 Age or Obsolescence X 3 Predominance of Defective or Inadequate Street X Layout 4 Faulty Lot Layout in Relation to Size,Adequacy, X Accessibility or Usefulness; Obsolete Platting 5 Insanitary or Unsafe Conditions X 6 Diversity of Ownership X 7 Tax or Special Assessment Delinquency X 8 Defective or unusual condition of title X 9 Results in Economic Underdevelopment of the Area X io Substantially Impairs or Arrests the Sound Growth of X a Municipality Analysis: Open Land Conditions: In addition to the eligibility conditions identified above, the geographic area under review also considers the "open land" conditions.Idaho Code Section 50-2903(8)(c)states: "[a]ny area which is predominately4 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." The eligibility criteria set forth in Idaho Code Section 50-2903(8)(c) for predominantly open land areas mirror or are the same as those criteria set forth in Idaho Code Sections 50-2o18(9) and 50-2903(8)(b). "Diversity of ownership" is the same, while "obsolete platting" appears to be equivalent to "faulty lot layout in relation to size, adequacy, accessibility,or usefulness.""Deterioration of structures or improvements"is the same or similar to "a substantial number of deteriorated or deteriorating structures" and "deterioration of site or other improvements."There is also an additional qualification that the provisions of Idaho Code Section 50-2oo8(d)shall apply to open areas. Idaho Code Section 50-2008 primarily addresses the urban renewal plan approval process and Idaho Code Section 50-20o8(d)(4) sets forth certain conditions and findings for agency acquisition of open land as follows: the urban renewal plan will 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: Provided, that 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 4 The statutes governing urban renewal set forth in Title 50,Chapters 20 and 29,Idaho Code,do not provide any guidance as to the definition of"predominantly." It is assumed for purposes of this Study that predominantly means more than 50%of the Study Area is"open land." Less than 25%of the parcels within the Study Area could conceivably fall within an open land designation.While the Study Area includes parcels that likely qualify as"open land,"making the findings pursuant to Idaho Code Section 50- 2903(8)(c)is not required. 161Page Page 470 Item#23. 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. In sum,there is one set of findings if the area of open land is to be acquired and developed for residential uses and a separate set of findings if the land is to be acquired and developed for nonresidential uses. Basically,open land areas may be acquired by an urban renewal agency and developed for nonresidential uses if such acquisition is necessary to solve various problems, associated with the land or the infrastructure, that have delayed the area's development. These problems include defective or usual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, and faulty lot layout. All of the stated conditions are included in one form or another in the definition of a deteriorated area and/or a deteriorating area set forth in Idaho Code Sections 50-2903(8)(b) and 50-2o18(g). The conditions listed only in Section 50- 2oo8(d)(4)(2) (the open land section) include economic disuse, unsuitable topography, and"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." The conclusion of this discussion concerning open land areas is that the area qualifies if any of the eligibility conditions set forth in Idaho Code Sections 50-2018(g) and 50- 2903(8)(b) apply. Alternatively, the area under consideration qualifies if any of the conditions listed only in Idaho Code Section 50-2oo8(d)(4)(2) apply.The size of some of the parcels, the lack of water and sewer facilities in the undeveloped portion of the Study Area; a nonexistent access and internal street system; an inadequate storm drain system; and lack of fire protection, are all conditions which delay development of the large undeveloped properties in the Study Area. Based on the above analysis, to the extent the Study Area is "predominantly open land," which is not a defined term, obsolete platting/faulty lot layout and economic underdevelopment are conditions found in the Study Area, and therefore, the open land condition is satisfied. 171Page Page 471 Item#23. Other Relevant Issues: Agricultural Landowners Concurrence: The statutory provisions concerning the creation of an urban renewal district prohibit inclusion of any land used for an agricultural operation without the express written consent of the property owner.An agricultural operation is broadly defined in Idaho Code § 22-4502(2) and means "an activity or condition that occurs in connection with the production of agricultural products for food, fiber, fuel and other lawful uses..." One method of determining whether there exists an agricultural operation on a parcel is the presence of an agricultural property tax exemptions.As of the date of this Eligibility Study, one parcel, the Kobe property, particularly located in the northwest corner of the Study Area,maintains assessed values consistent with other agricultural lands and appears,from a visual inspection, to be an active agricultural operation. As a result, property owner consent is required prior to final consideration of the proposed district's creation. CONCLUSION: Based upon the data and the conditions that exist within the Study Area as noted above, the Meridian Development Corporation Board and Meridian City Council may determine that the Northern Gateway Study Area is eligible for the establishment of an urban renewal district. lo% Analysis: In addition to the findings reported above, verification that the assessed value of the proposed Study Area is within the statutory limits is needed. State Law limits the percentage of values on the combined base assessment rolls that can be included in urban renewal / revenue allocation districts to lo% of the current assessed valuation of all taxable property within the City. According to Ada County Assessor records, the 20206 total certified value for the City of Meridian is $13,230,528,301 (does not include operating property). This number does not reflect exemptions. Therefore, taking a more conservative approach, the net taxable value for this calculation is used. That number is $10,375,837,804. As shown in the analysis in Table 1 the current taxable value of the entire Study Area is estimated to be $68,832,947• This value then must be added to the Base Assessed Values of the Downtown District,the Ten Mile District and the Union District to test for the io%limitation. Given that at this time the City and MDC are considering the potential creation of an additional urban renewal district (the Linder URD) and an amendment to the Union URD to add additional area pursuant to Idaho Code Section 50-2033,we added their assessed values to this analysis to provide decision makers with the scale of the various districts compared to the statutory limitation. The analysis for these purposes in presented in Table 1,below. The combined base assessment roll values remain well below the statutory limit. Table i Statutory io%Limitation Analysis s With House Bill 560(2020)effective July 1,2020,eliminating the property tax exemption for agricultural land and replacing it with a method to value agricultural land,going forward the method to determine the existence of an agricultural operation will change. 6 At the time this Study was prepared the 2021 values were not available. It is generally understood the 2021 values will increase;therefore,using the 2020 assessed values may be more conservative than the current conditions. 181Page Page 472 Item#23. Area Taxable Value Percentage Total City $10,375,837,804 100% Downtown URD Base Value $146,334,050 1.41% Ten Mile URD $ 39,539,125 0.38% Union URD $2,144,36o 0.02% Proposed Northern Gateway URD $68,832,974 o.66% *Proposed Linder URD $11,978,500 0.12% *Proposed Union District Addition (est.) $3,414,100 0.03% Total UR Base Assessed Value Percentagej $272,2439109 2.62% *The MDC Board has considered and accepted the proposed Linder District Eligibility Study. The MDC Board is anticipated to consider the eligibility of the proposed Union District Addition in June. The effect of creating this district on the capacity of the City and MDC to consider future districts should they choose to do so is also explored. The table below shows there is capacity to consider additional districts. Table 2 Remaining Urban Renewal Capacity Maximum 1o% Limitation $1,037,583,78o 10% Downtown URD $146,334,779 1.41% Ten Mile URD $39,539,125 0.38% Union URD $2,144,36o 0.02% Proposed Northern Gateway URD $68,832,947 o.66% Proposed Linder URD $11,996,035 0.12% Proposed Union District Addition(est.) $3,414,100 0..03% Available AV within limitation $765,340,671 7.38% 191Page Page 473 Item#23. Exhibit B MERIDIAN DEVELOPMENT CORPORATION THE URBAN RENEWAL AGENCY OF THE CITY OF MERIDIAN RESOLUTION NO. 21-026 BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, AIK/A THE MERIDIAN DEVELOPMENT CORPORATION: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, ALSO KNOWN AS THE MERIDIAN DEVELOPMENT CORPORATION, ACCEPTING THAT CERTAIN REPORT ON ELIGIBILITY FOR CERTAIN PROPERTY REFERRED TO AS THE NORTHERN GATEWAY DISTRICT AREA AS AN URBAN RENEWAL AREA AND REVENUE ALLOCATION AREA AND JUSTIFICATION FOR DESIGNATING THE AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; TO MAKE ANY NECESSARY TECHNICAL CHANGES TO THE REPORT; AUTHORIZING AND DIRECTING THE CHAIR, VICE-CHAIR OR ADMINISTRATOR TO TRANSMIT THE REPORT AND THIS RESOLUTION TO THE CITY COUNCIL OF THE CITY OF MERIDIAN REQUESTING ITS CONSIDERATION FOR DESIGNATION OF AN URBAN RENEWAL AREA AND SEEKING FURTHER DIRECTION FROM THE COUNCIL; 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 pursuant to the Law; 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"); RESOLUTION NO. 21-026 - 1 Page 474 Item#23. WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 02-987 on December 3, 2002, approving the Downtown District Plan, making certain findings and establishing the Downtown District revenue allocation area (the "Downtown District Project Area"); WHEREAS, 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 hearings, the City Council adopted its Ordinance No. 16-1695 on June 21, 2016, approving the Ten Mile Plan, making certain findings and establishing the Ten Mile revenue allocation area (the "Ten Mile 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. 20-1881 on June 9, 2020, approving the First Amendment to the Downtown District Plan deannexing certain parcels and making certain findings (collectively, the Downtown District Plan, and amendments thereto, are referred to as the "Existing Downtown District Plan," and the Downtown District Project Area, and amendments thereto, are referred to as the "Existing Downtown District Project Area"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan for the Union District Urban Renewal Project (the "Union District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 20-1882 on June 9, 2020, approving the Union District Plan, making certain findings and establishing the Union District revenue allocation area (the "Union District Project Area"); WHEREAS, the Existing Downtown District Plan, the Ten Mile Plan, and the Union District Plan and their project areas are collectively referred to as the "Existing Project Areas;" WHEREAS, it has become apparent that additional property, most of which is located within the City, and a portion of which is located within the City's area of operation within unincorporated Ada County, may be deteriorating or deteriorated and should be examined as to whether such an area is eligible for an urban renewal project; WHEREAS, in 2021, Kushlan I Associates commenced an eligibility study and preparation of an eligibility report for an area 126.226 acres in size, approximately 77 acres of which is currently located within the boundaries of the Existing Downtown RESOLUTION NO. 21-026 - 2 Page 475 Item#23. District Project Area, which area is subject to a de-annexation. The area is generally located in the central part of Meridian, northeast of the City's downtown core, and east of Meridian Road and south of Fairview Avenue extending to Pine Avenue between NE 2nd Street and NE 31d Street, and which area also includes a commercial area east of Meridian Road fronting Fairview Avenue on the north and a 17.64-acre parcel located on the northwest corner of Meridian Road and Cherry Lane. The eligibility study area is commonly referred to as the Northern Gateway District Study Area (the "Study Area"); WHEREAS, MDC has obtained the Northern Gateway Urban Renewal District (Proposed) Eligibility Report, dated May 2021 (the "Report"), a copy of which is attached hereto as Exhibit A, which examined the Study Area, which area also included real property located within unincorporated Ada County, 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(8), (9) and 50-2903(8); WHEREAS, pursuant to Idaho Code Sections 50-2018(8), (9) and 50-2903(8), which lists the definition of deteriorating area and deteriorated area, many of the conditions necessary to be present in such an area are found in the Study Area; WHEREAS, the effects of the listed conditions cited in the Report result in economic underdevelopment of the areas, 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 Report includes a preliminary analysis concluding the base assessment roll value for the Study Area along with the base assessment rolls for the Existing Project Areas and any proposed revenue allocation areas or amendments thereto, do not exceed 10% of the current assessed valuation of all taxable property within the City; WHEREAS, under the Act, a deteriorated area includes any area which is predominantly 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. See Idaho Code § 50-2903(8)(c); WHEREAS, Idaho Code Sections 50-2018(9), 50-2903(8) and 50-2008(d) list additional conditions applicable to open land areas, including open land areas to be acquired by the Agency; WHEREAS, the Study Area is not "predominantly" open; however, the Report addresses the necessary findings concerning including open land within any urban renewal area as defined in Idaho Code Sections 50-2018(9), 50-2903(8)(c), and 50- 2008(d); RESOLUTION NO. 21-026 - 3 Page 476 Item#23. WHEREAS, under the Law and Act, Idaho Code Sections 50-2903(8)(f) and 50- 2018(8) and (9), the definition of a deteriorating area shall not apply to any agricultural operation as defined in Section 22-4502(2), Idaho Code, absent the consent of the owner of the agricultural operation except for an agricultural operation that has not been used for three (3) consecutive years; WHEREAS, the Report includes a parcel subject to such consent. While the necessary consent has not been obtained, the consent shall be obtained prior to City Council consideration of any urban renewal plan; WHEREAS, Idaho Code Section 50-2018(18) provides that an urban renewal agency cannot exercise jurisdiction over any area outside the city limits without the approval of the other city or county declaring the need for an urban renewal plan for the proposed area; WHEREAS, the portion of the Study Area lying outside the City limits and within unincorporated Ada County includes a parcel which is anticipated to proceed through the formal annexation process of the City; WHEREAS, though a portion of the Study Area lies outside the City limits, because that parcel is anticipated to proceed through the voluntary annexation process, no formal resolution from Ada County, Idaho, has been requested. In the event annexation of that parcel has not been obtained by the time the City Council considers approval of a new urban renewal plan, it is anticipated the City would seek to obtain an agreement with Ada County, Idaho, as required by Idaho Code Section 50-2906(3); WHEREAS, pursuant to Idaho Code Section 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 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, the MDC Board finds it in the best public interest to accept the Report. 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. RESOLUTION NO. 21-026 -4 Page 477 Item#23. Section 2. That the MDC Board acknowledges acceptance and receipt of the Report, attached hereto as Exhibit A, recognizing technical changes or corrections which may be required before transmittal to the City Council for its consideration. Section 3. That there are one or more areas within the City and within unincorporated Ada County that are a deteriorating area or a deteriorated area as defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8). Section 4.. That one such area is 126.226 acres in size, approximately 77 acres of which is currently located within the boundaries of the Downtown District, which area is subject to a de-annexation, and is commonly referred to as the Northern Gateway District Study Area, as more fully described in the Report. The area studied consists of both properties located within the City limits as well as within the area of City impact, in unincorporated Ada County, however, the parcel within unincorporated Ada County is anticipated to proceed shortly through the formal annexation process of the City. Section 5. That the rehabilitation, conservation, and redevelopment, or a combination thereof, of such area is necessary in the interest of the public health, safety, and welfare of the residents of the City. Section 6. That the Chair or Vice-Chair of the MDC Board of Commissioners, or the Administrator, are hereby authorized to transmit the Report to the Meridian City Council requesting that the City Council: a. Determine whether the Study Area identified in the Report qualifies as an urban renewal project and there is justification for designating the area, as appropriate, for an urban renewal project; b. If such designation is made, whether MDC should proceed with the preparation of an urban renewal plan for the area, which plan may include a revenue allocation provision as allowed by law; C. Coordinate with MDC to obtain the required agricultural consent from the property owner. Section 7. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION NO. 21-026- 5 Page 478 Item#23. PASSED AND ADOPTED by the Urban Renewal Agency of the City of Meridian, Idaho, also known as the Meridian Development Corporation, on June 9, 2021. Signed by the Chair of the Board of Commissioners and attested by the Secretary to the Board of Commissioners, on June 9, 2021. APPROVED: By- Chair of the Board ATTEST: i ecretary RESOLUTION NO. 21-026 - 6 Page 479 Item#24. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 21-2274:A Resolution of the Mayor and the City Council of the City of Meridian, Idaho, Accepting that Certain Report on Eligibility for the Idaho Block Annexation Area as an Urban Renewal Area and Revenue Allocation Area and Justification for Designating the Area as Appropriate for an Urban Renewal Project; Determining that the Area Identified in the Report as the Proposed Amendment Area Adjacent and Contiguous to the Existing Union District Revenue Allocation Area Within the City of Meridian,to be a Deteriorated Area or a Deteriorating Area, or a Combination Thereof, as Defined by Idaho Code Sections 50-2018(9) and 50-2903(8); Directing the Urban Renewal Agency of the City of Meridian, Idaho, also Known as the Meridian Development Corporation,to Commence the Preparation of an Urban Renewal Plan Amendment, which Plan Amendment May Include Revenue Allocation Provisions For All or Part of the Area; and Providing an Effective Date Page 480 Item#24. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Cameron Arial, Community Development Meeting Date: July 6, 2021 Presenter: Cameron Arial Estimated Time: 15 minutes Topic: Resolution No. 21-2274: A Resolution of the Mayor and the City Council of the City of Meridian, Idaho,Accepting that Certain Report on Eligibility for the Idaho Block Annexation Area as an Urban Renewal Area and Revenue Allocation Area and Justification for Designating the Area as Appropriate for an Urban Renewal Project; Determining that the Area Identified in the Report as the Proposed Amendment Area Adjacent and Contiguous to the Existing Union District Revenue Allocation Area Within the City of Meridian,to be a Deteriorated Area or a Deteriorating Area, or a Combination Thereof, as Defined by Idaho Code Sections 50-2018(9) and 50- 2903(8); Directing the Urban Renewal Agency of the City of Meridian, Idaho, also Known as the Meridian Development Corporation, to Commence the Preparation of an Urban Renewal Plan Amendment, which Plan Amendment May Include Revenue Allocation Provisions For All or Part of the Area; and Providing an Effective Date Background While downtown Meridian is beginning to experience renewed interest, the challenges in revitalizing aging downtown properties are still apparent. New private investment in the original downtown Meridian Revitalization District ("original District") has been hampered by the 2008- 2009 recession and, more recently, by uncertainties surrounding COVID-related changes in the commercial real estate market and rising development costs. Meridian Development Corporation ("MDC") has been engaged in urban renewal efforts in the original District since its adoption in late 2002. The original District will sunset in 2026. With limited time to utilize the urban renewal tools available to assist in funding public infrastructure improvements, many properties are likely to remain underutilized without intervention. It is difficult for property owners to justify redevelopment of the small, infill sites that make up the majority of the original District and fund the required public infrastructure improvements that condition development. Based on inquires and interest in the Idaho Block Study Area ("Study Area"), pictured below, MDC retained Kushlan I Associates to prepare an Eligibility Report to assess the viability of the Study Area as an urban renewal project and evaluate its concurrence with Idaho Code requirements. The Eligibility Report (Exhibit A of the proposed resolution) cites the conditions necessary as well as the financial findings required. The Study Area is proposed to be annexed into the adjacent Union District, created in 2020. Page 481 Item#24. Idaho Block Study Area -jell; Legend y , c ti ` a Parcels 0' e ! � A111 i;ll Urban Iaha — Renewal#1 t = c y Ph % UN x '4 t — Broadway distroct } Le F � rim I Current market rents cannot support development costs or produce the returns necessary to secure private equity investment or traditional bank financing for redevelopment of the small parcels in the Study Area. The assemblage of parcels can spread soft development costs over a larger area and when coupled with MDC's ability to fund public infrastructure improvements required of new development, can spur development interest. MDC accepted the Idaho Block Study Area Eligibility Report and, through MDC Resolution 21-027 adopted on June 9, 2021 (Exhibit B of the proposed resolution), authorized its transmittal to the City Council for consideration and, if accepted as appropriate for an urban renewal project, subsequent direction for MDC to proceed with preparation of an amended urban renewal plan providing for the annexation of the Study Area into the Union District. 