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2021-11-23 Regular
City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, November 23, 2021 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Brad Hoaglun Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman Joe Borton Councilman Treg Bernt PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the October 19, 2021 City Council Regular Meeting 2. Approve Minutes of the November 9, 2021 City Council Work Session 3. Approve Minutes of the November 9, 2021 City Council Regular Meeting 4. Final Plat for Hill’s Century Farm Commercial No. 2 (FP-2021-0055) by Brighton Development, Inc., Located on the South Side of E. Amity Rd., Approximately 1/4 Mile East of S. Eagle Rd. 5. Findings of Fact, Conclusions of Law for Intermountain Wood Products Expansion (H-2021-0042) by Kent Brown Planning Services, Located at 255, 335, 381, and 385 S. Locust Grove Rd. and 300 and 330 S. Adkins Way 6. Amended Findings of Fact, Conclusions of Law for McFadden Property (H-2021- 0048) by Doug Tamura, Located at 104 W. Cherry Ln. 7. First Amendment to Professional Services Agreement Between the City of Meridian and Trauma Intervention programs, Inc. (TIP) 8. Task Order 10650.e for Well 31 Water Treatment Facility to J-U-B Engineers for the Not-to-Exceed Amount of $257,050.00 9. Resolution no. 21-2297: A Resolution of the Mayor and the City Council of the City of Meridian, Directing the City Clerk to Enter in Meridian City Council Meeting Minutes the Tabulation of Votes and Election Results for Meridian City Council Seats 2, 4, and 6, Pursuant to Idaho Code Section 50-412; and Providing an Effective Date 10. Police Department: Fiscal Year 2022 Net-Zero Budget Amendment in the Amount of $43,000.00 for Traffic Enforcement Grant 11. City of Meridian Financial Report - October Fiscal Year 2022 ACTION ITEMS 12. Public Hearing and Second Reading of Ordinance No. 21-1954: An Ordinance of the City Council of the City of Meridian, Idaho, Approving the (Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to County and State Officials and the Affected Taxing Entities; Providing Severability; Approving the Summary of the Ordinance; and Providing an Effective Date Continued to November 30, 2021 Motion to continue to November 30, 2021 made by Councilman Hoaglun, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener 13. Public Hearing and Second Reading of Ordinance No. 21-1956: An Ordinance of the City Council of the City of Meridian, Idaho, Approving the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project, Which First Amendment Seeks to Annex Certain Parcels to the Existing Union District Project Area; Which First Amendment Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to County and State Officials and the Affected Taxing Entities; Providing Severability; Approving the Summary of the Ordinance; and Providing an Effective Date Continued to November 30, 2021 Motion to continue to November 30, 2021 made by Councilman Hoaglun, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener 14. Public Hearing for Fast Eddy's at Eagle (H-2021-0068) by Steve Eddy, Located at 3775 N. Eagle Rd. Continued to November 30, 2021 A. Request: Modification to the Existing Development Agreement (H-2018- 0006 - Inst. #2018-042029) to remove the requirement for the driveway along the west side of the retail store to be extended to the north property boundary for future extension and interconnectivity in accord with UDC 11- 3A-3A; and a cross-access/ingress-egress easement to be provided to the property to the north (Parcel #R4582530202, 13984 W. Jasmine Ln.). Motion to continue to November 30, 2021 made by Councilman Hoaglun, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener 15. Public Hearing Continued from October 19, 2021 for Regency at River Valley Phase 3 (H-2021-0059) by Bach Homes, Located at 3270 and 3280 E. River Valley St. and 2480 N. Eagle Rd. Continued to November 30, 2021 A. Request: Request: Modification to the existing Development Agreements (Inst. #113005608 – SGI and Inst. #2020-062947 – Bach Storage) to remove the property from the existing agreements and create one new agreement for the development of a 134-unit multi-family project. Motion to continue to November 30, 2021 made by Councilman Hoaglun, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener ORDINANCES 16. Ordinance 21-1952A: An AMENDED Ordinance (H-2021-0048 – Mcfadden Property) For Annexation of Portion of The East ½ of the SE ¼ of the SE ¼ of Section 1, Township 3 North, Range 1 West, Ada County, Idaho, and Being More Particularly Described in Attachment “A” and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to The Corporate Limits of the City of Meridian as Requested By the City Of Meridian; Establishing and Determining the Land Use Zoning Classification of 20.45 Acres of Land from Rut To C-C (Community Business) Zoning District in the Meridian City Code; Providing That Copies of This Ordinance Shall Be Filed With the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, As Required By Law; And Providing For a Summary of the Ordinance; and Providing For a Waiver of the Reading Rules; and Providing an Effective Date. Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener ADJOURNMENT 6:13 pm Item#2. Meridian City Council November 23, 2021. A Meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, November 23, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Joe Borton and Treg Bernt. Also present: Chris Johnson, Bill Nary, Bill Parsons, and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader Joe Borton _X_ Brad Hoaglun Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: For the record it is Tuesday, November 23rd. It's 6:05 p.m. We will begin this evening's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us in the Pledge. (Pledge of Allegiance recited.) ADOPTION OF AGENDA Simison: Okay. Next item is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just to note, we have added two items to the agenda for this evening. We have Item No. 6 under the Consent Agenda and Item No. 17 under Ordinances. So, with that, Mr. Mayor, I move adoption of the agenda as amended. Cavener: I will second the motion. Strader: Second. Simison: Was that a second? Did I have a second? Page 87 Meridian City Council Item#2. November 23,2021 Page 2 of 8 Cavener: Second. Strader: Mr. Mayor, that was Liz. And Luke. Simison: Okay. We have a second. Would the motion maker like to be recognized again? We have -- Hoaglun: Mr. Mayor, yes, there was an item added on No. 6 under the Consent Agenda and Item No. 16 under ordinances. Simison: Okay. Does the second agree? You said 17 before. Hoaglun: Oh. Sorry about that. No. 16. Sorry. Cavener: Mr. Mayor, this is Council Member Cavener. If I'm recognized as the second, then, I agree. Simison: Okay. We do have you down as the second on that. So, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted as amended. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the October 19, 2021 City Council Regular Meeting 2. Approve Minutes of the November 9, 2021 City Council Work Session 3. Approve Minutes of the November 9, 2021 City Council Regular Meeting 4. Final Plat for Hill's Century Farm Commercial No. 2 (FP-2021-0055) by Brighton Development, Inc., Located on the South Side of E. Amity Rd., Approximately 1/4 Mile East of S. Eagle Rd. 5. Findings of Fact, Conclusions of Law for Intermountain Wood Products Expansion (H-2021-0042) by Kent Brown Planning Services, Located at 255, 335, 381, and 385 S. Locust Grove Rd. and 300 and 330 S. Adkins Way 6. Amended Findings of Fact, Conclusions of Law for McFadden Property (H-2021-0048) by Doug Tamura, Located at 104 W. Cherry Ln. 7. First Amendment to Professional Services Agreement Between the City of Meridian and Trauma Intervention programs, Inc. (TIP) Page 88 Meridian City Council Item#2. November 23,2021 Page 3 of 8 8. Task Order 10650.e for Well 31 Water Treatment Facility to J-U-B Engineers for the Not-to-Exceed Amount of $257,050.00 9. Resolution No. 21-2297: A Resolution of the Mayor and the City Council of the City of Meridian, Directing the City Clerk to Enter in Meridian City Council Meeting Minutes the Tabulation of Votes and Election Results for Meridian City Council Seats 2, 4, and 6, Pursuant to Idaho Code Section 50-412; and Providing an Effective Date 10. Police Department: Fiscal Year 2022 Net-Zero Budget Amendment in the Amount of$43,000.00 for Traffic Enforcement Grant 11. City of Meridian Financial Report - October Fiscal Year 2022 Simison: There were no -- there was a change to the Consent -- were they -- Mr. Nary, did the Consent Agenda -- I thought I heard him say a change to add No. 6 to the Consent Agenda. Nary: There was the one, No. 6. You are correct. Simison: Okay. So, the Consent Agenda has been -- had an item No. 6 added to it. So, do I have a motion on the Consent Agenda? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the Consent Agenda as amended and for the Mayor to sign and Clerk to attest. Perreault: Mr. Mayor, this is Council Woman Perreault. I second that. 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 as amended is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. ACTION ITEMS 12. Public Hearing and Second Reading of Ordinance No. 21-1954: An Ordinance of the City Council of the City of Meridian, Idaho,Approving Page 89 Meridian City Council Item#2. November 23,2021 Page 4 of 8 the (Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to County and State Officials and the Affected Taxing Entities; Providing Severability; Approving the Summary of the Ordinance; and Providing an Effective Date Simison: So, we will move into our Actions Items for this evening. The first item up is Item 12, a public hearing and second reading of Ordinance No. 21-1954. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we -- Simison: Let me -- I guess we need to open the public hearing for this item. Okay. Okay. Councilman Hoaglun. Hoaglun: Mr. Mayor, I move we continue Item 12, public hearing for Ordinance No. 21- 1954 to the hearing date of November 30th, 2021. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Council Woman Perreault. I second that motion. Simison: Okay. I have a motion and a second to continue this item to November 30th, 2021. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item is continued. MOTION CARRIED: FOUR AYES. TWO ABSENT. 13. Public Hearing and Second Reading of Ordinance No. 21-1956: An Ordinance of the City Council of the City of Meridian, Idaho,Approving the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project, Which First Amendment Seeks to Annex Certain Parcels to the Existing Union District Project Area; Which First Amendment Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to County and State Officials and the Affected Taxing Entities; Providing Severability; Approving the Summary of the Ordinance; and Providing an Effective Date Page 90 Meridian City Council Item#2. November 23,2021 Page 5 of 8 Simison: Next item up is Item 13 a public hearing and second reading of Ordinance No. 21-1956. Do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we continue Item 13, the public hearing for Ordinance No. 21-1956 to the hearing date of November 30th, 2021. Perreault: Mr. Mayor, this is Council Woman Perreault. I second that motion. Simison: I have a motion and a second to continue the public hearing until November 30th, 2021. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item is continued. MOTION CARRIED: FOUR AYES. TWO ABSENT. 14. Public Hearing for Fast Eddy's at Eagle (H-2021-0068) by Steve Eddy, Located at 3775 N. Eagle Rd. A. Request: Modification to the Existing Development Agreement (H- 2018-0006 - Inst. #2018-042029) to remove the requirement for the driveway along the west side of the retail store to be extended to the north property boundary for future extension and interconnectivity in accord with UDC 11-3A-3A; and a cross-access/ingress-egress easement to be provided to the property to the north (Parcel #R4582530202, 13984 W. Jasmine Ln.). Simison: Next item up is Item 14, the public hearing for Fast Eddy's at Eagle, H-2021- 0068. 1 will open this public hearing and do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we continue Item 14, public hearing for Fast Eddy's at Eagle, H -- at Eagle Road, H-2021-0068, to the hearing date of November 30th, 2021. Perreault: Mr. Mayor, this is Council Woman Perreault. I second that motion. Simison: I have a motion and a second from Council Woman Perreault to continue this item until November 30th, 2021. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the hearing is continued. MOTION CARRIED: FOUR AYES. TWO ABSENT. Page 91 Meridian City Council Item#2. November 23,2021 Page 6 of 8 15. Public Hearing Continued from October 19, 2021 for Regency at River Valley Phase 3 (H-2021-0059) by Bach Homes, Located at 3270 and 3280 E. River Valley St. and 2480 N. Eagle Rd. A. Request: Request: Modification to the existing Development Agreements (Inst. #113005608 — SGI and Inst. #2020-062947 — Bach Storage) to remove the property from the existing agreements and create one new agreement for the development of a 134-unit multi-family project. Simison: Next item up is a public hearing that was continued from October 19th, 2021 , for Regency At River Valley Phase 3, H-2021-0059. Do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, I move we continue Item 15, public hearing for Regency At River Valley, H-2021-0059, to the hearing date of November 30th, 2021. Perreault: Mr. Mayor, this is Council Woman Perreault. Did you open that public hearing? I didn't catch that. Simison: It was previously opened, because it was already continued to this date. Perreault: Oh. Got you. Thank you. I second Councilman Hoaglun's motion to continue. Simison: I have a motion and a second to continue. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is continued. MOTION CARRIED: FOUR AYES. TWO ABSENT. ORDINANCES 16. Ordinance 21-1952A: An AMENDED Ordinance (H-2021-0048 — Mcfadden Property) For Annexation of Portion of The East '/2 of the SE % of the SE '/4 of Section 1, Township 3 North, Range 1 West, Ada County, Idaho, and Being More Particularly Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to The Corporate Limits of the City of Meridian as Requested By the City Of Meridian; Establishing and Determining the Land Use Zoning Classification of 20.45 Acres of Land from Rut To C-C (Community Business) Zoning District in the Meridian City Code; Providing That Copies of This Ordinance Shall Be Filed With the Ada County Assessor, the Ada County Recorder, and Page 92 Meridian City Council Item#2. November 23,2021 Page 7 of 8 the Idaho State Tax Commission, As Required By Law; And Providing For a Summary of the Ordinance; and Providing For a Waiver of the Reading Rules; and Providing an Effective Date. Simison: Next up is Ordinance No. -- Item 16, Ordinance No. 21-1952. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an Amended Ordinance related to H-2021-0048, McFadden Property for annexation of portion of the East '/2 of the SE '/4 of the SE '/4 of Section 1, Township 3 North, Range 1 West, Ada county, Idaho, and being more particularly described in Attachment "A" and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 20.45 acres of land from RUT to C-C (Community Business) Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. Simison: Thank you. You have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Seeing none, do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of Item 16,Amended Ordinance 21-1952Awith the suspension of rules. Perreault: Mr. Mayor, this is Council Woman Perreault. I second that motion. Simison: I have a motion and a second. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the item is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move to adjourn. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. Page 93 Meridian City Council Item#2. November 23,2021 Page 8 of 8 MEETING ADJOURNED AT 6:14 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 11-30-2021 MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON - CITY CLERK Page 94 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 19, 2021 City Council Regular Meeting Page 4 Meridian City Council Item#1. October 19,2021 Page 33 of 33 Cavener: Mr. President? Bernt: Mr. Cavener. Cavener: Perhaps maybe just a conversation, either as a future meeting topic or a conversation for you with the Mayor, just outlining our policies and procedures about the public comment portion of our meeting. I think -- I think we all got a letter from a citizen who tried to testify tonight and was a little frustrated or confused about what that process is. Just so it's transparent and consistent, so that those that are planning to comment they are planning to be here right at the meeting, that there is a pathway for them to sign up in advance and maybe even a grace period, so that if they get here right at 6:00 they have the opportunity to provide that feedback. Bernt: Point taken. Thank you. Anyone else? Hoaglun: Mr. President? Bernt: Mr. Hoaglun. Hoaglun: I move that we adjourn. Cavener: Second. Bernt: I have a motion and a second to adjourn. All those in favor signify by saying aye. Aye. Motion passes. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7:34 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 11 / 23 / 2021 MAYOR ROBERT E SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 37 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the November 9, 2021 City Council Work Session Page 38 Meridian City Council Work Session Item#2. November 9,2021 Page—of H Perreault: I don't -- I don't think -- Simison: I'm sorry. Perreault. Perreault: I would be honored -- I'm honored to call -- be called by her name. I don't think that the --that the property manager taking responsibility has to be that complicated. You have the owner sign the document. You have the person taking responsibility to send the document and it says on there that it can't be the occupant. That doesn't seem to me like it has to be that complicated. Lavoie: All good discussions for -- yeah. We will see where it goes. Strader: Mr. Mayor? Simison: I think from --just from a practical -- we are moving forward. They will continue to work on the ordinance. There will be outreach to the community before public hearing is scheduled or in time for people to get the information for the public hearing. So, if Council is still interested in moving forward, that's where we are going. We don't need to go any further tonight. Okay. All right. Do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:51 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 11 / 23 2021 MAYOR ROBERT E SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 63 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the November 9, 2021 City Council Regular Meeting Page 64 Meridian City Council November 9,2021 Page 37 of 37 Simison: If not, do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it and we are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7:46 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 11 / 23 2021 MAYOR ROBERT SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 101 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Hill's Century Farm Commercial No. 2 (FP-2021-0055) by Brighton Development, Inc., Located on the South Side of E. Amity Rd.,Approximately 1/4 Mile East of S. Eagle Rd. Page 102 Item#4. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Staff Contact:Sonya Allen Meeting Date: November 23, 2021 Topic: Final Plat for Hill's Century Farm Commercial No. 2 (FP-2021-0055) by Brighton Development, Inc., Located on the South Side of E.Amity Rd.,Approximately 1/4 Mile East of S. Eagle Rd. Request: Final plat consisting of 4 commercial building lots on 2.79 acres of land in the C-N zoning district. Information Resources: Click Here for Application Materials Page 103 Item#4. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 11/23/2021 Legend R- RE 0 DATE: Iff PpcjectLacfliion RUT w TO: Mayor&City Council R= FROM: Sonya Allen,Associate Planner RUT 208-884-5533 C-C RUT R-8 R9 SUBJECT: FP-2021-0055 Uj Rev Hill's Century Farm Commercial No. 2 R7.8 C N -N LOCATION: South side of E.Amity Rd., RUT � approximately a 1/4 mile east of S. Eagle Rd. in the NW 1/4 of Section 33, -H Township 3N.,Range IE. = I. PROJECT DESCRIPTION Final plat consisting of 4 commercial building lots on 2.79 acres of land in the C-N zoning district. II. APPLICANT INFORMATION A. Applicant: Josh Beach,Brighton Development, Inc.—2929 W.Navigator Dr., Ste. 400,Meridian,ID 83642 B. Owner: DWT Investments,LLC—2929 W.Navigator Dr., Ste. 400,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-2016-0092) in accord with the requirements listed in UDC 11-613-3C.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. Staff has reviewed the proposed plat and the number of buildable lots in this phase are the same as depicted on the approved preliminary plat;therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Page 1 Page 104 Item#4. 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: 7/14/2016) HILL'S CENTURY FARM COMMERCIAL SUBDIVISION PRELIMINARY PLAT SITUATED IN A PORTION OF THE NW 1/4 OF SECTION 33, TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY,IDAHO JULY 2016 snot " E.AMIFYRD. NOTES --- -- ----Id�e--- — ° ------ x xxx xn��n P�xx�urt ', � ;II x�sr ¢ Rrc+r saw ommm � �^°a°srcm.wnnm ���Ls � u��xx m.anrr�wmuuiw r.usovF..c�lsxrnsxetm�oxmn ow IIII III �a i i I;� � rc.�x�xx,�,.nx�rc oxxrcana�u,rc nxxrc r,.x.n�o,m '. REMNANTPARCEL R-R 'sus u� �.00� I �uex ,wn III DEVELOPMENT— AV.— — `J S I eru w - I I s6aosu unss I sgas u g� ss mss I os°wst.w O R� a si4 � ,a.o I I sx.o ma wJns utmv w9a1� m+=,sz s4]3s ,xunex ro rczmsnnn IO' E.HHLPARKS.. �x�R`� I6 rrzx a er Rom- I _ r C m.m _ x FDTUREYMC4' ` nND crn PAAR � INDE%OF DRAWINGS LEGEND I� . SNFET NO, PRELMNARYNOT FOR CONSTRUCTION HI LL'S CENTURY FARM COMM ERCIAL SU B. rc u sne t. rxlsmc wn morvs rEP PRELIMINARY P LAT LAYOUT e` m. MERIDIAN,IDAHO z 10821 ..M�,!,I— 5 SHz�w53 seaw rucxueurs o oxP E-auu,xo axansE �I ,ems� snF,T oo<.o �wcE.,l,..axo>rff Pw, P�sal, PP1.0 Page 105 Item#4. B. Final Plat(dated: 10/4/21) PLAT OFBOOK—PAGE HILL'S CENTURY FARM COMMERCIAL Sll$bFVIS10N No.2 Arb.t,O. 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"w< ` a,�,n a u.�a a.�u.�ue� ..a wa,+[m w[s. ""'•••^ � I xE°`ameo•Mwui nil`" Is�ixr�rvs wF P+w[M xnlfSxv .ah colrwlcY ub�]dl ilc r.eciW[MEH[erldr�.w,ep4 a wrueN m orw[Y+w aeNx..aau Page 3 Page 106 Item#4. C. Landscape Plan(dated: 10/6/2021) a� er�sar_._ ���. _ _ e ` d -` ------ .,.. nx�rssr ��m � r. ...... 1 , 1 --------------------- _ ffm 1 '�I ��Y.6 Z'�..'Iti ....,..,,...-...... .�5.��•.,Y..�'.v'�'i3�F i6-�^°.Z�.r LANDSCAPE SFFE PLAN t, o Im km SIAEEI IAEE CALCIIIA}IOl6�1TGEEf3S lF]I �� ....�__..a. � w�• �.o� � �y es a �w'Y1_ rr �.. rr _ sw.•o fC1fAl lfikES ��•••�•••••�•••� ..• °�1.�..: M fl[;—N—JUIFFMENTS 1 .,. L� ,:•u fl Page 107 Item#4. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(AZ-15-004,Development Agreement -Inst. #2015-061375; H-2016-0092 V Addendum Inst. #2016-119080;H-2018-0127 2nd Addendum#2019-033207; and H-2019-0134 3'Addendum#2020-059662);preliminary plat(H- 2016-0092); and time extension(TED-2020-0004)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 (as extended by TED-2020-0004 —by August 29,2022); or apply for a time extension, in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering, stamped by Kelly Kehrer,dated: 10/4/2021, included in Section V.B shall be revised as follows: a. Include a note granting a cross-access/ingress-egress easement between all lots in the proposed subdivision in accord with preliminary plat condition#1.1.1d and UDC 11-3A-3. b. Include the recorded instrument number of the City of Meridian sewer and water easement graphically depicted on the face of the plat on Lots 12 and 14,Block 2. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by Alyssa Yensen,KM Engineering, dated 10/6/2021, included in Section V.C, shall be revised as follows: a. Depict shrubs in all street buffers,along with trees and vegetative groundcover,in accord with UDC 11-3B-7C.3a. b. A minimum 10-foot wide street buffer is required along S. Tavistock Ave.;widen the buffer from 8-to 10-feet and depict landscaping within the buffer in accord with the standards listed in UDC 11-313-7C. c. A minimum 25-foot wide street buffer is required along E. Amity Rd., an arterial street;the entire buffer shall be landscaped in accord with the standards listed in UDC 11-3B-7C. A copy of the revised plan shall be submitted with the final plat for City Engineer signature. 6. All existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. 7. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works 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 Page 5 Page 108 Item#4. 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 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-I-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. Page 109 Item#4. 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 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 7 Page 110 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Intermountain Wood Products Expansion (H-2021-0042) by Kent Brown Planning Services, Located at 255, 335, 381, and 385 S. Locust Grove Rd. and 300 and 330 S. Adkins Way Page 111 Item#5. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI ' N:- , AND DECISION&ORDER A In the Matter of the Request for Annexing 255 and 335 S.Locust Grove Rd with the I-L Zoning District,Modifying Development Agreement to Create New Development Agreement to Remove Internal Landscape Buffer Requirement,and Future Land Use Map Amendment to Designate 355 and 255 S.Locust Grove from Mixed Use Community to Industrial,and 385 and 381 S.Locust Grove from Mixed Use Community to Commercial,by Kent Brown Planning Services. Case No(s).H-2021-0042 For the City Council Hearing Date of. November 9,2021 (Findings on November 23, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 9, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 9,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of November 9, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 9, 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 § I 1-5A. 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(INTERMOUNTAIN WOOD PRODUCTS—FILE#H-2021-0042) - I - Page112 Item#5. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 9, 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 to I-L, development agreement modification and future land use map amendments is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 9, 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. 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 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(INTERMOUNTAIN WOOD PRODUCTS—FILE#H-2021-0042) -2- Page 113 Item#5. 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 November 9,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(INTERMOUNTAIN WOOD PRODUCTS—FILE#H-2021-0042) -3 Page 114 Item#5. By action of the City Council at its regular meeting held on the 23rd day of November [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 11-23-2021 Attest: Chris Johnson 11-23-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 11-23-2021' City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(INTERMOUNTAIN WOOD PRODUCTS—FILE#H-2021-0042) -4 Page 115 item#5. EX H I BIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING November 9,2021 legend DATE: 0 rj TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner E`FRANKL'IN`RD - 208-884-5533 Bruce Freckleton,Development t Services Manager 4J 208-887-221101 SUBJECT: H-2021-0042 La Intermountain Wood Products - -- - -- - - - Expansion IJ LOCATION: The properties are located at 25-5, 335, ------------- - 381,and 385 S. Locust Grove Rd, and E 220, 300 and 330 S. Adkins Way, in the NE 1/4 of the NE 1/4 of Section 18, Township 3N,Range 1E. I. PROJECT DESCRIPTION This is a request to expand an existing wood products business by annexing 3.1 acres of property with the I-L zoning district, and modifying the Medimont Development Agreement to create a new development agreement to remove a requirement for an internal landscape buffer. This application includes requests for two Comprehensive Plan Map Amendments. The first amendment is to change the designation of the properties to be annexed from mixed use community to industrial to allow zoning to I-L for the warehouse. The second map amendment involves the two properties to the south at 381 and 385 S. Locust Grove Rd(not part of the development)being designated from mixed use community to commercial to make them more consistent with the FLUM designations of surrounding properties to the south and west. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.1 acres Future Land Use Designation Mixed Use Community Existing Land Use(s) Vacant Proposed Land Use(s) Industrial(distribution and warehousing for wood products) Lots(#and type;bldg./common) 6 existing lots Phasing Plan(#of phases) N/A Page 1 Page 116 Item#5. Description Details Page Number of Residential Units(type N/A of units) Density(gross&net) N/A Physical Features(waterways, No known unique physical features. hazards,flood plain,hillside) Neighborhood meeting date;#of June 3,2021,3 attendees attendees: History(previous approvals) The three lots containing the existing business were annexed in 1996(DA Inst.#97072405)and platted as the Medimont Subdivision No.2. (FP 99-010).A conditional use was approved for a wholesale building materials building in 2001 (CUP 01-035)and the CZC was approved in 2003 (CZC 03-007).The two parcels proposed to be annexed and zoned to I-L to allow for expansion of the existing business(255 and 335 S.Locust Grove Rd)are presently un-platted. The two additional lots proposed for a Comprehensive Plan Map Amendment(385 and 381 S.Locust Grove Rd)were annexed in 1999,and CZCs were issued for or the existing daycare in 2012 and 2017(CZC 12-064,CZC A-2017- 0191,MDA 09-002).Although these lots are being included as part of the Comprehensive Plan Map Amendment with this application,they are otherwise not part of the development. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State Access presently occurs from S.Locust Grove Rd(arterial) Hwy/Local)(Existing and Proposed) and S.Adkins Way(Local) Traffic Level of Service Better than"E" Stub Street/Interconnectivity/Cross Site plan only shows internal access to the west. Access Existing Road Network S.Locust Grove Rd and S.Adkins Way EWW Existing Arterial Sidewalks/ 7' sidewalk already exists along S.,Locust Grove Rd. Buffers Proposed Road Improvements No improvements required Fire Service No comments submitted Police Service No comments submitted Wastewater • Distance to Sewer NA Services • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer See Application ERU's • WRRF Declining Balance 14.18 Page 2 Page 117 Item#5. Description Details Page • Project Consistent with Yes WW Master Plan/Facility Plan • Comments • Flow is committed • Sewer is available from Locust Grove • Ensure no permanent structures(trees,bushes, buildings,carports,trash receptacle walls,fences, infiltration trenches,light poles,etc.)are built within the utility easement. • Ensure no sewer services pass through infiltration trenches. • If existing sewer main into the site is not used it must be abandoned at the manhole. Water • Distance to Water Services 0 • Pressure Zone 3 • Estimated Project Water See application ERU's • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns • Any changes to public infrastructure must be approved by Public Works. • If the existing water main stub is not used it needs to be abandoned at the main in Locust Grove. • Water main will require a 20'utility easement. • Ensure no permanent structures(trees,bushes, buildings,carports,trash receptacle walls,fences, infiltration trenches,light poles,etc.)are built within the utility easement. • Any well that will no longer be used must be abandoned according to IDWR requirements. Page 3 Page 118 Item#5. C. Project Area Maps Future Land Use Map Aerial Map Legend Legend ; Pralect Lncoian Projc*ct L000ian P k�xr. Irmulstnal i 1• s �E FRANKLIN R E'FRdNItL'IN'RD i 5 Resi i E 7111 Mll- I{ALISPEL4. �[D�?ugjST r ' ; _ ' r " ,r'..; �ls tlalN, rEr -ERsT E ,.