2 Page 482 Item#24. Annexation of the Idaho Block Study Area's 11 parcels will add 1.461 acres to the existing 16-acre Union District. Idaho Code allows for a one-time amendment to extend the boundary of an existing revenue allocation area if the new area is contiguous and not more than ten percent of the existing area. A study area is required to meet at least one of ten conditions specified in Idaho Code Sections 50- 2018(9) and 50-2903(8) to qualify for urban renewal activities. The Eligibility Report finds that the Study Area meets four of the ten criteria (Eligibility Report, page 13). Approval of this resolution provides for: • Acceptance of the Idaho Block Study Area Eligibility Report, • Determination that the Study Area is contiguous to the existing Union District and, as specified in the Eligibility Report, meets the findings and characteristics stipulated in Idaho Code to establish an urban renewal plan amendment, and • Directs MDC to prepare a First Amendment to the Union District Urban Renewal Plan to annex the Study Area into the Union District. Future Actions The public hearing and second reading of the ordinance to adopt the Second Amendment to the Meridian Revitalization Urban Renewal District providing for the deannexation of the Idaho Block Study Area from the original District also appear on this evening's agenda for Council consideration. Following Council acceptance of the Eligibility Report and direction for MDC to begin preparation of an amendment, staff and consultants will prepare a plan amendment specific to the annexation of the Study Area into the Union District. City and MDC staff will inform and engage property owners. In addition, Planning and Zoning Commission must review the proposed plan to validate its conformity with the City Comprehensive Plan. The First Amendment to the Union District Urban Renewal Plan will then be brought to the City Council for consideration and final adoption following three ordinance readings and a public hearing. It is anticipated that these final actions will occur mid-November through early December 2021. 3 Page 483 Item#24. CITY OF MERIDIAN RESOLUTION NO. 21-2274 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, ACCEPTING THAT CERTAIN REPORT ON ELIGIBILITY FOR THE IDAHO BLOCK ANNEXATION AREA AS AN URBAN RENEWAL AREA AND REVENUE ALLOCATION AREA AND JUSTIFICATION FOR DESIGNATING THE AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; DETERMINING THAT THE AREA IDENTIFIED IN THE REPORT AS THE PROPOSED AMENDMENT AREA ADJACENT AND CONTIGUOUS TO THE EXISTING UNION DISTRICT REVENUE ALLOCATION AREA WITHIN THE CITY OF MERIDIAN, TO BE A DETERIORATED AREA OR A DETERIORATING AREA, OR A COMBINATION THEREOF, AS DEFINED BY IDAHO CODE SECTIONS 50-2018(9) AND 50-2903(8); DIRECTING THE URBAN RENEWAL AGENCY OF THE CITY OF MERIDIAN, IDAHO, ALSO KNOWN AS THE MERIDIAN DEVELOPMENT CORPORATION, TO COMMENCE THE PREPARATION OF AN URBAN RENEWAL PLAN AMENDMENT, WHICH PLAN AMENDMENT MAY INCLUDE REVENUE ALLOCATION PROVISIONS FOR ALL OR PART OF THE AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council (the "City Council") of the City of Meridian, Idaho (the "City"), found that deteriorating areas exist in the City, therefore, for the purposes of the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended(the "Law"), created an urban renewal agency pursuant to the Law, authorizing the agency to transact business and exercise the powers granted by the Law and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act") upon making the findings of necessity required for creating the Urban Renewal Agency of the city of Meridian, Idaho, also known as the Meridian Development Corporation ("MDC"); WHEREAS, the Mayor has duly appointed the Board of Commissioners of MDC (the "MDC Board"), which appointment was confirmed by the City Council; 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, making certain findings RESOLUTION NO. 21-2274 - 1 Page 484 Item#24. and establishing the Downtown District revenue allocation area (the "Downtown District Project Area"); WHEREAS, 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 hearings, the City Council adopted its Ordinance No. 16-1695 on June 21, 2016, approving the Ten Mile Plan, making certain findings and establishing the Ten Mile revenue allocation area(the "Ten Mile 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. 20-1881 on June 9, 2020, approving the First Amendment to the Downtown District Plan deannexing certain parcels and making certain findings (collectively, the Downtown District Plan, and amendments thereto, are referred to as the "Existing Downtown District Plan," and the Downtown District Project Area, and amendments thereto, are referred to as the "Existing Downtown District Project Area"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan for the Union District Urban Renewal Project (the "Union District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 20-1882 on June 9, 2020, approving the Union District Plan, making certain findings and establishing the Union District revenue allocation area(the "Union District Project Area"); WHEREAS, the Existing Downtown District Plan, the Ten Mile Plan, and the Union District Plan and their project areas are collectively referred to as the "Existing Project Areas;" WHEREAS, based on inquiries and information presented by certain interested parties and property owners, MDC commenced certain discussions concerning examination of an additional area as appropriate for an urban renewal project; WHEREAS, in 2021, Kushlan I Associates commenced an eligibility study and preparation of an eligibility report for an area 1.461 acres in size, which is currently located within the boundaries of the Existing Downtown District Project Area, which area is subject to a deannexation from the Existing Downtown Project Area. The area is located generally in the central part of the City on the block bounded by Main Street on the west, Idaho Avenue on the north, NE 2nd Street on the east, and Broadway Avenue on the south. The area is adjacent and contiguous to the Union District Project Area. The eligibility study area is commonly referred to as the Idaho Block Annexation Study Area(the "Study Area"); WHEREAS, MDC obtained an eligibility report entitled Idaho Block Annexation to Union District (Proposed) Eligibility Report, dated June 2021 (the "Report"), which examined RESOLUTION NO. 21-2274 - 2 Page 485 Item#24. the Study Area, for the purpose of determining whether such area is a deteriorating area, a deteriorated area, or a combination of both a deteriorating area and a deteriorated area, as those terms are defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8); WHEREAS, the Report, a copy of which is attached hereto as Exhibit A, found the existence of one or more of the statutory criteria for the Study Area to be considered eligible for urban renewal activities; WHEREAS, pursuant to Idaho Code Sections 50-2018(8), (9) and 50-2903(8), which define the qualifying conditions of a deteriorating area and a deteriorated area, several of the conditions necessary to be present in such an area are found in the Study Area, i.e., a. age or obsolescence; b. faulty lot layout in relation to size, adequacy, accessibility, or usefulness; obsolete platting; C. diversity of ownership; and d. results in economic underdevelopment of the area; WHEREAS, the effects of the listed conditions cited in the Report result in economic underdevelopment of the area, 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 Report finds there is no open land within the Study Area as contemplated in Idaho Code Sections 50-2018(9), 50-2903(8)(c), and 50-2008(d), and there are not any agricultural operation parcels subject to property owner consent pursuant to Idaho Code Sections 50-2903(8)(f) and 50-2018(8) and (9); WHEREAS, MDC, on June 9, 2021, adopted Resolution No. 21-027 (a copy of which is attached hereto as Exhibit B and incorporated herein by this reference, without attachments thereto) accepted the Report and authorized the Chair, Vice-Chair, or Administrator of MDC 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 Study Area, which plan may include a revenue allocation provision as allowed by law; WHEREAS, the Report includes a preliminary analysis concluding the base assessment roll value for the Study Area along with the base assessment rolls for the Existing Project Areas and any proposed revenue allocation areas, do not exceed 10% of the current assessed valuation of all taxable property within the City; WHEREAS, the Report includes a preliminary analysis concluding the Study Area does not exceed 10% of the geographical area contained within the existing Union District Revenue Allocation Area, and the Study Area is contiguous to the Union District Project Area; WHEREAS, pursuant to Idaho Code Section 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 a deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; RESOLUTION NO. 21-2274 - 3 Page 486 Item#24. WHEREAS, Idaho Code Section 50-2906 also requires that in order to adopt an urban renewal plan (or plan amendment) containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan (or plan amendment) is a deteriorated area, a deteriorating area, or a combination thereof; and WHEREAS, it is desirable and in the best public interest that MDC prepare an urban renewal plan amendment for the area identified as the Idaho Block Annexation Study Area in the Report located in the city of Meridian, county of Ada, state of Idaho. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, AS FOLLOWS: Section 1. That the City Council acknowledges acceptance and receipt of the Report. Section 2. That the City Council finds and declares that the Idaho Block Annexation Study Area identified in the Report, attached hereto as Exhibit A, is a deteriorated area, a deteriorating area, or a combination thereof, existing in the City, as defined in Title 50, Chapters 20 and 29, Idaho Code, as amended, and qualifies as an urban renewal project and justification exists for designating the area as appropriate for an urban renewal project. Section 3. That the City Council finds and declares there is a need for MDC, an urban renewal agency, to function in accordance with the provisions of Title 50, Chapters 20 and 29, Idaho Code, as amended, within a designated area for the purpose of establishing an urban renewal plan amendment. Section 4. That having made such designation, the City Council hereby directs MDC to commence preparation of an urban renewal plan amendment to annex the Study Area into the existing Union District Project Area for consideration by the MDC Board and, if acceptable, final consideration by the City Council in compliance with Title 50, Chapters 20 and 29, Idaho Code, as amended. Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED By the Council of the City of Meridian, Idaho, this 6th day of July 2021. APPROVED By the Mayor of the City of Meridian, Idaho, this 6th day of July 2021. APPROVED: MAYOR Robert E. Simison ATTEST: CITY CLERK Chris Johnson RESOLUTION NO. 21-2274 -4 Page 487 Item#24. Exhibit A Idaho Block Annexation to Union District (Proposed) Eligibility Report Prepared for The Meridian Development Corporation June 2021 planning and managemenl services Kushlan I Associates Boise, Idaho Page 488 Item#24. Introduction: Kushlan I Associates was retained by the Urban Renewal Agency of the City of Meridian, Idaho, also known as the Meridian Development Corporation (the "MDC") to assist in their consideration of annexing a portion of the existing Downtown District to the Union Urban Renewal District'in the City of Meridian, Idaho. Elected Officials serving the City of Meridian are: Mayor: Robert Simison Council President: Treg Bernt Council Vice President: Brad Hoaglun Council Members: Joe Borton Luke Cavener Liz Strader Jessica Perreault City Staff Community Development Director: Cameron Arial Idaho Code § 50-2006 states: "URBAN RENEWAL AGENCY. (a)There is hereby created in each municipality an independent public body corporate and politic to be known as the "urban renewal agency" that was created by resolution as provided in section 50-2005, Idaho Code, before July 1, 2011, for the municipality..." to carry out the powers enumerated in the statutes.The Meridian City Council adopted Resolution 01-397 on July 24, 2001 bringing forth those powers within the City of Meridian. The Mayor,with the confirmation of the City Council,has appointed nine members to the MDC Board of Commissioners(the"MDC Board").The MDC Board currently oversees the implementation of three urban renewal districts.Two are focused on the revitalization of downtown Meridian. The first, the Meridian Revitalization Plan Urban Renewal Project (the "Downtown District") was established by the City Council's adoption of Ordinance No. 02-987 on December 3, 2002. The second district, the Urban Renewal Plan for the Union District Urban Renewal Project (the "Union District") was established with the adoption of Ordinance No. 20-1882 on June 9, 2020. Both the Downtown District and the Union District are focused on redevelopment activities in and around the City's downtown core.The third district,the Urban Renewal Plan for the Ten Mile Road-A Urban Renewal Project (the "Ten Mile District") was established by Ordinance No. 16-1695 adopted on June 21, 2016, and is focused on economic development outside of the City's core to support implementation of the Ten Mile Interchange Specific Area Plan. The current membership of the Commission is as follows: Chair: David Winder Vice Chairman Nathan Mueller Secretary/Treasurer Steve Vlassek Commissioners Dan Basalone Rob McCarvel Treg Bernt Tammy deWeerd Diane Bevan Kit Fitzgerald ' Throughout this Study,urban renewal/revenue allocation area will be referred to as an"urban renewal district." 11Page Page 489 Item#24. Staff: Urban Renewal Administrator: Ashley Squyres Legal Counsel: Todd Lakey Map of the Downtown District (excluding shaded area) W CHERRY LN E FAIRVIEW AVE UNE EE4RING DISTANCE ` Ll N OO°33'I]"E 639.69, Q A L2 5 M-42'24"E 380.0Y z D L3 N OC'33'I5"E 336.2,r L4 5 88°3879"E 46442' o L5 501 r5f W 976,24' L6 fW 86130'19"W 831.N' m m m m Q Q 2 2 W ME AYE E PINE AVti L4 W IDAHO AVE 4V BROADWAY AVE L2 C `mm- RAIL ROAD VV FRANKLIN RID E1116cL-W 12 � E FRRNKL[N R❑ ly 1328.12' I J r v) m Q z � �0 5 �rn 11574 OF INTERSTATE 84 2 Page Page 490 Item#24. Map of Union District UNION OISMIC7 CITY OF MERIDIAN,ADA COUNTY,IDAHO I I-PINE AVE 7 a m m m_ 3 2 D ❑ O P z S w v m A ❑ °38' E 4b4.8 E IDAHO AVE IR 5 24'E M6. 9- �a E 6ROADWAY AVE ... ...... o z ' :;rozcwrlrsTzrlcT :::� L f 2 ...... V"::C`N HAI;F?r RA I._ROAD ............. f fY BB°3R'14"5V 831.Q5' f AM +>w X � 1�574 g — ►�+f _�a E FRAhIKLIN RD pFgyy aan x�r; OWNEWaIFIVELOPM DOG I 2A90 aWA5!-QHG'fON AVE IJNION DISTRICt EIIIWETT,m83617 i�oa,a-ex ANNEXATION EXHIBIT aiuTrwax p 20gQ& M-6104 � MERlb 2{7�.$1 i,w,ko. " F: 2 398-BMOS SEC, 7. T3N. RIE. B.M. 12D0,5 ADA COUNTY. IDAHO snoso Lsrd�a�l�yirq,LtG WWW.SRW7dOTN!_S.CibM +oI=1 3 Page Page 491 Item#24. Map of Ten Mile Road District � � t Franklin ram•— I Crest Wood N Seenhead I(irrva c n H Pintail 6 Bayeux, �cfi ion Gander Waltman Brown o Trout a m Eider � C &6 7 J J J Verbena JW ksnipe �Inte statOW Legend ;Tasa `— Ten W.Sma ft Area Plan N Silver Terraoe D ' �. �� Revenue AlbcafWArea �,S Dutch N Farm °Y Thorn overland o sw t aw Background: While Native Americans inhabited the area for centuries, the development of the community of Meridian,as we know it today,evolved through the late nineteenth century. European settlement started in the 188os and was originally located on a farm owned by the Onweiler family. A school was opened in 1885. The U.S. Postal Service established a mail drop along the Oregon Short Line Railroad and the site was named Hunter after its superintendent. Community activity grew around this mail stop focused on the railroad. In 1893 an Odd Fellows lodge was organized and called itself Meridian, acknowledging that it was located on the Boise Meridian the primary North-South survey benchmark for Idaho. That name grew in primary use as the name of the settlement and the Village of Meridian was incorporated in 1903 with a population of approximately 200. The economy had traditionally been focused on the support of the surrounding agricultural activities. A major creamery was established in the community in 1897 to support the nearby dairies. Fruit orchards were located throughout the area. Meridian was a significant stop on the Interurban electric railway from 1908 to 1928.This service provided convenient access for passengers and freight in both easterly and westerly directions. Throughout most of the loth century, Meridian remained a relatively quiet community focused on its agricultural roots.US Census Bureau data,reflects a igio population of 619 people growing to 2,616 by 1970. However, starting in 1970 the pace of growth in Southwest Idaho quickened and Meridian's growth initially reflected, and then exceeded the regional rates by significant margins.Over the past twenty-five years the rate of growth 4 1 P a g e Page 492 Item#24. has been startling by any reasonable standard.The following table reflects that population growth over the city's history. 1903 (Incorporation Estimate) 200 1910 619 1920 1,013 1930 1,004 1940 1,465 1950 1,500 196o 2,100 1970 2,600 198o 6,658 1990 9,596 2000 34,919 2010 75,092 2020 114,200 2021 (Estimate) 129,555 When income statistics are compared to statewide numbers, the population of Meridian compares favorably with the rest of Idaho in these categories. The median household income in Meridian is $71,389, approximately 28%above the statewide figure of$55,785• Per capita money income for the Meridian population is $33,328 as compared to the statewide number of$27,970. The percentage of the Meridian population below poverty level is 8.6% as compared to the statewide number of 11.2%. Investment Capacity: Cities across the nation actively participate in the economic vitality of their communities through investment in infrastructure. Water and sewer facilities as well as transportation, communication, electrical distribution and other systems are all integral elements of an economically viable community. Idaho cities have a significant challenge in responding to these demands along with the on-going need to reinvest in their general physical plant to ensure it does not deteriorate to the point of system failure. They face stringent statutory and constitutional limitations on revenue generation and debt as well as near total dependence upon state legislative action to provide funding options.These strictures severely constrain capital investment strategies. The tools made available to cities in Title 50,Chapters 20 and 29,the Urban Renewal Law and the Local Economic Development Act are some of the few that are available to assist communities in their efforts to support economic vitality. New sources of State support are unlikely to become available in the foreseeable future, thus the City of Meridian's interest in exploring the potential for modifying the Union Urban Renewal District is an appropriate public policy consideration. The City of Meridian initially established its Urban Renewal Agency in 2001. As noted above, the Downtown District's exclusive focus, limited by the boundaries of the district, is on the traditional downtown area of Meridian.The Ten Mile District was created in 2016 and was designed to support the implementation of the Ten Mile Interchange Specific Area Plan.A third urban renewal district,the Union District,was created in 2020 from an area 5 1 P a g e Page 493 Item#24. de-annexed from the original Downtown District to support a significant mixed use- project. The proposed Northern Gateway Urban Renewal District would, if approved by the MDC Board of Commissioners and Meridian City Council, would remove 145 parcels from the existing Downtown District and combine those with other properties and rights-of-way north of Fairview Avenue and southeast of Fairview Avenue to establish a new district. The Union District annexation of the block located in downtown Meridian, bounded by Main Street, Idaho Avenue, NE end Street and Broadway Avenue is designated for this study as the Idaho Block. The Idaho Block is currently located within the boundaries of the Downtown District2 but is being considered for de-annexation to allow for inclusion into the adjacent Union District. Comprehensive Plan: The City of Meridian Comprehensive Plan, updated in 2oig designates the area under review as Old Town. ] « W- e I - r rya p,r 2 The Second Amendment to the Meridian Revitalization Plan seeking to deannex certain parcels from the existing Downtown District,including what is referred to as the Idaho Block parcels that are contemplated to be considered for annexation into the existing Union District Project Area pursuant to Idaho Code Section 50-2033,has been approved by the MDC Board and submitted to the City for its consideration. 