�. Zoning Map Planned Development Map Legend Legend 0Prdject Lcca-fion - let tNciect Lacaion 1"L +_1 City Llmik I- UU — Planned Parcels E`_F_RAN KLIN-RD A- tAN l{LIN`RD -x�+0 R.-I x't L 1 RUT RUT-W C-N RU T- I 1' � �-R- RI - EWATERrOW ER ST I' III. APPLICANT INFORMATION A. Applicant/Representative: Kent Brown Planning Services-3161 E. Springwood Dr, Meridian,ID 83642 B. Owner: Banks Group,LC-PO Box 65970, Salt Lake City,UT, 84165 Page 4 Page 119 Item#5. IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 9/17/2021 Radius notification mailed to properties within 300 feet 9/15/2021 Sign Posting 9/17/2021 Nextdoor posting 9/16/2021 V. STAFF ANALYSIS Background The applicant proposes to annex 3.1 acres of property(the subject property)at 255 and 335 S. Locust Grove Rd. in order to construct a 59,300 sq. ft. +/-warehouse for their existing wood wholesale distribution business. The existing business is to the west of the subject properties at 300 and 330 S. Adkins Way. This request also includes a request for a development agreement modification and comprehensive plan map amendments. The existing wholesale and distribution business was constructed in 2003 and is within the Medimont Subdivision(annexed in 1996). The Medimont DA has a requirement for a 20' planting strip along the eastern boundary of the plat area(intended as a residential buffer). This puts the required planting strip between the existing business and the properties intended for annexation and expansion. Accordingly,the applicant proposes a DA modification to remove the requirement for the planting strip in this area. This application also includes a request for two comprehensive plan map amendments. The first amendment is to change the designation of the 3.1 acres of property to be annexed from mixed use community to industrial to allow zoning to I-L for the warehouse. The second map amendment involves the two properties to the south(1.32 acres total)at 381 and 385 S. Locust Grove Rd(already zoned C-C but not part of the existing business or expansion). Until recently this was the location of the Tree House Learning Center daycare. These properties are also designated for mixed use community but are directly adjacent to industrial designation to the west and commercial designation to the south along W. Watertower St. and S. Locust Grove Rd. At the pre-application meeting, staff informed the applicant that it was not preferable to pursue a land use map amendment that would leave a small enclave of mixed-use community designation and encouraged the applicant to work with the adjacent property owners to amend the map to commercial with the same application. There will still be approximately 7.2 acres of property remaining along this side of S. Locust Grove Rd designated for MU-C, staff is unsure how viable the remainder of this property will be for mixed use community development,particularly the two residential properties directly north of the subject property. Annexation The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is recommending a new development agreement as part of the annexation approval. The applicant has provided a new legal description of the property boundary subject to the new DA(see Exhibit VIII below). Page 5 Page 120 Item#5. A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) Comprehensive Plan Map Amendments The area is presently designated for mixed use community under the future land use map (FLUM). The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,including residential, and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood(MU-N)areas,but not as large as in Mixed Use Regional(MU-R)areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. To the east of the subject property across S. Locust Grove Rd is single family attached (Bellabrook Subdivision)and a religious institution. There are commercial and office uses to the south,and directly adjacent to the west is a 27-acre industrial park. Adjacent to the north are two existing single-family residences, and north of those is a 2.4-acre property zoned R-40 with an existing development agreement for up to 95 multifamily units (Cobblestone Village AZ 99-005). Given the existing development in the vicinity,the size of the remaining undeveloped properties, and that UDC 11-3A-3 requires site circulation to occur from a local street(S.Adkins Way) rather than an arterial(S. Locust Grove), staff does not believe the subject properties have the accessibility and are viable for the integrated,walkable, synergistic development oriented around open space that is anticipated by the Plan for mixed use community. Staff does believe a plan amendment is appropriate to allow a change to industrial designation for the subject properties and commercial designation for the properties to the south. However, staff does have reservations with how the proposed development will interact with the remaining properties to the north which would still be designated for Mixed Use Community. The two properties directly north of the subject property are still in the County,the two properties north of those are within the City and zoned R-15. Staff has concerns with whether the proposed warehouse will limit future redevelopment in this area. Staff has not received any correspondence from the owners of either of those properties. B. Development Agreement Modification The existing Intermountain Wood Products buildings are within the Medimont Development Agreement,which was approved in 1997 (Inst. 97072405). Provision 4d requires a permanent 20- foot-wide landscaped planning strip along the east boundary landscaped with 6-8-foot-high scotch pines at a maximum distance of 15 ft. each. This was required to provide a screen for the adjacent residential properties,two of which are now proposed for the warehouse expansion. This proposal would create a new development agreement for the subject properties and would remove this requirement. At the time the Medimont No. 2 Final Plat was approved a common lot(Lot 2 Block 2)was platted along the eastern perimeter of the subdivision for the purpose of this landscape screen. This common lot was owned and maintained by the Stonebridge Owners Association. In February of 2021 the portions of the common lot between the existing business and the parcels to be annexed were deeded to the applicant. As the intent of the landscape strip was to buffer the adjacent residential properties from the industrial development, and the properties to be annexed are no longer proposed for residential, staff supports elimination of the DA requirement in this area. However,Lot 2,Block 2(the common lot)was split improperly. This results in two common lots—a common lot strip north of Page 6 Page 121 Item#5. the subject properties, and a common lot strip south of the subject properties. Also, an unbuildable common lot is now being converted to a buildable lot for a warehouse. This makes the applicant ineligible for a parcel boundary adjustment and a short plat is necessary to legitimize the subdivision. This will require cooperation with the Stonebridge Owners Association that owns the remainder of the common lot. All the trees that were within this portion of the buffer have been removed,which should be addressed. This is discussed in the landscaping section. C. Comprehensive Plan Policies(https://www.meridiancity.or /g compplan): • "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) The subject property is surrounded by the City limits to the south, east and west. City water and sewer service is available and can be extended by the developer of the property proposed to be annexed with development in accord with UDC 11-3A-21. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities,and other best site design practices." (3.07.01A) The proposed industrial use will be required to provide a landscaped buffer along property lines adjacent to residential uses (i.e. to the north)with development per UDC Table 11-2C- 3. No outdoor storage is proposed with this development. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) Staff does have concerns regarding the present concept plan as will be discussed in the dimensional standards section below. Staff has red-marked on the concept plan that this plan should not be approved and future development should comply with all pertinent regulations and the Architectural Standards Manual. In regard to the proposed use, with appropriate design the proposed warehouse should be compatible with the existing industrial uses to the west and the commercial uses to the south. The required buffer to residential land uses to the north should minimize conflicts between land uses. However, staff does have concerns regarding how industrial development on the subject property could affect future development potential for the properties to the north, which will still have the Plan designation of mixed-use community. • "Support infill development that does not negatively impact the abutting, existing development. Infill projects in downtown should develop at higher densities,irrespective of existing development."(2.02.02C) The proposed infill industrial development should not negatively impact abutting uses as other industrial uses exist to the west, commercial to the south, and a landscaped buffer is required along the north property boundaries to residential uses which should minimize conflicts.As noted in the Architecture Section below, the building architecture as submitted should not be approved and the warehouse should meet all standards of the ASM at time of Certificate of Zoning Compliance (CZC). • "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." Page 7 Page 122 Item#5. (3.03.03A) The proposed development will be required to connect to City water and sewer systems with development. • "Require urban infrastructure be provided for all new developments,including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Curb, gutter and sidewalk has already been constructed along S. Locust Grove Rd and S. Adkins Wy, and in their staff report dated September 13, 2021 ACHD noted no additional road improvements were necessary. Hook-up to City water and sewer service is required with development. • Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements,access management, and frontage/backage roads, and promoting local and collector street connectivity. (6.01.02B) The concept plan indicates primary access, including for trucks, occurring directly from S. Locust Grove, an arterial.Also, staff has recommended to the applicant that cross access be provided to the properties to the north and south, although the concept plan does not reflect this. Staff has addressed this in the conditions of approval. D. Proposed Use Analysis: The applicant requests to annex and zone to I-L to allow a warehouse. This is an allowed use per UDC 11-2C-2. E. Specific Use Standards(UDC 11-4-3): There are specific use standards for a warehouse use per UDC 11-4-3-42. This includes a limitation on square footage of office and retail, and outdoor activity areas not being located within 300 feet of an adjacent residence or residential district. The 4,800 sq. ft. office area is well under the 25%limitation on office uses,but the concept plan reflects an outdoor loading area as close as 100 feet from the adjacent residential property to the north.At the time of the certificate of zoning compliance(CZC),the applicant will need to either move the loading bay to conform to the regulation or fully enclose the loading bay. F. Dimensional Standards(UDC 11-2): The I-L zoning district requires a 35 ft. street setback.A 25 ft. wide landscape buffer is required along S. Locust Grove Rd.,which is the same width required for landscape buffers on any side bordered by residential. Building height is limited to 50 ft. The site plan as submitted does suggest the landscape buffer along S. Locust Grove Rd. is met,but the width of the residential buffer to the north does not meet UDC standards. The site and design standards of UDC I I-3A-19 state that for properties greater than two(2) acres in size,no more than fifty(50)percent of the total off street parking area for the site shall be located between building facades and abutting streets. The concept site plan as submitted shows the entirety of the parking between the building and S. Locust Grove Rd. UDC 11-3A-19 also requires an applicant to extend or improve streets,drive aisles, cross access easements or similar vehicular and pedestrian connections provided from adjacent properties. The concept plan as submitted does not provide access to the properties to the north and the south.As a condition of approval of the development agreement, staff is recommending cross access to these adjacent properties. Staff does have concerns with the concept site plan as submitted because of the comments listed above. Staff has additional concerns regarding the size and visibility of the proposed warehouse Page 8 Page 123 Item#5. as would be viewed from S. Locust Grove Rd.,and is unsure the building as shown would meet all the requirements of the Architectural Standards Manual(ASM).Although staff is overall supportive of annexation of the property for the purpose of the expansion, staff believes additional revisions need to be made to the site plan in order to be consistent with the regulations. Staff is not supportive of the concept plan as submitted. G. Access(UDC 11-3A-3, 11-3H-4): The existing business presently takes access from two driveways off of S. Adkins Way,a local commercial street. The two properties to be annexed are currently both rural residential, each with a driveway access from S. Locust Grove Rd. S. Locust Grove Road is classified as an arterial roadway and is improved with 5-travel lanes, bike lanes,vertical curb,gutter, and 7-foot wide sidewalk abutting the site. The concept plan as submitted shows access for this site occurring via a 40 ft. driveway directly from S. Locust Grove Rd. The applicant has mentioned employee, customer and truck access could occur at this driveway. ACHD has noted this proposal complies with all ACHD requirements. The Council can grant a waiver to allow the access,but staff prefers the applicant develop the site plan with internal circulation and send trucks through S. Adkins Way as previously discussed at the pre- application meetings. Staff has concerns with access occurring from S. Locust Grove Rd. UDC 11-3A-3 states where access to a local street is available,the applicant shall reconfigure the site circulation plan to take access from such local street.Also,where access to a local street is not available,the property owner shall be required to grant cross-access/ingress-egress and extend or improve streets,drive aisles, cross access easements or similar vehicular and pedestrian connections provided to adjacent properties. During the March 2021 Pre-Application meeting, it was mentioned to the applicant that the site plan as submitted should be revised to remove primary access from S. Locust Grove, access should be provided to the properties to the north and south, and it would be preferable for truck access to occur via the existing driveway from S.Adkins Way. The concept plan as submitted does not reflect any of these access points. As a condition of approval, staff recommends the access from S. Locust Grove Rd be closed, and the site plan be revised to indicate access from the north, south and west. H. Parking(UDC 11-3C): UDC 11-3C-6 requires one space for every 2,000 sq. ft. of gross floor area for industrial uses (warehouse). Based on a 53,350 sq. ft. warehouse and 4,800 sq. ft. of office space this amounts to 27 parking spaces required whereas 44 are provided. However, as mentioned above in the dimensional standards section above,the parking configuration as shown on the site plan does not comply with UDC 11-3A-19 in that all parking area is located between building facades and abutting streets. 11-3C-5 requires all off street parking areas to be provided with a substantial wheel restraint to prevent cars from encroaching upon abutting private and public property or overhanging beyond the designated parking stall dimensions.When a bumper overhangs onto a sidewalk or landscape area,the parking stall dimensions may be reduced two(2)feet in length if two(2)feet is added to the width of the sidewalk or landscaped area planted in ground cover. The concept plan does not appear to meet either of these requirements. Page 9 Page 124 Item#5. I. Sidewalks(UDC 11-3A-17): 8 ft. wide sidewalk exists along S. Locust Grove Rd. and sidewalk of at least 5 ft. exists along S. Adkins Way. ACHD has submitted a staff report and does not request any additional sidewalk improvements. J. Landscaping(UDC 11-3B): UDC Table 11-2C-3 requires a 25 ft. wide landscape buffer along arterial roads(S. Locust Grove Rd), 10 ft. wide buffer along local road(S. Adkins Way), and 25 ft.wide landscape buffers when sharing a property line with a residential use. There are also landscaping requirements(UDC 1I- 3B-8C) for parking lots,including not more than 12 parking spaces in a row without at least a 50 sq. ft.planter islands and a 5 ft.wide perimeter buffer adjacent to parking,loading or other vehicular use areas. A landscape buffers meeting the minimum dimensions will be required along S. Locust Grove Rd. There is an existing landscape buffer along S.Adkins Way and the parking lot appears to meet minimum requirements. The residential landscape buffer to the north of the site does not appear to meet the minimum width of at least 25 ft. The properties to the south(381 and 385 S. Locust Grove Rd) are not part of the current development and are subject to a separate development agreement. As mentioned in the DA modification section above,the existing Medimont Development Agreement has a requirement for a permanent 20 ft.wide planting strip along the eastern boundary of the subdivision,planted with 6-8 ft. high pines at no less than 15 ft. apart. When staff initially did the site visit for the pre-application meeting, staff discovered all trees that had been in this required planting strip between the existing business and the properties to be annexed had been cut down. Staff mentioned to the applicant these trees were a requirement of the final plat and DA and could not be removed without a DA modification. Staff requested the applicant account for all trees that had removed, and the applicant responded 11 trees had been removed in this area ranging in diameter from 11.5 in. to 20 in. to a total of 169 inches. As these trees were a requirement of the DA, staff recommends a condition that the applicant shall coordinate with the City Arborist to ensure an additional 169 caliper inches of trees meeting the minimum 6-foot height requirement be planted on the property in excess of other minimum landscaping requirements. K. Waterways(UDC 11-3A-6): There are no waterways known to traverse the property. There is an ACHD detention pond on another property approximately 500 feet to the north. L. Fencing(UDC 11-3A-6, 11-3A-7): The existing business has chain link fencing along the sides and rear of the facility. The properties to be annexed currently have, 3-strand wire,chain link and open split rail fencing. The concept site plan does indicate some of the existing fencing along the side property lines will remain. At time of CZC,the applicant will be required to submit a landscape plan that reflects all fencing meets the provisions of UDC 11-3A-7. This includes screening of any outdoor storage as required by UDC 11-3A-14. M. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. See Section VI below for Public Works comments/conditions. Page 10 Page 125 Item#5. N. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual elevations have been provided with this submittal. The elevations do not meet the minimum requirements of the ASM. This includes nearly the entirety of the building materials being metal siding,lack of accents of at least 30%along the base of the building, fagade sections longer than 50 ft. without modulation,rooflines longer than 50 ft. without roofline or parapet variations, and possibly not meeting the 30%fenestration requirement or fenestration alternatives. Staff recommends the conceptual elevations not be approved. Also,due to visibility of this property from S. Locust Grove Rd and that it is surrounded on three sides by commercial and residential development, staff recommends a DA provision that requires architecture comply with the commercial,not industrial standards. VI. DECISION A. Staff: Staff recommends approval of the proposed amendment to the Future Land Use Map,DA modification and Annexation with the requirement of a Development Agreement per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard this item on October 7. 2021.At the public hearing,the Commission moved to recommend approval of the subject annexation,map amendment and development agreement modification request. 1. Summary of the Commission public hearing_: a. In favor: Kent Brown b. In opposition:None C. Commenting: Kent Brown. d. Written testimony: A letter was received from Camy Donahue at 336 S. Truss Lane. She voiced concerns with decrease in properly values,traffic,particularly for trucks, lighting, and landscaping e. Staff presenting gpplication: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. Commission discussed traffic,particularly the proposed access from S. Locust Grove Rd. 4. Commission change(s)to Staff recommendation: a. Commission noted the updated site plan that was presented at the meeting should be approved with a revision showing a northern cross access to the property at 255 S. Locust Grove Rd. b. Commission recommended approval with staff's recommendations and the additional recommendation that Council approve the S.Locust Grove Rd access. C. The Meridian Citv Council heard these items on November 9,2021.At the public hearin ,the Council moved to approve the subject annexation, comprehensive plan man amendments and development agreement modification requests. 1. Summary of the City Council public hearing: a. In favor: Kent Brown b. In opposition: None c. Commenting: Kent Brown Page 11 Page 126 Item#5. d. Written testimony: An additional letter was received from Jeremy Peterson.owner of 381 and 385 S. Locust Grove. The letter expressed overall support but emphasized the importance of the subject property providing a southern connection and maintaining access from S. Locust Grove Rd. e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. One citizen testified on potential traffic impacts from trucks associated with the operation. 3. Key issue(s)of discussion by City Council: a. Council discussed traffic, site access, size of building,hours of operation, and emphasized the importance of high-quality architecture. 4. City Council change(s)to Commission recommendation: a. Council approved waiver from UDC 11-3A-3 to allow continued access from S. Locust Grove Rd,with a restriction that the hours of operation from this access were limited to 7AM to 5PM. b. Council clarified the revised concept plan provided to the Planning Commission dated October 7.2021 was the one that was being approved. Page 12 Page 127 Item#5. VII. EXHIBITS A. Future Land Use Map—Adopted&Proposed Land Uses Date: 6129f2021 Adopted Land Uses 500 1, 0 Feet High f}ensiFy Residential L or General Indushial MU C Legend `TMISAP Boundary 1 Law Density Residential ' Medium density Residential ' Med-High f]ensity Residential ' - High Density Residential - Commercial Office Commercial I - Industrial Watert — civic Proposed Land Uses Old Town Mixed Use Neighborhood —--- Mixed Use Community Mixed Use Regiona I ® Mixed Use NarwResidentia I - ® Mixed Use-Interchange Low Density Employment - or High Density Employment I Mixed Employment I _J MU-Res eneral MU-C L— I MU-corn ® Lifestyle Center Civic ' ■ � Mediurn Commercial f}erisity Residential 'I Page 128 Item#5. B. Annexation Exhibit(date: June 8,2021) ANNEXATION DESCRIPTION A parcel of land described as Parcel 1 in Warranty Deed,Inst. No. 2020-012834, and all that certain Parcel described in Warranty Deed,Inst. No. 2019-121779, located in the Northeast 1/4 of the Northeast 114 of Section 18,Township 3 North,Range 1 Hast, Boise Meridian,City of Meridian, Ada County,ID,more particularly described as follows; COMMENCING at the N ortheast Corner of said Section 18, from which the East 1/4 Corner common to said Section 1S and Section 17,bears, South 00°00'39"Vilest, (which is the basis of bearing for this description),for a distance of 2 65 9.7 2 feet; thence along the common line of said Sections 18 and 17, South 00400'00" East, for a distance of 828.49 feet,from which the North 111&comer common to Sections 18 and 17 bears South 00000'00'�East, for a distancc of 501.09 feet; thence North 89'11'30"East,for a distancu of 48.01 feet to the westerly right-of- way line of South Locust Grove Road&-,shown on Record of Survey No. 7075,Ada County Records, the POINT OF BEGINNING; 'Ibence South 00°00'011"East along said westerly right-of-way line of South Locust Grove Road, for a distance of 352.11 feet to the northerly boundary line of that certain Parcel shown on Record of Survey No. 10859, Ada County Records; Thence along said northerly boundary line, South 89°08'55" West (formerly South 89'11'30" West), for a distance of387.80 feet to the easterly boundary line ofMedimont Subdivision, as recorded in Book 75,at Page 7794, Ada County Records; Fhence along said easterly boundary line,North 00°54'14"East(formerly North 00*55"East), for a distance of352.53 feet; Thence North 89'11'30"East,for a distance of 382,24 fcct to the POINT OF BEGINNING. The above-described Parcel contains 3_113 acres, more or less. j. c` - p S ubject to eascroents of record and not of record. Page 14 Page 129 Item#5. ANNEXATION EXHIBIT MAP FOR INTERMOUNTAIN MOOD PRODUCTS LOCATED IN THE NE 1 4 OF THE NE 1 4 OF SECTiON 15, T- 3 N-, R. 1 E B-M„ f - ..NY OF MERIDIAN, ADA COUNTY, IDAHO 201 T E- FRANI LIN RD. 7 8 (H89'11'1 f 2"E 430.7') S89'11'30'14 �. N89'11'30'E 430-25' 48-W 30"E 38� .� PARCEL 1 ib cri F�2 WARRANTY DEED 03 6 INST NO. 2020-012834 59911'3D"V! 48.00' S89'1I.30-1V 383,83.Ln — �' 589`11'-WW 431.83' �n C7 ^ � (S89.1$ 1 f2'W 432.3') �c ? w WARRANTY DEED r''}o w<LLJ m INST NO. 201 9-1 21 778 wM 0 r4 ci o O y� 3 PARCEL A bJCcv 9 o a Lnn 3-113t ACRES [n m a a rTi Ln c�v ' o< o t"m p wo V)a Sz m dr 4A g rl w a S89�)8'55"W 435.81' °} (S89'11'1 f2-w 438-3) TI RECORD OF SURVEY IW 0 ci r� 140. 10859 } ] NOT A PART I n 0 � o o sa�'aa'ss'w vi y gE99'b8'S5"W 390.15' — — 1/16 CORNER l8 17 SCAI.IE:! 1 �1D0' 1a � 8 R s l8 17 PROJECT FORS ` �■ N INTERMOUNTAIN WOOD PRODUCTS 201 20158 4 1aac�aEr�. xe, sr� wo. P.,Mi...7.K-M f.77 w0.dwa.�P 4af4} ANNEXATION EXHIBIT 1 OF 'I Page 15 Page 130 Item#5. C. DA Modification Legal Description and Exhibit(date:August 5,2021) TOTAL BOUNDARY DESCRIPTION A portion of I t 2, Block 2 of Medimonl SLLbdivii:jicn N-D,1, as rc;eordcd in 13mk 75,at Pic: 7794,Ada County R ords, all of Lots 7, 8,and 9, Block 2-of AMcdimonl Subdivision No.2,w; recorded in R(Nok 79,at Page 8453, Ada County Records,a portion ofthat certain parcel described w%Pmcl 1 in Warranty Deed, lnSt, No, 020-012834, Md a portion of that air1 Parcel described in Warranty Deed, Inst.No.2019-121778,all of which is llocatcd in the Northeast 1/4 of the Northeast 14 of Scelion 18,'Township 3 North, Range 1 L'ast, Boise Meridian,Ada County, ID,more particularly described as follows,, COMMENCINO at the Northeast Corner of Suction 18;thence along the common line of Sections 18 and 17,which is coincident with the centerline of South Locust Grave road, South 00°30'17"West, for a distance of829.00 feet,from which a 5(8"rebar with a plastic cap, starnpod"CSC PLS 5082,"marking the North 1I1 P corner common to Sections 18 and 17 bears, South 00130'17" West, for ad issance of 500.62 feet; 'I'hence, South 89146'00" Vest,fora distance of48.00 feet to the westerly right of way line of South Locust Gwvo Road,as depicted on Record of Survey No. 7075,the POINT OF BEGINNING: Thence, along said right of way Iine.South 00'30'l7" West, for a-distance of 351.68 feet Ic its intersection with the northerly boundary line of that certain Parcel shown otti Record of Survcy No. 10959,Ada County Records; Thence along said northerly boundary line South 89139'34"Vest(formerly Soutb 99"1 F 0-Vest), for a distance of 388.00 feet to the easterly boundary line of Lot 2, Rlu,:k 2 of Mcdimont Subdivision,as recorded in Book 75,at Page 7794, Ada County Records, which bears North 01'25'43"l:;a�t, for a disumce of 1.00 Net from a found 519"ruNr with a plastic car,starnpod"I Ski PLS 7724,"mf=ncc monument; Thence along said easterly boundary line, South 01°25'43"Vest,for a distance of0-44 feet to its intersection with the costerly prnilungation of the southerly boundary line of IAA 9. Block 2,of lvMedimont SubdivisionNo_2,which bears North 01'25'43" Fuss, for adistanvu uf0.56 feet from the afommentioned reference rnonumcnt; Thence North 89*01'17" West, along the southerly boundary line of said Lot 9, Block 2 and the easterly prolongation thereof, for a distance of 302.23 feet to a found 112" rehar with a plastic cap, stamped ",GA LF.E, PLS 3260," marking the southwest corner of Lot 9, block 2, which is coincident with the easterly right of way line of South Adkins Way,, Continued an Page 2 Page 16 Page 131 Item#5. Total Boundary Description Page 2 Thence along the wcstcrly boundary line of Lots 9 through 7, the following courses and distances: North DD 58'43"} FALt. For a distanm of I1 _98 feet to a found 1/2" mbar with a plastic cap, stamped,"GA LEE, PLS 3260,"marking tho beginning of tangent curve to the left 124.55 feet along the arc of said curve, having a radius of 329,E feet, a central angle of 21°'41°29", and a chord, which bears, Noah 09152'01" lAWes4 for a diatanoe of 123,81 feet to a found IZ' rebar with a plastic cap,. stamped 'GA I.EE, Pi.S 3260," narking the beginning of a reverse curve; 102.60 feet along the are of said curve, having a 271.00 foot radius, a central angle of 21°41'2�J", and a chard which bears, North 09'32'01" West, for a distance of 101.99 fcct to a found 112" rebar with no cap; North 00-58'43" East, for a distance of 106.36 feet to a found 1/2" rebar with a plastic rap, stamped"GA LEE,PLS 3260,"marking the northwest corner of said rot 7, Block 2; Thence, leaving said westerly boundary line, South 59401'17" East, for a distance 320.13 feet along thu Donherly boundary 1 ine of said Lot 7 and the easterly prolongation thereof to a set 5/8"' rebar with a plastic cap, "PLS 12720," on the easterly boundary line of Lot 2, Block 2. of Medimorit Subdivision, Thertt South 19°08'17" R",a distance or 79.97 feet along said easterly boundary line of Lot 2, Block 2, which hears,'North 01 5'43" East, for a distance of 5.00 feet from a found 1/2" rebar with a plastic cap, slarnpud-GA LEE, PLS 3260,witness Corner; Thence South 01°25'43" Vilest,for a distance of 18.96 feet to the northwest corner of that Parcel described in Warranty L?eM, Inst.No, 2020-012834; Thence North 89146'00" East,a distan"of 2_31 feet along the northerly boundary line of said Parcel to the POINT OF BEGINNING. Containing 6.416 acres, more ar less. _ Subject to valid casements or reservations_ END OF DESCRIPTION. Page 17 Page 132 Item#5. rs � ( LL � O L `6r,GNI M L off'QOS'CM 3A0w isno l "5 y .L6'004 € SL . d'$ 12, L 45 ,99'6q 3.LtxO oO SC PLS 52a2 PLS 5282 - z as I o o 0 W Cb � I a � V-) Ir LL o w m Ld !e I •` 00 z � 1 � Z � X d¢ -0o Fn Z O -[] 9G PLS 77 ZI L < Z W _ (LOT 2 hENT SUB, 1 OC � � � ~ Li I Z C4 # z � I, Rar B) (LOT v) 0.oT 10) CL LL- 0 � (LOT 7) T LL- a ° op J PLS 26 A LEE go�!f PLS 326 LS -32U PLS 3Z 4 PLS 3 7d msAi CA w co I'F rq r Page 18 — Page 133 Item#5. D. Site Plan(date: 1/1''�T 10/7/2021) Wy* sE-OE 0-OPEMPI LIME FgHlNG PPPWffAT M52' - n�' S IMlIt axtrrrn - F�iSf 5 Y 0 r 7 t an.jsr a. 1 „Lw ' r.o- sowcnT 5'�V19�4" I ei9e6 90 I.8S5�_&o-OFFMEI AE I rfW O FF 4- ar ' 7. Y I GWhheo I . ,ARFA 1.7 jI I I I I t ' L• r NM F F Fo-M I� 7Raf 2&159' Ea�Totl A�159 �.SF Ml1CfMlp EYl&TNG j.7 6bISE J�IvIT9U Page 19 Page 134 � E. Building - . . .. - ■21)NOT APPROVIFD � ■ me d . � - - � . ■� � �■■ � /< � - �. ■ � Page ■ � a, z - - _. Item#5. 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. 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 on the site shall comply with the non-residential design standards for commercial districts in the Architectural Standards Manual and the design standards listed in UDC 11-3A-19. b. Future development of this site shall be generally consistent with the conceptual site plan dated October 7.2021 included in Section VII and the provisions contained herein. c. The S. Locust Grove Rd. access shall be used for-emer-geney aeeessonly,unless waived by City Couneil in aeeer-d with UPC 11 3A-3 shall only be used Monday-Friday between 7AM to 5PM. d. Cross-access easements shall be granted to the abutting property to the north(Parcel# S1118110071)and south(Parcels#R0879824125 and R0879824130); a copy of the recorded easement shall be submitted to the Planning Division with the Certificate of Zoning Compliance application for this site. e. The applicant shall coordinate with the City Arborist on a mitigation plan to ensure an additional 169 caliper inches of trees removed from the property meet the standards set forth in UDC 11-313-10. f. Prior to Certificate of Occupancy,the applicant shall complete a short plat to merge Parcel# S 1118110105 and# S 1118110130 as well as the portion of Lot 2,Block of the Medimont Subdivision that was deeded to the applicant. g. The applicant shall comply with the warehouse specific use standards set forth in UDC 11-4-3-42. The proposed outdoor loading area shall not be located closer than 300 feet from the adjacent residential property to the north or fully enclosed. h. A 25-foot wide landscape buffer shall be constructed on the northern boundary to residential land use as required per UDC Table 11-2C-3, landscaped per the standards listed in UDC 11-3B-9C,unless otherwise reduced by City Council. B. PUBLIC WORKS CONDITIONS SITE SPECIFIC CONDITIONS: 2. Ensure sewer services do not cross infiltration trenches. 3. Ensure no permanent structures(trees,bushes,fences,buildings, car ports,trash enclosures, infiltration trenches, light poles,etc.)are built within a City utility easement. 4. Unused water or sewer service stubs or mains must be abandoned in accordance with current City standards. GENERAL CONDITIONS: Page 22 Page 137 Item#5. 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. 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. 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. 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. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). 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. 5. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 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. 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. 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. 9. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 10. 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. Page 23 Page 138 Item#5. 11. 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. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 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 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. 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. 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.meridianciny.or�ublic_works.aspx?id=272. 19. 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. IDAHO TRANSPORTATION DISTRICT (ITD) https://weblink.meridiancily.orglWebLinkIDocView.aspx?id=234988&dbid=0&repo=MeridianC ity D. ADA COUNTY HIGHWAY DISTRICT (ACHD) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=237340&dbid=0&repo=MeridianC iv E. NAMPA& MERIDIAN IRRIGATION DISTRICT(NMID) Page 24 Page 139 Item#5. https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=237150&dbid=0&r0o=MeridianC ky IX. FINDINGS A. Comprehensive Plan Map Amendment 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 amendment to the Comprehensive Plan,the Council shall make the following findings: 1. The proposed amendment is consistent with the other elements of the Comprehensive Plan. Council finds the proposed amendment from Mixed-Use Community to 3.1 acres of Industrial for 225 and 335 S. Locust Grove Rd. and 1.32 acres of Commercial for 381 and 385 S. Locust Grove Rd. is compatible with adjacent industrial uses in the area and is consistent with the goals and policies in the Comprehensive Plan as noted in Section V. 2. The proposed amendment provides an improved guide to future growth and development of the city. As the adjacent development pattern is industrial to the west and commercial to the south, Council finds that the proposal to change the FL UM designation from Mixed Use— Community to Industrial and Commercial will provide an improved guide to future growth and development in this area and will be compatible with adjacent industrial uses. 3. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Council finds that the proposed amendment is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan as noted in Section V. 4. The proposed amendment is consistent with the Unified Development Code. Council finds that the proposed amendment is consistent with the Unified Development Code. 5. The amendment will be compatible with existing and planned surrounding land uses. If staffs recommendations are followed regarding design and compliance with UDC standards, Council finds the proposed amendments to Industrial and Commercial will be compatible with other existing industrial and commercial uses in the area. 6. The proposed amendment will not burden existing and planned service capabilities. Council finds that the proposed amendment will not burden existing and planned service capabilities in this portion of the city. Sewer and water services are available to be extended to this site. 7. The proposed map amendment(as applicable)provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. Page 25 Page 140 Item#5. Council finds the proposed map amendment provides a logical juxtaposition of uses and sufficient area to mitigate any development impacts to adjacent properties. 8. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Section V and the subject findings above, Council finds that the proposed amendment is in the best interest of the City. B. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to annex the subject property with I-L zoning and develop industrial uses on the property. Although the FLUM presently designates the areas for mixed use community,for the reasons listed in the Comprehensive Plan Map Amendment section above staff finds industrial use is appropriate in this area and supports a plan map amendment. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds the proposed map amendment to I-L generally complies with the purpose statement of the I-L district in that it will encourage industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated entirely or almost entirely within enclosed structures and is accessible to an arterial street(i.e. S. Locust Grove Rd.). 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed industrial use should be conducted entirely within a structure. 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 City services are available to be provided to this development. 5. The annexation(as applicable)is in the best interest of city. Council finds the proposed annexation is in the best interest of the City, if the applicant enters into a new development agreement and adheres to the DA provisions above. Page 26 Page 141 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Amended Findings of Fact, Conclusions of Law for McFadden Property (H- 2021-0048) by Doug Tamura, Located at 104 W. Cherry Ln. Page 142 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN^' AND DECISION&ORDER In the Matter of the Request for Annexation and Zoning of 20.45 acres of land with the C-C (Community Business District)zoning district,by Doug Tamura. Case No(s).H-2021-0048 For the City Council Hearing Date of: October 12,2021 (Amended Findings on November 23,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 12,2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 12, 2021,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of October 12, 2021,incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 12,2021, 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 October 12,2021, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MCFADDEN PROPERTY-FILE#H-2021-0048) - 1 - 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 to C-C is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 12,2021, 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 October 12,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MCFADDEN PROPERTY-FILE#H-2021-0048) -2- By action of the City Council at its regular meeting held on the 23rd day of November 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 11-23-2021 Attest: Chris Johnson City Clerk 11-23-2021 Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 11-23-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(MCFADDEN PROPERTY-FILE#H-2021-0048) -3- EXHIBIT A STAFF REPORT C: E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/12/2021 Legend p� , DATE: ff IJ Project Luca Sim TO: Mayor&City Council FROM: Alan Tiefenbach 3 Bruce Freckleton,Development Services Manager SUBJECT: H-2021-0048 McFadden Property LOCATION: The site is located at 104 W. Cherry Lane, in the East 1/2 of the SE 1/4 of the SE 1/4 of Section 1,Township 3N, Range 1W. � � r7n rm rnn mr I. PROJECT DESCRIPTION Annexation and zoning(AZ) of 20.45 acres of land with the C-C(Community Business District) zoning district. The main purpose for seeking annexation at this time is to ensure this area can be included as part of the Northern Gateway Urban Renewal Plan currently being developed by the Meridian Development Corporation(MDC). IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 20.45 Future Land Use Designation Mixed Use Community(MU-C) Existing Land Use(s) Rural Agricultural Proposed Land Use(s) Mixed Use Lots(#and type;bldg./common) One existing,future to be determined. Phasing Plan(#of phases) 2 Number of Residential Units(type N/A I of units) _ Amenities Amenities will be determined with future build-out. Staff is recommending a development agreement provision that requires detailed amenity,open space and circulation plans after construction of the first phase. Physical Features(waterways, Settler's Canal bisects the property cast to west. hazards,flood plain,hillside) Neighborhood meeting date;#of June 23,2021 -6 Attendees attendees: Page 1 Page 146 Item#6. Description Details Page History(previous approvals) N/A B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes(future proposals will require additional ACHD review). • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State N.Meridian Rd.and W.Cherry Ln. (both Hwy/Local)(Existing and arterials). Proposed) Traffic Level of Service LOS>E Stub First phase will rely on access from N.Meridian Street/Interconnectivity/Cross Rd.and W.Cherry Ln. Access Existing Road Network N.Meridian Rd.and W.Cherry Ln. (both arterials). _ Existing Arterial Sidewalks/ There are no existing buffers.Existing sidewalk Buffers between 5'-7' exists along the N.Meridian Rd. /W Cherry Ln. Rd. frontage. Proposed Road Improvements No proposed road improvements with the first phase. Distance to nearest City Park(+ 3/4 miles to Settlers Park size Fire Service • 1 No comments on this phase. Police Service • Distance to Police No comments on this phase. Station West Ada School District • Distance(elem,ms,hs) No comments submitted Wastewater • Distance to Sewer N/A Services • Sewer Shed South Black Cat Trunkshed • Estimated Project Sewer See Application ERU's • WRRF Declining 14.18 Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Comments • Sewer is available in N.Meridian Rd. • Capacity availability will be determined when development is proposed for the property. Water • Distance to Water 0 Services • Pressure Zone 2 Page 2 Page 147 Item#6. Description Details Page • Estimated Project Water See Application ERU's • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns No changes to public water infrastructure.Any changes to infrastructure must be approved by Public Works. Page 3 Page 148 1 1 1 R l : ONE L FW CH ERRY I I R ,q FW 111 ==ME mill =■ �` zn AN MI nor=■-- +� { � i •:' ',"i ■ ■� ■= �......._ : 1�: � � NII ,.�`Tt' •I t *.'. +- � .Sy�F '�+ Ion 111■ 111■ �_ 8-6 ' ■■■■■■ ■■H■ i ■■=:S ■■■■::S ■ ■N1■ No ul _ ■■� ul ■ ■ _ IIIINNIIII IIIINNIIII I� ■ N Nimim ■ '2_ ■ '2_ • ! 1■ 1P 111 =■I IN ;=Jim No 111 =■ il: NO U ME �ITI -3 MI ■uu■11■ �� ■ ■■■■u ■uu■111 �� M- ■,� ■■■■■■ Em ■ •■ � ..uuu � ■I — : ■ •■ � ..uuu :� -- ■I� — ■ _ �■ . uuu _ �= ■■ . uuu .��� =_ J� �—7■ ■ NEW ■ ■ •$■u■1 • • �■ ■ ■u■1 �� ■■ ■■ = ... 111■■1■ ' 11 ■ ■ N■ �■ :... 1■1■11■ �: 1■11■ N61■■ ■ ■ ■■ ■■ -------••- � �: � NII ■ ■■ ■■ - ...._ .= 1�: � � NII .. ■■N■■ ■ ■= : : 111 ■■ ■■N■■ ■ r : -: mill= �1111 Item#6. III. APPLICANT INFORMATION A. Applicant: Doug Tamura— 1124 Santa Maria Dr,Boise, ID 83712 B. Owner: Kobe LLC - 1124 Santa Maria Dr,Boise, ID 83712 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 8/27/2021 9/26/2021 Radius notification mailed to properties within 300 feet 8/25/2021 9/29/2021 Sign Posting 9/7/2021 9/29/2021 Nextdoor posting 8/26/2021 9/30/2021 V. STAFF ANALYSIS A. Annexation The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. A legal description and exhibit map for the annexation area and area of rezoning is included in Section VII. To ensure the site develops consistent with the Mixed-use Community design elements and future Northern Gateway concepts, staff recommends a development agreement to guide future development of the site. B. Future Land Use Map Designation(hgps://www.meridiancity.or /�compplan) The FLUM designates the property for Mixed Use Community. The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses,including residential, and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas tend to be larger than in Mixed Use Neighborhood(MU-N) areas,but not as large as in Mixed Use Regional (MU-R)areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. The Comprehensive Plan describes components of what would be considered mixed use. Elements pertinent to this proposal include: • At least three types of land uses; • Higher density residential development encouraged when there is a potential for an employment center; • Mixed Use areas typically being developed under a master or conceptual plan; during an annexation or rezone request, a development agreement; Page 5 Page 150 Item#6. • 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; • Transitional uses and/or landscaped buffering between commercial and existing low- or medium-density residential development; • 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 being expected; • Being 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; and, • All mixed-use projects being accessible to adjacent neighborhoods by both vehicles and pedestrians. Pedestrian circulation should be convenient and interconnect different land use types. Vehicle connectivity should not rely on arterial streets for neighborhood access. In addition,the Plan discusses the following additional pertinent requirements for mixed use community: • Residential uses should comprise a minimum of 20%of the development area at gross densities ranging from 6 to 15 units/acre; • Vertically integrated structures being encouraged; • Unless a structure contains a mix of both residential and office, or residential and commercial land uses, maximum building size should be limited to a 30,000 square foot building footprint. For community grocery stores, the maximum building size should be limited to a 60,000 square foot building footprint; The applicant submitted a conceptual plan as part of this application. The Plan shows three buildings oriented to the W. Cherry Ln./N. Meridian Rd. corner with parking in the front of the W. Cherry Lane frontages, 5 more buildings to the north along N. Meridian Rd. with parking to the back and to the side, and a Phase Two in the center which is intended for future commercial office,retail,hotel or multifamily uses. The concept plan indicates restaurant,retail,hotel, office and multifamily family uses proposed for the site,which would be consistent with the requirement for at least three uses. Also, Phase Two does indicate a potential for a multifamily component, although there are no details provided at this time. The applicant's narrative suggests their intent is to develop the buildings shown along N. Meridian Rd. and W. Cherry Ln. as an initial phase,with uses including a gas station with convenience store, additional retail or office, and multifamily and/or hotel uses as a second phase. The applicant proposes that before any specific use may be constructed within Phase 11, a Development Agreement Modification must be approved that would include a conceptual plan for that area. Staff does support a limited amount of commercial construction occurring in the short term at the SE corner based on the concept plan that has been provided thus far,but does have concerns allowing complete build-out along both arterials as presently shown. As the Page 6 Page 151 Item#6. intersection of W. Cherry Ln. and N. Meridian Rd. is intensely commercial, staff believes build-out in this immediate area could occur in the short term under the concept plan as shown and have limited impacts to the overall cohesiveness of the project. Also,because this intersection is so intensely commercial, staff believes it appropriate to have automobile- oriented uses directly at the intersection,with the buildings in this area providing a buffer for the buildings more internal to the project as well as allowing the buildings further to the north and along N. Meridian Rd. to transition to more integrated mixed use. Also,because this property would be the entrance into the Northern Gateway District, staff believes some type of entry or identity feature for this development appropriate. Based on the concept plan submitted by the applicant, staff recommends allowing development of the three commercial buildings along the W. Cherry Ln.frontage and south of the existing access at N.Meridian Rd. as the first phase of this development.A development agreement modification and detailed concept plans that are consistent with the mixed-use community designation of the Comprehensive Plan and the Northern Gateway District would be required prior to any additional development.However,as part of the first phase,staff recommends the development agreement require the building orientation account for a gateway or entry feature at the SE corner, near the intersection as will be discussed further in the qualified open space section. C. Comprehensive Plan Policies(ht(ps://www.meridiancily.or /g compplan): • Encourage diverse housing options suitable for various income levels,household sizes,and lifestyle preferences. (2.01.01) The Plan notes an intent of mixed use is to integrate a variety of uses, including residential. Residential uses should comprise a minimum of 20%of the development area at gross densities ranging from 6 to 15 units/acre.Although the intent of this application is to annex the property into the City so it is eligible to be included into the North Gateway Plan and for development of the first three commercial buildings, the applicant has indicated a residential component on the concept plan in a future phase. Types of housing and the density would be addressed in this future phase, but because this residential would be in a mixed-use center and at a higher density, it would likely lead to diversity in housing satisfying this goal. • 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) As mentioned above, although residential is not planned with this current phase, given the nature and density of housing that would occur in this mixed-use center under future development, it would likely increase diversity in housing. • Locate higher density housing near corridors with existing or planned transit,Downtown, and in proximity to employment centers. (2.01.01H) The Destination Downton Plan indicates W. Cherry Ln. as a future transit line, and N. Meridian Rd. is a major commercial corridor. The site is located on a major commercial intersection, with a range of services including a grocery store, directly across N. Meridian Rd. to the east. There are numerous employment opportunities in this area, and it is adjacent to what is still considered the Downtown Area. • Support redevelopment and infill opportunities Downtown. (2.09.01) The subject parcel is an enclave parcel with all surrounding land developed and existing infrastructure available. This would be considered infill development. Page 7 Page 152 Item#6. • Develop concept plans of potential destination activities and promote appropriate development, infill, and redevelopment of activity centers. (2.09.03E) This application is to annex the property into the City so Meridian Economic Development Corporation can include the property into the new Northern Gateway Plan, and to allow the applicant to construct the first three buildings.As mentioned, a development agreement modification will be required for any future phases, which will include detailed concept plans. This project is eventually intended to be an activity center. • Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments. (3.07.02A) Staff is recommending a development agreement provision that will require the developer to submit a plan illustrating how pedestrian connections in the first phase area will tie to future phases of the development.A complete pedestrian circulation will be required as part of the development agreement modification for future phases. • Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability. This project is intended to develop as a mixed-use center. • Focus development and redevelopment intensity on key transportation corridors. (3.07.02C) This property is located on the intersection of W. Cherry Ln. and N. Meridian Rd., both key transportation corridors, and W. Cherry Ln. is anticipated to eventually be a transit line. D. Existing Structures/Site Improvements: The property is presently vacant, although it is being used for horse pasture. E. Proposed Use Analysis: At this time,proposed uses are only conceptual. However,the Applicant's concept plan depicts multi-family residential, commercial,hotel and office/retail uses.This application is requesting C-C zoning. All the above uses are principally-permitted except for multi-family residential, which is a conditional use in the C-C zoning district per UDC Table 11-2A-2. As mentioned in the comprehensive plan analysis above,this property is recommended for mixed use community uses,with an intent to provide community-serving uses and dwellings seamlessly integrated into the urban fabric and an integrated variety of uses. Use requirements include at least three types of land uses,higher density residential, and at least 20%residential at gross densities ranging from 6-15 unit/acre,but a mixed-use designation is not intended for high density residential development alone.Vertically integrated structures are encouraged,but unless a structure contains a mix of both residential and office, or residential and commercial land uses, maximum building size should be limited to a 30,000 square-foot building footprint unless it is a grocery store,which can have a footprint up to 60,000 sq. ft. Plazas, open spaces,gathering spaces and similar should comprise at least 5%of the developable area. As mentioned,based on the submitted concept plan, staff is amenable to supporting development of the first three commercial buildings along the W. Cherry Ln. frontage and south of the existing access along N. Meridian Rd. in the short term but believes more detailed concept plans should be approved before further buildout can occur in order to ensure this development is representative of the type of mixed-use development illustrated by the Plan.In addition to the other DA requirements already listed, Staff recommends a DA provision that limits building footprints to 30,000 sq.ft or 60,000 sq.ft for a grocery store unless vertically-integrated Page 8 Page 153 Item#6. structures are proposed,a requirement that at least 20% of the square footage in future phases be residential, and at least 5% of the developable area being plazas,gathering places,etc. This would be in addition to any open space or amenity requirements for multifamily development. F. Specific Use Standards(UDC 11-4-3): The concept plan indicates a wide range of commercial retail, office,hotel and multifamily uses. At time of development agreement modification or Certificate of Zoning Compliance proposed development will be reviewed against the specific use standards of UDC 11-4. G. Dimensional Standards(UDC 11-2): All future lots,buildings and public streets shall be required to meet all UDC dimensional standards. This includes property sizes,required street frontages,road widths, and development consistent with the mixed-use community principles listed in the Comprehensive Plan. H. Access(UDC 11-3A-3, 11-3H-4): The property is presently served by two arterials-W. Cherry Lane and N.Meridian Rd.N. Meridian Road is improved with 5 travel lanes,curb, gutter, and 5-foot wide concrete sidewalk abutting the site. Cherry Lane is improved with 5 travel lanes,curb, gutter, and 7-foot wide attached concrete sidewalk abutting the site to the east of the existing driveway on Cherry Lane. There is 5-foot wide attached concrete sidewalk abutting the site to the west of the driveway. The concept plan shows 3 access points from N. Meridian Rd., one access from W. Cherry Ln., and a stub to the office park at 3537 Hunters Cir. There are two existing curb-cuts providing access to the property. There is an existing 26-foot- wide driveway from N. Meridian Rd. approximately 500 feet north of Cherry Ln.,and a 26-foot- wide curb cut driveway providing access from Cherry Ln. approximately 300 feet west of N. Meridian Rd.ACHD has responded that if a property has frontage on more than one street,access shall be taken from the street having the lesser functional classification. Cherry Ln. is a principal arterial and ACHD policy typically prohibits access from a principal arterial if access from a lesser classified street(N. Meridian Rd.) is available.ACHD has noted the existing access on Cherry Lane is not guaranteed to be allowed by ACHD as part of a future development application. If access is requested on Cherry Lane, an access analysis may be required to be submitted to ACHD for review prior to the submittal of the development application which may include a waiver. Staff notes the concept plan indicates the southern access being moved to the west,which would unlikely be supported due to spacing requirements with NW 3d St. ACHD has responded a TIS will likely be required for this project. As the purpose of this present application is very preliminary at this time, staff will await conditioning the access points until such time that future development applications and a TIS are submitted. However, staff does have concerns with the three access points along N. Meridian Rd.,whether ACHD would approve two additional accesses, and whether spacing for the northern access is adequate from W. Willowbrook Dr. (as well as shifting the existing access along W. Cherry Rd. to the west). Finally, future development in the area should also provide access to the west in accord with UDC 11-3A-3.NOTE: City Council has the ability to grant the proposed access points to the abutting arterials,however staff does recommend future decision should be deferred until ACHD has determined the appropriate access to this property,confirmed through a reviewed and approved traffic study. Internal circulation should be consistent with the mixed-use goals of providing wider sidewalks, street trees,complete streets and providing accessible pedestrian connectivity. Also,the Destination Downtown Plan anticipates a future transit line along W. Cherry Ln. This should be Page 9 Page 154 Item#6. considered in future circulation and multi-modal plans.At time of Certificate of Zoning Compliance for the three buildings as recommended by staff,or during time of the development agreement modification for development of the remainder of the property, additional analysis will be required, and may require a TIS at a later date. Staff is recommending a DA provision that the required DA mod for future development include a circulation plan that addresses future access points,internal and external automobile circulation,transit connectivity and locations of possible transit shelters,and multi-modal"complete street" design including pedestrian circulation plan consistent with mixed use development goals. I. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-5 for all uses other than single-family detached dwellings. Included in these standards are those for commercial and retail,office, and restaurant uses. The Plan does encourage vertically-integrated mixed-use buildings. The concept plan does not indicate these types of buildings at this time. However, as already mentioned, staff recommends only allowing development of the three commercial buildings along the W. Cherry Ln. frontage and south of the existing N.Meridian Rd. access for the first phase. If vertically integrated buildings are proposed,there are specific parking requirements per UDC 11-3C-6. Future planning land use applications will determine the required number of parking spaces for all uses. J. Pathways ( UDC 11-3A-8): No multi-use pathways are proposed or required with this development. However,one of the main goals of a mixed-use designation is wider sidewalks,outdoor furniture,and safe non- motorized access and connectivity. Staff is recommending a DA provision that prior to any development on the site,the applicant provide a plan illustrating how pedestrian connections in the first phase area will tie to future phases of the development.A more comprehensive circulation plan will be required with future DA modifications so staff can analyze pedestrian circulation on the site once end-users are known for the proposed development. K. Sidewalks(UDC 11-3A-17): Sidewalks are already existing along the W. Cherry Ln. and N. Meridian Rd. frontages. Future development projects on this site will be analyzed for compliance with the required sidewalk widths and locations. L. Parkways (UDC 11-3A-17): No parkways are shown with the first conceptual plan,but any parkways associated with future development shall meet the requirements of UDC 11-3A-17. M. Landscaping(UDC 11-3B): A 25-foot wide landscape buffer is required adjacent to both W. Cherry Ln. and N. Meridian Rd., landscaped per the standards listed in UDC 11-313-7C. Internal parking lot landscaping will be required per UDC 11-3B-8, and a residential landscape buffer will be required along the western and northern property lines which abut existing residential zone districts. To ensure consistent and cohesive installation of landscape buffers, staff recommends a development agreement requirement that prior to any development of the site, a 25' wide landscape buffer shall be installed along the W. Cherry Ln. and N.Meridian Rd.frontages.This will require coordination with ACHD and the City regarding approved points of access. For any development beyond the first phase,staff recommends the applicant submit an open space plan that includes common useable areas, amenities,outdoor gathering places and plazas, Page 10 Page 155 Item#6. green spaces,and landscape buffering and transitioning between uses consistent with the objectives of the Mixed-Use Community designation. N. Qualified Open Space (UDC 11-3U): The Applicant has requested C-C zoning and has stated their intention of developing a mix of uses including retail commercial, office,restaurant,hotel and multifamily uses. In the C-C zone, multi-family residential is a conditional use and qualified open space will be required based on the square footages of units per the specific use standards in UDC 11-4-3-27 (the requirement for open space to be provided under both sections of code is currently under review by staff and the Open Space Committee; therefore,this statement may not be entirely accurate and the Applicant may have different standards that are required upon submittal of future land use applications). As mentioned,plazas,open spaces, gathering spaces and similar elements are mentioned in the Mixed-Use Community policies. The Plan also mentions establishing distinct, engaging identities within commercial and mixed-use centers through design standards. Development of future phases will require a complete open space and circulation plan that addresses interior building orientation, common useable areas, outdoor gathering places and plazas throughout the development. Staff recommends future development agreement modifications include a requirement for a prominent gateway and/or entry feature to announce the corner at the SE portion of the site. The applicant should coordinate with the City and MDC on this feature. O. Qualified Site Amenities (UDC 11-3U): As mentioned throughout this report, staff is recommending an entry feature or element at the southeast portion of the site,with open space, amenity and multimodal circulation plan required for future phases. Future multifamily development will require additional amenities as outlined in UDC 11-4-3-27. P. Waterways(UDC 11-3A-f: The Settlers Canal bisects the property east—west in approximately the center of the property. The canal will be required to be piped or designed as an amenity as required by UDC 11-3A-6. Q. Utilities (UDC 11-3A-21): Public services are available to accommodate the proposed development. All water and sewer is available in N. Meridian Rd. R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): No building elevations were submitted with this application. As stated above, staff is only supporting the development of the first three buildings directly at the southeast portion of this site with this application. These buildings will be required to meet minimum architectural standards as required in the Architectural Standards Manual(ASM). However,the purpose of the mixed- use designation is to promote compatible land uses within a close geographic area to create sense of place with innovative and flexible design encouraged. Architectural design principles of mixed-use developments include a cohesive design theme,pedestrian oriented features such as increased ground floor transparency(windows), awnings,porches or other overhangs,pedestrian lighting,building relationship in regard to scale,massing and orientation, fagade differentiation, and 360-degree architecture. To ensure consistency as the development builds-out, Staff is recommending a DA provision that requires buildings to incorporate cohesiveness in design.Conceptual building elevations will be required with the development agreement modification required for future phases. Page 11 Page 156 Item#6. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and the provisions noted in Section VII.A per the findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard this item on September 16. 0021. At the public hearing.the Commission moved to recommend approval of the subject annexation request. 1. Summary of the Commission public hearing: a. In favor: Doug Tamura b. In opposition:None c. Commenting: Doug Tamura d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Earl Rice.representing Church of God directly adjacent to property voiced concerns with potential traffic.,potential height of buildings, and potential uses that could go there. 3. Key issue(s)of discussion by Commission. a. None 4. Commission change(s)to Staff recommendation: a. None C. The Meridian City Council heard this item on October 12,2021.At the public hearing the Council moved to approve the subject annexation and zoning requests. 1. Summary of the City Council public hearing: a. In favor: Doug Tamura b. In opposition:None C. Commenting: Doug Tamura d. Written testimony: Ashley Ford-Sguvres with Meridian Development Corporation testified in favor of the application. e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Council discussed concerns regarding allowing the first three buildings without a comprehensive concept plan,whether amenities and open space had been considered. whether a taller hotel had been considered on the corner,could the entire project be master-planned,whether the applicant has been working with Meridian Development Corporation.and if staff had considered the transit corridors that were designated in the area. 4. City Council change(s)to Commission recommendation. a. City Council continued the case to October 26,2021 for staff and the applicant to prepare Endings and a development agreement that allowed annexation and zoning to C-C. b. Council conditioned the approval that prior to any development or building permit the applicant would submit a development agreement modification that included a Page 12 Page 157 Item#6. comprehensive concept plan(s)that addressed all of the issues discussed including land use,motorized and non-motorized circulation,transit corridors,building size and placement, open space and amenities, architecture,the recommendations of the Meridian Development Corporation and other pertinent planning documents,and is consistent with the principles of Mixed Use Community as described in the Comprehensive Plan. Page 13 Page 158 Item#6. VII. EXHIBITS A. Annexation Legal Description and Exhibit Map ELSENGERRITSON LAND SURVEYS,PLL C. 2251 S. Sumac Street, 8orse, Who 83TO6 Tefeyoflone(206)ft-6032 nke@afsurme.com 78 June 2021 ELS Pro V No.210603 Land Desafgw for annexation Contains 894,594 Square feet of 20.45 acres more or less EXHIBIT A The East'ls of the SE X of Ihs SE`l4 of Soctian 1,Township 3%rth.Range 1 'Nest,Boise Meridian,Ada County,Idaho, described as folours: Commencing at a found brass Cap monument marking the S E comer of said Section 1 at the center line inlemadon of West Chigrry Lane and North I.leridian Road,the POINT OF BEGINNING from which a found aluminum cap monument marking the E%oomar of said^.,action bears N W I8'02"E a distance of 2M.32 W; Thence waOady along the south line of said Section and the center line of West Cherry Lane N 59°27'04'N a distance of 675.50 feet to a paint from which a found brass cap rnonumenl marking the 8'/a comer of said Section hears N 89°27'04'W a distance G1 IR79.77 feel; Thewe leaving said fines N 00"33'94"E a distance of 1324.25 feet to a Hued steel or: Thence S 89°27'32'E a distance of W9,51 feet to a found brass cap monument markerg the S 111r n corner on the East fine of said SeeBah 1 AiNd the canter line of said North Meridian Road; Thence southerly along said cwter line and Seclfon line S 00'18'02'W a distance of 1324.35 feet IQ the POINT OF BEGINNING, The above-daspibad tract of land contains 20.46 acres more or less subieel to all existing essenrents and rights of-way, SEE EXHIBIT B ATTACHED AND MADE PART OF . o 8793 9 144 Ze J uW ZOZ•f r£:1El54PrOJoCi892p21131fl60.�lAtlminy,egsls12106�3 bexrip6on,doc Page 14 Page 159 Item#6. Ci oo i �r cog I r it ItT .- N hit , I i h—_—._._____ I 9 Page 15 Page 160 Item#6. B. Site Plan(date: 8/20/2021)(NOT APPROVED) a J r 1 r � I r I z I� . r r � - r r Staff supports this area being ® developed as the ® first phase. OL — — — ----------------- i Page 16 Page 161 Item#6. 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. Prior to development or building permit,the applicant shall submit a development agreement modification that includes a comprehensive concept plan(s)that dresses all of the issues discussed including land use,landscaping,motorized and non-motorized circulation,transit corridors,building size and placement.entry features,open space and amenities. architecture,the recommendations of the Meridian Development Corporation and other pertinent planning documents,and is consistent with the principles of Mixed Use Community as described in the Comprehensive Plan, b. With first phase of development, the appheant may develop up to thfee(3) eemmer-eial buildings .,left.the W. rl.o,...,,La. fFen4age and south of the o aeeess .,t AT eats: 1. The applieai4 shall submit a plan illust-F4ing how pedestFia-n ewmeetions in the first phase area will tie to A#ur-e phases of the developmen4 with the first eel4ifiea4e of 2. feature a4 the SE eefaer-,near-the in4efseetiea with the first eet4ifiea4e of zenta eem.1; rMer-id •,�ceeerd a-nee wi T Tcrr v T -1 B--. b.With any other-phase of future Elseyelepmef4,the developer-shall submit for-a a. Geaer-a4 layet#a-ad eenfigufa4ion of buildings for-the remainder-of the site. ineluding, ,ft to er-e4e some f,-m.,f.,e me sable area, sueh. design. „l.,tie ," l.,t t- o .,edest-Fi ,� . „ ie ans:t tiy t„ * lee beefs e possible t,.ans t shelters if future t,.ans t: pr-ojeeted i this . oa and multi Page 17 Page 162 Item#6. modal" .l ete st eet"design; el,,,a;n..pedest,-ia eenneetivity eensiste t with mixed use develepmefA goals. c. , afflenities, eutdoer-gather-ing plxees and plazas,gr-eefi spaees,and a-ads buffef4ft and t,-ans t;,,, ing between uses eensistefft with the obje twee of the Mixed Use Ceffffntinity designation.At least 0 ,;of the teW developable area sha44 be plazas,gatheringg plaees, ete. This wound be in addition to any open spaee design, ped_stfia-a and treet-oriented-eatxresi and 360 degree-arEhiteett�r c. Futwe develepmef4 of the site shall eemplywith design eefleepts established for-the flew 2L. Building feetpr-ifAs shall be lifnited to >000 sEl. ft or- > ialegfated bttildiags as one of the tises, 3-. The development shall eentain at least three types of!a-ad tises,whieh eeti4d ineltide vertical!ef the develepmefA area at gFess densities deyel,,,., efA. ,mot medifieation. 5. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. Access and the proposed street network shall be reviewed and approved by ACHD. B. PUBLIC WORKS GENERAL CONDITONS 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 Specifications. 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. 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. Page 18 Page 163 Item#6. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). 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. 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. 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. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standard 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 records of their abandonment. 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. 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. 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. 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. 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. 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. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. Page 19 Page 164 Item#6. 17. 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. 18. 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. 19. 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. 20. 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.oW,Ipublic works.aspx?id=272. 21. 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. 22. 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. 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 annexation and proposed zoning map amendment to the C-C would be consistent with the Comprehensive Plan if all provisions of a Development Agreement are complied with. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment will allow for the development of multiple types of residential and commercial uses. This will contribute to the range of housing Page 20 Page 165 Item#6. opportunities and goods and services available within the City and more employment opportunities in the Downtown Area, consistent with the Comprehensive Plan and the purpose statement of the Mixed-Use Community designation. 3. The map amendment shall not be materially detrimental to the public health,safety,and welfare; As long as Commission's recommended conditions of approval are followed, Council would find this annexation and zoning 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. The subject property is a 20.45 acre enclave property on an intensely commercial intersection surrounded on all sides by existing development.Additionally, the new Northern Gateway Urban Renewal Plan is being developed with this property.As long as the property develops consistent with the Mixed-Use Community principles as discussed above and Commission's recommended conditions of approval are followed, Council finds this annexation would be in the best interest of the City. Page 21 Page 166 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: First Amendment to Professional Services Agreement Between the City of Meridian and Trauma Intervention programs, Inc. (TIP) Page 167 Item#7. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Police Department Meeting Date: November 23, 2021 Presenter: Lt. Caldwell Estimated Time: 5 minutes Topic: First Amendment to Professional Services Agreement with Trauma Intervention programs, Inc. (TIP) Recommended Council Action: Requests Mayor signature on agreement Background: Page 168 FIRST AMENDMENT to PROFESSIONAL SERVICES AGREEMENT WITH TRAUMA INTERVENTION PROGRAMS,INC. This First Amendment To Professional Services Agreement With Trauma Intervention Programs, Inc. ("First Amendment") is made this23rd day of November, 2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter"City"), and Trauma Intervention Programs, Inc., a nonprofit organization organized under the laws of the State of California("TIP") (collectively, "Parties"). WHEREAS, on October 27, 2020, the Parties entered into an Agreement entitled, "Professional Services Agreement with Trauma Intervention Programs, Inc." ("October 27, 202 Agreement") establishing the Parties' respective rights and responsibilities regarding the provision of comprehensive emotional and practical support services, on an as-needed basis,to victims of emergency situations and traumatic events; WHEREAS,the Parties wish to extend the term of the October 27, 2020 Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and in the October 27, 2020 Agreement, TIP and the City hereby agree and contract as follows: 1. Provisions modified. A. Section III of the October 27, 2020 Agreement shall be amended to read as follows: III.TERM. This Agreement shall expire on September 30, 2022, unless earlier terminated or extended in the manner as set forth in this Agreement. B. Section IV of the October 27, 2020 Agreement shall read as follows: IV.PAYMENT. Within thirty (30) days of receipt of invoice; completed W-9 form; proof of insurance as required by this Agreement, City shall pay TIP a maximum amount of fifteen thousand,three hundred and forty-six dollars and eighty cents ($15,346.80) for the services to be performed hereunder. It is understood by the Parties that this amount represents twelve cents per City resident(i.e. 106,410 persons times 00.12 cents per person). City shall not withhold any federal or state income taxes from any payment made by City to TIP under this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of TIP. 1I. All other provisions in effect. Except as expressly modified by this First Amendment o other duly executed amendment, all provisions of the October 27, 2020 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the October 27, 2020 Agreement or this First Amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH TIP,INC. PAGE 1 OF Item#7. TRAUMA INTERVEN 1 NN PROGRAMS,INC: K r Neal cnk s,Chief Executive Officer CITY OF MERIDIAN: BY: Robert E. Simison,Mayor 11-23-2021 Attest: Chris Johnson,City Clerk 11-23-2021 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH TIP.INC. PAGE 2 OF 2 Scanned with CarnScanner Page 170 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Task Order 10650.e for Well 31 Water Treatment Facility to J-U-B Engineers for the Not-to-Exceed Amount of$257,050.00 Page 171 C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez Meeting Date: 11/23/2021 Presenter: N/A Estimated Time: N/A Topic: Task Order 10650.e Well 31 Treatment Facility Recommended Council Action: Approve Task Order 10650.e for Well 31 Water Treatment Facility to J-U-B Engineers for the Not- to-Exceed amount of$257,050.00 and authorize Procurement Manager to sign the associated Purchase Order for the Not-to-Exceed amount of$257,050.00. Background: The specific well location (Kentucky Ridge Subdivision) has been experiencing water quality issues and the consultant will design a feasible treatment option and implement the preferred water treatment technology at Well 31. Page 172 TASK ORDER NO. 10650.e Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND JUB ENGINEERS, INC (ENGINEER) This Task Order is made this day of November 2021 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by J-U-B ENGINEERS, INC, hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (category 1 d) between the above mentioned parties dated October 1, 2020. The Project Name for this Task Order is as follows: WELL 31 WATER TREATMENT FACILITY PROJECT UNDERSTANDING-SUMMARY The City of Meridian (City) domestic water system experiences water quality issues related to the precipitation of iron and manganese from groundwater resulting in brown water events, reduced chlorine residuals, extended system flushing, and customer complaints. The purpose of this project is to design a feasible treatment option and implement the preferred water treatment technology at Well 31 located in the Kentucky Ridge Subdivision in its community park north of W. Riodosa Drive, approximately 775 feet south of W. Victory Road. The City intends to construct a filtration system for the Well 31. Expected flows will range from 500 to 660 GPM. The project will consist of: (1) Establishing iron and manganese removal criteria at Well 31. (2) Completing final design and preparing specifications for the procurement of an iron and manganese removal system from an equipment supplier using a competitive procurement process. (3) Completing final design and preparing a construction document package for the City's use in obtaining bids for the construction and installation of the water treatment facility—the previously procured equipment and a building to house the equipment. Task Order 10650.e Well 31 Water Treatment Facility Page 1 of 13 JUB Engineers, Inc. SCOPE OF WORK Task 1 — Project Management and Administration Provide the overall project planning, management, scheduling, coordination of efforts and the day-to-day administrative tasks required for this Task Order. Specific tasks include: • Project setup (electronic folders, financial system, design team). • Coordinate quality assurance and quality control process. • Attend kickoff, 30% (PER), 50%, and 90% design project review meetings. Deliverables • Prepare written monthly progress reports. The reports will include the following items: • A written description of the progress of the work accomplished to date. • A summary of project issues and concerns that need to be resolved. • A summary of changes in contract amount or time (if applicable). • Monthly invoices for work completed. • Monthly progress reports and detailed invoices. • Meeting notes. Task 2 — Pilot Test Review Provide assistance to the City for review of others' pilot testing plan. J-U-B will review the results of the pilot test and provide a brief tech memo summarizing design criteria to be used as the basis of design. Scope of Work and/or task order cost revisions may be required at that time. The final tech memo will be provided to IDEA as an attachment to the Preliminary Engineering Report (Task 7). Deliverables • Draft and final Well 31 Pilot Study Review and Basis of Design Task 3 - Entitlements & Public Involvement Assist the City in obtaining a certificate of zoning compliance. If the preferred layout of new facilities does not meet setback or other dimensional requirements, J-U-B will assist the City in obtaining a variance. J-U-B will specifically provide the following: • Certificate of Zoning Compliance — J-U-B will prepare the submittal package per Community Development Department requirements for obtaining a certificate of zoning compliance. • Public Involvement — If authorized by the City, J-U-B will provide public involvement services that may include mailers, door hangers, or limited door-to- door visits. • Variance Application — If required by the final design layout, J-U-B will prepare a variance application for submittal to the City of Meridian Community and Task Order 10650.e Well 31 Water Treatment Facility Page 2 of 13 JUB Engineers, Inc. Development Services (CDS). This will include one (1) pre-application meeting with the City CDS staff. TASK 4 - Iron and Manganese Removal Equipment Procurement Package Prepare technical specifications to solicit bids for water treatment equipment for the Well 31 treatment project through a competitive procurement process. Prepare draft performance specifications for the preferred equipment and review it with the City in a Workshop. It is anticipated that the specifications will likely include: • A range of expected well water quality. • The results of the Well 31 pilot testing. • Well production and pressure information. • Equipment performance requirements for removal of iron and manganese and other pertinent parameters. • Requirements for identifying and defining treatment system operational and maintenance costs. • Surface loading rates, number of cells, redundancy. • Limitations on backwash flow and volume that are allowed. • Requirements for a guaranty of treatment performance. • Penalties for not meeting the treatment guarantee. • Requirements for submittals, training, startup, and operations and maintenance manuals. Deliverables • Draft and final technical performance specification for treatment equipment in electronic (PDF & word) format. • Process flow diagram and overall plan drawing of the equipment. Task 5: Equipment Procurement Bidding Assistance Assist the City during the procurement bidding process of the water treatment equipment in responding to technical questions from prospective bidders. J-U-B will assist the City's evaluation and selection of the proposed treatment equipment following the receipt of bids through the competitive bidding process. It is anticipated that the technical information to evaluate will likely include: • Bidders' qualifications • General product information • General layout drawings • Product performance information • Treatment system operational and maintenance costs • Example project installations • References The City will administer the equipment procurement process. J-U-B will assist the City in responding to technical questions that the City is unable to answer through the review of the Contract Documents. Task Order 10650.e Well 31 Water Treatment Facility Page 3 of 13 JUB Engineers, Inc. Deliverables • Written responses to technical questions. • Technical evaluation of treatment equipment submittals and concurrence of City's recommendation of award of procurement contract. Task 6: Survey and Mapping Provide topographical survey and prepare base mapping for the design of the water treatment facility at the existing well site and for the drain line outfall alignment to the existing sanitary sewer trunk. It is anticipated that the effort will include: • Research and Utility Request: Research available land monuments, plats, records of survey, right-of-ways, and recorded easements on the project site. Contact utility companies prior to survey via Dig-line to request field locations of utilities and available utility mapping. Utilities will be shown to the extent they are visible in the field, or located by the utility or Owner. It is assumed that the City will provide Title Reports for all properties that will be encroached upon by the proposed project. • Survey Control: Establish survey control at the site and along the outfall line alignment using: horizontal coordinate system, NAD 1983 translated to the Ada County G.I.S. system, and vertical control based on NAVD 1988. Right-of-ways (ROWs) will be established and shown on the base map using Ada County G.I.S. data. Any land monuments will be located and shown where found from visual observations during the field survey. Well 31 lot lines will be developed from field measurements and recorded plat information. • TBMs: Establish temporary construction benchmarks (T.B.M.$) at two locations on the Well 31 lot. • Topographic Survey: Complete topographic survey as previously described herein. For the purposes of this scope and fee proposal, it is assumed that survey will include existing observable features such as building corners, sidewalks, fences, edge of roadways, power poles, and utility boxes, manholes and inverts, water valves, well head, found property pins, and structures. Existing utilities shall be located to the extent that they are visibly marked by the utility companies. • Base Mapping: Prepare topographic mapping in Civil 3D 2020 at a 1" = 20' scale, 11"x17". Topographic features will be depicted using accepted J-U-B standard symbols. Topographic features will be shown on the design plans to the extent that they are found or field located by the utility companies, such as fences, utility poles, surfacing, utilities, edge of pavement, face of curb, sidewalks, striped roadway centerline, guard rails, signal poles, signs, mail boxes, face of retaining walls, telephone risers, large trees, and include monuments of record and physical survey of monuments and property pins that are found. Provide locations (X & Y coordinates) and elevation of local temporary benchmarks to be used on Project. Property lines will be shown based on Ada County G.I.S. mapping. Contours at one-half foot (1/2') intervals will be Task Order 10650.e Well 31 Water Treatment Facility Page 4 of 13 JUB Engineers, Inc. Page 176 generated. Roadway will be cross-sectioned at 50' intervals on centerline, edge of pavement, gutter, top of curb and natural ground near ROW. Deliverables • Base mapping pdf with 0.5-foot contours intervals of the project site, including the drain line outfall to the existing sanitary sewer. • Legal description for City's use in securing a temporary construction easement. Task 7: Preliminary Engineering Report Prepare a preliminary engineering report (PER) for the facility in compliance with IDEA rules IDAPA 58.01.08, Section 503. A preliminary design and report based on the City-selected equipment in Task 3 will be developed. The PER will address: • Building and equipment layout and equipment selection • New adjacent building versus building expansion • Site layout • 30% design drawings: o Title Sheet. o Site Civil Plan. o Design Criteria. o P&ID. o Building Layout & Concept Floor Plan. o Building Elevations. • Verification of capacity in adjacent sanitary sewer to receive backwash water. • Operation and maintenance considerations. • Geotechnical evaluation (via subconsultant). • An evaluation of the existing electrical service to the site to determine capability of existing service and transformer to accept the electrical loads associated with the demands for the planned new equipment, building, and associated appurtenances. • Electrical standby power evaluation. Based on the results of a review workshop with the City, a PER will be finalized for City and IDEQ approval. The PER will identify design criteria, site constraints, code requirements, permitting and entitlement requirements, a list of equipment to be provided in the facility along with their electrical requirements, and a description of the operation, maintenance, and control of the facility. A geotechnical report for use in footing/foundation and potential storm water facility design will be completed and included in the PER. Geotechnical field work will include two borings to a maximum depth of 20 feet at the site and installation of one groundwater observation well. A general building and equipment layout plan will be included. A conceptual level cost estimate will also be provided in the PER. Six (6) hardcopies of the PER will be submitted to the City for initial review. Following the City's review, the report will be updated and provided to the City for submission to the IDEA as the Preliminary Task Order 10650.e Well 31 Water Treatment Facility Page 5 of 13 JUB Engineers, Inc. Page 177 Engineering Report for approval. J-U-B will incorporate applicable IDEQ comments and publish a final PER to IDEA and the City. Deliverables • Draft PER for City Review. • Final Draft PER for IDEA Review. • Final PER for City and IDEA Approval. Task 8: Design (50%, 90% and 100% Submittals) Prepare civil, mechanical, electrical, architectural and structural design and prepare plans and specifications for the construction of a treatment facility for iron and manganese removal at Well 31. The facilities included in the design will be as described in the PER from Task 7. Major design elements will include the following: 1. Iron and manganese removal equipment including filters, media, backwash controller, backwash flow meter, backwash flow control, pressure relief valve, piping, and other related appurtenances such as instrumentation. 2. Electrical power and controls for the new treatment facility and building equipment. 