6 1 P a g e Page 494 Item#24. The Meridian Comprehensive Plan details the anticipated land uses in the various designations throughout the city.Those uses for the Old Town Area are articulated below. Old Town Land Uses 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 Steps in Consideration of an Amendment to an Urban Renewal District: The first step in consideration of amending an urban renewal district to add area in Idaho is to define a potential area for analysis as to whether conditions exist within it to qualify for redevelopment activities under the statute. We have called this the"Study Area." The next step in the process is to review the conditions within the Study Area to determine whether the area is eligible for annexation into an existing district. The State Law governing urban renewal sets out the following criteria, at least one of which must be found,for an area to be considered eligible for urban renewal activities: 1. The Presence of a Substantial Number of Deteriorated or Deteriorating Structures and Deterioration of Site or Other Improvements [50-2018(9) and 50-2903(8)(b); 50-2903(8)(c)] 2. Age or Obsolescence 150-2018(8) and 50-2903(8)(a)] 3. Predominance of Defective or Inadequate Street Layout 150-2018(9) and 50-2903(8)(b)] 71 Page 495 Item#24. 4. Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness; Obsolete Platting 150-2018(9) and 50-2903(8)(b); 50- 2903(8)(c)] 5. Insanitary or Unsafe Conditions L50-2oi8(9) and 50-2903(8)(b)] 6. Diversity of Ownership 150-2oi8(9) and 50-2903(8)(b); 50-2903(8)(c)] 7. Tax or Special Assessment Delinquency 150-2018(9) and 50-2903(8)(b)] 8. Defective or Unusual Conditions of Title L50-2oi8(9) and 50-2903(8)(b)] 9. Results in Economic Underdevelopment of the Area 150-2903(8)(b); 50- 2903(8)(c)] 10. Substantially Impairs or Arrests the Sound Growth of a Municipality 150- 2018(9) and 50-2903(8)(b); 50-2903(8)(c)] If the Eligibility Report finds that one or more of the conditions noted above exists within the Study Area,then the Agency may accept the findings and forward the Eligibility Report to the City Council for their consideration. If the City Council concurs with the determination of the Agency, they may direct that an Amendment to the Urban Renewal Plan be developed for the area that addresses the issues raised in the Eligibility Report. The Agency then acts to prepare the Amendment to the Urban Renewal Plan annexing the area into the existing District and establishing a Revenue Allocation Area for the expansion area to fund improvements called for in the Plan Amendment. Once the Plan Amendment for the District and Revenue Allocation Area are completed,the Agency Board forwards it to the City Council for their consideration. The City Council must refer the Amendment to the Urban Renewal Plan to the Planning and Zoning Commission to determine whether the Plan Amendment, as presented, is consistent with the City's Comprehensive Plan and make a corresponding finding.At the same time, other taxing entities levying property taxes within the boundaries of the proposed Urban Renewal District are provided a thirty-day opportunity to comment on the Plan Amendment to the City Council.While the taxing entities are invited to comment on the Plan Amendment,their concurrence is not required for the City Council to proceed with formal consideration. Based on legislative changes to Idaho Code § 50-2908(2)(a), effective July 1, 2020, the Ada County Highway District (ACHD) is allocated all of the taxes levied by ACHD within a revenue allocation area first formed or expanded to include property on or after July 1, 2020(including taxes levied on the base and increment values),which would apply to this proposed district, if formed. However,ACHD and MDC may enter into an agreement for a different allocation, which agreement shall be submitted to the State Tax Commission and to the Ada County Clerk by ACHD as soon as practicable after the parties have entered in the agreement and by no later than September 1 of the year in which the agreement takes effect. In the case of the Union District Annexation Study Area, the affected taxing districts are: 8 1 P a g e Page 496 Item#24. • The City of Meridian • The West Ada School District(School District No. 2) • Ada County • Emergency Medical District/Ada County Ambulance • Mosquito Abatement District • The Ada County Highway District • Meridian Library District • Meridian Cemetery District • Western Ada Recreation District • College of Western Idaho Once the Planning and Zoning Commission makes their finding of conformity and the thirty-day comment period has passed, the City Council is permitted to hold a public hearing and formally consider the adoption of the Plan Amendment annexing the expansion area into the existing Urban Renewal District and Revenue Allocation Area. The City Council must also find that the taxable value of the district to be created plus the Base Assessed Value of any existing Urban Renewal / Revenue Allocation Area does not exceed the statutory maximum of io%of the citywide assessed valuation. If the City Council, in their discretion chooses to proceed, they will officially adopt the Amendment to the Urban Renewal Plan and Revenue Allocation Area and provide official notification of that action to the affected taxing districts,County Assessor and Idaho State Tax Commission. The Agency then proceeds to implement the Plan Amendment. Description of the Union District Annexation Study Area: The Study Area subject to the current review is generally located in the central part of Meridian on the block bounded by Main Street on the west, Idaho Avenue on the north, NE end Street on the east and Broadway Avenue on the south.It contains 1.165 parcel acres (1.461 acres including to the centerline of Idaho Avenue) or 45,867.48square feet divided into eleven separate lots. Three lots3 are vacant with the remaining lots containing structures built during the early part of the 20g'Century. The size and value information presented below was derived from the Ada County Assessor's on-line parcel information system4. s While R5672000631 and R5672000632 are also vacant,combined these vacant lots represent.005 acres. 4 For purposes of this Study,the 2020 taxable values were reviewed as at the time of this review the 2021 value information was not available.Use of the 2020 values provides a more conservative analysis as it is generally understood significant value increases will occur in 2021.Further,based on the adoption of H389,effective retroactive to January 1,2021,the Homeowner Property Tax Exemption will increase to a maximum of$125,000.This is anticipated to further reduce the base.Again,as the 2021 tax assessments were not yet available at the time this Study was prepared,the 2020 data has been used.The 10%analysis set forth below will ultimately be revisited in any further amendment to the urban renewal plan. 9 1 P a g e Page 497 Item#24. Idaho Block Parcel Data Table 1 Tax Parcel Site Address Lot Size Assessed Assessed Total Year Sq.Ft. Value Land Value Assessed Constructed Improvements Value R567200068o 105 E Idaho Ave 6,o98 $85,400 $535,100 $620,500 1935 R567200069 72o N Main St 2,178 $28,300 $369,1oo $397,400 1937 R5672000651 113 E Idaho Ave 14,8io $162,900 $927,200 $1,090,100 1947 R5672000642 127 E Idaho Ave 5,314 $74,400 $428,000 $502,400 1905 R5672000636 139 E Idaho Ave 2,875 $37,400 $203,600 $241,000 1915 R5672000630 725 NE end St 3,485 $45,300 $38o,9oo $426,200 1945 R56720006io 13o E Broadway Ave 3,485 $41,800 $o $41,800 Vacant R5672000615 132 E Broadway Ave 4,356 $52,300 $o $52,300 Vacant R5672000625 io9 NE end St 3,049 $39,600 $o $39,600 Vacant R567200063i NE end St 87.12 $1,100 $o $1,100 Vacant R5672000632 NE end St I 13o.68 1 $1,700 1 $o 1 $1,700 1 Vacant 45,867.48 1 $570,200 1 $2,843,900 $3,414,100 Union Urban Renewal District Annexation 1-7 1 jL 1! r S F M The Study Area The Union District Annexation Study Area consists of eleven (n) tax parcels located in central Meridian on the block bounded by Main Street on the west, Idaho Avenue on the north,NE end Street on the east and Broadway Avenue on the south.The properties within the Study Area carry zoning designations consistent with its historic usage.Old Town(OT) zoning designations are in place on all eleven parcels.Ada County Assessor records show that none of the properties reflect a Homeowners Property Tax Exemption indicating there are no owner-occupied residences. The rights-of way for the afore-mentioned streets are excluded from the de-annexation with the exception of the south half of Idaho Avenue between Main Street and NE end Street. The Study Area is one of the older developed areas in the community. As noted above, Meridian was established in the 188os and eventually incorporated as a Village under Idaho law in 1903.All of the structures date from the period from 1905 to 1947• 101Page Page 498 Item#24. When the improvement value assigned to a parcel is less than or approaches the land value, a deteriorated or deteriorating condition is present.National real estate appraisal standards suggest that in an economically viable property,land value should contribute approximately 30% of the total value leaving 70%to the improvements.As that ratio shifts,with improvement value declining as a proportion of the total, a condition of disinvestment is determined to be present.At a point when the improvement value represents less than 50%of the total(i.e.,improvement value is less than land value) such condition represents a "deteriorated condition" for the purposes of this analysis. With these benchmarks in mind,we find that none of the properties reflect improvement values less than land values. Three properties constituting 0.25 acres (io,890 Sq. Ft.) are currently vacant as the historic structures formerly located thereon having been razed. Streets: Only the south half of Idaho Avenue between Main Street and NE end Street would be included within the boundaries of the annexation. The other abutting streets and associated rights-of-way will remain either in the Downtown District(North half of Idaho Avenue and Main Street) or are already included in the Union District(NE end Street and Broadway Avenue). The portion of Idaho Avenue that is to be included in the annexation has been improved to urban standards. An alley bisects the block in an East-West orientation and the pavement reflects a deteriorated condition. Illumination: Street lighting,to City standards,has been provided along Idaho Avenue. Sidewalks: Pedestrian facilities on Idaho Avenue within the Study Area are in place and are in good condition. Storm Drainage: Street drainage is accommodated by a curb along the south side of Idaho Avenue carrying storm water to a catch basin located at the intersection of Idaho Avenue and Main Street. Water System: The Study Area is served by facilities located within those rights-of-way that will remain in the Downtown District.The facilities located within the right-of-way of Idaho Avenue appear sufficient to handle anticipated demands. Sewage Collection System: No deficiencies in this area were noted. Analysis of the Study Area: A review of the Study Area reflects an area in transition. The Union Urban Renewal District, created in 2020, is anticipated to accommodate a significant mixed-use commercial and residential development.New high-density housing is being constructed directly across Main Street. However,the Study Area retains its historic form of small lots and older buildings. For the convenience of the reader,the statutory criteria are reiterated,at least one of which must be found to qualify an area for urban renewal activities.Those conditions are: 1. The Presence of a Substantial Number of Deteriorated or Deteriorating Structures and Deterioration of Site or Other Improvements 150-2018(9) and 50-2903(8)(b); 50-2903(8)(c)] 111Page Page 499 Item#24. 2. Age or Obsolescence 150-2018(8) and 50-2903(8)(a)] 3. Predominance of Defective or Inadequate Street Layout 150-2018(9) and 50-2903(8)(b)] 4. Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness; Obsolete Platting 150-2018(9) and 50-2903(8)(b); 50- 2903(8)(c)] 5. Insanitary or Unsafe Conditions 150-2018(9) and 50-2903(8)(b)] 6. Diversity of Ownership 150-2018(9) and 50-2903(8)(b); 50-2903(8)(c)] 7. Tax or Special Assessment Delinquency 150-2018(9) and 50-2903(8)(b)] 8. Defective or Unusual Conditions of Title 150-2018(9) and 50-2903(8)(b)] 9. Results in Economic Underdevelopment of the Area 150-2903(8)(b); 50- 2903(8)(c)] 10. Substantially Impairs or Arrests the Sound Growth of a Municipality 150- 2018(9) and 50-2903(8)(b); 50-2903(8)(c)] Analysis: Union District Annexation of the Idaho Block Criterion #1: The Presence of a Substantial Number of Deteriorated or Deteriorating Structures;and Deterioration of Site:While all of the buildings within the Study Area are between 74 and 116 years old,they have been maintained and their assessed values do not reflect a deteriorated condition as described above.Therefore, criterion #1 is not met. Criterion #2:Age or Obsolescence:All of the structures within the Study Area date from the first half of the loth Century. The area around the Study Area is quickly transitioning into a modern commercial center.The configuration of the block into a series of small lots does not accommodate modern commercial floorplates making redevelopment economically infeasible. Three lots at the southeast corner of the Study Area have been cleared of their former structures and remain vacant.Therefore, criterion #2 is met. Criterion#3:Predominance of Defective or Inadequate Street Layout:The area is served by the existing urban street grid and,with the exception of the south half of Idaho Avenue, will remain outside the annexation area.Therefore, criterion #3 is not met. Criterion #4: Faulty Lot Layout in Relation to Size, Adequacy, Accessibility or Usefulness; Obsolete Platting:The eleven(11)parcels within the Study Area range in size from 2,178 square feet5 up to 14,810 square feet with the majority of the lots containing under 5,000 square feet. Modern commercial structures call for larger lot sizes to accommodate economical development.Therefore, criterion #4 is met. 5 Note the two sliver parcels R5672000631 and R5672000632 combined represent.005 acres,87.12 and 130.68,respectively,but are negligible to the analysis. 121Page Page 500 Item#24. Criterion #5:Insanitary or Unsafe Conditions:While the structures are old as compared to those in the broader community,there is no indication that any of them are in an unsafe condition. Community infrastructure providing services to the Study Area is either adequate or being upgraded with surrounding redevelopment activities. Therefore, criterion #5 is not met. Criterion #6: Diversity of Ownership: The ownership of the eleven lots located on 1.165 acres in the Study Area is in the hands of five (5) entities making a coordinated redevelopment effort difficult to achieve.Therefore, criterion #6 is met. Criterion #7. Tax or Special Assessment Delinquency:According to Ada County Assessor records, no delinquencies exist.Therefore, criterion #7 is not met. Criterion #8: Defective or unusual condition of title: No defective or unusual conditions of title are reflected in Ada County records.Therefore, criterion #8 is not met. Criterion#9:Results in Economic Underdevelopment of the Area:Three lots containing 1o,890 square feet, approximately 31% of the Study Area are vacant, having had their obsolete structures razed. The remaining lots are of a relatively small size making them uneconomic for redevelopment consistent with the regenerative activities occurring around the Study Area.Therefore, criterion #9 is met. Criterion#1 o:Substantially Impairs orArrests the Sound Growth of a Municipality:The City of Meridian has expressed its vision for this area in the creation and adoption of the Comprehensive Plan, and significant redevelopment is occurring around the Study Area. However,the area represented is relatively small representing only 1.165 acres and eleven lots.Therefore criterion#10 is met. Findings: Union District Annexation: Conditions exist within the Study Area to allow the Board of Commissioners of the Meridian Development Corporation and the Meridian City Council to determine that the area is eligible for urban renewal activities as prescribed in State Law. Summary of Findings Criteria Met Not Met 1 The Presence of a Substantial Number of Deteriorated X or Deteriorating Structures; and Deterioration of Site 2 Age or Obsolescence X 3 Predominance of Defective or Inadequate Street X Layout 4 Faulty Lot Layout in Relation to Size,Adequacy, X Accessibility or Usefulness; Obsolete Platting 5 Insanitary or Unsafe Conditions X 6 Diversity of Ownership X 7 Tax or Special Assessment Delinquency X 8 Defective or unusual condition of title X 6 Note the two vacant sliver parcels R5672000631 and R5672000632 combined represent.005 acres, 87.12 and 130.68,respectively,but are negligible to the analysis. 131Page Page 501 Item#24. 9 Results in Economic Underdevelopment of the Area X 10 Substantially Impairs or Arrests the Sound Growth of X a Municipality Analysis: Open Land Conditions: In addition to the eligibility conditions identified above, the geographic area under review is also reviewed for compliance with the"open land"conditions. Idaho Code Section 50-2903(8)(c)states: "[a]ny 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." The eligibility criteria set forth in Idaho Code Section 50-2903(8)(c) for predominantly open land areas mirror or are the same as those criteria set forth in Idaho Code Sections 50-2oi8(9) and 50-2903(8)(b). "Diversity of ownership" is the same, while "obsolete platting" appears to be equivalent to "faulty lot layout in relation to size, adequacy, accessibility,or usefulness.""Deterioration of structures or improvements"is the same or similar to "a substantial number of deteriorated or deteriorating structures" and "deterioration of site or other improvements."There is also an additional qualification that the provisions of Idaho Code Section 50-2oo8(d)shall apply to open areas. Idaho Code Section 50-2008 primarily addresses the urban renewal plan approval process and Idaho Code Section 50-2oo8(d)(4) sets forth certain conditions and findings for agency acquisition of open land as follows: the urban renewal plan will 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: Provided, that 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 14 Page Page 502 Item#24. 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. In sum,there is one set of findings if the area of open land is to be acquired and developed for residential uses and a separate set of findings if the land is to be acquired and developed for nonresidential uses. Basically,open land areas may be acquired by an urban renewal agency and developed for nonresidential uses if such acquisition is necessary to solve various problems, associated with the land or the infrastructure, that have delayed the area's development. These problems include defective or usual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, and faulty lot layout. All of the stated conditions are included in one form or another in the definition of a deteriorated area and/or a deteriorating area set forth in Idaho Code Sections 50-2903(8)(b) and 50-2018(9). The conditions listed only in Section 50- 2oo8(d)(4)(2) (the open land section) include economic disuse, unsuitable topography, and"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." The conclusion of this discussion concerning open land areas is that the area qualifies if any of the eligibility conditions set forth in Idaho Code Sections 50-2018(9) and 50- 2903(8)(b) apply. Alternatively, the area under consideration qualifies if any of the conditions listed only in Idaho Code Section 50-2oo8(d)(4)(2) apply. Given the historic nature of the Study Area and that it has been developed for several decades,even though three of the lots are vacant,the area should not be considered"Open Land"under the statutory definition. Other Relevant Issues: Agricultural Landowners Concurrence: None of the properties located within the Study Area have been used for agricultural operations purposes during the past three years so property owner concurrence is not required. CONCLUSION: Based upon the data and the conditions that exist within the Study Area as noted above, the Meridian Development Corporation Board and Meridian City Council may determine that Union District Annexation Study Area is eligible for the annexation to the Union Urban Renewal District. to o Valuation Analysis: In addition to the findings reported above,verification that the assessed value of the proposed Study Area is within the statutory limits is needed. State Law limits the percentage of values on the combined base assessment rolls that can be included in urban renewal/revenue allocation districts to io%of the current assessed valuation of all taxable property within the City. According to Ada County Assessor 151Page Page 503 Item#24. records, the 20207 total certified value for the City of Meridian is $13,230,528,301 (does not include operating property). This number does not reflect exemptions. Therefore, taking a more conservative approach, the net taxable value for this calculation is used. That number is $10,375,837,8O4. As shown in the analysis in Table 1 the 2O20 taxable value of the entire Study Area is estimated to be $3,414,100. This value then must be added to the Base Assessed Values of the Downtown District$, the Ten Mile District and the Union District to test for the 10%limitation. Given that at this time the City and MDC are considering the potential creation of additional urban renewal districts (the Linder URD and the Northern Gateway URD), we added their assessed values to this analysis to provide decision makers with the scale of the various districts compared to the statutory limitation. The analysis for these purposes in presented in Tables 2 and 3, below. The combined base assessment roll values remain well below the statutory limit. Table 2 Statutory 10% Limitation Analysis Area Taxable Value Percentage Total City $10,375,837,804 100% Downtown URD Base Value $146,334,050 1.41% Ten Mile URD $ 39,539,125 0.38% Union URD $2,144,360 0.02% *Proposed Northern Gateway URD $68,832,974 0.66% *Proposed Linder URD $11,978,500 0.12% Proposed Union District Annexation(est.) $3,414,100 0.03 Total UR Base Assessed Value $272,2439109 2.62% Percentage *The MDC Board has considered and accepted the proposed Linder District Eligibility Study. The MDC Board is anticipated to consider the eligibility of the proposed Northern Gateway District in June. The effect of annexing the Idaho Block into the existing Union District on the capacity of the City and MDC to consider future districts should they choose to do so is also explored. The table below shows there is capacity to consider additional districts. Table 3 Remaining Urban Renewal Capacity Maximum 10% Limitation $1,O37,583,780 10% Downtown URD $146,334,050 1.41% Ten Mile URD $ 39,539,125 0.38% Union URD $2,144,360 0.02% Proposed Northern Gateway URD $68,832,947 0.66% Proposed Linder URD $11,996,035 0.12% At the time this Study was prepared the 2021 values were not available.It is generally understood the 2021 values will increase;therefore,using the 2020 assessed values may be more conservative than the current conditions. 8 For purposes of this Study and since the Second Amendment to the Meridian Revitalization Plan has not yet been adopted,the values of the certain geographic areas to be de-annexed from the Downtown District have not been adjusted downwards.This presents a more conservative scenario. 161Page Page 504 Item#24. Proposed Union District Annexation $3,414,100 0.03 (est.) Available AV within limitation $765,340,671 7.38 to% Geographic Analysis: In addition to the findings reported above, verification that the geographic area proposed to be annexed into the existing Union District is within the statutory limits is needed. State Law limits the number of acres that may be annexed into an existing district. Idaho Code Section 50-2033 states, in pertinent part: "...an urban renewal plan that includes a revenue allocation area may be extended only one(1)time to extend the boundary of the revenue allocation so long as the total area to be added is not greater than ten percent(10%) of the existing revenue allocation area and the area to be added is contiguous to the existing revenue allocation area but such contiguity cannot be established solely by a shoestring or strip of land which comprises a railroad or public right-of-way."The existing Union District is 15.86 acres; therefore,the Union District is permitted to be amended one(1)time to include up to 1.58 acres.The Idaho Block represents 1.461 acres,which is within the permitted annexation limitation. A plan amendment to increase the revenue allocation area boundary as permitted in Idaho Code Section 50-2033 is not a modification pursuant to Idaho Code Section 50- 2903A. Idaho Code Section 50-29O3A(1)(a)(ii). 4852-9840-1516,v.4 171Page Page 505 Item#24. Exhibit B MERIDIAN DEVELOPMENT CORPORATION THE URBAN RENEWAL AGENCY OF THE CITY OF MERIDIAN RESOLUTION NO. 21-027 BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, AIK/A THE MERIDIAN DEVELOPMENT CORPORATION: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, ALSO KNOWN AS THE MERIDIAN DEVELOPMENT CORPORATION, ACCEPTING THAT CERTAIN REPORT ON ELIGIBILITY FOR CERTAIN PROPERTY REFERRED TO AS THE IDAHO BLOCK ANNEXATION ADJACENT AND CONTIGUOUS TO THE EXISTING UNION DISTRICT REVENUE ALLOCATION AREA AS AN URBAN RENEWAL AREA AND REVENUE ALLOCATION AREA AND JUSTIFICATION FOR DESIGNATING THE AMENDMENT AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; TO MAKE ANY NECESSARY TECHNICAL CHANGES TO THE REPORT; AUTHORIZING AND DIRECTING THE CHAIR, VICE-CHAIR OR ADMINISTRATOR TO TRANSMIT THE REPORT AND THIS RESOLUTION TO THE CITY COUNCIL OF THE CITY OF MERIDIAN REQUESTING ITS CONSIDERATION FOR DESIGNATION OF AN URBAN RENEWAL AREA AND SEEKING FURTHER DIRECTION FROM THE COUNCIL; 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 pursuant to the Law; 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"); RESOLUTION NO. 21-027 - 1 Page 506 Item#24. WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 02-987 on December 3, 2002, approving the Downtown District Plan, making certain findings and establishing the Downtown District revenue allocation area (the "Downtown District Project Area"); WHEREAS, 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 hearings, the City Council adopted its Ordinance No. 16-1695 on June 21, 2016, approving the Ten Mile Plan, making certain findings and establishing the Ten Mile revenue allocation area (the "Ten Mile 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. 20-1881 on June 9, 2020, approving the First Amendment to the Downtown District Plan deannexing certain parcels and making certain findings (collectively, the Downtown District Plan, and amendments thereto, are referred to as the "Existing Downtown District Plan," and the Downtown District Project Area, and amendments thereto, are referred to as the "Existing Downtown District Project Area"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan for the Union District Urban Renewal Project (the "Union District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 20-1882 on June 9, 2020, approving the Union District Plan, making certain findings and establishing the Union District revenue allocation area (the "Union District Project Area"); WHEREAS, the Existing Downtown District Plan, the Ten Mile Plan, and the Union District Plan and their project areas are collectively referred to as the "Existing Project Areas;" WHEREAS, based on inquiries and information presented by certain interested parties and property owners, it has become apparent that additional property within the City, and adjacent and contiguous to the Union District Project Area, may be deteriorating or deteriorated and should be examined as to whether such an area is eligible for an urban renewal project; RESOLUTION NO. 21-027 - 2 Page 507 Item#24. WHEREAS, in 2021, Kushlan I Associates commenced an eligibility study and preparation of an eligibility report for an area 1.461 acres in size, which is currently located within the boundaries of the Existing Downtown Project Area, and which area is subject to a de-annexation from the Existing Downtown Project Area. The area is located generally in the central part of the City on the block bounded by Main Street on the west, Idaho Avenue on the north, NE 2nd Street on the east and Broadway Avenue on the south. The area is adjacent and contiguous to the Union District Project Area. The eligibility study area is commonly referred to as the Idaho Block Annexation (the "Study Area"); WHEREAS, MDC has obtained the Idaho Block Annexation to Union District (Proposed) Eligibility Report, dated June 2021 (the "Report"), a copy of which is attached hereto as Exhibit A, which examined the Study 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(8), (9)and 50-2903(8); WHEREAS, pursuant to Idaho Code Sections 50-2018(8), (9) and 50-2903(8), which lists the definition of deteriorating area and deteriorated area, many of the conditions necessary to be present in such an area are found in the Study 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 growth of a municipality, constitutes an economic or social liability, or is a menace to the public health, safety, morals, or welfare in its present condition or use; WHEREAS, the 2021 Study finds there is no open land within the Study Area as contemplated in Idaho Code Sections 50-2018(9), 50-2903(8)(c), and 50-2008(d); WHEREAS, under the Law and Act, Idaho Code Sections 50-2903(8)(f) and 50- 2018(8) and (9), the definition of a deteriorating area shall not apply to any agricultural operation as defined in section 22-4502(2), Idaho Code, absent the consent of the owner of the agricultural operation except for an agricultural operation that has not been used for three (3) consecutive years; WHEREAS, the 2021 Report does not include parcels subject to such consent; WHEREAS, the Report includes a preliminary analysis concluding the base assessment roll value for the Study Area along with the base assessment rolls for the Existing Project Areas and any proposed revenue allocation areas, do not exceed 10% of the current assessed valuation of all taxable property within the City; WHEREAS, the Report includes a preliminary analysis concluding the Study Area does not exceed 10% of the geographical area contained within the existing Union District Project Area, and the Study Area is contiguous to the existing Union District Project Area; RESOLUTION NO. 21-027 - 3 Page 508 Item#24. WHEREAS, pursuant to Idaho Code Section 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 Section 50-2906, also requires that in order to adopt an urban renewal plan or plan amendment containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan or plan amendment is a deteriorated area or deteriorating area; WHEREAS, the MDC Board finds it in the best public interest to accept the Report. 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. That the MDC Board acknowledges acceptance and receipt of the Report, attached hereto as Exhibit A, recognizing technical changes or corrections which may be required before transmittal to the City Council for its consideration. Section 3. That there are one or more areas within the City that are a deteriorating area or a deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8). Section 4. That one such area is an area approximately 1.461 in size, which is currently located within the boundaries of the Existing Downtown District Project Area, which area is currently subject to a de-annexation from the Existing Downtown Project Area, and is commonly referred to as the Idaho Block Annexation Study Area, as more fully described in the Report. The area is adjacent and contiguous to the Union District Project Area. Section 5. That the rehabilitation, conservation, and redevelopment, or a combination thereof, of such area is necessary in the interest of the public health, safety, and welfare of the residents of the City. Section 6. That the Study Area does not exceed 10% of the geographical area contained within the existing Union District Project Area, and the Study Area is contiguous to the existing Union District Project Area. Section 7. That the Chair or Vice-Chair of the MDC Board of Commissioners, or the Administrator, are hereby authorized to transmit the Report to the Meridian City Council requesting that the City Council: RESOLUTION NO. 21-027 -4 Page 509 Item#24. a. Determine whether the Study Area identified in the Report qualifies as an urban renewal project and there is justification for designating the Study Area, as appropriate, for an urban renewal project; b. If such designation is made, whether MDC should proceed with the preparation of an urban renewal plan amendment for the area, which plan amendment may include a revenue allocation provision as allowed by law; Section 8. 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 June 9, 2021. Signed by the Chair of the Board of Commissioners and attested by the Secretary to the Board of Commissioners, on June 9, 2021. APPROVED: I - f •� Chair of the Board ATTEST: Secretary RESOLUTION NO. 21-027- 5 Page 510 Item#25. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Mayor's Office: Budget Amendment in the Amount of$4500.00 for Production Room Computer Replacement, Software and Equipment Page 511 Item#25. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Dave Miles, Mayor's Office Meeting Date: July 6 2021 Presenter: Dave Miles Estimated Time: 5 mins Topic: Budget Amendment- Production Room Computer Replacement, Software & Equipment Recommended Council Action: Approve the fiscal year 2021 budget amendment in the amount of$4,500 for costs associated with replacing the computer, and acquiring updated software &equipment associated with video production needs. Background: The City maintains a video production computer and software in the Council Chambers Production Room. The computer and software is used for various communication video needs including internal and external video products and requires various video equipment (microphones,tripods, etc.) for production needs. The current MAC computer has malfunctioned beyond repair based on IT evaluation. Based on needs and functionality it is recommended to replace with a windows-based machine and the associated software for video production. During this evaluation, the Communication's team also inventoried equipment and has the need to acquire equipment to maintain continuity in active video production projects and needs. This budget amendment will allow for video production needs to continue uninterrupted. (Examples of representative projects include promotional and educational videos of National Night Out, Movie Night, TVYSS, and other Departmental needs across the City, as well as internal needs.) <end> Page 512 m 3 6/29/2021 9:21 AM City of Meridian FY2021 Budget Amendment Form N) Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total E IDIAN.- 01 1841 41200 0 lWages 01 1841 41206 0 PT/Seasonal Wages 01 1841 41210 0 Overtime Please only complete the fields highlighted 01 1841 41304 0 Uniform Allowance 01 1841 42021 0 FICA S Amendment Details 01 1 1841 42022 0 PERSI $ Title: Production Room Computer&Software 01 1841 42023 1 0 Worker's Camp $ Department Name: Communications 01 1841 42025 1 0 JEmployee Insurance $ Presenting Department Name: Communications Total Personnel Costs $ Department#: 1841 Operating Expenditures Primary Funding Source: 1 Fund# Dept.# G/L# Proi.# G/L#Description One-Time On-Going Total CIP#: 01 1841 54350 0 Computers&Printers $ 2,100 $ 2,100 Project#: 01 1841 53360 0 Software Expense $ 400 $ 400 01 1841 54120 0 Electronic Expense(Under$5,000) $ 2,000 $ 2,000 Is this for an Emergency? ❑ Yes o No 01 1941 0 $ - New Level of Service? ❑ Yes o No 01 1841 0 $ 01 1841 1 0 $ Clerks Office Stomp I 01 1941 0 $ 01 1841 0 $ 01 1841 0 $ 01 1841 0 $ 01 1841 0 $ j 01 1841 0 $ 01 1841 a $ - 7-6-2021 Total Operating Expenditures $ 4,100 $ 400 $ 4,500 Date of Council Approval l Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date 01 1841 0 1 Pa_v�M ue,31 6/2 V2021- 01 1841 0 01 1841 0 Department Director 01 1841 0 f L •Z9 QZ;•�u 01 1841 0 0 1 1841 1 0 C7, � nciai Officer Total Capital Outlay $ Revenue/Donations Fund# Dept.# G/L# Proj.# G/L#Description Total C cil riai 01 1841 0 01 1941 0 �I f 01 1841 0 1 Ma or Total Revenue/Donations $ Total Amendment Request $ 4,500 v CD CD v, W City of Meridian FY2020 Budget Amendment Form H:11 Mayors Off icelBudget1FY2021\Prod Rm Computer Replacement_6 29 2021 LO 6/29/2021 9:21 AM City of Meridian FY2021 Budget Amendment Form CU Total Amendment Cost-Lifetime Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Communications Funding 2021 2022 2023 2024 2025 Title: Production Room Computer&Software Personnel $ - $ _ _ $ _ _ Instructions for submitting Budget Amendments: Operating $ 4,500 $ 400 $ 400 $ 400 $ 400 > Department will send Amendment with Directors signature to Finance{budget Analyst)for review Capital $ - > Finance will send Amendment to Council Liaison for signature Total $ $ 4,500 $ 400 $ 400 $ 400 $ 400 >Council Liaison will send signed Amendment to Mayor Total Estimated project Cost: $ 6,140 ➢ Mayor will send signed Amendment to Finance(Budget Analyst) Evaluation Questions > Finance(Budget Analyst)will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. > Department will add copy of Amendment to CouncO Agenda using Novus Agenda Manager 1. Describe what is being requested? The City maintains one video production computer with software in the Council Chambers Production Room,and utilizes various equipment(microphones,tripods,audio jacks, mixers,etc.)associated with video production needs. The computer,software and equipment is used for various communication video needs including internal and external i video products. The current MAC computer recently malfunctioned beyond repair based on IT evaluation and it is recommended to replace with a windows based machine and associated software. Through evaluation,there are also current equipment needs to affect video prroduction products. 2 Why was this budget request not submitted during the current fiscal year budget cycle? The machine died requiring a repalcement machine and updated software,and there is a need to aquire currenity needed equipment. 3. What is the explanation for not submitting this budget request du6ng the next fiscal vear budget cvcle? _ There are current video production product needs across various deaprtments that this amendment is needed for. 4.Describe the proposed method of funding? If funding is split between Funds(i.e..General,Enterprise,Grant), please include the percentage split. List the amounts and General fund. 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes-government excellence in providing increased accessibility and transparecny to government services and information. 6. Does this request require resources to be provided by other departments? if es please describe the necessary resources to be provided by other departments, IT to source,order and install machine. 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No - 8.Is the amendment going to result in the disposal of an asset? Yes or No Yes_--dead..ma.chjne � 9.Any additional ? N/A Total Amendment Request $ 4,500 N ry effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. �* Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. E City of Meridian FY2020 Budget Amendment Form HM Mayors OfficelBudget1FY2021\Prod Rm Computer Replacement-6 29 2021 Item#26. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Community Development Block Grant (CDBG) Program Year 2021 Action Plan Presentation Page 515 A 7 atl .r 711 —. 00Meridian CD G �" 4 r Program PY21 �4 A r- tion n L i1r� C l[. , f�. Pla s October 1., 2021 to September 30 , 2022 Item azs. Planning_Docurnents Community Involvement Consolidated Plan Citizen Participation • Analysis of Impediments • Public Comment Period - June 11 to July 20 • Housing Assessment • Public Presentations - July 6 and July 20 • Current Plan 2017- 2021 • Public Hearing - July 20 Action Plan Consultation with Stakeholders Plan for administering the upcoming year • Regular involvement • Feedback requested Page 51 Item#26. Admin/Fair Housing 7.5% Public Services 7.5% Year 5 Accessibility 56.3% Housing tion Plan 28.6% Total $ 597 , 2 6 • PY21 $501,559 • Reallocated Funds $ 95, 687 Page 518 Admin / Fair Housin.. .......... g Federal Cap: $100,312 �.� Allocation : $45,000 Activities ,_, _,: � • 2022 - 2026 Con Plan . • Housing Assessment • Fair Housing Campaign • General Administration Item#26. w Emergency RentaI Assistance - $20 0_ Op Temporary rental assistance for those at risk of p Y � losing their housing . I� Scholarships for Youth - $259000 , 1 Access to extended care programs for eligible participants. Page 520 . =, _- Item#26. ir; ..._. ...: � �... - - J-,• :mow - - - Now— ing jj Allocation : $171 ,000 f ! Homeowner Repair - $171000 Rehabilitate owner - occupied homes for households within =•, `, Meridian City limits. Page 521 x-.- ala.�-�w- -.��f •...,-tP•R�o- _r,•_er q ...`+1 _• ...•,•.. r.•.i>,�drp••n-..11 r Y 1 EEI '� t _• �'� '4a� �`" k ,"..�.' , . S"' � rf r +� M' - ' �`- 5 •1 l ��} �� J. � •�'�, { .5 f .-qy.' 'L' ' I/(ly� +b' 7 _ ♦''tiTFri Fr -.4 �§57�5" d�'�� l f► �I+i i '{�.. 4. •{ _. .. Y. •�K� - � .`: t.� _�f 1�;•�� h,� 'd urAq,��1- 'r�.s,'�,•iA,,��'' �a'��f � d! l�'�!/''��';y,,}.( 'i M9��1 'R • • 00* AVA OFIN • .7 'ti t vwf�►aw �a�`+��i 'i�4'- +r�'T�►r �N� i �y%.` +7: . • - i:l� ��(`�fi��'l tl�C�'y1�i•��:a^`�i��, r +^ � � �� + ..�'R=�1f�/�f:�: �Mc '1Y •. IFS °''. v c n'_�i ,i G:I �, '�_ ;� i :�:s•= Allocation : $336 JA .� � iP 1 .� i,�l�.�� f`n � y e• '�. 1s!�/ ��i - '.�"�' ��$:_ ,ram, �� '.'�._ ...•.:�� ! .� ,�, .IA b` I�•��'."4 'd�! � �7I.•`'` 'Lr�yyi•...o �R� .,a��j:a�iiq*f: ti� a�y�`v'�_- rr'1� �.' V' ?i• 7 � I �rlY. 'j✓. �1 !�'� !� 1. •,.►. 'e�. � `�•�,E. �•'a. �r � �\ �� i1„ ., �•..�`/�, �C �'�/� T�`��' A��1}�,' e 1 y��,h��,,:.-,I E�'e r i I�~ 3�� r��. �-t_ lR�� y.•��,,w�j��'. �� '�'�� ..t�� _ _�1t■� %9�V1ir�i.llr-�TJr.�'■If.�.� -�r�r T:• =.,,. _ _�.