3. Lighting, heating, and ventilation for the new building. J-U-B will consult with Idaho Power Company (IPCo) contacts to determine best energy efficiency practices to be used for the facility, what opportunities exist for incentives or rebates from IPCo, and whether the incentives or rebates are worth pursuing. Best practices for energy efficiency will be followed regardless of incentives. 4. On-site yard piping improvements needed for the new treatment equipment. 5. Drain line to the existing sanitary sewer main. Drawings and specifications will be submitted to the City for review and approval at 50%, 90% and 100% bid-ready completion. Up to six (6) hard copies of the 50% and 90% submittals will be provided to the City, and six (6) sets of the 100% submittal, plus an electronic copy of the 100% submittal, will be provided to the City. The City will submit final drawings and specifications to the IDEA for review and approval. An engineer's opinion of probable construction cost will be updated and submitted with the 90% documents. The City may require up to five days for review of the 90% submittal and the State will require up to 30 days for review of the 100% submittal. Subtask 8.1: 50% Design Develop preliminary design plans based on the approved PER. The preliminary design plans will include a site plan, building floor plan, preliminary pump sizing, piping and equipment plan, building elevations, and preliminary electrical and control plan. The 50% design package will include preliminary technical specifications (not including architectural, mechanical or electrical) and a preliminary Opinion of Probable Construction Cost. Provide 50% plans to City for initial review. Task Order 10650.e Well 31 Water Treatment Facility Page 6 of 13 JUB Engineers, Inc. Page 178 Subtask 8.2: 90% Agency Review Design, Plans and Specifications Finalize the design of structures, equipment, major plant piping, process and site plan to allow final detailing of the same during the 100% design activities. Specific activities, and work products from 90% design include the following: Project Management • Conduct constructability review. • Conduct operability review. • Update engineer's opinion of probable construction cost. • Coordination with treatment equipment vendor. Civil • Finalize building and major site element horizontal locations. • Finalize floor/control levels and finished grades. • Define contractor staging, storage, and off-site access corridors. • Prepare site grading, fencing, drainage, landscape and Temporary Erosion Sediment Control plans. • Prepare yard piping and drain layouts. • Prepare access road revisions to building. • Prepare technical specifications. • Senior staff will complete an internal QC review. Architectural • Finalize building floor plan and elevations for building. • Finalize the structural design concepts for the building. • Review applicable codes for the building with City Building, Plumbing, and Electrical Officials and the Fire Marshal. Complete building and fire code analysis. • Prepare technical specifications. • Senior staff will complete an internal QC review. • Architectural renderings are not included in this task. If, during the course of design, the City wishes to have architectural renderings done, those will be billed on a time and material basis. Structural • Complete structural design for new building and selection of materials of construction. • Prepare foundation, framing and roofing plan for building. • Prepare final floor plan for building. • Prepare sealed structural calculations. • Prepare technical specifications. • Senior staff will complete an internal QC review. Process & Mechanical • Final major equipment sizing calculations. Task Order 10650.e Well 31 Water Treatment Facility Page 7 of 13 JUB Engineers, Inc. Page 179 • Final replacement pump selection and sizing. • Coordinate with instrumentation and control system (I&CS) on completion of P&IDs. • Coordinate with architectural and structural team on preparation of building layout • Complete fire sprinkler design. • Assemble catalog cut sheets for all major process equipment. Complete equipment data sheets or equipment list on all major equipment items. • Coordinate with I&CS in the finalization of P&IDs. • Finalize ancillary equipment sizing and line sizing calculations (chemical storage, feed and delivery systems, etc.). • Finalize equipment selection (type, size, weight, and arrangement). • Finalize selection of piping materials and sizes. • Prepare technical specifications. • Senior staff will complete an internal QC review. HVAC/Plumbing • Energy compliance documents for the mechanical systems. • Prepare mechanical specifications as required. • HVAC load calculations and sizing of new HVAC systems as required. • Ductwork sizing and layout. • Subconsultant will coordinate with J-U-B and other subconsultants on applicable items for the City's SCADA integration. Instrumentation and Control • Design to upgrade control system to current City standard. • Develop P&ID. • Develop design package to replace the existing control panel and reconnect existing instrumentation to the new control panel. • Develop control panel drawings suitable for UL construction. • Prepare instrumentation and control specifications as required. • Subconsultant will coordinate with J-U-B and other subconsultants on applicable items. Electrical • Service load and standby power calculations. • Site lighting. • Interior lighting. • Power distribution. • Variable frequency drive. • Energy compliance documents for lighting systems. • Coordinate with instrumentation and control system (I&CS) on completion of P&IDs. • Prepare electrical specifications. Task Order 10650.e Well 31 Water Treatment Facility Page 8 of 13 JUB Engineers, Inc. Page 180 • Subconsultant will coordinate with J-U-B and other subconsultants on applicable items. Asset Management Incorporation The new components will be identified and labeled on the plans per the nomenclature standards identified in the City's Asset Management policy. Assets involved will include pumps, valves, flowmeters, mechanical and electrical components, and other equipment as identified by the City. An inventory shall be prepared in a table and included with the technical specifications for use and implementation of tagging by the contractor. Quality Control J-U-B and the subconsultants will perform quality control (QC) reviews by a senior engineer to provide an independent review of the 90% design prior to submittal to City. 90% Design Workshop J-U-B will conduct a design workshop to review the work products with the City's personnel and other key project staff. Workshop minutes, including the City's comments will be prepared and distributed to attendees. J-U-B will implement City and agency review comments from the 90% review as warranted. Completion of the final design will include plans, technical specifications, bid schedule and the Engineer's Opinion of Probable Construction Cost. These items will be submitted to the City for bidding purposes. Subtask 8.3: 100% Contract Document Preparation Complete final technical contract drawings and specifications for competitive bidding. Key activities during this phase will include: Design Management • Conduct final reviews and incorporate 90% design review comments. Contract Document Completion • Prepare final construction drawings. • Prepare final technical specifications. • Prepare final calculations. • Complete final checking and coordination review, agency permitting compliance reviews. Incorporation of Final Review Comments J-U-B will modify the contract documents to reflect all agreed upon 90% review comments from the City, IDEA, ACHD and J-U-B's quality control review. The final documents will then be provided to the City for submission to the IDEQ for review and approval. These plans will be incorporated into the building permit package in Task 10. Deliverables • 50% Complete preliminary design Plans, six (6) copies at scale TBD to City. Task Order 10650.e Well 31 Water Treatment Facility Page 9 of 13 JUB Engineers, Inc. Page 181 • Preliminary Opinion of Probable Construction Cost. • 90% complete design plans, specifications, and special provisions, six (6) hardcopies and one electronic copy at scale TBD to the City. • Opinion of Probable Construction Cost. • 100% complete bid-ready plans, specifications, and special provisions, six (6) hardcopies and one electronic copy at scale TBD to the City. • Bid Schedule. • Opinion of Probable Construction Cost. Task 9: Bidding Assistance -Water Treatment Facility Assist the City during the bidding process for the construction of the new water treatment facility in responding to technical questions from prospective bidders. The City will facilitate the bidding process. J-U-B will assist the City in responding to technical questions that the City is unable to answer through review of the Contract Documents for the City's use in preparation of addenda. Deliverables • Written responses to technical questions submitted during the bidding phase. Task 10: Agency Coordination and Permitting Assist the City with the agency approval process. J-U-B will submit the plans, on behalf of the City, specifically limited to the following: • DEQ Plan Approval. Complete the DEQ Checklist and submit copies of the design for review. J-U-B will make required changes to the plans and specifications based on their review. • Ada County Highway District Plan Approval. Submit copies of the design to ACHD for review and approval. • City of Meridian Building Permit. Complete the Building Permit application and submit copies of the design for review. J-U-B will meet with the Building Department to discuss their review of the plans, if necessary. Required comments will be integrated into the plans and resubmitted for review and approval. This process is estimated to take one (1) month. This excludes revisions that require modification to the base design. • Kentucky Ridge Subdivision Homeowners Association. Coordinate with the HOA on building siting and architectural treatments. Three meetings are anticipated with HOA: one prior to design initiation, one upon completion of the PER, and one prior to 90% design completion. ASSUMPTIONS While preparing our scope of services and fee schedule, we have made the following assumptions: Task Order 10650.e Well 31 Water Treatment Facility Page 10 of 13 JUB Engineers, Inc. Page 182 1. The City will provide to J-U-B the following for Well 31: a. Updated water quality information for Well 31. b. Standard City PLC specifications for incorporation into the project. 2. The City will provide the following during any bidding or procurement process: a. All bidding and contract documents including, but not limited to: advertisement for bids, bid forms, contacts/agreements, condition of the contract, award, bonding and insurance requirements. b. Incorporate J-U-B's technical specifications and drawings into Bidding and Contract Documents using the City's contracting boiler plate to bid procurement of the treatment equipment. c. Provide all administration to bid and procure the iron and manganese removal water treatment equipment. d. Incorporate J-U-B's technical specifications and drawings into Bidding and Contract Document using the City's contracting boiler plate to bid the construction and startup of the water treatment facility. e. The City will distribute the Bidding and Contract Documents for the construction of the iron and manganese removal water treatment facility. f. Following a review of the bids received for the construction of the water treatment facility, the City will award and execute a contract with the successful bidder. 3. The City will: a. provide on-going review of J-U-B's work and timely consideration of design issues within a time acceptable to the City and J-U-B. b. pay for all permits and fees needed for the project. c. provide project manager to serve as a liaison with other City departments and divisions to facilitate the project reviews and approval process. 4. Assumptions: a. The bidding of the iron and manganese removal water treatment equipment will be open to adsorptive types of water treatment systems that meet specified performance requirements. b. The backwash water from the facility will be discharged to the existing sanitary sewer main in W. Riodosa Drive. There will be no backwash storage tank. It is assumed that the existing sanitary sewer trunk has adequate capacity to receive and convey the process backwash water. This will be verified in Task 7 by J-U-B. c. Space is available on the existing lot for on-site storm water disposal. d. Design of a contact chamber or detention tank is not included. e. It is assumed that a fire suppression (sprinkler) system will be required. f. The existing electrical service to the site is capable of accepting the electrical loads associated with the demands for this new equipment, building, and associated appurtenances. An evaluation to verify this assumption is included in Task 7 (preliminary engineering report). Task Order 10650.e Well 31 Water Treatment Facility Page 11 of 13 JUB Engineers, Inc. Page 183 g. No design of offsite sewer, other than a segment from the treatment facility to the existing gravity immediately adjacent to the site, will be necessary. h. Permanent easement acquisition is not required. A temporary construction easement (TCE) from the Kentucky Ridge HOA will be required. J-U-B will prepare TCE legal description for City's use in negotiating and acquiring the TCE from the HOA. L A SWPPP plan will not be required. j. Three meetings will be held between the City and J-U-B's electrical/ instrumentation/control subconsultant during the design phase, either concurrently with project review meetings or separately. k. The filter panel, programming and startup will be provided by the manufacturer. I. It is assumed that invoices from J-U-B to the City will be submitted by email or hard copy (mail). 5. Construction and Post-Construction Phase Services: a. Services during construction of the water treatment facility and post- construction phase services are not included in this Scope of Work. A separate scope of work and associated budget will be prepared after the bidding of the construction contract for the water treatment facility. 6. submit the 90% design plans and specifications to the following agencies for review: The City, IDEQ, ACHD and the Kentucky Ridge Subdivision HOA (see Task 10). 7. Services during construction of the water treatment facility and startup are not included in this scope of work. J-U-B will submit a separate scope and budget for these services prior to the start of construction activities. TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by November 2021and resulting in Final Design being completed by December 2022. An NTP issued on a different date will change the schedule accordingly. COMPENSATION AND COMPLETION SCHEDULE Task I Description Estimated Completion Date Compensation 1 Project Management and Ongoing throughout project $13,300 Administration 2 Pilot Test Review 14 days after NTP for this task $1,700 3 Entitlements & Public Involvement (if Ongoing throughout project $2,350 necessary) 4 Iron and Manganese Removal 21 days after NTP for this task $8,300 Equipment Procurement Package 5 Bidding Assistance - Equipment Dependent on City's Scheduling $4,000 Procurement 6 I Survey and Mapping 21 after NTP for this task $5,700 7 I Preliminary Engineering Report 42 days after NTP for this task $50,300 Task Order 10650.e Well 31 Water Treatment Facility Page 12 of 13 JUB Engineers, Inc. Page 184 g Final Design for 90% and 100% 120 days after NTP for this task $150,300 Submittal 9 Bidding Assistance - Construction of Dependent on City's Scheduling $10,900 the Water Treatment Facility 10 Agency Coordination, Meetings and Ongoing through Tasks 7 through $10,200 Permitting 9 TASK ORDER TOTAL: $257,050.00 The Not-To-Exceed amount to complete all services listed above for this Task Order No. 10650.e is two hundred fifty-seven thousand fifty dollars ($257,050.00). No compensation will be paid over the Not-to-Exceed amount without prior written approval by the City in the form of a Change Order. No travel or expenses will be reimbursed through this agreement. All costs must be incorporated in the individual tasks within the Compensation and Completion Schedule above. CITY OF MERIDIAN J-U-B ENGINEERS, INC. BY: _ _ _ BY: KEITH WATTS, Procurement Manager LIS ACH N, Area Manager Dated: Dated: ©q 4/ Council approved date: 11-23-2021 City Project Manager: Kristina Keith Task Order 10650.e Well 31 Water Treatment Facility Page 13 of 13 JUB Engineers, Inc. Page 185 Item#s. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 10/4/2021 REQUESTING DEPARTMENT Public Works Project Name: Well 31 Water Treatment Project Manager: Kristina Keith Contract Amount: $257,050 Contractor/Consultant/Design Engineer: J-U-B Engineers, Inc Is this a change order? Yes ❑ No ❑ Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department 3490 Yes ❑� No ❑ Construction ❑ GL Account 96175 FY Budget: 2022 Task Order 0 Project Number: 10650 Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑ No ✓❑ Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) n/a n/a n/a n/a Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category 1A (Bid Results Attached) Yes ❑ No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: 10/1/2020 Typical Award Yes ❑ No ❑ If no please state circumstances and conclusion: n/a Date Award Posted: n/a 7 day protest period ends: n/a VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License n/a Expiration Date: n/a Corporation Status Goodstanding Insurance Certificates Received(Date): Aug-21 Expiration Date: 8/21/2022 Rating: A+ Payment and Performance Bonds Received(Date): n/a Rating: Builders Risk Ins.Req'd: Yes ❑ No ❑ If yes,has policy been purchased? n/a (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget 0 On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: I reviewed the work breakdown and cost for this task order with engineering staff.JUB Engineers has provided similar services in previous years and this budget is in line with previous costs.The cost and work period are acceptable. Kyle Radek 10/4/2021 Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: November 10,2021 Approval Date 11/23/2021 By: City Council Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Page 186 Contract Request Checklist.5.24.2016.Final CITY OF MERIDIAN Purchase Requisition C%Q fE IDIAN Purchasing Department ®- . DATE OF 33 E BROADWAY AVE,STE 106 CITY OF MERIDIAN REQUEST 10/4/2021 I: MERIDIAN, ID 83642 Public Works PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES.PACKING TEL: (208)489-0417 SLIPS.CARTONSD CORRESPONDENCE RELATED TO THIS ORDER FAX: (208)887-4813 AVAILABLE BUDGET AMOUNT $700,000.00 IS BUDGET AMENDMENT REQUIRED? SUGGESTED VENDOR J-U-B Engineers, Inc. NO 2760 W Excursion Ln, Suite 400 Meridian, ID 83642 CITY SUPPORT TICKET NO. PROJECT MANAGER PAYMENT TERMS IFIRCIGHTTERMS F.O.B. --]-REQUESTOR Kristina Keith NET 30 PREPAID DESTINATION Kristina Keith PROJECT NAME: Well 31 Water Treatment .- . Quantity and Pricing ACCOUNTING CODES TOTALPART NUMBER DESCRIPTION I COMMITMENT NAME CITY UNIT UNIT PRICE FUND DEPT EXPENSE OR PROJECT/ • TASK ORDER CONTRACT/PROJECT DESCRIPTION Task Order- Design 1 LS $ 257,050.00 60 3490 96175 10650.e $ 257,050.00 NOTES: Council Approval Date: 11-23-2021 $257,050.00 A THORI ED DEPARTMENT SI A E W N Item#8. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2021 Through 9/30/2022 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 96175 Well 31 Capital 800,000.04 0.00 800,000.04 100.00% Carr... Carryforward 7,475.88 0.00 7,475.88 100.00% Total Capital Outlay 807,475.92 0.00 807,475.92 100.00% TOTAL EXPENDITURES 807,475.92 0.00 807,475.92 100.00% Page 188 Date: 10/28/21 01:18:45 PM Pag E IDIAN:-- IL AGENDA ITEM ITEM TOPIC: Resolution no. 21-2297: A Resolution of the Mayor and the City Council of the City of Meridian, Directing the City Clerk to Enter in Meridian City Council Meeting Minutes the Tabulation of Votes and Election Results for Meridian City Council Seats 2, 4, and 6, Pursuant to Idaho Code Section 50-412; and Providing an Effective Date Page 189 C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: November 23, 2021 Presenter: Bill Nary, City Attorney Estimated Time: .5 minutes Topic: Resolution no. 21- : Directing the City Clerk to Enter in Meridian City Council Meeting Minutes the Tabulation of Votes and Election Results for Meridian City Council Seats 2, 4, and 6, Pursuant to Idaho Code Section 50-412 Recommended Council Action: Enact resolution and authorize the Mayor's signature Background: Idaho Code section 50-412 states that upon receipt of the tabulation of votes by the Ada County Clerk, and the canvass of the election results by the Ada County Commission, the results of both shall be entered in the minutes of the proceedings of the Meridian City Council. By this resolution, City Council fulfills its ministerial duty pursuant to this statute to enter the election results into the Council minutes. Page 190 CITY OF MERIDIAN RESOLUTION NO. 21-2297 BY THE CITY COUNCIL: BERNT,BORTON, CAVENER, HOAGLUN,PERRAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, DIRECTING THE CITY CLERK TO ENTER IN MERIDIAN CITY COUNCIL MEETING MINUTES THE TABULATION OF VOTES AND ELECTION RESULTS FOR MERIDIAN CITY COUNCIL SEATS 2, 4, AND 6, PURSUANT TO IDAHO CODE SECTION 50-412; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Idaho Code section 50-412 states that upon receipt of the tabulation of votes prepared by the Ada County Clerk, and the canvass of the election results by the Ada County Commission, the results of both shall be entered in the minutes of the proceedings of the Meridian City Council; and WHEREAS,the Meridian City Clerk has received the attached tabulation of votes from the Ada County Clerk and the canvass of the Ada County Commission; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That the Meridian City Clerk is hereby directed to enter into the minutes of the November 23, 2021 workshop of the Meridian City Council the attached tabulation of votes and election results of the election of Joe Borton to Meridian City Council Seat 2, Treg Bernt to Meridian City Council Seat 4, and Luke Cavener to Meridian City Council Seat 6 for the term 2022 to 2026. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 23rd day of November , 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this 23rd day of November , 2021. APPROVED: Robert E. Simison, Mayor ATTEST: By: Chris Johnson, City Clerk Page 191 RESOLUTION ACCEPTING ELECTION RESULTS Page 1 of 4 N N STATE OF 1DAHO f6 a County of Ada SS We, the commissioners of the county and state aforesaid, acting as a Board of Canvassers of Election, do hereby state that the attached is a true and complete abstract of all votes cast within this county at the MERIDIAN CITY MUNICIPAL ELECTION, held November 2, 2021 as shown by the records now on file in the County Clerk's Office. airman) i Davidson en ra en County Board of Canvassers ATTEST: ` Clerk by Trent Tripple, Chief Deputy STATE OF IDAHO County of Ada }ss I. Phil McGrane, County Clerk of said county and state, do hereby certify that the attached is a full,true and complete copy of the abstract of votes cast as shown by the record of the Board of Canvassers filed in my office this I Oth day of November, 2021. County Clerk E by Trent Tripple, Chief Deputy Item#9. 01 Phil McGrane, JD, MPA Trent Tripple Clerk of the District Court Chief Deputy 400 N.Benjamin Ln.,Ste. 100,Boise,Idaho 83704 Phone(208)287 6860 Fax(208)287 6939 �s CLCItK'S OFFICE. �P ov. ELECTIONS STATE OF IDAHO } ss. County of Ada I, Phil McGrane, County Clerk of said county and state, do hereby certify that the attached is a full,true and complete copy of the abstract of votes for the candidates as they appeared on the election ballot on November 2, 2021 for the MERIDIAN CITY MUNICIPAL ELECTION as shown by the record of the Board of Canvassers filed in my office this 1 Oth day of November 2021. County Clerk Court Auditor RLcorder Elections Indigent Sewices Fax(2 08 0• 287-6849 082B7-693908 Page193 Item �� ADA COUNTY, IDAHO Official Results .Y November 2021 Registered Voters Official Results Consolidated Election 65,149 of 274,027 _ 23.8% Run time : 7.51:14 AM 11/02/2021 a�euincts Reporting 147 of 147=100.0% Run Date: 11/10/2021 Page 1 of 6 BOISE CITY COUNCIL DISTRICT 1 Total Votes Absentee Voting Early Voting Election Day Voting Luci Willits 3,134 55.9% 261 34.8% 230 48.7% 2,643 60.3% David L Jones 535 9.5% 38 5.1% 48 10.20/a 449 10.2% Laura Metzler 1,937 34.6% 450 60.1% 194 41.1% 1,293 29.5% Votes Cast: 5,606 749 472 4,385 BOISE CITY COUNCIL DISTRICT 3 Total Votes Absentee Voting Early Voting Election Day Voting Nicholas Domeny 199 2.0% 18 1.9:/0 27 2.6% 154 1.9% Maria Santa Cruz-Cernik 383 3.8% 40 4.3% 28 2.7% 315 3.9% Greg MacMillan 3,722 37.0% 250 26.6% 347 34.1% 3,125 38.6% Lisa E. Sanchez 5,758 57.2% 632 67.2% 617 60.5% 4,509 55.6% Votes Cast: 10,062 940 1,019 8,103 BOISE CITY COUNCIL DISTRICT 5 M Total Votes Absentee Voting Early Voting __ Election Day Voting Steve Madden 1,260 18.7% 63 7.5% 1'0 14.6% 1,087 21.1% Holli Woodings 3,317 49.2% 460 54.6% 432 57.5% 2,425 47.1% Katie Fite 1,436 21.3% 226 26.8% 128 17.0% 1,082 21.0% J. "Crispin" Gravatt 725 10.8% 94 11.2% 81 10.8% 550 10.7% Votes Cast: 6,738 843 751 5,144 Page 194 Item#9. ADA COUNTY, I DAHO Official Results �f November 2021 Registered Voters Official Results Consolidated Election 65,149 of 274,027 = 23.8% Run time : 7:51:14 AM 11/02/2021 ]recincts Reporting 147 of 147=100.0% Run Date: 11/10/2021 Page 2 of 6 EAGLE CITY COUNCIL (VOTE FOR TWO) Total Votes Absentee Voting Early Voting Election Day Voting Helen Russell 3,983 34.8% 345 26.9% 339 36.7`,ri 3,299 35.7°'a Marc "Captain" Degl'lnnocenti 1,816 15.9% 313 24.4% 129 14.0% 1,374 14.9% Melissa Gindlesperger 3,930 34.3% 291 22.7% 331 35.9% 3,308 35.8% James Lemon 1,728 15.1% 333 26.0% 124 13.4% 1,271 13.7% Votes Gast; 11,457 1,282 923 9,252 GARDEN CITY MAYOR Total Votes Absentee Voting Early Voting Election Day Voting John G. Evans 1,559 57.4% 175 45.0% 143 52A% 1,241 60.5% Hannah Ball 1,155 42.6% 214 55.0% 130 47.6% 811 39.5% Votes Cast: 2,714 389 273 2.052 GARDEN CITY CITY COUNCIL (VOTE FOR TWO) Total Votes y Absentee Voting Early Voting Election Day Voting Teresa Jorgensen 1,354 26.7% 156 20.4% 138 27.1% 1,060 28.0% Bill Jacobs 1,412 27.9% 172 22.5% 142 27.8% 1,098 29.0% Greta Mohr 1,078 21.3% 194 25.4% 106 20.8% 778 20.5% John McCrostie 1,221 24.1% 243 31.8% 124 24.3% 854 22.5% Votes Cast: 5,065 765 510 3,790 Page 195 Item#9. ADA COUNTY, IDAHO Official Results r November 2021 Registered Voters Official Results Consolidated Election 65,149 of 274,027 = 23.8% Run time : 7:51 A 4 AM 11/02/2021 'recincts Reporting 147 of 147=100.0% Run Date: 11/10/2021 Page 3 of 6 KUNA CITY COUNCIL (VOTE FOR TWO) - Total Votes Absentee Voting Early Voting Election Day Voting Tyson Garten 478 16.1% 50 18.8% 28 12.6°{ 400 16.1% Martha Drake 435 14.6% 63 23.7% 39 17.5% 333 13.4% John B Laraway 730 24.6% 77 28.9% 57 25.6% 596 24.0% Jeff Marler 587 19.8% 39 14.7% 50 22.4% 498 20.1% Chris Bruce 740 24.9% 37 13.9% 49 22.0% 654 26.4% Votes Cast: 2,970 266 223 2,481 MERIDIAN CITY COUNCIL SEAT 2 Total Votes Absentee Voting Early Voting Election Day Voting Joe Borton 7,759 58.7% 1,248 80.8% 1.002 67.6% 5,509 54.0% Hunter Wolf 5,467 41.30/e, 296 19.2% 480 32.4% 4,691 46.0% Votes Cast: 13,226 1,4c 1,482 10,200 MERIDIAN CITY COUNCIL SEAT 4 Total Votes Absentee Voting Early Voting Election Day Voting Treg A. Bernt 6,832 51.0% 1,108 70.7% 852 56.8% 4,872 47.2% Adam L. Nelson 6,560 49.0% 459 29.3% 647 43.2% 5,454 52.8% Votes Cast: 13,392 1,567 1,499 10,326 Page 196 Item#9. �{ ADA COUNTY, IDAHO Official Results }� November 2021 Registered Voters Official Results Consolidated Election 65,149 of 274,027 = 23.8% Run time : 7:51:14 AM 11/02/2021 'recincts Reporting 147 of 147=100.0% Run Date: 11/10/2021 Page 4 of 6 MERIDIAN CITY COUNCIL SEAT 6 Total Votes Absentee Voting Early Voting Election Day Voting Luke Cavener 6,380 47.3% 1,145 72.8% 815 54.2% 4,420 42.4% Scott Garbarino 785 5.8% 76 4.8% 112 7.5% 597 5.7% Mike Hon 6,324 46.9% 352 22.4% 576 38.3% 5,396 51.8% Votes Cast: 13,489 1,573 1,503 10,413 STAR CITY COUNCIL SEAT 3 Total Votes Absentee Voting Early Voting Election Day Voting Kevan Wheelock 1,594 85.4% 107 79.9% 117 81.3% 1,370 86.3% Ashley Freeman 272 14.6% 27 20.1% 27 18.8% 218 13.7% Votes Cast: 1,866 134 144 1,588 KUNA SCHOOL TRUSTEE ZONE 3 Total Votes Absentee Voting Early Voting Election Day Voting Eleanor Hurst 139 24.9% 27 40.3% 12 27.9% 100 22.3% Kyrsti Bruce 223 40.0% 18 26.9% 17 39.5% 188 42.0% Sallie Ann McArthur 196 35.1% 22 32.8% 14 32.6% 160 35.7% Votes Cast: 558 67 43 448 Page 197 .rem#s. ADA COUNTY, IDAHO Official Results November 2021 Registered Voters Official Results Consolidated Election 65,149 of 274,027 = 23.8% Run time : 7:51:14 AM 11/02/2021 'recincts Reporting 147 of 147=100.0% Run Date: 11/10/2021 Page 5 of 6 KUNA SCHOOL TRUSTEE ZONE 4 Total Votes Absentee Voting Early Voting Election Day Voting Kim Nixon 279 54.8% 39 79.6% 15 45.5% 225 52.7% Mike Ambler 230 45.2% 10 20.4% 18 54.5% 202 47.3% Votes Cast; 509 49 33 427 WEST ADA SCHOOL TRUSTEE ZONE 1 Total Votes Absentee Voting Early Voting Election Day Voting Lori Ann Frasure 3,563 64.2% 223 38.8% 378 59.2% 2,962 68.3% Brent Hart 1,986 35.8% 352 61.2% 261 40.8% 1,373 31.7% Votes Cast: 5,549 575 639 4,335 WEST ADA SCHOOL TRUSTEE ZONE 3 Total Votes Absentee Voting Early Voting Election Day Voting Anita M. Beckman 2,636 45.5% 524 66.4% 217 50.8% 1,895 41.4% Angie Redford 3,152 54.5°1 265 33.6% 210 49.2% 2,677 58.6% Votes Cast: 5,788 789 427 4,572 EAGLE FIRE COMMISSIONER DISTRICT 1 Total Votes Absentee Voting Early Voting Election Day Voting Brad Pike, Sr. 5,199 100.0% 515 100,0ni- 409 100.0 4,275 100.0 Votes Gast: 5,199 515 409 4,275 Page 198 Item ADA COUNTY, IDAHO Official Results November 2021 Registered Voters Official Results Consolidated Election 65,149 of 274,027 = 23.8% Run time : 7:51:14 AM 11/02/2021 'recincts Reporting 147 of 147=100.0% Run Date: 11/10/2021 Page 6 of 6 EAGLE FIRE COMMISSIONER DISTRICT 3 Total Votes Absentee Voting Early Voting Election Day Voting Kent Hemseri 1,284 22.1% 240 37.6% 91 20.0% 953 20.2% Josh Tanner 4,522 77.9% 399 62.4% 363 80.0% 3,760 79.8% Votes Cast: 5,806 639 454 4,713 BOISE CITY SEWER DISTRICT BOND Total Votes Absentee Voting Early Voting Election Day Voting IN FAVOR 27,363 80.7% 3,445 87.4% 2,583 85.00/,: 21,335 79.3% AGAINST 6,528 19.3% 498 12.6% 456 15.0%. 5,574 20.7% Votes Cast- 33,891 3,943 3,039 26,909 WEST ADA JOINT SCHOOL DISTRICT NO. 2 SUPPLEMENTAL LEVY Total Votes Absentee Voting Early Voting Election Day Voting IN FAVOR 17,580 51.8% 2,388 62.9% 1.455 48.6°gib 13,737 50.6 AGAINST 16,337 48.2`l4 1,411 37,1% 1,539 51.4`/o 13,387 49.4;Io Votes Cast: 33,917 3,799 2,994 27,124 Page 199 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Police Department: Fiscal Year 2022 Net-Zero Budget Amendment in the Amount of$43,000.00 for Traffic Enforcement Grant Page 200 Item#10. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Police Department Meeting Date: November 23, 2021 Presenter: Lt. Caldwell Estimated Time: 5 Minutes Topic: FY22 Traffic Enforcement Grant Recommended Council Action: Requests spend authority of$43,000 for Grant award from ITD for Traffic Enforcement of overtime wages of$35,000 and travel/training expense of$8,000. Background: Grant was awarded to the City on Oct 12, 2021, retroactive to Oct 1, 2021. Awarded after the FY2021 budget cycle was completed/approved. Page 201 item#�o. FY2022 10/27/2021 1:47 PM City of Meridian FY2021 Budget Amendment Form Personnel Costs Ful!Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total E IDIAl��-- 20 2123 41200 5009 wages i��� 20 2123 41206 5008 PT/Seasonal Wages 20 2123 41210 5008 Overtime $ 28,4:5Z: Please only dwolete the fields 20 2123 41304 5008 Uniform Allowance hielmopedln craw. 20 2123 42021 5008 FICA $ 2,177 Amendment Details 2 12123 42022 5008 PER51 $ 3,398 Title: FY 22 Traffic Enforcement Grant 20 2123 42023 1 5008 Worker's Cam $ 962 "tment Name: Police 20 2123 1 42025 1 5008 JEmployee Insurance $ - Presenting Department Name: 0:0506 Total Personnel Costs $ 35,000 Department#: 2123. Operating Expenditures Primary Funding Source: 10 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: . n/a 20 2123 1 57202 5008 t]RE Val nlm Travel Expenses $ 6,000 $ 6,000 Project M 5008 20 2123 57200 5008 DRE Training ftegi$tration $ 2,01M $ 2,000 20 2123 5008 $ - $s this for an Emergency? ❑.Yes 0 No 20 2123 5008 $ New Level of Service? ❑ Yes 0 No 20 2123 5008 $ 20 2123 5008 Clerks office Stamp 20 2123 5008 20 2123 5008 20 2123 5008 $ 20 2123 5008 20 2123 5008 20 2123 5008 $ - 11-23-20 1 20 2123 5008 $ aatea/CounaApprovW - Total Operating Expenditures $ 81000 $ $ 8,000 Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total ACkno-w menu ❑ate 20 2123 5008 .� n ..,..... .. ...� 20 2123 5008 �C3 20 2123 5008 ment DireG[ rAP 20 2123 sons PROVED 20 2123 5p0g By Todd Lavoie at3 32 pm,Nov 04,202:1 BP 11/4/21 20 2123 5008 Chief Financial:Officer: Total Capital Outlay $ Revenue/Donations Approved Luke. Cavener 5:04 pm 1:1/4/21: Fund# Dept.# G/L# Proj.# G/L#Description Total Cour ' 'aisan' 20 2123 33100 5008 Grant Revenue $. '0,ow zo 2123 saaa 11-4-21:. ;. 20 2123 5008 Mayor Total Revenue/Donations $ 4Zow Total Amendment Request $ (0) Page 202 Total Amendment Cost-Lifetime City of Meridian FY2020 Budget Amendment Form F:LGrantsl5008 Radar Traffic Grant1FY22 Radar-Traffic Grant1FY2022 Budget Amendment Form 10,19.21 Item#�o. FY2022 10/27/2021 1.41 PM City of Meridian F'2D24 Budget Amendment Form Prior Years) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Police Funding 2022 2023 2024 2025 2026 Title: FY 22 Traffic Enforcement Grant Personnel $ 35,000 to sc nrrti ons for Su 6m if inA It.dn-t Am Pndmr•nrs Operating $ 8,000 $ $ $ $ r Deportment wen send A mdrnerrt with Directors signature to Finance(Budget AnalysU for revie v Capital $ - i Finance will send Amendment to council ualson for signature Total $ $ 43,000 $ i $ 7 CounrH Ualson will send signed Amendment to Mayor Total Estimated Project Cast: $ 43,000 >"or Mill.:end:knedame.rd,,nenttoFknanceI Budget Analyst) Evaluation Questions )Finance[Budget Analyst}vAll send approved copy oran,endment to oepartn nt Please answer all Evaluation questions using the financial data referenced above. s D"rinnentw,g add copy aArrendn,.rttoCou cur Agenda using r,ows Agenda Manager 1. Describe what is being requested? Spend Authority of$43,0D0 for Grant award from ITD for Traffic Enforcement of overtime wages of$35,000 and travel/training expense of$8,000. This grant has a 25%match from the City equal to$10,760. The match will be comprised of benefit costs(based on OT wages);mileage dedicated to traffic enforcements;and Officers'hours/wages city pays during Drug Recognition Expert(DRE)training. 12.Why was this budget request not submitted during the current fiscal year budget cycle? The grant was awarded to the City on Oct 12,2021,retroactive to Oct 1,2021. Awarded after the FY21 budget cycle was completed/approved. ir 3. What is the explanation for not submitting this budge,t_request during the next fiscal year budget cycle? Grant award dates are for Oct 1,2021 thru Sep 30,2022; cannot wait until the next budget cycle without losing the grant funding 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. Grant funding from the Office of Highway Safety through ITD. Revenue neutral budget request. S.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? iL-Yes,continue to provide public safety via enhanced traffic enforcements and additional DRE's on the Meridian Police force. — 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. 7.Does this Amendment include any needed Equipment or Software that wilt utilize the Cit 's network? Yes or No S.is the amendment 80in to result in the dis osal of an asset?(Yes or No) T 9.Any additional comments? Total Amendment Request $ (0) Every 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 am Endmentsare intended for emerge n ry or m anda tory ch anges to the original b a lo n ced budg et. Changes to the original balanced budget may cause a funding shortfall. Page 203 City of Meridian FY2020 Budget Amendment Form F iGrants15008 Radar Traffic Gre riff Y22 Radar-Traffic GranflFY2n22 Ft r+ nt n r^^� Item#10. 1DAHp # Your Safety • Your Mobility IDAHO TRANSPORTATION DEPARTMENT w P.O. Box 7129 • Boise, ID 83707-1129 Your Economic Opportunity (208)334-8000 • itd.idaho.gov p�rq�Iam OE�� August 30,2021 Tracy Basterrechea Meridian Police Department 1401 E Watertower St Meridian, ID 83642 RE: OHS Highway Safety Grant FFY 2022 Dear Ms. Basterrechea, In February 2021 the Office of Highway Safety(OHS) received your grant application for a Federal Fiscal Year(FFY) 2022 highway safety grant. The application has been reviewed and was recommended for approval by the Idaho Traffic Safety Commission (ITSC). The grant was included in the Highway Safety Plan and approved by the Idaho Transportation Board July 2021. This agreement is funded under the NHTSA(National Highway Traffic Safety Administration) Federal grant program. Funding of this agreement is dependent upon the availability of federal funds as appropriated and obligated by the US Department of Transportation for FFY 2022. The Federal Fiscal Year 2022 (FFY22) is October 1, 2021 through September 30, 2022. You will receive a formal grant agreement and upon signature of the agreement and associated documents,you will receive a notice to proceed at which time funds from the awarded grant may be expended. The Office of Highway Safety appreciates your request and all that the Meridian Police Department does to keep Idaho's roads safe. Sincerely, Program Name: Meridian Police Department-Enforcement Denise Dinnauer Grants/Contracts Officer State Program: SPT2202 Funding:$43,000 Cc: Brandon Frasier Match:$10,750 CFDA(Catalog Federal Domestic Assistance):20.600 FAIN(Federal Award Identification Number):TBD Page 204 Item#11. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report - October Fiscal Year 2022 Page 205 Item#11. CITY of MERIDIAN FINANCE REPORT October 2021 - FY22 Report PAGE # Investment Graphs 2 Fund Balance 3 �I;ISIf it rII � � � IT 14 ® __ _ ____ iun_u_n_..... - �nTnTniuin�n�� nnnm Page 206 F:\Monthly Reports\Finance Reports\FY2022\FY22-1 Oct Council Report 1 of 3 Item#11. FINANCE REPORT October 2021 - FY22 IDAHO, City of Meridian Investment Portfolio CITY OF MERIDIAN INVESTMENT PORTFOLIO YIELD BY INVESTMENTTYPE IDAHO STATE POOL IDAHO BOND FUND 1.36% CASH 0.00% FIB ■FIB MoneyMarket$1,647,962 ■Cash$13,677,843 MONEYMARKET 00.15% ■Idaho Bond Fund$71,467,860 ■Idaho State Pool$113,145,742 City of Meridian Interest/Investment Income City of Meridian Cash/I nvestments Balance by Major Fund by Major Fund $900,000 $120,000,000 — $800,000 $700,000 $100,000,000 $600,000 $500,000 $80,000,000 $400,000 $60,000,000 $300,000 $200,000 $40,000,000 $100,000 $20,000,000 $0 General Enterprise General Fund Enterprise Fund ■TotalBudget ■Actual YTD 0FY22 0FY21 Page 207 F:\Monthly Reports\Finance Reports\FY2022\FY22-1 Oct Council Report 2 of 3 is Item#11. E IDIAN*-- FINANCE REPORT I D A H O October 2021 - FY22 GENERAL FUND BALANCE ALLOCATIONS $100,000,000 $90,000,000 $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 Nonspendable ■Restricted 0 Committed ®Assigned ®Unassigned ■Reserves ENTERPRISE FUND BALANCE ALLOCATIONS $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 $ 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 0 Assigned ■Unassigned 0 Reserves Page 208 F:\Monthly Reports\Finance Reports\FY2022\FY22-1 Oct Council Report 3 of 3 ce Item#12. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing and Second Reading of Ordinance No. 21-1954: An Ordinance of the City Council of the City of Meridian, Idaho, Approving the (Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to County and State Officials and the Affected Taxing Entities; Providing Severability; Approving the Summary of the Ordinance; and Providing an Effective Date Item will be continued to November 30, 2021 Page 209 Item#12. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Cameron Arial, Community Development Meeting Date: November 16, 2021 Presenter: Cameron Arial Estimated Time: 10 minutes Topic: Official Public Hearing and Second Reading of Ordinance No. 21-1954: An Ordinance of the City Council of the City of Meridian, Idaho,Approving the (Option A)1 Urban Renewal Plan for the Northern Gateway District Urban Renewal Project Recommended Council Action There is the second reading of Ordinance 21-1954 approving the Urban Renewal Plan for the Northern Gateway District Urban Renewal Project. This is also the official hearing to take public comment regarding the Urban Renewal Plan for the Northern Gateway District Urban Renewal Project. There is no Council action required at this time. Council adoption of Ordinance No. 21- 1954 is proposed to occur following the third and final reading on December 7, 2021. Background On July 13, 2021,the Second Amendment to the Meridian Revitalization Plan deannexed 133 parcels from the original downtown Meridian Revitalization District which will sunset in 2026. The proposed Northern Gateway District (the "District") includes those deannexed parcels, in addition to 17 parcels not previously included in an urban renewal district. The following required City and Meridian Development Corporation (MDC) actions and approvals have preceded this proposed ordinance approving the Urban Renewal Plan for the Northern Gateway District (the "Plan"): MDC Approval and Transmittal of Eligibility Report June 9, 2021 City Council Approval of Eligibility Report July 6, 2021 MDC Approval &Transmittal of Northern Gateway District Urban Renewal Plan September 22, 2021 Planning and Zoning Commission Confirmation of Conformance of October 7, 2021 Northern Gateway Urban Renewal Plan with City Comprehensive Plan The establishment of the 126.23-acre Northern Gateway District will encourage new investment and continued redevelopment of private properties, generating tax increment to fund capital improvements and continued public-private partnerships to support new development. 1 Option A includes a 17.64-acre parcel known as the McFadden parcel at the northwest corner of Cherry Lane and Meridian Road, owned by Kobe LLC, which was officially annexed into the City on October 31,2021. Option B excluded the parcel and was withdrawn by MDC following execution of a DevelopmentAgreement b the property owner and approval of annexation and Development Agreement by the City Council. Page 210 A�. '^fig ► r - ■ - ■ : �. a ipw- T.' y L' t' 4 _ n •R f 49 l f T F Gt 47. J. lop Sri Ae f .� •.- .-.. J..A. 74 ��"� ,� ..�� � .dr R!.!is �, •� Y ��• �� .•if��!r� �y NOF v. E'i I f 'w�g�+ rid. J: •�:�—�_�-���..Y-- _ -`-- =..�.��-=.r_..�=�•-.�'`_ _�.� 'r`_"_'yr, ..-��r E ' � � .�� 3 r ' •�.- - -�-: ; <.::... - _ � `�--tea =--- � r�-� ._'�- ��r��S Fib= ��: ..a� .f�'±=�a:,:_ <�' �R :��� ,J•A:..` � .��ri� ' 3:� "1.-�r Item#12. Plan development began with identification of needed infrastructure improvements as well as potential projects that may be funded through future tax increment generated by anticipated new investment and redevelopment of properties within the proposed District. Specific street improvements and utility upgrades are cited in Plan Attachment 5.1 which lists a total of $33,925,000 in improvements and projects. Current market rents often cannot support rising development costs or produce the returns necessary to justify private equity investment or to secure traditional bank financing for the redevelopment of many small parcels throughout the District. The assemblage of parcels can spread soft developments costs over a larger area and, when coupled with MDC's ability to reimburse qualifying public infrastructure improvements associated with new construction, can spur development interest. Based on projected new private investment of$310,000,000, it is estimated that redevelopment and other Plan activities will generate tax increment revenue of$35,085,665 over the 20-year life of the Plan (Attachment 5.2). MDC will retain its "pay-as-go" philosophy, carefully considering funding assistance for qualifying development costs and activities on a reimbursement basis,with a nexus to increased tax increment resulting from new private investment. Future Actions This is the official public hearing and second of three required ordinance readings. The third reading and adoption of the Northern Gateway Urban Renewal Plan are scheduled for December 7, 2021. 3 Page 212 Item#12. CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN PERREAULT, STRADER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, APPROVING THE (OPTION A) URBAN RENEWAL PLAN FOR THE NORTHERN GATEWAY DISTRICT URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS AND THE AFFECTED TAXING ENTITIES; PROVIDING SEVERABILITY; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Council and Mayor of Meridian respectively on or about July 24, 2001, adopted and approved a resolution creating the Urban Renewal Agency of Meridian, Idaho, also known as the Meridian Development Corporation ("MDC" or the "Agency"), authorizing it to transact business and exercise the powers granted by the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (hereinafter the "Law"), and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (hereinafter the "Act") upon making the findings of necessity required for creating said Agency; WHEREAS, on October 8, 2002, the City Council (the "City Council") of the City of Meridian, Idaho (the "City"), after notice duly published conducted a public hearing on the Meridian Revitalization Plan Urban Renewal Project, which is also referred to as the Downtown District(the "Downtown District Plan"); WHEREAS, following said public hearing, the City Council on December 3, 2002, adopted Ordinance No. 02-987 approving the Downtown District Plan, 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 Urban Renewal Plan for the Ten Mile Road -An Urban Renewal Project (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 (the "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 from the Downtown District Project Area and making certain findings; Page 213 Item#12. 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, which included the parcels deannexed pursuant to the First Amendment to the Downtown District Plan(the "Union District Project Area"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Second Amendment to the Meridian Revitalization Plan Urban Renewal Project (the "Second Amendment to the Downtown District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 21- 1933 on July 13, 2021, approving the Second Amendment to the Downtown District Plan deannexing certain parcels from the Downtown District Project Area 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 Existing Downtown District Plan, the Ten Mile Plan, and the Union District Plan are collectively referred to as the "Existing Urban Renewal Plans" and their respective revenue allocation project areas are collectively referred to as the "Existing Project Areas;" WHEREAS, there is an additional urban renewal plan and an urban renewal plan amendment and their respective revenue allocation project areas that may or will be considered by the City Council prior to December 31, 2021, specifically, the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project and the Urban Renewal Plan for the Linder District Urban Renewal Project, collectively referred to as the "Proposed Urban Renewal Plans" and their respective revenue allocation project areas are collectively referred to as the "Proposed Project Areas;" 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, an urban renewal plan shall (a) conform to the general plan for the municipality as a whole, except as provided in§ 50-2008(g), Idaho Code; and (b) shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions; WHEREAS, Idaho Code Section 50-2906, also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must Page 214 Item#12. make a finding or determination that the area included in such plan is a deteriorated area or deteriorating area; WHEREAS, based on inquiries and information presented by certain public entities, certain interested parties and property owners, MDC commenced certain discussions concerning examination of an area, most of which was located within the City, and a portion of which was located within the City's area of impact within unincorporated Ada County and subject to a pending voluntary annexation into the City, to determine whether the area may be deteriorating or deteriorated and should be examined as to whether such an area is eligible for an urban renewal proj ect; WHEREAS, in 2021, MDC authorized Kushlan I Associates to commence an eligibility study and preparation of an eligibility report for an area 126.226 acres in size, approximately 77 acres of which was deannexed from the boundaries of the Downtown District Project Area. The area is generally located in the central part of the City, 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 included 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 included real property located within unincorporated Ada County for the purpose of determining whether such area was 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, 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. 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; and f. diversity of ownership; 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. See, Idaho Code § 50-2903(8)(c); Page 215 Item#12. 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, the MDC Board, on June 9, 2021, adopted Resolution No. 21-026, accepting 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 the Act; WHEREAS, the City Council on July 6, 2021, adopted Resolution No. 21-2273, declared the Study Area described in the Report to be a deteriorated area or a deteriorating area, or a combination thereof, as defined by Chapters 20 and 29 of Title 50, Idaho Code, as amended, that such Study Area is appropriate for an urban renewal project, and directed MDC to commence preparation of an urban renewal plan for the area designated; 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 was a 17.64-acre parcel located on the northwest corner of Meridian Road and Cherry Lane, and commonly referred to as 104 W. Cherry Lane, Meridian, Idaho, which parcel is owned by Kobe LLC and commonly referred to as the McFadden Property (the "McFadden Property"). At the time the City Council directed MDC to prepare an urban renewal plan for the Study Area, the McFadden Property was pending a voluntary annexation into the City; WHEREAS, in order to implement the provisions of the Act and the Law either MDC may prepare a plan, or any person,public or private, may submit such plan to MDC; WHEREAS, MDC and its consultants have under the planning process during 2021 for the area previously designated as eligible for urban renewal planning; WHEREAS, MDC has embarked on an urban renewal project referred to as the (Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project (the "Northern Gateway District Plan"), as set forth in Exhibit 3 attached hereto, and the corresponding urban Page 216 Item#12. renewal/revenue allocation area referred to as the Northern Gateway District Project Area ("Northern Gateway District Project Area" or "Revenue Allocation Area"), to redevelop a portion of the City,pursuant to the Law and the Act, as amended; WHEREAS, the Northern Gateway District proposes to create an urban renewal area commonly known as the Northern Gateway District Project Area, which area is shown on the "Boundary Map of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area" and described in the "Legal Description of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area," which are attached to the Northern Gateway District Plan as Attachments 1 and 2 respectively; WHEREAS, the Act authorizes MDC to adopt revenue allocation financing provisions as part of an urban renewal plan; WHEREAS, the Northern Gateway District Plan contains revenue allocation financing provisions as allowed by the Act; WHEREAS, MDC and the City Council reviewed and considered the proposed public improvements within the Northern Gateway District Project Area during a joint meeting on August 24, 2021; WHEREAS,the Agency Board considered all comment and information submitted to the Agency during several earlier Board meetings throughout 2021, and the Board meeting held on September 22, 2021; WHEREAS, on September 22, 2021, the Agency Board passed Resolution No. 21-036 proposing and recommending the approval of the Northern Gateway District Plan; WHEREAS, the Agency submitted the Northern Gateway District Plan to the Mayor and City Council; WHEREAS, the Mayor and City Clerk have taken the necessary action in good faith to process the Northern Gateway District Plan consistent with the requirements set forth in Idaho Code Sections 50-2906 and 50-2008; WHEREAS, pursuant to the Law, at a meeting held on October 7, 2021, the Meridian Planning and Zoning Commission considered the Northern Gateway District Plan and found by P & Z Resolution No 21-01 that the Northern Gateway District Plan is in all respects in conformity with the City of Meridian Comprehensive Plan, as may be amended (the "Comprehensive Plan") and forwarded its findings to the City Council, a copy of which is attached hereto as Exhibit 1; WHEREAS, the notice of public hearing of the Northern Gateway District Plan was caused to be published by the Meridian City Clerk in the Idaho Press on October 15 and 29, 2021, a copy of said notice is attached hereto as Exhibit 2; Page 217 Item#12. WHEREAS, as of October 15, 2021, the Northern Gateway District Plan was submitted to the affected taxing entities and separately to the Ada County Highway District("ACHD"), available to the public, and under consideration by the City Council; WHEREAS, on October 12, 2021, the City Council held a public hearing on the annexation of the McFadden Property; WHEREAS,the public hearing was continued to October 26, 2021; WHEREAS, following the public hearing the City Council adopted Ordinance No. 21-1952 on October 26, 2021, annexing the McFadden Property, and the Ordinance Summary was published in the Idaho Press, on October 31, 2021; WHEREAS, the City Council during its regular meeting of November 23, 2021, held such public hearing on the Northern Gateway District Plan as noticed; WHEREAS, as required by Idaho Code sections 50-2905 and 50-2906, the Northern Gateway District Plan contains the following information with specificity which was made available to the general public and all affected taxing districts prior to the public hearing on November 23, 2021, the regular meeting of the City Council, at least thirty (30) days but no more than sixty (60) days prior to the date set forth final reading of the Ordinance: (1) a statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) an economic feasibility study; (4) a detailed list of estimated project costs; (5) a fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds, notes and/or other obligations are repaid, upon all taxing districts levying taxes upon property in the revenue allocation area; (6) a description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) a termination date for the plan and the revenue allocation area as provided for in section 50-2903(20), Idaho Code. In determining the termination date, the plan shall recognize that the agency shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the urban renewal plan; and (8) a description of the disposition or retention of any assets of the agency upon the termination date. Provided however, nothing herein shall prevent the agency from retaining assets or revenues generated from such assets as long as the agency shall have resources other than revenue allocation funds to operate and manage such assets; WHEREAS, the Northern Gateway District Plan authorizes certain projects to be financed by owner/developer participation agreements and proceeds from revenue allocation. Revenue allocation bonds or loans are permissible; WHEREAS, appropriate notice of the Northern Gateway District Plan and revenue allocation provision contained therein has been given to the affected taxing districts and to the public as required by Idaho Code§§ 50-2008 and 50-2906; WHEREAS, it is necessary and in the best interest of the citizens of the City, to adopt the Northern Gateway District Plan and to adopt, as part of the Northern Gateway District Plan, Page 218 Item#12. revenue allocation financing provisions that will help finance urban renewal projects to be completed in accordance with the Northern Gateway District Plan, in order to: encourage private development in the urban renewal area; prevent and arrest decay of the City due to the inability of existing financing methods to provide needed public improvements; encourage taxing districts to cooperate in the allocation of future tax revenues arising in the Northern Gateway District Project Area in order to facilitate the long-term growth of their common tax base; encourage private investment within the City; and to further the public purposes of the Agency; WHEREAS, the City Council finds that the equalized assessed valuation of the taxable property in the revenue allocation area as shown and described in Attachments 1 and 2 of the Northern Gateway District Plan is likely to increase, and continue to increase, as a result of initiation and continuation of urban renewal projects in accordance with the Northern Gateway District Plan; WHEREAS, under the Law and Act any such plan should provide for(1) a feasible method for the location of families who will be displaced from the urban renewal area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan should conform to the general plan of the municipality as a whole; (3) the urban renewal plan should give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of the children residing in the general vicinity of the site covered by the plan; and (4) the urban renewal plan should afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; WHEREAS, if the urban renewal area consists of an area of open land to be acquired by the urban renewal agency, such area shall not be so acquired unless (1) if it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe, and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe, and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; or (2) if it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in the Law, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area; WHEREAS, pursuant to Chapter 14, Title 40, Idaho Code, the Ada County Highway District ("ACHD") is granted certain authority and jurisdiction over public rights of way within the Northern Gateway District Project Area; Page 219 Item#12. WHEREAS, ACHD also has the opportunity to provide comments on the proposed Northern Gateway District Plan; 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 Agency obtained written consent concerning certain property within the Northern Gateway District Project Area, which may have been deemed an agricultural operation, as stated above. A true and correct copy of the agricultural operation consent is included as Attachment 6 to the Northern Gateway District Plan; WHEREAS, the base assessment roll of the Northern Gateway District Project Area, together with the base assessment roll values of the Existing Project Areas, cannot exceed ten percent (10%) of the current assessed values of all the taxable property in the City; WHEREAS, it is necessary, and in the best interests of the citizens of the City to adopt the Northern Gateway District Plan; WHEREAS, the City Council at its regular meeting held on November 23, 2021, considered the Northern Gateway District Plan as proposed and made certain comprehensive findings. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,IDAHO: SECTION 1: It is hereby found and determined that: (a) The Northern Gateway District Project Area as defined in the Northern Gateway District Plan is a deteriorated area or a deteriorating area as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law and Act. (b) The rehabilitation, conservation, development and redevelopment of the urban renewal area pursuant to the Northern Gateway District Plan are necessary in the interests of public health, safety, and welfare of the residents of the City. (c) There continues to be a need for the Agency to function in the City. (d) The Northern Gateway District Plan conforms to the City of Meridian Comprehensive Plan as a whole. (e) The Northern Gateway District Plan gives due consideration to the provision of adequate park and recreation areas and facilities that may be desirable for neighborhood improvement (recognizing the mixed-use components of the Plan and the need for overall public improvements), and shows consideration for the health, Page 220 Item#12. safety, and welfare of any children, residents, or businesses in the general vicinity of the urban renewal area covered by the Northern Gateway District Plan. (f) The Northern Gateway District Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation, development and redevelopment of the urban renewal area by private enterprises. (g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the Northern Gateway District Plan provides a feasible method for relocation obligations of any displaced families residing within the Northern Gateway District Project Area. (h) The collective base assessment rolls for the revenue allocation areas under the Existing Project Areas, the Proposed Project Areas and the Northern Gateway District Project Area, do not exceed ten percent (10%) of the assessed values of all the taxable property in the City. (i) The Plan includes the requirements set forth in Idaho Code § 50-2905 with specificity. (j) The Northern Gateway District Plan is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes (if any), land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions. (k) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code section 50-2018(9) and Idaho Code section 50-2903(8)(f), does not include any agricultural operations for which the Agency has not received written consent. (1) The portion of the Northern Gateway District Project Area which is identified for non-residential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the Comprehensive Plan to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. (m) The portion of the Northern Gateway District Project Area which is identified for residential uses is necessary and appropriate as there is a shortage of housing of sound standards and design which is decent, safe and sanitary in the City; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the City. Page 221 Item#12. (n) The McFadden Property was timely annexed into the City and may be included within the boundaries of the Northern Gateway District Project Area. SECTION 2: The City Council finds that the Northern Gateway District Project Area does include a portion of open land, that the Agency may acquire any open land within the Northern Gateway District Project Area, and that the Northern Gateway District Project Area is planned to be redeveloped in a manner that will include both residential and nonresidential uses. Provided, however, the City Council finds that for the portions of the Northern Gateway District Project Area deemed to be "open land," the criteria set forth in the Law and Act have been met. SECTION 3: The City Council finds that one of the Northern Gateway District Plan objectives to increase the residential opportunity does meet the sound needs of the City and will provide housing opportunities in an area that does not now contain such opportunities, and the portion of the Northern Gateway District Project Area which is identified for nonresidential uses are necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of City's Comprehensive Plan, to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. SECTION 4: The Northern Gateway District Plan, a copy of which is attached hereto and marked as Exhibit 3_and made a part hereof by attachment, be, and the same hereby is, approved. As directed by the City Council, the City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the November 23, 2021, hearing and incorporate changes or modifications, if any. SECTION 5: The boundaries of the Northern Gateway District Project Area overlap the boundaries of the ACHD, which has the responsibility for the maintenance of roads and highways within the City. The Agency has negotiated an agreement with the ACHD pursuant to Idaho Code Section 50-2908(2)(a)(iv). SECTION 6: The City Council declares that nothing within the Northern Gateway District Plan is intended or shall be interpreted to usurp the jurisdiction and authority of ACHD as defined in chapter 14, Title 40, Idaho Code. Further, pursuant to Section 40-1415, Idaho Code, ACHD has authority over the planning, location, design, construction, reconstruction, and maintenance of the City rights of way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads, and retaining walls. In the planning process, ACHD shall take into consideration the principles contained in the Plan. SECTION 7: No direct or collateral action challenging the Northern Gateway District Plan shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from and after the effective date of this Ordinance adopting the Northern Gateway District Plan. SECTION 8: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Ada County Assessor, and to the appropriate officials of Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, West Ada School District, Ada County Ambulance/EMS, Meridian Cemetery Maintenance District, College of Western Idaho, Meridian Free Library District, Mosquito Abatement District, the Western Ada Recreation District, and the State Tax Commission a copy of this Ordinance, a Page 222 Item#12. copy of the legal description of the boundaries of the Revenue Allocation Area, and a map indicating the boundaries of the Northern Gateway District Project Area. SECTION 9: The City Council hereby finds and declares that the Revenue Allocation Area as defined in the Northern Gateway District Plan, the equalized assessed valuation of which the City Council hereby determines is in and is part of the Northern Gateway District Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Northern Gateway District Plan. SECTION 10: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the Agency's Board of Commissioners: If any City Council members are appointed to the Board, they are not acting in an ex officio capacity but, rather, as private citizens who, although they are also members of the City Council, are exercising their independent judgment as private citizens when they sit on the Board. Except for the powers to appoint and terminate Board members and to adopt the Northern Gateway District Plan, the City Council recognizes that it has no power to control the powers or operations of the Agency. SECTION 11: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not exercise its power under Idaho Code section 50-2006 to designate itself as the Agency Board. SECTION 12: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2021, to the extent permitted by the Act. SECTION 13: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such determination shall not affect the validity of remaining portions of this Ordinance. SECTION 14: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 15: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 16: Savings Clause. This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. PASSED by the City Council of the City of Meridian, Idaho, this day of December 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this day of December 2021. Page 223 Item#12. APPROVED: ATTEST: Robert Simison, Mayor Chris Johnson, City Clerk Page 224 Item#12. Exhibit 1 A Resolution of the Planning and Zoning Commission for the City of Meridian, Idaho, Validating Conformity of the (Option A)Urban Renewal Plan for Northern Gateway District Urban Renewal Project with the City of Meridian's Comprehensive Plan Page 225 Item#12. �Z-21-04 CITY OF MERIDIAN BY THE PLANNING AND ZONING COMMISSION A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN, IDAHO,VALIDATING CONFORMITY OF THE (OPTION A) URBAN RENEWAL PLAN FOR THE NORTHERN GATEWAY DISTRICT URBAN RENEWAL PROJECT WITH THE CITY OF MERIDIAN'S COMPREHENSIVE PLAN WHEREAS, the Urban Renewal Agency of the City of Meridian(the "City"), Idaho, also known as Meridian Development Corporation(hereinafter"MDC"), the duly constituted and authorized urban renewal agency of the City, has submitted the proposed(Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project (the "Northern Gateway District Plan")to the City; and WHEREAS, the Mayor and Meridian City Council referred the Northern Gateway District Plan to the City Planning and Zoning Commission for review and recommendations concerning the conformity of said Northern Gateway District Plan with the City's Comprehensive Plan, as amended(the "Comprehensive Plan"); and WHEREAS, on October 7, 2021, the City Planning and Zoning Commission met to consider whether the Northern Gateway District Plan conforms with the Comprehensive Plan as required by Idaho Code § 50-2008(b); and WHEREAS, the City Planning and Zoning Commission has reviewed said Northern Gateway District Plan in view of the Comprehensive Plan; and WHEREAS, the City Planning and Zoning Commission has determined that the Northern Gateway District Plan is in all respects in conformity with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN, IDAHO: Section 1. That the Northern Gateway District Plan, submitted by MDC and referred to this Commission by the Mayor and City Council for review, is in all respects in conformity with the City's Comprehensive Plan. Section 2. That Exhibit A, the memorandum from Brian McClure, Comprehensive Associate Planner dated September 30, 2021, outlining the analysis supporting the determination that the Northern Gateway District Plan is in conformity with the City's Comprehensive Plan, is hereby adopted and incorporated as part of this Resolution. Section 3. That the City Clerk is hereby authorized and directed to provide the Mayor and Meridian City Council with a signed copy of this Resolution relating to said Northern Gateway District Plan. Page 226 Item#12. Z-21-04 Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Planning and Zoning Commission of the City of Meridian, Idaho, this 7th day of October 2021. APPROVED: ATTEST: Chair, Planning and Zoning Commission City Clerk, Chris Johnson 10-07-2021 4810-4341-8296,v. 1 Page 227 Item#12. Exhibit 2 Notice Published in the Idaho Press Page 228 AD# Itefll#12. LEGAL NOTICE p.The provision of financial and other assistance to encourage greater density and a diverse mix of rental rates and housing NOTICE OF REGULAR MEETING AND PUBLIC HEAR- options; ING BYTHE CITY COUNCIL OFTHE CITY OF MERIDIAN, IDAHOTO CONSIDERTHE URBAN RENEWAL PLAN FOR q.The rehabilitation of structures and improvements by present THE NORTHERN GATEWAY DISTRICT URBAN RENEWAL owners,their successors,and the Agency; PROJECT(OPTION A)OFTHE URBAN RENEWAL AGENCY OF MERIDIAN,IDAHO,ALSO KNOWN AS r.The preparation and assembly of adequate sites for the de- MERIDIAN DEVELOPMENT CORPORATION velopment and construction of facilities for mixed-use residential (including affordable and/or workforce housing when and if de- termined to be a public benefit),commercial,office,retail areas, NOTICE IS HEREBY GIVEN that on Tuesday,November 23, medical facilities,and educational facilities; 2021,at 6:00 p.m.in City Council Chambers,Meridian City Hall, 33 E.Broadway Avenue,Meridian,Idaho,83642,and/or in virtual s.The environmental assessment and remediation of brown- meeting as may be noticed on the City's website(www.meridi- field sites,or sites where environmental conditions detrimental to ancityorg),the City Council of the City of Meridian,Idaho("City") redevelopment exist; will hold,during its regular meeting,a public hearing to consider for adoption the proposed Urban Renewal Plan for the Northern I.In collaboration with property owners and other stakeholders, Gateway District Urban Renewal Project(Option A)(the"Plan"), working with the City to amend zoning regulations(if necessary) of the Urban Renewal Agency of Meridian,Idaho,also known and standards and guidelines for the design of streetscape,pla- as Meridian Development Corporation('Agency").The urban zas multi-use pathways,parks,and open space and other like renewal and revenue allocation area boundary is coterminous public spaces applicable to the Project Area as needed to sup- and is hereinafter described.The Plan proposes that the Agen- port implementation of this Plan; cy undertake urban renewal projects,including identifying public facilities for funding,pursuant to the Idaho Urban Renewal Law u.In conjunction with the City,the establishment and imple- of 1965,chapter 20,title 50,Idaho Code,as amended.The Plan mentation of performance criteria to assure high site design being considered for adoption contains a revenue allocation fi- standards and environmental quality and other design elements nancing provision pursuant to the Local Economic Development which provide unity and integrity to the entire Project Area,in- Act,chapter 29,title 50,Idaho Code,as amended,that will cause cluding commitment of funds for planning studies,achieving high property taxes resulting from any increase in equalized assessed standards of development,and leveraging such development to valuation in excess of the equalized assessed valuation as achieve public objectives and efficient use of scarce resources; shown on the base assessment roll as of January 1,2021,to be allocated to the Agency for urban renewal purposes.The Agency v.To the extent allowed by law,lend or invest federal funds to has adopted and recommended approval of the Plan.The City facilitate development and/or redevelopment; Council will be considering the second reading of an ordinance to adopt the Plan at the meeting scheduled for November 23, w.The provision for relocation assistance to displaced Project 2021,at 6:00 p.m.An additional reading will follow consistent Area occupants,as required by law,or within the discretion of the with the City's ordinance approval process. Agency Board for displaced businesses; The general scope and objectives of the Plan are: x.Agency and/or owner-developer construction,participation in the construction and/or management of public parking facilities a.The engineering, design, installation, construction,and/ and/or surface lots that support a desired level and form of devel- or reconstruction of streets and streetscapes,including but not opment to enhance the vitality of the Project Area; limited to improvements and upgrades to portions of Northeast 2nd Street,Northeast 2%Street,Northeast 3rd Street,Carlton y.Other related improvements to those set forth above as fur- Avenue,Washington Avenue,Main Street,Northeast 4th Street, ther set forth in Attachment 5. Badley Avenue,Gruber Avenue,State Avenue,Pine Avenue,Me- ridian Road frontage north of Fairview,Cherry Lane,and Fair- Any such land uses as described in the Plan will be in confor- view Avenue frontage and related pedestrian facilities,curb and mance with zoning for the City and the City's Comprehensive gutter,intersection and mil crossing improvements,and traffic Plan,as amended.Land made available will be developed by signals; private enterprises or public agencies as authorized by law.The Plan identifies various public and private improvements which b.The engineering, design, installation, construction, and/ may be made within the Project Area. or reconstruction of storm water management infrastructure to support compliance with federal,state,and local regulations for The Urban Renewal Project Area and Revenue Allocation Area storm water discharge and to support private development; herein referred to is described as follows: c.The provision for participation by property owners and de- An area consisting of approximately 126 acres,inclusive of velopers within the Project Area to achieve the objectives of this rights-of-way,and is generally east of Meridian Road and south Plan; of Fairview Avenue.A portion of the Project Area fronts the north side of Fairview Avenue east of Meridian Road.The Project Area d.The engineering,design,installation,construction and/or re- also includes a 1764-acre parcel located at the northwest corner construction of sidewalks and related pedestrian facilities,curb of Meridian Road and Cherry Lane,and as more particularly de- and gutter and streetscapes,including but not limited to improve- scribed in the Plan and depicted in the Map below: ments to portions of Northeast 2nd Street,Northeast 2 Ys Street, Northeast 3rd Street,Carlton Avenue,Washington Avenue,Main Street,Northeast 4th Street,Badley Avenue,Gruber Avenue, LEGEND State Avenue,Pine Avenue,Meridian Road frontage north of Fairview,Cherry Lane,and Fairview Avenue frontage; — uro raxawr Y s Via x ins e.The engineering,design,installation,construction,and/or re- '� rsn av� xesrcsrc rsw.m' construction of utilities including but not limited to improvements and upgrades to the water distribution system,including exten- sion of the water distribution system,water capacity improve- ments,water storage upgrades,sewer system improvements M + and upgrades,including extension of the sewer collection sys- tem,lift station,and improvements,and upgrades to power,gas, �s esrra '7rusrr , fiber optics,communications,and other such facilities; f.Removal,burying,or relocation of overhead utilities;removal - or relocation of underground utilities;extension of electrical dis- tribution lines and transformers;improvement of irrigation and drainage ditches and laterals;undergrounding or piping of later- als;addition of fiber optic lines or other communication systems; ki public parking facilities,and other public improvements,including n but not limited to fire protection systems,floodway and flood zone mitigation;and other public improvements that may be deemed appropriate by the Board; g.The engineering,design,installation,and/or construction 1810 sisrr Ate. of a public parking structure or structures and/or public surface parking lots and related public improvements; h.The acquisition of real property for public right-of-way and streetscape improvements, utility undergrounding, extension, 1„crvc suxanca+surum.�xc. upgrades,public parks and trails,pedestrian facilities,pathways (�y�J,j ensam�ucvouxaca swi:,.,�„ and trails,recreational access points and to encourage and °M..� m enhance housin affordability and housing diversity,enhance [.Xp m 9 Y 9 Y SHEET i Of 5 transit options and connectivity,decrease underutilized parcels, create development opportunities consistent with the Plan,in- cluding but not limited to future disposition to qualified develop- ers for qualified developments; Copies of the proposed Plan are on file for public inspection and copying at the office of the City Clerk,Meridian City Hall, i.The disposition of real property through a competitive pro- 33 E.Broadway Avenue,Meridian,Idaho 83642,between the cess in accordance with this Plan,Idaho law,including Idaho hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,ex- Code Section 50-2011,and any disposition policies adopted by clusive of holidays.Costs for copying are outlined in Idaho Code the Agency; Section 74-102.The proposed Plan can also be accessed online at https://bit.ly/NorthernGatewayA.For additional assistance in j The demolition or removal of certain buildings and/or improve- obtaining a copy of the Plan in the event of business office in- ments for public rights-of-way and streetscape improvements, terruptions,contact the office of the City Clerk at 208-888-4433. pedestrian facilities,utility undergrounding extension and up- grades,public facilities,and to encourage and enhance housing At the hearing date,time,and place noted above(November affordability and housing diversity,enhance mobility options and 23,2021,at 6:00 p.m.),all persons interested in the above mat- connectivity,decrease underutilized parcels and surface parking ters may appear and be heard.Because social distancing orders lots,eliminate unhealthful,unsanitary,or unsafe conditions,elim- may be in effect at the time of the hearing,written testimony is inate obsolete or other uses detrimental to the public welfare or encouraged.Written testimony must be submitted at least five otherwise to remove or to prevent the spread of deteriorating or working days prior to the hearing.Oral testimony may be limit- deteriorated conditions; ed to three minutes per person.Information on assessing the meeting remotely will be posted on the published agendas,no k.The management of any property acquired by and under the later than 48 hours prior to the meeting at https:Hmeridiancity. ownership and control of the Agency; org/agendas.Additional information regarding providing testimo- ny in compliance with any social distancing orders in effect may I.The development or redevelopment of land by private enter- be obtained by calling 208-888-4433 or by email at cityclerk@ prise or public agencies for uses in accordance with this Plan; meridiancityorg. in The construction and financial support of infrastructure Meridian City Hall is accessible to persons with disabilities.All necessary for the provision of improved transit and alternative information presented in the hearing shall also be available upon transportation; advance request in a form usable by persons with hearing or vi- sual impairments.Individuals with other disabilities may receive n.The engineering,design,installation,construction,and/or assistance by contacting the City twenty-four(24)hours prior to reconstruction of below ground infrastructure to support the con- the hearing. struction of certain municipal buildings pursuant to Idaho Code Section 50-2905A; DATED:October 8,2021. o.The provision of financial and other assistance to encourage Chris Johnson,City Clerk and attract business enterprise,including but not limited to start- ups and microbusinesses,mid-sized companies,and large-scale October 15,29,2021 156888 corporations; Page 229 Item#12. Exhibit 3 (Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project Page 230 Item#12. (Option A) URBAN RENEWAL PLAN FOR THE NORTHERN GATEWAY DISTRICT URBAN RENEWAL PROJECT MERIDIAN URBAN RENEWAL AGENCY (also known as Meridian Development Corporation) CITY OF MERIDIAN, IDAHO Ordinance No. Adopted Effective Page 231 Item#12. TABLE OF CONTENTS Page 100 INTRODUCTION.............................................................................................................. 1 101 General Procedures of the Agency ......................................................................... 4 102 Procedures Necessary to Meet State and Local Requirements: Conformance with Idaho Code Sections 50-2008 and 50-2906............................................................ 5 103 History and Current Conditions of the Area........................................................... 6 104 Purpose of Activities............................................................................................... 7 105 Open Land Criteria ................................................................................................. 9 200 DESCRIPTION OF PROJECT AREA............................................................................. 10 300 PROPOSED REDEVELOPMENT ACTIONS................................................................ 10 301 General.................................................................................................................. 10 302 Urban Renewal Plan Objectives ........................................................................... 13 303 Participation Opportunities and Agreements........................................................ 14 303.1 Participation Agreements.......................................................................... 14 304 Cooperation with Public Bodies........................................................................... 16 305 Property Acquisition............................................................................................. 17 305.1 Real Property ............................................................................................ 17 305.2 Personal Property...................................................................................... 19 306 Property Management.......................................................................................... 19 307 Relocation of Persons (Including Individuals and Families), Business Concerns, and Others Displaced by the Project..................................................................... 19 308 Demolition, Clearance and Site Preparation......................................................... 20 309 Property Disposition and Development................................................................ 20 309.1 Disposition by the Agency........................................................................ 20 309.2 Disposition and Development Agreements .............................................. 20 309.3 Development by the Agency..................................................................... 22 310 Development Plans ............................................................................................... 23 311 Personal Property Disposition.............................................................................. 23 312 [Reserved]............................................................................................................ 23 313 Participation with Others ...................................................................................... 23 314 Conforming Owners.............................................................................................. 24 315 Arts and Cultural Funding .................................................................................... 24 400 USES PERMITTED IN THE PROJECT AREA.............................................................. 24 401 Designated Land Uses........................................................................................... 24 402 [Reserved]............................................................................................................. 24 403 Public Rights-of-Way........................................................................................... 24 i Page 232 Item#12. 404 Other Public, Semi-Public, Institutional, and Nonprofit Uses.............................. 25 405 Interim Uses.......................................................................................................... 26 406 Development in the Project Area Subject to the Plan........................................... 26 407 Construction Shall Comply with Applicable Federal, State, and Local Laws and Ordinances and Agency Development Standards................................................. 26 408 Minor Variations................................................................................................... 26 409 Nonconforming Uses............................................................................................ 27 410 Design Guidelines for Development under a Disposition and Development Agreement or Owner Participation Agreement.................................................... 28 500 METHODS OF FINANCING THE PROJECT ............................................................... 28 501 General Description of the Proposed Financing Method...................................... 28 502 Revenue Allocation Financing Provisions............................................................ 29 502.1 Economic Feasibility Study...................................................................... 31 502.2 Assumptions and Conditions/Economic Feasibility Statement................ 31 502.3 Ten Percent Limitation ............................................................................. 32 502.4 Financial Limitation.................................................................................. 33 502.5 [Reserved]................................................................................................ 35 502.6 Participation with Local Improvement Districts and/or Business Improvement Districts .............................................................................. 35 502.7 Issuance of Debt and Debt Limitation...................................................... 35 502.8 Impact on Other Taxing Districts and Levy Rate..................................... 35 503 Phasing and Other Fund Sources.......................................................................... 38 504 Lease Revenue, Parking Revenue, and Bonds...................................................... 38 505 Membership Dues and Support of Community Economic Development ............ 39 600 ACTIONS BY THE CITY AND OTHER PUBLIC ENTITIES...................................... 39 601 Maintenance of Public Improvements..................................................................40 700 ENFORCEMENT.............................................................................................................40 800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW.................... 40 900 PROCEDURE FOR AMENDMENT OR MODIFICATION.......................................... 42 1000 SEVERABILITY.............................................................................................................. 42 1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS.......................... 42 1200 APPENDICES, ATTACHMENTS, EXHIBITS, TABLES............................................. 43 ii Page 233 Item#12. Attachments Attachment 1 Boundary Map of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Attachment 2 Legal Description of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Attachment 3 Private Properties Which May be Acquired by the Agency Attachment 4 Map Depicting Expected Land Use and Current Zoning Map of the Project Area Attachment 5 Economic Feasibility Study Attachment 6 Agricultural Operation Consent iii Page 234 Item#12. 