� - 1��`�,... .E ,�ail��d�'_.r . Chateau Park Playground and PathwayBackupProjects Replace current playground with an all - abilities • Hombuyer Assistance playground and develop a pathway to connect it to • Streetlights near Peregrine Elementary the nearby LMI neighborhoods • Streetlights near Meridian Middle Page 522 Public Comment June 11 to July 20 Public Hearing Next July20 steps Final Report and Resolution July 27 Submit to HUD July 30 Cr y stal Cam p bell Questions or comments 901 ccampbeliCcDmeridiancity,, org (208) 89 - 0575 0 The Community Development Block Grant (CDBG) Program is a flexible program that provides funding to address a wide range of unique community development needs with a focus on those with low to moderate incomes (LMI ). The City of Meridian receives CDBG funds annually from the U .S. Department of Housing and Urban Development (HUD). Consolidated Plan Five year plan that determines the direction of the CDBG Program . Action an Annual plan that shows how the program will approach the goals for the upcoming program year. Program Year The Meridian CDBG Program Year (PY) runs from October 1 to September 30. CAPER The Consolidated Annual Performance and Evaluation Report (CAPER) is an end of year report to evaluate the program . Item#26. 2017 = 2021 CONSOLIDATED PLAN • $489,670 $422, 148 • 010a& Improve• - . • Enhance Homeownership Opportunities • Provide Social Services • Stabilize the Rental Gap • Administration and Fair Housing 74C4roufj, P 11R 143 11 Households First-time received Homebuyers Homelessness Purchased Prevention Homes 2 Restrooms that are now accessible 10,515 to all abilities 11052 Individuals Feet of sidewalk (duplicated) installed allowing received hunger safe passage in relief 97 LMI areas Children received scholarships for extended care 69 programs Streetlights were Picnic Shelter modernized in provided at LMI areas Meridian Elementary Page 526 www.meridiancity.org/cdbg Item#26. PY21 ACTIVITIES OCTOBER 12021 - SEPTEMBER 30, 2022 • • • • • • 10 0 0 • 0 • 0 10 0 0 • 1* 0 0 0 0 0 0 0 Boys & Girls Club Access to before and after school programs as well as summer programs. *4 Al r Jesse Tree Temporary assistance with rent to eligible households that are at risk of of .� • housin their NeighborWorkS Boise ;1/0/xWU//WX Assistance with repairs to allow residents to live '.% rJ safely and comfortably in their homes. Parks and RecreatiOn Department Replace current playground �k all- abilities playground • provide a path to connect it • LMI neighborhoods.IS Page 527 www.meridiancity.org/cdbg Item#26. z � - } w z � :EQ zap O J Y O �p OwJ � u O m ==j CL Z o _ CMD Clsi >= October 1, 2021 to 33 E. Broadway mm September 30, 2022 Meridian, Idaho ccampbell@meridiancity.org Page 528 Item#26. Contents ExecutiveSummary.................................................................................................................................................................. 1 AP-05 Executive Summary-24 CFR 91.200(c),91.220(b)...................................................................................................... 1 PR-05 Lead&Responsible Agencies—91.200(b)...................................................................................................................3 AP-10 Consultation—91.100,91.200(b),91.215(I)................................................................................................................4 AP-12 Participation—91.105,91.200(c)...............................................................................................................................19 ExpectedResources................................................................................................................................................................23 AP-15 Expected Resources—91.220(c)(1,2).........................................................................................................................23 AnnualGoals and Objectives...................................................................................................................................................26 AP-20 Annual Goals and Objectives.....................................................................................................................................26 Projects..............................................................................................................................................................................29 AP-35 Projects—91.220(d)..................................................................................................................................................29 AP-38 Project Summary......................................................................................................................................................31 AP-50 Geographic Distribution—91.220(f)..........................................................................................................................37 AffordableHousing.................................................................................................................................................................37 AP-55 Affordable Housing—91.220(g).................................................................................................................................37 AP-60 Public Housing—91.220(h).......................................................................................................................................38 AP-65 Homeless and Other Special Needs Activities—91.220(i)...........................................................................................40 AP-75 Barriers to affordable housing—91.220(j).................................................................................................................43 AP-85 Other Actions—91.220(k).........................................................................................................................................44 Program Specific Requirements...............................................................................................................................................47 AP-90 Program Specific Requirements—91.220(I)(1,2,4).....................................................................................................47 Attachments...........................................................................................................................................................................48 CitizenParticipation Comments..........................................................................................................................................49 GranteeUnique Appendices...............................................................................................................................................50 Consolidated Plan and Fair Housing Assessment...................................................................Error! Bookmark not defined. PublicNotice.................................................................................................................................................................50 Resolution.....................................................................................................................................................................51 SF424's and Certifications..................................................................................................................................................52 Page 529 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of Meridian was designated an Entitlement Community by the U.S. Department of Housing and Urban Development(HUD) in 2007.This designation allows the City to receive funds directly from HUD's Community Development Block Grant(CDBG) Program on an annual basis.The City is currently working under the regulatory Five-Year Consolidated Plan (Con Plan)for program years 2017-2021. The Con Plan describes the anticipated strategies,goals, and community development needs identified during a collaborative process that included input from community members and local entities. This Action Plan is for the final year of the 2017-2021 Con Plan and will provide direction to the City of Meridian CDBG Program (Program)for Program Year 2021 (PY21) which spans from October 1, 2021— September 30, 2022.The PY21 Action Plan provides a summary of the actions, activities,and resources that will be used during PY21 to address the goals and priority needs identified in the 2017-2021 Con Plan. 2. Summarize the objectives and outcomes identified in the Plan The City is focusing its activities and funding during PY21 on 1) improving accessibility by prioritizing projects that improve residents' access to public facilities and community resources; 2) enhancing homeownership opportunities by obtaining or maintaining homes that are affordable; 3) promoting fair housing, and 4) providing social services that provide stability to Meridian residents with a low to moderate income. 3. Evaluation of past performance Since 2007, Meridian has successfully managed over$4.7 million in resources from its annual CDBG allocation. Over the years,the City's expenditures from its CDBG allocation have focused on supporting social service provider operations such as the Meridian Food Bank, improving community facilities for organizations such as the Boys and Girls Club and Meridian Development Corporation; addressing accessibility barriers to places such as parks and trails, Meridian Libraries, and sidewalk projects; preventing homelessness with emergency assistance through The Jesse Tree of Idaho; and assisting with homeownership attainment for low-and moderate-income buyers through the Ada County Housing Authority and NeighborWorks Boise. The City has submitted Consolidated Annual Performance and Evaluation Reports (CAPERS)for all previous program years.The CAPERS demonstrate that the City exceeds the statutory requirement of at least 70 percent of funds expended being invested in activities that benefit low to moderate-income City of Meridian 1 1 Page 530 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan individuals and families.Aside from Program Year 2016,the City has met its expenditure of grant funds deadlines imposed by HUD each year. All of the prior program years' activities meet critical needs in Meridian.The primary challenges encountered during the last Consolidated Plan period were timing and contract related.To address these challenges,the City has implemented more stringent requirements for subrecipients, particularly in meeting expected schedules. Over the several years,the City has been effective at organizing, streamlining,and managing its CDBG processes to provide the most benefit for each CDBG dollar granted while complying with federal timeliness requirements. 4. Summary of Citizen Participation Process and consultation process The citizen participation process for the PY21 Action Plan followed the process identified in the City's Citizen Participation Plan,adopted with the 2017-2021 Con Plan. Public comments were accepted from June 11, 2021 to July 20, 2021 with a public hearing being held on July 20, 2021. The City published legal notices in two local newspapers (Idaho Statesman and Meridian Press Tribune) and posted the draft Action Plan on the City's website on June 11, 2021. Presentations of the draft Action Plan and included projects were provided to stakeholders at the City Council meetings on July 6, 2021 and July 20, 2021. To broaden public participation in the development of the plan,the City coordinated with several organizations that work with LMI populations to gain a better understanding of the community needs and identify projects that would be beneficial to the residents of Meridian.The feedback received supported the goals and strategies identified in the 2017-2021 Con Plan. Invitations to apply were provided through e-mails, phone calls, and publication announcements on the City website, Boise City/Ada County Continuum of Care (CoC) distribution list, Region 4 Behavioral Health Board distribution list, and in the local newspapers. 5. Summary of public comments Will be updated after public comment period. 6. Summary of comments or views not accepted and the reasons for not accepting them Update as necessary. 7. Summary The City of Meridian has collaborated with stakeholders throughout the community to develop the PY21 Action Plan in a manner that is consistent with the goals and strategies identified in the 2017-2021 Con Plan,which remains relevant to the current needs of the community. The City plans to continue improving the Program based on feedback from the community to ensure the intent of the Program continues to be met. City of Meridian 2 Page 531 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan PR-05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator MERIDIAN Economic Development, Community Development Dept. Table 1—Responsible Agencies Narrative (optional) The Meridian CDBG Program is part of the City of Meridian's Community Development Department and falls under the Economic Development Division. The Program works closely with Planning Division staff and Economic Development Division staff as well as other Departments in the City such as Public Works, Finance,and Parks and Recreation. Consolidated Plan Public Contact Information Crystal Campbell, Community Development Program Coordinator Community Development Department City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 208-489-0575 City of Meridian 3 Page 532 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan AP-10 Consultation - 91.100, 91.200(b), 91.215(1) 1. Introduction The City of Meridian engages stakeholders via social media, email, and the City's website. Community stakeholders include, but are not limited to: citizens of Meridian; current and past CDBG subrecipients; Idaho Housing and Finance Association (IHFA); Idaho Department of Health and Welfare (Divisions of Behavioral Health, Medicaid,and Public Health); Central District Health Department; Meridian Downtown Business Association; Region 4 Behavioral Health Board; Our Path Home Connect (coordinated entry); Region 4 Crisis Center; and Boise City/Ada County Continuum of Care (CoC). Agencies were identified for participation in the PY21 Meridian CDBG competitive application based on the needs and priorities identified during the 2017-2021 Con Plan planning process. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)) The City collaborated with the Ada County Housing Authority(ACHA),which is the local public housing authority,to assist the City in better understanding ACHA's resources and needs. While there are no public housing units in Meridian,an estimated 10 percent of the housing authority's total voucher supply are used within Meridian City limits. ACHA and the City are both involved with the CoC.The CoC meetings provide an opportunity to collaborate with regional and local housing providers (public, nonprofit, and private) and health and social service agencies (including private and non-profit mental health, emergency, and healthcare providers). During PY18 the City and CoC connected with the Region 4 Behavioral Health Board (BHB), a government entity established by the State of Idaho in coordination with Idaho Health and Welfare. The BHB advises the State Behavioral Health Authority and the State Planning Council of the needs in this region and is facilitated by Central District Health (CDH).This collaboration provides access to a large number of agencies and citizens with expertise in mental health services,substance use disorders, law enforcement, education, and healthcare. City staff continues to be engaged with the BHB to identify ways to enhance coordination between ACHA and healthcare providers, mental health services, and other supportive service agencies. CDH also provides information related to housing units in which children have been identified as being lead poisoned concerning lead-based paint hazards, but since the majority of houses in Meridian were built after 1980 this has not been a concern. City of Meridian 4 Page 533 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Additionally,the City has developed a socioeconomic profile of Meridian that will identify gaps in service, likely partnerships,and needs of the community.The City is dedicated to extending further support to organizations that help to meet the identified needs of the community. One need that is readily apparent is the need for housing affordability and rental support. Meridian is dedicated to increasing its inventory of housing that is affordable to ensure residents of all income levels can find housing in Meridian and to provide necessary supportive services. City staff will continue to stay engaged with the housing affordability and supportive service community so the City can better provide important tools and resources to affordable housing developers and supportive service providers. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children,veterans, and unaccompanied youth) and persons at risk of homelessness. The City participates in the CoC, locally branded as Our Path Home Connect,which includes staff members from neighboring communities along with healthcare,foster care and other youth programs, mental health providers,Ada County, law enforcement, nonprofit providers, state departments and school districts among other entities. In 2017 Our Path Home Connect launched coordinated entry which provides a single point of entry for households experiencing homelessness. Due to the data collected through coordinated entry, Our Path Home Connect has identified four strategic initiatives: end family homelessness, prevent first-time homelessness, expand supportive housing opportunities, and evolve the partnership.The involvement of foster care and other youth programs has encouraged the City to further evaluate the non-traditional homelessness experienced by youth and their families in Meridian. The City has also updated internal policies to include a representative from the CoC to provide feedback on the current needs to the CDBG Scoring Committee,which reviews applications for CDBG funding and recommends projects to be funded.This collaboration provides an opportunity to involve the CoC in the planning process and identify projects that will address the needs of those who are currently or at risk of homelessness. Additionally,the City acts as a liaison between the Behavioral Health Board (BHB) and the CoC.The BHB is facilitated by Central District Health (CDH) and is comprised of 23 stakeholders,advocates,and professionals including the Idaho Department of Corrections for adults, Boise Police Department,Adult Mental Health staff that are responsible for discharging participants from state run psychiatric facilities, and Children's Mental Health staff that work with families in crisis. Involvement with this group allows the City to understand the broader needs of the community as related to behavioral health in general and specifically for those who are being discharged from institutional settings such as mental health facilities and corrections programs. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate City of Meridian 5 1 Page 534 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of Meridian does not receive ESG funds;the state is the only recipient. Allocation of ESG is discussed at the CoC meetings,which Meridian staff attend. The City leverages the CoC's strategy for use of ESG funds by funding homeless prevention activities.The City does not have any emergency shelters and the RRH program serves countywide.The City continues its work with the Executive and Data and Performance Management Committees of the CoC to provide feedback on changes to the HMIS and data management process of the CoC. 2. Describe Agencies,groups, organizations and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies and other entities City of Meridian 6 Page 535 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Table 2—Agencies,groups,organizations who participated 1 Agency/Group/Organization Boise City/Ada County Continuum of Care Agency/Group/Organization Type Housing PHA Services- Housing Services-Children Services-Elderly Persons Services-Victims of Domestic Violence Services-homeless Services-Health Services-Education Services-Employment Service-Fair Housing Services-Victims Health Agency Child Welfare Agency Publicly Funded Institution/System of Care Other government-State Other government- Local Regional organization Planning organization What section of the Plan was addressed by Homeless Needs-Chronically homeless Consultation? Homeless Needs- Families with children Homelessness Needs-Veterans Homelessness Needs- Unaccompanied youth Homelessness Strategy City of Meridian 7 Page 536 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Briefly describe how the The CoC was consulted as part of the 2017 Consolidated Planning efforts as well as Agency/Group/Organization was consulted.What during the current action planning efforts. Members of this group represent all of are the anticipated outcomes of the consultation the agency/group/organization types listed above and assists the City in or areas for improved coordination? understanding the needs of the community as it relates to housing, homelessness, and fair housing.This consultation was effective in helping the City develop funding recommendations to address homelessness, homelessness prevention, and fair housing activities. 2 Agency/Group/Organization Boise City/Ada County Housing Authority(BCACHA) Agency/Group/Organization Type Housing PHA Services- Housing Regional organization What section of the Plan was addressed by Housing Need Assessment Consultation? Public Housing Needs Homeless Needs-Chronically homeless Homeless Needs- Families with children Homelessness Needs-Veterans Homelessness Needs- Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs HOPWA Strategy Market Analysis City of Meridian 8 Page 537 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Briefly describe how the ACHA was contacted by the City to discuss the viability of its homebuyer Agency/Group/Organization was consulted.What assistance program in the midst of a difficult housing market.These discussions are the anticipated outcomes of the consultation helped the City develop funding recommendation for continuing to provide CDBG or areas for improved coordination? dollars to ACHA for down payment assistance.This consultation also led to a discussion about housing development and policies that may change how the City interacts and funds these efforts in the future. 3 Agency/Group/Organization West Ada School District No.2 Agency/Group/Organization Type Services-homeless Services-Health Services-Education Publicly Funded Institution/System of Care What section of the Plan was addressed by Homeless Needs- Families with children Consultation? Homelessness Needs- Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs Briefly describe how the The City discussed the needs of homeless and unaccompanied youth in Meridian's Agency/Group/Organization was consulted.What public education system with the West Ada School District. Conversations led to are the anticipated outcomes of the consultation the City's understanding of the number of unaccompanied youth in the school or areas for improved coordination? system with relatively limited resources and services available to these students and their families.The City identified gaps in services and will continue to work with the West Ada School District to develop a plan to fill those gaps. 4 Agency/Group/Organization CATCH, INC. Agency/Group/Organization Type Housing Services- Housing Services-homeless City of Meridian 9 Page 538 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan What section of the Plan was addressed by Housing Need Assessment Consultation? Homeless Needs-Chronically homeless Homeless Needs- Families with children Homelessness Needs-Veterans Homelessness Needs- Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs Briefly describe how the The City meets often with CATCH to discuss the state of homelessness in Meridian. Agency/Group/Organization was consulted.What CATCH currently houses the coordinated entry efforts of the County and is are the anticipated outcomes of the consultation tracking data related to Meridian's homeless population.These consultations or areas for improved coordination? clarify the need for certain support in Meridian and helping to develop a short- and long-term strategy to meet the needs of those experiencing homelessness in Meridian and across the County. 5 Agency/Group/Organization City of Meridian Agency/Group/Organization Type Other government- Local Planning organization Civic Leaders Grantee Department What section of the Plan was addressed by Housing Need Assessment Consultation? Market Analysis Economic Development Anti-poverty Strategy City of Meridian 10 Page 539 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Briefly describe how the The City regularly consults with the Mayor's Office, Department of Community Agency/Group/Organization was consulted.What Development, Planning Division, Economic Development officials, Finance are the anticipated outcomes of the consultation Department, Public Works Department, and law enforcement officials to explore or areas for improved coordination? and operationalize the needs of community members in Meridian. Much of the conversation during the consultations surrounding the Action Plan deals with housing needs,wage growth,vacancy and affordability rates of housing, identifying households and areas that may be affected by lead-based paint requirements, and work to address poverty in the community. Many of these conversations are still in their preliminary stage and have not directly created outcomes or improved coordination, but work continues to plan and strategize to develop 1) incentives for affordable housing development; 2) partnerships to address service gaps in Meridian; 3) a clear plan/strategy to increase workforce housing developments;4) a new City Comprehensive Plan that better-addresses and plans for the needs of LMI residents, including those experiencing homelessness; and 5) a socioeconomic profile of the City.All of these will offer insight, strategy, and structure to the City's community development efforts in the coming years. 6 Agency/Group/Organization THE JESSE TREE OF IDAHO, INC. Agency/Group/Organization Type Services- Housing Services-homeless What section of the Plan was addressed by Non-Homeless Special Needs Consultation? Briefly describe how the The Jesse Tree was consulted to discuss the possibility to expand their emergency Agency/Group/Organization was consulted.What rental assistance program in Meridian.They provided insights and clarity into the are the anticipated outcomes of the consultation need for their program due to continually rising rents across the City.This or areas for improved coordination? consultation contributed to an expansion of CDBG funding that will be given to this organization for homelessness prevention services. City of Meridian 111 P a g e Page 540 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan 7 Agency/Group/Organization UNITED WAY OF TREASURE VALLEY Agency/Group/Organization Type Planning organization Foundation What section of the Plan was addressed by Housing Need Assessment Consultation? Anti-poverty Strategy Briefly describe how the The United Way was consulted in efforts to create a Socioeconomic Profile of Agency/Group/Organization was consulted.What Meridian in an effort to better understand the housing,transportation, health, are the anticipated outcomes of the consultation food,financial, and education needs of Meridian's residents.This partnership is or areas for improved coordination? ongoing and will likely result in funding provided to the City by this organization to conduct research and create plans to understand and meet these needs. 8 Agency/Group/Organization City of Boise Agency/Group/Organization Type Other government- Local What section of the Plan was addressed by Homelessness Strategy Consultation? Non-Homeless Special Needs Market Analysis Economic Development Anti-poverty Strategy Administrative Briefly describe how the The City regularly consults with the City of Boise to ensure that funding Agency/Group/Organization was consulted.What recommendations, administrative practices, and other activities are compliant are the anticipated outcomes of the consultation with federal regulations.The coordination also reflects a shared goal to ensure or areas for improved coordination? that all activities undertaken with CDBG funds work to meet regional needs as well as local needs. City of Meridian 12 1 P a g e Page 541 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan 9 Agency/Group/Organization Neighborworks Boise Agency/Group/Organization Type Services- Housing Service-Fair Housing Major Employer What section of the Plan was addressed by Homelessness Strategy Consultation? Non-Homeless Special Needs Briefly describe how the The City worked with NeighborWorks Boise to discuss the viability of a Agency/Group/Organization was consulted.What homeowner rehabilitation program in Meridian. are the anticipated outcomes of the consultation or areas for improved coordination? 10 Agency/Group/Organization Idaho Fair Housing Forum Agency/Group/Organization Type Service-Fair Housing What section of the Plan was addressed by Fair Housing Consultation? Briefly describe how the The City meets with this group to consult on how to advance the fair housing work Agency/Group/Organization was consulted.What of the City and region.These consultations have brought forth fair housing are the anticipated outcomes of the consultation trainings and conferences educating over 1000 people about fair housing law and or areas for improved coordination? practice. These meetings also inform how the City will implement its strategies to affirmatively further fair housing. City of Meridian 13 Page 542 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan 11 Agency/Group/Organization Neighbors United Collaborative Agency/Group/Organization Type Services- Housing Services-Health Services-Education Services-Employment Service-Fair Housing Services- Refugees What section of the Plan was addressed by Non-Homeless Special Needs Consultation? Fair Housing Briefly describe how the The City regularly consults with this group to understand how to address the Agency/Group/Organization was consulted.What needs of LMI refugees in Meridian. Much of the discussion leading up to the are the anticipated outcomes of the consultation development of this Annual Action Plan has been around fair housing and or areas for improved coordination? language access services in the community.The City is working with this and other groups to develop resources and materials that can better educate about fair housing best practices while providing refugees and others facing housing discrimination support to overcome negative situations. 12 Agency/Group/Organization Idaho Apartment Association Agency/Group/Organization Type Services- Housing Business and Civic Leaders What section of the Plan was addressed by Non-Homeless Special Needs Consultation? Fair Housing Briefly describe how the The City consults, as needed, with this organization to get the private-sector Agency/Group/Organization was consulted.What perspective on micro and macro issues in the world of housing and fair housing. are the anticipated outcomes of the consultation These consultations have often informed the conversations and decisions taken to or areas for improved coordination? and made by Neighbors United, Idaho Fair Housing Forum, and the CoC's Fair Housing Subcommittee. City of Meridian 141 f Page 543 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan 13 Agency/Group/Organization Region 4 Behavioral Health Board Agency/Group/Organization Type Services- Housing Services-Children Services-Elderly Persons Services-Persons with Disabilities Services-Victims of Domestic Violence Services-Health Services-Education Services-Victims Health Agency Child Welfare Agency Publicly Funded Institution/System of Care Other government-State Other government- Local Regional organization Planning organization Business Leaders Civic Leaders What section of the Plan was addressed by Non-Homeless Special Needs Consultation? Briefly describe how the The BHB was consulted as part of the current action planning efforts. Members of Agency/Group/Organization was consulted.What this group represent all of the agency/group/organization types listed above and are the anticipated outcomes of the consultation assists the City in understanding the needs of the community as it relates to or areas for improved coordination? people with mental health and substance use disorders.This consultation was effective in helping the City develop funding recommendations to address economic stability for people with disabilities. 14 Agency/Group/Organization Unity Through Inclusion City of Meridian 15 Page 544 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Agency/Group/Organization Type Regional organization Planning organization What section of the Plan was addressed by Non-Homeless Special Needs Consultation? Briefly describe how the The City consults with this group to identify the needs of diverse populations in Agency/Group/Organization was consulted.What Meridian. are the anticipated outcomes of the consultation or areas for improved coordination? 15 Agency/Group/Organization Central District Health Agency/Group/Organization Type Services-Health Services-Education Services-Victims Health Agency Publicly Funded Institution/System of Care Other government- Local Regional organization Planning organization What section of the Plan was addressed by Public Housing Needs Consultation? Homeless Needs-Chronically homeless Homeless Needs- Families with children Homelessness Needs-Veterans Homelessness Needs- Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs HOPWA Strategy Lead-based Paint Strategy City of Meridian 16 P a g e Page 545 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Briefly describe how the Consulted with CDH regarding strategies related to lead-based paint, Agency/Group/Organization was consulted.What transportation options in Meridian, and health disparities related to Meridian's are the anticipated outcomes of the consultation LMI residents. or areas for improved coordination? Identify any Agency Types not consulted and provide rationale for not consulting Not applicable; every agency identified was offered an opportunity to participate in the development of the plan. While no agencies were left out,the City does not have a citizen's advisory group to consult with. Citizens are requested to participate in public hearings and public presentations via social media and local newspapers, but there is no formal group.To gather citizen input specific to the slum and blighted area where CDBG funds are to be used,the City contacted residents who live in that area directly while the Redevelopment Plan was being developed and again when the Redevelopment Plan was being approved. Residents were also informed of the potential projects in this area during the development of the plan as well as the CDBG process of selecting projects annually. Invitations for public presentations related to the Action Plan and Project Applications were then sent out by email and social media. Moving forward,the City would like to improve its coordination with housing developers, particularly those developers who specialize in the development of workforce and affordable housing. Increased efforts were not made this year to reach out to these groups as the City is still working to develop internal strategies and plans about how it wants to address the housing affordability needs in the community and how to engage developers in that process.The City is also developing a new Comprehensive Plan that includes consultants doing consultations in the coming months.The decision was made to couple the needed consultation efforts of these Community Development activities with comprehensive planning consultation activities. City of Meridian 17 Page 546 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? The City maintains goals of improving economic outcomes of low income residents, Idaho Housing and providing emergency rental assistance, and improving housing options and social and Continuum of Care Finance Association,Ada supportive services for people including but not limited to people with special needs and County, City of Boise individuals/families leaving domestic violence situations.These will contribute to the CoC objective of Ending Chronic Homelessness by preventing Meridian residents from falling into homelessness. Idaho Housing and The fair housing strategies established for Meridian considered opportunities to State of Idaho Finance Association; collaborate with the State.The City regularly involves representatives from IHFA, City of Analysis of Idaho Department of Boise, City of Nampa, City of Caldwell,and Idaho Department of Commerce in the Impediments Commerce planning,funding, and implementation efforts of fair housing activities in the region and state. Meridian Meridian Planning The City Comprehensive Plan was consulted during preparation of the Consolidated Plan Comprehensive Plan Division to ensure goals were consistent with the needs and desires of the community. Land use and zoning regulations were reviewed to assess barriers to housing choice. ACHA Policies and ACHA The housing authority policies and procedures were reviewed to ensure they support Procedures housing choice and address the greatest needs of low income residents. Table 3—Other local/regional/federal planning efforts Narrative (optional) The City is working with various stakeholders throughout the region to develop a comprehensive Action Plan,which will improve collaboration between entities,thereby reducing the duplication of efforts and using limited time and resources more effectively. City of Meridian 18 1 P a g e Page 547 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan AP-12 Participation — 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting In 2017,the City completed an extensive citizen participation procedure to gain public guidance and information for the 2017-2021 Consolidated Plan.The findings of those efforts have informed the priorities, needs,and goals entirely. During the consolidated planning process,the feedback received from public surveys,stakeholder interviews, and other public feedback created the framework for which all CDBG goals and action plans will be based on.The City has the goal to use the public feedback from the Con Plan to inform funding decisions proposed in this and subsequent annual action plans. In addition to the consolidated plan citizen participation processes, the City has undergone all federally required citizen participation requirements for this action plan.The City encouraged participation in developing and implementing the plan with not only low-and moderate- income persons but also with local and regional institutions,the Continuum of Care, businesses, developers, non-profits, community members, and faith based organizations.These include a minimum 30-day public comment period with a formal public hearing during that comment period.The City published legal notices in two local newspapers (Idaho Statesman and Meridian Press) and posted the PY20 Draft Action Plan on the City's website. Staff worked with the City's Communication Department to share information regarding the recommended projects and priorities for the upcoming year as well as the public comment period and public hearing.The Communication Department shares information via Facebook,Twitter, Instagram, Linkedln, Nextdoor, and a City-wide distribution list. CDBG staff also maintains a distribution list specific to those who have shown interest in CDBG and the same information was sent to that distribution list as well as several partner organizations distribution lists.All comments received were reviewed, acknowledged, and included as an attachment to this plan. The CDBG Public Service Scoring Committee was responsible for scoring, ranking, and providing funding recommendations for public service applications submitted.This Committee consisted of the following representatives: • Two (2)to four (4) Meridian residents; • One (1) Finance Department staff; • One (1) City Council member; • One (1) Community Development Department staff; and City of Meridian 19 1 P a g e Page 548 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan • One (1) Mayor's Office staff. As part of the scoring process, a member of the CoC reviews the public service applications and provides feedback on how the proposed projects meet the needs of the community and past history with the applying agency, if applicable. This multi-perspective approach to project funding recommendations allows the City to incorporate the viewpoints of a wide representation of interests throughout the community to better embody the needs of Meridian.The largest representation was intentionally Meridian residents to encourage the public to more actively participate in determining the path of the Program in the coming year. Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of Summary of Summary of comments URL(If response/attendance comments received not accepted applicable) and reasons Non- A public hearing was held at the City 1 Public Hearing targeted/broad update update community Council meeting on July 20. City of Meridian 20 Page 549 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Sort Order Mode of Outreach Target of Outreach Summary of Summary of Summary of comments URL(If response/attendance comments received not accepted applicable) and reasons Public meetings were held during the City Council meetings on July 6 and 20. Meetings included Non- presentations that 2 Public Meeting targeted/broad outlined the update update community applications received, funding recommendations, specific projects, and discussion by Council on the proposed projects. Legal notices were published in the Idaho Statesman and Meridian Press Non- Tribune newspapers 3 Newspaper Ad targeted/broad on June 11 that update update community described the public presentations, comment period, and hearing regarding this plan. City of Meridian 21 Page 550 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Sort Order Mode of Outreach Target of Outreach Summary of Summary of Summary of comments URL(If response/attendance comments received not accepted applicable) and reasons Notices of the public comment period and Non- sent out using the public hearing were 4 Internet Outreach targeted/broad update update community City's social media accounts (Facebook, Twitter, Instagram, Linkedln, Nextdoor). Minorities Notices of the public Persons with comment period and disabilities public hearing were sent out using Non- multiple distribution 5 Email targeted/broad lists including that of update update the Meridian CDBG community Program, Mayor's Residents of Public Office, Behavioral and Assisted Health Board, CoC and ACHA. Housing Table 4—Citizen Participation Outreach City of Meridian 22 Page 551 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Expected Resources AP-15 Expected Resources — 91.220(c)(1,2) Introduction The City of Meridian anticipates receiving$501,559 in CDBG funds for PY21 and will be reallocating an additional $95,687 in PY20 funds. The City will leverage staff time to complete projects implemented by the City. The majority of CDBG projects are implemented by subrecipients and the City expects funds to be leveraged with CDBG funds to improve the outcome of the project. Anticipated Resources Program Source of Uses of Funds Expected Amount Available Year 1 Expected Narrative Description Funds Annual Program Prior Year Total: Amount Allocation: Income: Resources: $ Available $ $ $ Remainder of ConPlan CDBG public- Acquisition The City will be reallocating $95,687 federal Admin and of PY20 funds. Planning Economic This is the final year of the Con Plan, Development so the City will not receive any Housing additional funding under this Con Public Plan. Improvements Public Services 501,559 0 95,687 597,246 0 Table 5-Expected Resources—Priority Table City of Meridian 23 p Page 552 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City of Meridian does not receive funding for HUD programs other than CDBG and there are no additional state or federal funds available to leverage for program activities.The City uses local funds to leverage staff time to implement all CDBG activities. The projects identified below anticipates leveraging the following resources: • Boys&Girls Club—private funds to administer the scholarship program and provide additional scholarships to those who are unable to access CDBG funding; • City of Meridian—local funds to pay staff salaries; • Jesse Tree of Idaho—private funds will be used to administer the program and provide additional assistance to those who are unable to access CDBG funding. City of Meridian 24 Page 553 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan There are currently no publically owned lands within Meridian that have been identified to specifically address needs of the Con Plan or the Action Plan. Discussion The City and its subrecipients will work to leverage funding and in-kind resources to help maximize the usage of CDBG funding. City of Meridian 25 Page 554 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator Order Year Year Area 1 Improve Accessibility 2017 2021 Non- Better Accessibility in CDBG: Public Facility or Infrastructure Homeless Meridian $336,246 Activities other than Special Needs Improve Accessibility Low/Moderate Income Housing in Meridian Benefit: 6205 Persons Assisted 2 Enhance 2017 2021 Affordable Improved Housing CDBG: Homeowner Housing Homeownership Housing Options and $171,000 Rehabilitated: 15 Household Opportunities Supportive Services Housing Unit Improved Weatherization of Housing Stock Better Accessibility in Meridian Housing Rehabilitation Opportunities Improve Accessibility in Meridian City of Meridian 261 Page 555 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator Order Year Year Area 3 Provide Social 2017 2021 Non- Improvements in CDBG: Public service activities other than Services Homeless Economic Stability $45,000 Low/Moderate Income Housing Special Needs Service Programs- Benefit: 100 Persons Assisted Low income Low Income and services Special Needs Improved Housing Options and Supportive Services 4 Administration and 2017 2021 Admin CDBG: Other: 0 Other Fair Housing 45,000 Activities Table 6—Goals Summary Goal Descriptions 1 Goal Name Improve Accessibility Goal The City will coordinate with City and local stakeholders to implement projects that will improve accessibility in LMI Description areas. 2 Goal Name Enhance Homeownership Opportunities Goal The City will provide funding to support LMI households obtain or maintain housing that is affordable to them. Description City of Meridian 27 Page 556 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan 3 Goal Name Provide Social Services Goal The City will address identified needs by providing local agencies with funding to provide necessary public services to Description LMI residents. 4 Goal Name Administration and Fair Housing Activities Goal The City will administer the Program, including collaboration with local entities to educate residents and landlords on Description fair housing rights and responsibilities. City of Meridian 28 Page 557 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Projects AP-35 Projects — 91.220(d) Introduction The City has allocated CDBG funds to projects that meet the priority needs and goals identified in the 2017-2021 Con Plan. Projects # Project Name 1 Homelessness Prevention and Stability 2 Youth Extended Care Scholarships 3 Homeowner Repair 4 Chateau Park All Abilities Playground and Pathway 5 Alternate: Peregrine Elementary Streetlights 6 Alternate: E. MHS/MMS Streetlights 7 Alternate: Homebuyer Assistance 8 Administration 9 Fair Housing Table 7- Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Projects were prioritized based on the needs identified in the 2017-2021 Con Plan, needs expressed in the PY21 CDBG competitive application process,and the experiences of the CDBG Scoring Committee. A common obstacle for public service projects is the lack of available funding to provide the necessary level of services.To address this,subrecipients will leverage other funding sources and utilize screening criteria to provide services to those with the highest level of need first. The main obstacle for housing projects in Meridian is related to the soaring housing market in Meridian and lack of affordable homes.The Homeowner Repair Program provides owner-occupied rehabilitation for those who already own homes they can afford in order to keep them stably housed. A potential obstacle to addressing the underserved needs is making the community aware of this program.The City will continue to assist the subrecipient with outreach for this program. The accessibility projects have the potential obstacle of rising construction costs, which is related to the soaring housing market. It is often difficult to find a contractor to complete smaller construction City of Meridian 29 1 Page 558 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan projects because there is such a demand for large construction projects right now. No obstacles have been identified for Administration and Fair Housing. City of Meridian 30 Page 559 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan AP-38 Project Summary Project Summary Information 1 Project Name Homelessness Prevention and Stability Target Area Goals Supported Provide Social Services Needs Addressed Improvements in Economic Stability Service Programs- Low Income and Special Needs Improved Housing Options and Supportive Services Funding CDBG: $25,000 Description Provide emergency payments for rent, mortgage, and/or utilities on behalf of LMI eligible individuals or families for the purpose of stabilizing housing and preventing homelessness. Target Date 9/30/2022 Estimate the 20 LMI households averaging 3 people per household who are at risk of number and type of homelessness. families that will benefit from the proposed activities Location Services will be offered in the community and at provider offices and Description will benefit households throughout Meridian. Services may also be provided virtually. Planned Activities (05Q) Subsistence Payments 2 Project Name Youth Extended Care Scholarships Target Area Goals Supported Provide Social Services Needs Addressed Improvements in Economic Stability Service Programs- Low Income and Special Needs Improved Housing Options and Supportive Services Funding CDBG: $20,000 Description Provide funding for LMI eligible youth to participate in before and after school programs as well as summer programs at a free or reduced cost. City of Meridian 31 Page Page 560 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Target Date 9/30/2022 Estimate the 40 LMI households with children under age 13. number and type of families that will benefit from the proposed activities Location Services will be provided at the Meridian Boys&Girls Club, located at Description 911 N. Meridian Road in Meridian. Planned Activities (05L) Child Care Services 3 Project Name Homeowner Repair Target Area Goals Supported Enhance Homeownership Opportunities Needs Addressed Improved Housing Options and Supportive Services Improved Weatherization of Housing Stock Better Accessibility in Meridian Housing Rehabilitation Opportunities Improve Accessibility in Meridian Funding CDBG: $171,000 Description The Homeowner Repair Program will improve the weatherization, accessibility and visitability of existing homes of LMI Meridian residents, making them safer and more economically sustainable. Target Date 9/30/2022 Estimate the 10 LMI households. number and type of families that will benefit from the proposed activities Location Services will be provided at NeighborWorks Boise offices located at 3380 Description W. Americana Terrace,Ste 120 in Boise and will benefit households throughout Meridian. Services may also be provided virtually. Planned Activities (14A) Rehabilitation:Single-Unit Residential 4 Project Name Chateau Park All Abilities Playground and Pathway Target Area City of Meridian 32 Page 561 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Goals Supported Improve Accessibility Needs Addressed Better Accessibility in Meridian Improve Accessibility in Meridian Funding CDBG: PY21$240,559 PY20$95,687 Description Replace existing playground in Chateau Park with an all abilities playground to offer recreational opportunities to children with disabilities. This project will also create a pathway that connects the park to LMI neighborhoods to the north and west that do not have amenities. Target Date 9/30/2022 Estimate the An estimated 2,068 households with an average of three people per number and type of household who reside in an LMI area. families that will benefit from the proposed activities Location 2640 W Chateau Drive, Meridian Description Planned Activities (03F) Parks, Recreational Facilities 5 Project Name Alternate: Peregrine Elementary Streetlights Target Area Goals Supported Improve Accessibility Needs Addressed Better Accessibility in Meridian Improve Accessibility in Meridian Funding CDBG: $125,000 Description Design and install and/or upgrade streetlights in LMI area. This is a backup project. Target Date 9/30/2022 Estimate the An estimated 2,222 households with an average of 3 people per number and type of household who reside in an LMI area. families that will benefit from the proposed activities City of Meridian 33 Page 562 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Location Landing Subdivisions No. 1,2,3,4 and 7 Description Planned Activities (03K)Street Improvements 6 Project Name Alternate: E. MHS/MMS Streetlights Target Area Goals Supported Improve Accessibility Needs Addressed Better Accessibility in Meridian Improve Accessibility in Meridian Funding CDBG: $125,000 Description Design and install and/or upgrade streetlights in LMI area. This is a backup project. Target Date 9/30/2022 Estimate the An estimated 1,162 households with an average of 3 people per number and type of household who reside in an LMI area. families that will benefit from the proposed activities Location Neighborhoods to the east and south of Meridian Middle School Description extending to Meridian Road and Pine Avenue Planned Activities (03K)Street Improvements 7 Project Name Alternate: Homebuyer Assistance Target Area Goals Supported Enhance Homeownership Opportunities Needs Addressed Homeownership Opportunities: 80-120 Percent of AMI Down Payment Assistance Opportunities Funding CDBG: $65,000 Description Provide assistance for eligible LMI persons to purchase homes in Meridian,with preference being given to public housing residents. Assistance will include down payment assistance, closing costs, and other eligible activities. Target Date 9/30/2022 City of Meridian 341 Page Page 563 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Estimate the 2 LMI households purchasing a home in Meridian. number and type of families that will benefit from the proposed activities Location Services will be provided at NeighborWorks Boise offices located at 3380 Description W. Americana Terrace,Ste 120 in Boise and will benefit households throughout Meridian. Services may also be provided virtually. Planned Activities (13B) Homeownership Assistance 8 Project Name Administration Target Area Goals Supported Administration and Fair Housing Activities Needs Addressed Funding CDBG: $42,000 Description This project will conduct activities that relate to the administrative, planning, and technical assistance for the CDBG program during PY21. Target Date 9/30/2022 Estimate the n/a number and type of families that will benefit from the proposed activities Location Administration office is located in Meridian City Hall at 33 E. Broadway Description Ave. suite 102. Planned Activities Administration and Planning 9 Project Name Fair Housing Target Area Goals Supported Administration and Fair Housing Activities Needs Addressed Funding CDBG: $3,000 City of Meridian 35 Page 564 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Description This project will carry out activities that relate to fair housing. At a minimum, CDBG funds will be used to implement a Fair Housing Campaign in April. Other opportunities to promote fair housing activities will be evaluated as they arise. Target Date 9/30/2022 Estimate the n/a number and type of families that will benefit from the proposed activities Location The Fair Housing Campaign will be promoted via television, radio, and Description social media. Planned Activities (211D) Fair Housing Activities City of Meridian 36 Page 565 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan AP-50 Geographic Distribution - 91.220(o Description of the geographic areas of the entitlement(including areas of low-income and minority concentration) where assistance will be directed The City of Meridian's basis for allocating public service and housing projects is geographically delineated within its municipal boundaries. Funding is determined by meeting national objectives, qualifying eligible activities, and through a competitive application process.The City does not specify target areas by census tract or block group.The use of CDBG funding is not pre-determined on areas of low-and moderate- income concentration or racial characteristics. Service agencies providing CDBG funded services are primarily located in Boise; however, low-and moderate-income clients served reside in Meridian. Area benefit activities benefit at least one of the four (4) census tracts that fall within Meridian's LMI area,which include census tracts: 0103.21; 0103.22; 0103.31; and 0103.35. Geographic Distribution Target Area Percentage of Funds n/a n/a Table 8-Geographic Distribution Rationale for the priorities for allocating investments geographically Meridian has not identified a target area. Discussion The City allocates funds to assist low-to moderate-income (LMI) Meridian residents without targeting or prioritizing specific geographic locations outside of the LMI area for area benefit projects per HUD guidelines. Affordable Housing AP-55 Affordable Housing - 91.220(g) Introduction The City of Meridian dedicates funding to providing LMI Meridian residents with affordable housing. One Year Goals for the Number of Households to be Supported Homeless 0 City of Meridian 37 1 Page 566 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan One Year Goals for the Number of Households to be Supported Non-Homeless 15 Special-Needs 0 Tota 1 15 Table 9-One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 15 Acquisition of Existing Units 0 Tota 1 15 Table 10-One Year Goals for Affordable Housing by Support Type Discussion For homeowner rehabilitation,subrecipient(s) will utilize funding to assist homeowners with emergency repairs, accessibility,weatherization,and similar eligible projects to improve the safety and livability of their homes. AP-60 Public Housing - 91.220(h) Introduction The City of Meridian is served by the Ada County Housing Authority(ACHA),who administers the Homeownership Voucher Program, Housing Choice Voucher, Mainstream Voucher, as well as managing the Family Self Sufficiency Program. Actions planned during the next year to address the needs to public housing As part of the City's overall Comprehensive Plan, Meridian has identified a goal of offering a diversity of housing types for all economic levels throughout the City.To accomplish this goal, Meridian encourages quality housing projects for all economic levels throughout the city.The City supports a variety of residential categories (low-, medium-, medium-high and high-density single family, multi-family, townhouses, duplexes, apartments,condominiums,etc.)for the purpose of providing the City with a range of opportunities to provide housing that is affordable to all. In spite of these efforts,ACHA has identified a lack of affordable units as one of the barriers to eligible renters and potential homeowners. Meridian is one of the towns within Ada County, which ACHA serves. ACHA has a 72%success rate, whereas the national average is typically a 65-69%success rate. This leaves an estimated 28%of households receiving Housing Choice Vouchers (HCV) in Ada County unable to identify housing within City of Meridian 38 Page 567 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan 120 days, requiring them to relinquish the voucher and return to the waiting list. There are many reasons a participant may not be able to identify a housing unit including: • Landlords feel there is too much "red tape" associated with the vouchers; • Rents in this community are often above the fair market rents HUD allows; • Misperception that voucher holders make bad tenants; • Poor credit/rental history or criminal background may make some ineligible; or • Lack of units that will accommodate larger families. The City will continue to collaborate with ACHA,the CoC, and other partners during PY21.The City is in the process of updating its Strategic Plan,which will includes tasks related to housing affordability. Actions to encourage public housing residents to become more involved in management and participate in homeownership ACHA encourages public housing residents to participate in homeownership by: • Referring families interested in homeownership to first-time homebuyer workshops covering the following topics: benefits of and preparation for homeownership,credit analysis, FICO scoring methodology, mortgage types and requirements, private mortgage insurance, loan-to- value ratio, down payment assistance programs, escrow and title process, property taxes, home maintenance, and homeowner responsibilities. • Providing one-on-one meetings with a Homeownership Coordinator to determine short-and long-term goals in obtaining homeownership and to make a plan to reduce any barriers that need to be addressed. • Collaborating with nonprofit partner agencies, lenders, and realtors in the delivery of counseling services for low-to moderate-income first-time homebuyers in the FSS/HCV programs. Expanding partnerships with community organizations, lending institutions, and real estate professionals. • Actively marketing the Homeownership Assistance program to existing voucher holders through quarterly newsletters and attending the annual recertification meetings for voucher holders to explain the programs. If the PHA is designated as troubled, describe the manner in which financial assistance will be City of Meridian 39 Page 568 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan provided or other assistance ACHA is not a troubled PHA. Discussion The City is committed to helping LMI households access necessary services and homeownership as desired through a variety of methods. AP-65 Homeless and Other Special Needs Activities — 91.220(i) Introduction The City coordinates with the Boise City/Ada County Continuum of Care (CoC) and the Region 4 Behavioral Health Board (BHB)to identify the strategies to address needs of those who are at risk of or currently experiencing homelessness. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City of Meridian has been a member of the CoC for the last six years to better understand and coordinate the needs that Meridian residents who are currently or at risk of experiencing homelessness face and how to better serve them. In addition, City representatives are frequently involved in public discussions, presentations, and meetings with citizens, other government officials, and local service providers including West Ada School District,Jesse Tree, and CATCH to provide support, understanding, and outreach to those who are experiencing homelessness in Meridian. In previous years,the City worked with the CoC to add data points to the CoC's Homeless Management Information System (HMIS)to enable the City to determine how many Meridian residents are experiencing homelessness and the reasons for their housing crisis.This data and information was evaluated while developing the PY21 Action Plan to better inform strategies and partnerships for the City to implement. The City is committed to serving the individual needs of Meridian's homeless population as identified by the CoC and local organizations. The City has also worked with the CoC to conduct the annual Point-in-Time Count,which helps determine the number of people who are experiencing homelessness on a given day.This information allows the City to understand the level of homelessness in Meridian and to develop a program that better serves those in need.The City will continue to assist with this process in upcoming years. City of Meridian 40 1 Page 569 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan The City intends to continue to use its partners to identify, understand, and support those experiencing homelessness (especially persons experiencing unsheltered homelessness) or at risk of homelessness with special needs in Meridian. Addressing the emergency shelter and transitional housing needs of homeless persons While there are emergency shelter and transitional housing facilities located in other nearby cities in the Treasure Valley, none of these facilities are located within City of Meridian. The City has prioritized funding homelessness prevention to mitigate the need for these services, but also works with the CoC to assist Meridian residents who are in need of emergency shelter. The City encourages agencies who provide these services to apply for CDBG funding, but there were no applications during PY21 for projects directly related to emergency shelters or transitional housing projects. However, all services to be funded are available to those who qualify. Helping homeless persons (especially chronically homeless individuals and families,families with children,veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City will provide funding to NeighborWorks Boise to assist with homeowner repairs to Meridian residents with a low-and moderate-income to keep them in housing they can afford. In addition, Meridian's work with Jesse Tree has helped provide rental and case management services aimed at preventing and resolving needs for those currently experiencing homelessness or at risk of homelessness in Meridian. The partnerships that the City has with local committees, organizations, and networks in evaluating, understanding, and addressing the many needs of Meridian residents experiencing homelessness include Meridian Police Department,Ada County Sheriff's Office, City of Boise, City of Nampa, City of Caldwell,Women's and Children's Alliance,Jesse Tree, Boys&Girls Clubs of Ada County,West Ada School District, CATCH,Ada County Housing Authority, Local HUD office, CoC, Meridian Food Bank, United Way, NeighborWorks Boise, IHFA,Terry Riley, EI-Ada Community Action, Our Path Home Connect, and many others.These partnerships are extensive and ongoing in order to help address and prevent homelessness in Meridian. These efforts, particularly coordination and participation with CATCH and the CoC, are designed to assist local service providers in helping persons experiencing homelessness make the transition to permanent housing and independent living while shortening the time individuals and families experience City of Meridian 41 Page 570 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan homelessness. In addition,the City's relationships with ACHA, CATCH,and Jesse Tree are aimed to develop activities through the Program that facilitate access for individuals and families experiencing homelessness to affordable housing units while also preventing individuals and families from becoming homeless. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The City is involved in the CoC,which is comprised of representation from ACHA, Health and Welfare, mental health service providers and other service agencies, including law enforcement and correctional agencies.The CoC coordinates, collects data, reviews data,and prioritizes strategies based on data and input from providers. Coordinated entry serves all communities within Ada County and case conferencing is conducted weekly. The City is also involved in the Behavioral Health Board (BHB),which focuses on mental health and substance use disorders.The BHB is a government entity established by the Idaho legislature in 2014 to advise Idaho's behavioral health authority, identify gaps, and promote improvements to the delivery of integrated services for behavioral health in Idaho.The Board promotes and supports prevention, intervention, recovery and resiliency for individuals and families in need. It is composed of 23 stakeholders, advocates, and professionals across the continuum of care. Involvement with this group allows the City to understand the broader needs of the community as related to behavioral health in general and specifically for those who are being discharged from institutional settings such as mental health facilities and corrections programs. During PY21 the City will also provide funding to Jesse Tree to keep families, individuals, and children who are at risk of eviction stably housed. Meridian partners with other organizations,such as the West Ada School District,to assess needs and provide services for those at risk of becoming homeless. Discussion Much of the work funded through the Program is directed at housing stability for Meridian's LMI residents. In addition to the services previously mentioned,the City is focusing on public transportation for seniors,ADA compliance improvements to public facilities, and public facility improvements such as sidewalk and streetlight improvements in LMI areas to meet the needs of those in the community who City of Meridian 42 Page 571 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan may or may not be experiencing homelessness. AP-75 Barriers to affordable housing - 91.220a) Introduction: Section V of the Consolidated Plan and Fair Housing Assessment analyzes public and private barriers to housing choice in Meridian. Stakeholders were also interviewed about housing barriers. Barriers associated with tax policies, land use controls and zoning, building codes,fees and charges,growth limits, and policies affecting the return on residential investment were not identified as barriers. On the contrary,the review found a favorable environment for development and a migration toward more diverse housing types. As such,the actions summarized below do NOT address the negative effects of public policies that serve as barriers to affordable housing(policies, procedures, processes). Instead,they focus on actions that address other types of identified barriers. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls,tax policies affecting land, zoning ordinances, building codes, fees and charges,growth limitations, and policies affecting the return on residential investment The City has expressed a commitment to creating more diverse housing types through its redevelopment plan for downtown.The Destination Downtown plan states that creating diverse housing opportunities for different housing needs and life-cycles in downtown Meridian is important to support new businesses and activity.A healthy housing mix will also help to draw people downtown and ensure 24-7 activity. Housing created or redeveloped as part of the downtown plan is expected to include apartments,townhomes, condominiums,duplexes, and single-family homes.The City helped facilitate multiple RFPs over the past several years for a large portion of the publicly-owned properties in downtown Meridian with a priority given to proposals that focused on developing mixed use and high- density housing. One project that was awarded, Downtown Lofts,will bring several affordable units to downtown Meridian including six(6)that will be dedicated to CATCH participants.This project is expected to be completed in 2021. In 2017,to evaluate potential fair housing concerns within the City's zoning code, the City had BBC Consulting utilize a "Review of Public Policies and Practices (Zoning and Planning Codes)"form recently circulated by the Los Angeles fair housing office of HUD.The research did not reveal any negative effects of public policies that serve as barriers to affordable housing. This includes land use controls,tax policies affecting land,zoning ordinances, building codes,fees and charges,growth limitations, and policies City of Meridian 43 Page 572 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan affecting returns on residential investment. Additionally,the City continues to review of potential policy and code changes that will incentivize the future development of multi-family and affordable housing units in Meridian. Discussion: The City will continue to identify areas to reduce barriers t affordable housing. AP-85 Other Actions - 91.220(k) Introduction: This section discusses the Other Actions the City will take to address the needs of low-income residents. Actions planned to address obstacles to meeting underserved needs The City will continue to engage in conversations with neighboring communities and service providers to identify and address underserved needs, maintain affordable housing,and reduce the number of families living in poverty. During PY21,the City has allocated funding to provide housing stability for those at risk of homelessness and extended care programs that offer youth a positive place to go. Additionally,the Economic Development Administrator works closely with the CDBG program in an effort to better align the needs of our residents. The City will increase relationships with private providers, developers, and social services providers to reduce the obstacles for Meridian residents to achieve decent housing,a suitable living environment, and expanded economic opportunities. Actions planned to foster and maintain affordable housing The City intends to partner with local service providers that will assist in fostering and maintaining affordable housing. Projects funded during PY21 will provide: emergency assistance to families who are at risk of eviction and homelessness; assistance for homeowners to make necessary improvements to maintain their current housing; and, scholarships for children to participate in extended care programs so their caregivers can work.Additionally,the City will be working with service providers that focus on providing stability to those with mental health and/or substance use disorders to allow them to gain or maintain affordable housing with access to care coordination. The City will also explore additional partnerships—including partnerships with mission-driven and City of Meridian 44 1 Page 573 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan private developers—to bring more workforce housing into downtown and underutilized land parcels. The City collaborates with the Economic Development Administrator to explore the development of workforce housing and opportunities for residents to increase their income in an effort to foster and maintain affordable housing. Actions planned to reduce lead-based paint hazards Over the course of the upcoming program year,the City will provide information regarding lead-based paint hazards to educate the public and continue to gauge the prevalence of lead paint contamination within the City. There is a wealth of information already available from HUD,the State, neighboring communities, and various organizations that staff will gather and make available at City Hall,on the City's website, and at other locations throughout the community as needed. Additionally, City staff has reached out to CDH staff to ensure they have a contact person if lead-based paint hazards arise. Actions planned to reduce the number of poverty-level families The City will fund projects to assist poverty-level individuals and families access services that provide a support system and allow them to focus on the steps they need to take to improve their living situation. Projects include programs that provide emergency assistance to families who are at risk of homelessness and housing cost assistance for residents unable to cover the full costs of home purchases.The City's Strategic Plan also intends to address poverty-based issues through the expansion of necessary public services and the expansion of quality employment opportunities for the jurisdiction's LMI population. As part of its Strategic Plan,the City is working on an in-depth socioeconomic profile of the City to help identify the needs of community members as it pertains to housing,finances,food, education, healthcare, and transportation. Completing this research will allow the City to better understand the factors that are contributing to residents who are facing poverty in Meridian, as well as help define solutions that could help mitigate those factors.The City's hope is that this research will provide long- term insights and strategies to reduce the number of poverty-level families in Meridian. Actions planned to develop institutional structure In recent years the City made the CDBG Administrator position a full-time position and changed the position title to Community Development Program Coordinator.This position is now funded out of the City's general fund.This institutional change is designed to provide more time to effectively manage the CDBG program and provide flexibility for the position to expand efforts into economic and other areas that can help meet the community development needs of the City. Staff will continue to work to attain relevant and appropriate professional development trainings during the program year to learn and address current and future institutional problems. Discussions will continue about the expansion and City of Meridian 45 Page Page 574 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan opportunities to add new program staff to assist in this community development work. The City has been involved in the institutional restructuring of the CoC as well as the implementation of new HMIS and Coordinated Entry standards for service providers in the County.These activities have dramatically altered the institutional framework of housing and other service providers in the region and has improved the efficiency and transparency of the coordinated work being done to address these needs.The City hopes to identify new institutional structures that can be developed, reformed or changed to better support the needs of those most at risk in the region (e.g. transitional and emergency housing networks). Actions planned to enhance coordination between public and private housing and social service agencies City staff will be working with the CoC to identify ways to enhance coordination between public and private housing and social service agencies.As in many communities,there is not enough funding to provide the level of services we'd like so the CoC plans to identify a way of coordinating services that are available and reducing duplication of services for a more effective use of funding. Multiple methods will be explored including phone apps and enhancing services that are already available. The City's partnership and funding relationship with local housing service organizations including NeighborWorks Boise,Jesse Tree, and Ada County Housing Authority will continue to expand in this program year. In addition,coordination with other organizations like CATCH, Boise Rescue Mission, Interfaith Sanctuary,Terry Reilley, EI-Ada Community Action,Jannus, Idaho Office for Refugees,Agency for New Americans,Women's and Children's Alliance, and all members associated with the local CoC (including private housing developers)will continue to be built upon to improve networks, coordination, and problem solving in the jurisdiction. Meridian's participation in the local CoC, housing and homelessness roundtables, and other regional coordination efforts outlines the City's continued action plan for enhancing the networking and coordination between public and private housing and social service agencies. Discussion: The City intends to fund multiple projects that will improve access to affordable housing and suitable living environments for Meridian residents. Staff will be working with subrecipients to identify barriers within their programs and find ways to address them to provide more effective services. Staff will also City of Meridian 46 Page 575 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan identify ways to improve and expand Meridian's CDBG Program for future years. Program Specific Requirements AP-90 Program Specific Requirements — 91.220(l)(1,2,4) Introduction: Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table.The following identifies program income that is available for use that is included in projects to be carried out. 1.The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2.The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3.The amount of surplus funds from urban renewal settlements 0 4.The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5.The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1.The amount of urgent need activities 0 2.The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit-A consecutive period of one,two or three years may be used to determine that a minimum overall benefit of 70%of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% The City's certification period includes program years 2021, 2022, and 2023. Outside of admin and fair housing,the City will allocate all funding for PY21 to LMI projects. The City commits to meet the 70% LMI benefit requirement of the federal CDBG program over the span of that three-year certification period. City of Meridian 47 1 Page 576 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Attachments City of Meridian 48 Page Page 577 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Citizen Participation Comments To be included once they are received. City of Meridian 49 Page 578 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Grantee Unique Appendices Public Notice Idaho Statesman Meridian Press Tribune Website Email to distribution list City of Meridian 50 Page Page 579 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan Resolution Will be included when received. City of Meridian 51 Page Page 580 Item#26. Community Development Block Grant(CDBG) PY21 Action Plan SF 424s and Certifications Will be included when received. City of Meridian 52 Page Page 581 Item#27. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Transportation Commission: Pathway Crossing Concerns Page 582 Item#27. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Agenda Topic on the City Council Agenda From: Meridian Transportation Commission Date: June 2, 2021 Presenter: Walter Steed, Chair&Ryan Lancaster, Commissioner Estimated Time: 15 minutes Topic: Transportation Commission: Pathway Crossing Concerns The Meridian Transportation Commission recommends that Meridian City Council request ACHD to look at redesign of multiuse pathway and sidewalk crossings. Meridian staff have expressed concerns with ACHD staff about new designs placing pathway crossings behind and between cars at street intersections and the visibility conflicts it creates.ACHD staff responded recently that they are acting as they have been directed and any changes will have to come from the executive level. As such, Meridian staff brought their concerns forward to the Transportation Commission. In May 2021,the Meridian Transportation Commission discussed the pathway crossing in the 95% design for Lake Hazel Road and Eagle Road. After discussion of staff concerns, reflection of past Commission discussions, and review of the example in this project at E Levin Dr, the Commission felt that the issue warranted closer review. As there are no similar urban examples, there is concern with committing to a treatment without testing/experiencing it first.While this treatment may make sense in certain conditions, staff is not convinced that residential corridors, with distractions such as landscaping, are the appropriate 66 I 1II\I R34717' (R,11%"-iP WR266-"67 1248 4ta - 3 6'37 3S1r 35R 0 +6/ ! J 2C'Rt. R/L 21L 110 14'Lt. P/L P/L 3 5.5 5Lt. 28 Lt. 39+00 40+ao1_ 41+00 R3.5"TI 1 CAl�� C�AAI'1 9 135 1 +16 Rt. N fiRt. 7. 1-96 fi R. I 19 EP p/LT _ 18 _—— ___ ..5. 5, 21 \ IIII 6� rTt `� — z m c� o p h� rr ® =z u 2 m 2 z C n m e r I 3R R" s m 24,12P 0x3iC 47 R3-17 i m 1-15 IE3- b 24"x16 R3-17 30=30" 3 s12" fib Sta.40+44 31.5'Lt' t6. 39+22 38'RL S y 24"Igl' 47 L I I Sta,3+fi7 46'11. 31.5'Lt 66 ! ((�',,�, W11-15 EAGLE ROAD — NORTH LEG 3o"x3° es 2 '-4' 12 St' 39+87 79'Rt- P Page 583 Item#27. settings for setback crossings. Bike and especially pedestrian supportive designs are very sensitive to perception, and human behavior can have significant implications on function. In the Lake Hazel Road and Eagle Road design shown, you can see the crossing is pulled back from the intersection. The perceived benefit is to allow vehicles to approach without blocking the crossing. However,a vehicle may still just as easily block the crosswalk,and if done,this negates the benefit of the design. It is possible signage, striping, or some other means of education could improve this, but drivers do not typically leave crosswalks open, unless pedestrians are already seen in them or they are beyond marked stop lines. Another concern is human behavior. People take shortcuts; especially pedestrians.You can see this in many poorly designed public spaces. Worn "cow paths" can often be seen through a grassy area, because the sidewalk was in a location determined less convenient to the target destination. People will often go to greater lengths to circumvent a process or design,than would otherwise be required to just adhere to it. People (bikes and pedestrians) might cross where a ramp is normally located, and also at the new setback location. You would then have multiple points of conflict, upset expectations, and reduced awareness of all. This could possibly be improved with additional controls for crossing, but they do not exist in the design. Lastly, landscaping, fencing, utility poles, and traffic signs all exist and complicate a driver's ability to perceive pedestrians. That's compounded when looking for pedestrians that are further from a driver's area of focus and normal expectations. There may be some well-founded reasons why all of these concerns are less important than a more pressing design consideration,but it's not been made evident to the Transportation Commission or Planning staff. Thank you for considering bringing this to ADHD's attention. P Page 584