100 INTRODUCTION This is the Urban Renewal Plan (the "Plan") for the Northern Gateway District Urban Renewal Project(the "Project") in the city of Meridian(the "City"), county of Ada, state of Idaho. Attachments 1 through 6 attached hereto (collectively, the "Plan Attachments") are incorporated herein and shall be considered a part of this Plan. The term"Project" is used herein to describe the overall activities defined in this Plan and conforms to the statutory definition of an urban renewal project. Reference is specifically made to Idaho Code Sections 50-2018(10) and 50-2903(13) for the various activities contemplated by the term"Project." Such activities include both private and public development of property within the urban renewal area. The Northern Gateway District Project Area is also referred to as the "Project Area" or the "Revenue Allocation Area." This Plan was prepared by the Board of Commissioners (the "Agency Board") of the Meridian Urban Renewal Agency, also known as Meridian Development Corporation(the "Agency" or"MDC"), its consultants, and staff, and reviewed and recommended by the Agency pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended(the "Law"), the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended(the "Act"), and all applicable local laws and ordinances. Idaho Code Section 50-2905 identifies what information the Plan must include with specificity as follows: (1) A statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) A statement listing the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) An economic feasibility study; (4) A detailed list of estimated project costs; (5) A fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds are repaid, upon all taxing districts levying taxes upon property on the revenue allocation area; (6) A description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) A termination date for the plan and the revenue allocation area as provided for in Section 50-2903(20), Idaho Code. In determining the termination date, the plan shall recognize that the agency shall receive allocation of revenues in the calendar 1 Page 235 Item#12. year following the last year of the revenue allocation provision described in the urban renewal plan; and (8) A description of the disposition or retention of any assets of the agency upon the termination date. Provided however, nothing herein shall prevent the agency from retaining assets or revenues generated from such assets as long as the agency shall have resources other than revenue allocation funds to operate and manage such assets. This Plan includes the above information with specificity. The proposed development and redevelopment of the Project Area as described in this Plan conforms to the City of Meridian Comprehensive Plan (the "Comprehensive Plan"), adopted by the Meridian City Council (the "City Council") on December 17, 2019,by Resolution No. 19-2179. The Agency intends to rely heavily on any applicable City zoning and design standards. This Plan also conforms to the goals set forth in Destination: Downtown, which is a vision plan for the long-term future of the downtown area of the City, which seeks to establish downtown as a premier destination and home to local business. This Plan is subject to the Plan modification limitations and reporting requirements set forth in Idaho Code Section 50-2903A. Subject to limited exceptions as set forth in Idaho Code Section 50-2903A, if this Plan is modified by City Council ordinance, then the base value for the year immediately following the year in which modification occurs shall include the current year's equalized assessed value of the taxable property in the revenue allocation area, effectively eliminating the Agency's revenue stream. A modification shall not be deemed to occur when "[t]here is a plan amendment to make technical or ministerial changes to a plan that does not involve an increase in the use of revenues allocated to the agency." Idaho Code § 50-2903A(1)(a)(i). Annual adjustments as more specifically set forth in the Agency's annual budget will be required to account for more/less estimated revenue and project timing, including prioritization of projects. Any adjustments for these stated purposes are technical and ministerial and are not modifications under Idaho Code Section 50-2903A. This Plan provides the Agency with powers, duties, and obligations to implement and further the program generally formulated in this Plan for the development, redevelopment, rehabilitation, and revitalization of the area within the boundaries of the Project Area. The Agency retains all powers allowed by the Law and Act. This Plan presents a process and a basic framework within which plan implementation, including contracts, agreements and ancillary documents will be presented and by which tools are provided to the Agency to fashion, develop, and proceed with plan implementation. The Plan has balanced the need for flexibility over the twenty (20)-year timeframe of the Plan to implement the improvements identified in Attachment 5, with the need for specificity as required by Idaho Code Section 50-2905. The Plan narrative addresses the required elements of a plan set forth in Idaho Code Section 50-2905(1), (2), (5), (7) and(8). Attachment 5, together with the Plan narrative, meet the specificity requirement for the 2 Page 236 Item#12. required plan elements set forth in Idaho Code Section 50-2905(2)-(6), recognizing that actual Agency expenditures are prioritized each fiscal year during the required annual budgeting process. Allowed projects are those activities which comply with the Law and the Act and meet the overall objectives of this Plan. The public-private relationship is crucial in the successful development and redevelopment of the Project Area. Typically, the public will fund enhanced public improvements like utilities, streets, and sidewalks which, in turn, create an attractive setting for adjacent private investment for a mix of uses including residential, (including but not limited to increased density, and mixed income projects such as affordable and/or workforce housing), light industrial, commercial facilities, including office and retail, recreational, or other community facilities. The purpose of the Law and Act will be attained through the implementation of the Plan. The priorities of this Plan are: a. The installation and construction of public improvements, including new local, collector and arterial streets; improvements to existing roadways and intersections, including the installation of traffic signals; installation of curbs, gutters and streetscapes, which for purposes of this Plan, the term"streetscapes" includes sidewalks, lighting, landscaping, benches, bike racks, public art, signage, way-finding, and similar amenities between the curb and right-of-way line, and other public improvements; installation and/or improvements to fiber optic facilities; improvements to public utilities including water and sewer improvements, and fire protection systems; removal, burying, or relocation of overhead utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals; installation and construction of pathways; and improvement of storm drainage facilities; b. The planning, design, construction and reconstruction of local roads and pathways to support access management, connectivity, and pedestrian mobility; C. The replanning, redesign, and development of undeveloped or underdeveloped areas which are stagnant or improperly utilized because of limited traffic access, underserved utilities, and other site conditions; d. The strengthening of the economic base of the Project Area and the community by the installation of needed public improvements to stimulate new private development providing greater housing density and diversity of housing stock, increased employment opportunities and economic growth; e. The provision of adequate land for open space, street rights-of-way and pedestrian rights-of-way, including pathways along Meridian Road, East Fairview Avenue/West Cherry Lane, future 3rd Street, and Washington Avenue; 3 Page 237 Item#12. f. The reconstruction and improvement of street corridors to allow traffic flows to move through the Project Area, along with the accompanying utility connections; g. The provision of public service utilities, which are necessary to the development of the Project Area, such as water system improvements, sewer system improvements, and improvements to the storm drainage facilities; h. In conjunction with the City, the establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project Area, including commitment of funds for planning studies, achieving high standards of development, and leveraging such development to achieve public objectives and efficient use of scarce resources; i. The strengthening of the tax base by encouraging private development, thus increasing the assessed valuation of properties within the Project Area as a whole and benefiting the various taxing districts in which the urban renewal area is located; j. The acquisition of real property to support development and/or redevelopment initiatives consistent with the Law and Act; and k. The funding of necessary public infrastructure to accommodate both public and private development. 101 General Procedures of the Agency The Agency is a public body, corporate and politic, as defined and described under the Law and the Act. The Agency is also governed by its bylaws as authorized by the Law and adopted by the Agency. Under the Law, the Agency is governed by the Idaho open meeting law; the Public Records Act; the Ethics in Government Act of 2015, Chapters 1, 2 and 4 of Title 74, Idaho Code; reporting requirements pursuant to Idaho Code Sections 67-45013, 67-10761, 50- 2903A and 50-2913; and the competitive bidding requirements under Chapter 28, Title 67, Idaho Code, as well as other procurement or other public improvement delivery methods. Subject to limited exceptions, the Agency shall conduct all meetings in open session and allow meaningful public input as mandated by the issue considered or by any statutory or regulatory provision. The Agency may adopt separate policy statements. Any modification to any policy statement is a technical or ministerial adjustment and is not a modification to this Plan under Idaho Code Section 50-2903A. 1 Pursuant to House Bill 73,passed during the 2021 Legislative Session,significantly effective as of January 1, 2021,with the remaining sections in full force and effect on and after January 1,2022,Idaho Code Section 67-450E is superseded by Idaho Code Section 67-1076. 4 Page 238 Item#12. 102 Procedures Necessary to Meet State and Local Requirements: Conformance with Idaho Code Sections 50-2008 and 50-2906 Idaho law requires that the City Council,by resolution, must determine a geographic area be a deteriorated area or a deteriorating area, or a combination thereof, and designate such area as appropriate for an urban renewal project prior to preparation of an urban renewal plan. A consultant was retained to study a proposed project area(the "Study Area") and prepare an eligibility report. The Northern Gateway Urban Renewal District (Proposed) Eligibility Report (the "Report")was submitted to the Agency. The Agency accepted the Report by Agency Resolution No. 21-026 on June 9, 2021, and thereafter submitted the Report to the City Council for its consideration. The Study Area was deemed by the City Council to be a deteriorating area and/or a deteriorated area and therefore eligible for an urban renewal project by adoption of Resolution No. 21-2273 on July 6, 2021. With the adoption of Resolution No. 21-2273, the City Council declared the Study Area described in the Report to be a deteriorated area and/or a deteriorating area as defined by the Law and Act, and further directed the Agency to commence preparation of an urban renewal plan. 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. In accordance with the Law and Act, the necessary agricultural operation consent was obtained from the owner of the agricultural operation within the Project Area for property that has been used as an agricultural operation within the last three (3) years. A copy of the agricultural operation consent is attached hereto as Attachment 6. An underdeveloped seventeen (17) acre parcel located in the northwest corner of the Project Area and generally bounded by Meridian Road on the east and Cherry Lane on the south was originally located within unincorporated Ada County. The parcel was annexed into the City prior to City Council consideration of this Plan. The Plan was prepared and submitted to the Agency for its review and approval. The Agency approved the Plan by the adoption of Agency Resolution No. 21-036, on September 22, 2021, and submitted the Plan to the City Council with its recommendation for adoption. In accordance with the Law, this Plan was submitted to the Planning and Zoning Commission of the City. After consideration of the Plan, the Commission reported to the City Council that this Plan is in conformity with the City's Comprehensive Plan. 2 Following adoption of Agency Resolution No.21-026,technical minor edits were made to the Report. 5 Page 239 Item#12. Pursuant to the Law and Act, the City Council having published due notice thereof, a public hearing was held on this Plan. Notice of the hearing was duly published in the Idaho Press, a newspaper having general circulation in the City. The City Council adopted this Plan on by Ordinance No. 103 History and Current Conditions of the Area As more specifically described in the Report, this Project Area is generally located in central Meridian, northeast of the City's downtown core. The Project Area contains approximately 126 acres, inclusive of rights-of-way, and is generally east of Meridian Road and south of Fairview Avenue. A portion of the Project Area fronts the north side of Fairview Avenue east of Meridian Road. The Project Area also includes a 17.64-acre parcel located at the northwest corner of Meridian Road and Cherry Lane. The Project Area includes mixed zoning for primarily commercial and residential uses. Current uses may not be wholly consistent with zoning and/or the City's vision set forth in the Comprehensive Plan and/or Destination: Downtown, wherein the vision for this area contemplates four(4)main goals promoting livability, mobility,prosperity, and sustainability. The use of the urban renewal tool to support these goals is critical to the success of the vision. Current conditions reflect aged residences converted to commercial uses over time with nineteen (19) vacant parcels. More than half of the Project Area is devoted to commercial uses and/or vacant parcels zoned for commercial use, with residential uses being the next most significant land use category. The Project Area's largest single parcel is the 17.64-acre underdeveloped parcel located in the northwest corner of Meridian Road and Cherry Lane. In its totality the Project Area is reflective of the shifting urban geography of the City. The Report cites a number of deteriorating conditions existing within the Project Area, including a substantial number of deteriorating or deteriorated structures, deterioration of site, age or obsolescence, the predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, obsolete platting, insanitary and unsafe conditions, and diversity of ownership. Together with deteriorating infrastructure, diversity of ownership represents a significant impediment to development: 105.63 parcel acres in the Project Area are owned by one hundred and fifty (150) entities,which can create issues with necessary property assemblage to support economic development and/or housing opportunities. The foregoing conditions have arrested or impaired growth in the Project Area. The Plan proposes installation and improvements to rights-of-way (arterials, collectors, and local roads),pathways, sidewalks, curbs, gutters, and other streetscape improvements; transit infrastructure; public parking facilities; public infrastructure, including improvements to sewer and water infrastructure, power and fiber installation and/or upgrades; property acquisition to support economic development and housing opportunities and other publicly owned assets throughout the Project Area, as more specifically set forth in Attachment 5, creating the opportunity to revitalize the Project Area and to support transportation infrastructure, as well as mixed-use residential and commercial development consistent with the City's Comprehensive Plan and Destination: Downtown. Other identified improvements include fagade improvements; historic lighting; wayfinding/signage; installation and/or improvements to public plazas,parks, 6 Page 240 Item#12. and open space; environmental remediation; and related planning studies to best implement the proposed public infrastructure improvements. The 17-acre undeveloped parcel, together with the other approximately 19 vacant parcels are underdeveloped and are not being used to their highest and best use. A goal of this Plan is to support development opportunities of this site that will ultimately contribute significantly to the tax base. The preparation and approval of an urban renewal plan, including a revenue allocation financing provision, gives the City additional resources to solve the transit,public infrastructure, and development impediment issues in this area. Revenue allocation financing should help to improve the situation. In effect,property taxes generated by new developments within the Project Area may be used by the Agency to finance a variety of needed public improvements and facilities. Finally, some of the new developments may also generate new jobs in the community that would, in turn, benefit area residents long-term. Additionally, the proposed infrastructure improvements could support a variety of housing opportunities with diverse rental and income ranges, which supports and adds to the fabric of the Project Area. It is unlikely individual developers or public partners will take on the prohibitive costs of constructing the necessary infrastructure in the Project Area without the ability of revenue allocation to help offset at least some of these costs. But for urban renewal and revenue allocation financing, the proposed public improvements to support revitalization of the Project Area would not occur. 104 Purpose of Activities Attachment 5 includes the public improvements lists identifying with specificity the proposed public improvements and projects contemplated in the Project Area. The description of activities, public improvements, and the estimated costs of those items are intended to create an outside limit of the Agency's activity. Due to the inherent difficulty in projecting future levy rates, future taxable value, and the future costs of construction, the Agency reserves the right to: a. Change funding amounts from one Project to another. b. Re-prioritize the Projects described in this Plan and the Plan Attachments. C. Retain flexibility in funding the various activities in order to best meet the Plan and the needs of the Project Area. d. Retain flexibility in determining whether to use the Agency's funds or funds generated by other sources. e. Alter the location of proposed improvements set forth in Attachment 5 to support development when it occurs. The information included in Attachment 5 describes a realistic development scenario recognizing it is difficult to project with any 7 Page 241 Item#12. certainty where the improvements will be sited until any future projects submit plans to the City for design review and permitting. The Agency intends to discuss and negotiate with any owner or developer of the parcels within the Project Area seeking Agency assistance during the duration of the Plan and Project Area. During such negotiation, the Agency will determine the eligibility of the activities sought for Agency funding, the amount the Agency may fund by way of percentage or other criteria including the need for such assistance. The Agency will also take into account the amount of revenue allocation proceeds estimated to be generated from the developer's activities. The Agency also reserves the right to establish,by way of policy, its funding percentage or participation, which would apply to all developers and owners and may prioritize certain projects or types of projects. Throughout this Plan, there are references to Agency activities, Agency funding, and the acquisition, development, and contribution of public improvements. Such references do not necessarily constitute a full, final, and formal commitment by the Agency but, rather, grant to the Agency the discretion to participate as stated subject to achieving the objectives of this Plan and provided such activity is deemed eligible under the Law and the Act. The activities listed in Attachment 5 will be determined or prioritized as the overall Project Area develops and through the annual budget setting process. The activities listed in Attachment 5 are not prioritized but are anticipated to be completed as determined by available funds. As required by the Law and Act, the Agency will adopt more specific budgets annually. The projected timing of funding is primarily a function of the availability of market conditions and financial resources but is also strategic, considering the timing of private development partnership opportunities and the ability of certain strategic activities to stimulate development at given points in time within the planned 20-year period of the urban renewal district and revenue allocation area. The Study(Attachment 5)has described a list of public improvements and other related activities with an estimated cost in 2021 dollars of approximately $33,925,000. This amount does not take into account inflationary factors, such as increasing construction costs, which would increase that figure depending on when the owner, developer and/or Agency is able to develop, construct or initiate those activities. The Study has concluded the capacity of revenue allocation funds through the term of the Plan based on the assumed development projects and assessed value increases will likely generate an estimated $35,085,665. The Agency reserves the discretion and flexibility to use revenue allocation proceeds in excess of the amounts predicted in the event higher increases in assessed values occur during the term of the Plan for the improvements and activities identified. Additionally, the Agency reserves the discretion and flexibility to use other sources of funds unrelated to revenue allocation to assist in the funding of the improvements and activities identified. 8 Page 242 Item#12. 105 Open Land Criteria This Plan contemplates Agency acquisition of property within the Project Area, in part, to support economic development/demonstration projects and housing. The Project Area is not predominantly open, and it does not include any agricultural zoning districts; however, the Project Area includes parcels that are vacant and/or transitioning agricultural operations that could meet the undefined "open land"requiring the area meet the conditions set forth in Idaho Code Section 50-2008(d). These conditions include defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, and faulty lot layout, all of which are included in one form or another in the definitions of deteriorated area or deteriorating area set forth in Idaho Code Sections 50-2018(8), (9) and 50-2903(8). The issues listed only in Idaho Code Section 50-2008(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." Open land areas qualify for Agency acquisition and development for residential uses if the City Council determines there is a shortage of housing of sound standards and design which is decent, safe and sanitary in the City, that the need for housing will be increased as a result of the clearance of deteriorated areas, that the conditions of blight in the area and the shortage of decent, safe and sanitary housing contributes to an increase in the spread of disease and crime and constitutes and menace to the public health, safety, morals, or welfare, and that the acquisition of the area for residential uses is an integral part of and essential to the program of the City. Due to the City's expected growth, the need for housing, including affordable and/or workforce housing, is significant and integral to a successful mixed-use Project Area. Further, the existing zoning designations in the Project Area allow for mixed-density residential, and the future land use map shows areas of projected increased residential density, including surrounding potential commercial projects. Open land areas qualify for Agency acquisition and development for primarily nonresidential uses if acquisition is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives if any of the deteriorating area conditions set forth in Idaho Code Sections 50-2018(8), (9) and 50-2903(8) apply. But such areas also qualify if any of the issues listed only in Idaho Code Section 50-2008(d)(4)(2) apply. The substantial number of deteriorating structures, a predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, and economic disuse, are all conditions which delay or impair development of the open land areas and satisfy the open land conditions as more fully supported by the Report, which was prepared by Kushlan I Associates. This Plan does anticipate Agency acquisition of property within the Project Area; however,the acquisition of specific parcels is unknown at this time. Should the Agency determine the need to acquire property as further set forth in Attachment 3, then the open land areas qualify for Agency acquisition and development. 9 Page 243 Item#12. 200 DESCRIPTION OF PROJECT AREA The boundaries of the Project Area and the Revenue Allocation Area are shown on the Boundary Map of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area, attached hereto as Attachment 1, and incorporated herein by reference, and are described in the Legal Description of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area, attached hereto as Attachment 2, and incorporated herein by reference. For purposes of boundary descriptions and use of proceeds for payment of improvements, the boundary shall be deemed to extend to the outer boundary of rights-of-way or other natural boundary unless otherwise stated. 300 PROPOSED REDEVELOPMENT ACTIONS 301 General The Agency proposes to eliminate and prevent the spread of deteriorating conditions and deterioration in the Project Area by employing a strategy to improve and develop public and private lands, to increase connectivity and transit options, and to grow the economy in the Project Area. Implementation of the strategy includes, but is not limited to the following actions: a. The engineering, design, installation, construction, and/or reconstruction of streets and streetscapes, including but not limited to improvements and upgrades to portions of Northeast 2nd Street,Northeast 2 1/2 Street,Northeast 3rd Street, Carlton Avenue, Washington Avenue, Main Street,Northeast 4th Street, Badley Avenue, Gruber Avenue, State Avenue, Pine Avenue, Meridian Road frontage north of Fairview, and Fairview Avenue frontage and related pedestrian facilities, curb and gutter, intersection and rail crossing improvements, and traffic signals; b. The engineering, design, installation, construction, and/or reconstruction of storm water management infrastructure to support compliance with federal, state, and local regulations for storm water discharge and to support private development; C. The provision for participation by property owners and developers within the Project Area to achieve the objectives of this Plan; d. The engineering, design, installation, construction and/or reconstruction of sidewalks and related pedestrian facilities, curb and gutter and streetscapes, including but not limited to improvements to portions of Northeast 2nd Street, Northeast 2 1/2 Street,Northeast 3rd Street, Carlton Avenue, Washington Avenue, Main Street,Northeast 41h Street, Badley Avenue, Gruber Avenue, State Avenue, Pine Avenue, Meridian Road frontage north of Fairview, and Fairview Avenue frontage; e. The engineering, design, installation, construction, and/or reconstruction of utilities including but not limited to improvements and upgrades to the water 10 Page 244 Item#12. distribution system, including extension of the water distribution system, water capacity improvements, water storage upgrades, sewer system improvements and upgrades, including extension of the sewer collection system, lift station, and improvements, and upgrades to power, gas, fiber optics, communications, and other such facilities; f. Removal, burying, or relocation of overhead utilities; removal or relocation of underground utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals; undergrounding or piping of laterals; addition of fiber optic lines or other communication systems; public parking facilities, and other public improvements, including but not limited to fire protection systems, floodway and flood zone mitigation; and other public improvements that may be deemed appropriate by the Board; g. The engineering, design, installation, and/or construction of a public parking structure or structures and/or public surface parking lots and related public improvements; h. The acquisition of real property for public right-of-way and streetscape improvements, utility undergrounding, extension, upgrades,public parks and trails,pedestrian facilities, pathways and trails, recreational access points and to encourage and enhance housing affordability and housing diversity, enhance transit options and connectivity, decrease underutilized parcels, create development opportunities consistent with the Plan, including but not limited to future disposition to qualified developers for qualified developments; i. The disposition of real property through a competitive process in accordance with this Plan, Idaho law, including Idaho Code Section 50-2011, and any disposition policies adopted by the Agency; j The demolition or removal of certain buildings and/or improvements for public rights-of-way and streetscape improvements,pedestrian facilities, utility undergrounding extension and upgrades, public facilities, and to encourage and enhance housing affordability and housing diversity, enhance mobility options and connectivity, decrease underutilized parcels and surface parking lots, eliminate unhealthful, unsanitary, or unsafe conditions, eliminate obsolete or other uses detrimental to the public welfare or otherwise to remove or to prevent the spread of deteriorating or deteriorated conditions; k. The management of any property acquired by and under the ownership and control of the Agency; 1. The development or redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; 11 Page 245 Item#12. M. The construction and financial support of infrastructure necessary for the provision of improved transit and alternative transportation; n. The engineering, design, installation, construction, and/or reconstruction of below ground infrastructure to support the construction of certain municipal buildings pursuant to Idaho Code Section 50-2905A; o. The provision of financial and other assistance to encourage and attract business enterprise, including but not limited to start-ups and microbusinesses, mid-sized companies, and large-scale corporations; P. The provision of financial and other assistance to encourage greater density and a diverse mix of rental rates and housing options; q. The rehabilitation of structures and improvements by present owners, their successors, and the Agency; r. The preparation and assembly of adequate sites for the development and construction of facilities for mixed-use residential (including affordable and/or workforce housing when and if determined to be a public benefit), commercial, office, retail areas, medical facilities, and educational facilities; S. The environmental assessment and remediation of brownfield sites, or sites where environmental conditions detrimental to redevelopment exist; t. In collaboration with property owners and other stakeholders, working with the City to amend zoning regulations (if necessary) and standards and guidelines for the design of streetscape, plazas multi-use pathways,parks, and open space and other like public spaces applicable to the Project Area as needed to support implementation of this Plan; U. In conjunction with the City, the establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project Area, including commitment of funds for planning studies, achieving high standards of development, and leveraging such development to achieve public objectives and efficient use of scarce resources; V. To the extent allowed by law, lend or invest federal funds to facilitate development and/or redevelopment; W. The provision for relocation assistance to displaced Project Area occupants, as required by law, or within the discretion of the Agency Board for displaced businesses; 12 Page 246 Item#12. X. Agency and/or owner-developer construction,participation in the construction and/or management of public parking facilities and/or surface lots that support a desired level and form of development to enhance the vitality of the Project Area; Y. Other related improvements to those set forth above as further set forth in Attachment 5. In the accomplishment of these purposes and activities and in the implementation and furtherance of this Plan, the Agency is authorized to use all the powers provided in this Plan and all the powers now or hereafter permitted by Law and Act. 302 Urban Renewal Plan Objectives Urban renewal activity is necessary in the Project Area to combat problems of physical deterioration or deteriorating conditions. As set forth in greater detail in Section 103, the Project Area has a history of stagnant growth and development compared to other areas of the City based on deteriorated or deteriorating conditions that have arrested or impaired growth in the Project Area primarily attributed to: a substantial number of deteriorating or deteriorated structures, widespread deterioration of site, underdeveloped properties; inadequate connectivity; lack of multi-use paths; the predominance of defective or inadequate street layout, faulty lot layout, , insanitary and unsafe conditions, and diversity of ownership. The Plan for the Project Area is a proposal to work in partnership with public and private entities to improve, develop, and grow the economy within the Project Area by the implementation of a strategy and program set forth in Section 301 and in Attachment 5. The provisions of this Plan are applicable to all public and private property in the Project Area. The provisions of the Plan shall be interpreted and applied as objectives and goals, recognizing the need for flexibility in interpretation and implementation, while at the same time not in any way abdicating the rights and privileges of the property owners which are vested in the present and future zoning classifications of the properties. All development under an owner participation agreement shall conform to those standards specified in Section 303.1 of this Plan. It is recognized that the Ada County Highway District has exclusive jurisdiction over all public street rights-of-way within the Project Area, except for state highways. Nothing in this Plan shall be construed to alter the powers of the Ada County Highway District pursuant to Title 40, Idaho Code. This Plan must be practical in order to succeed. Particular attention has been paid to how it can be implemented, given the changing nature of market conditions. Transforming the Project Area into a vital, thriving part of the community requires an assertive strategy. The following list represents the key elements of that effort: a. Initiate simultaneous projects designed to revitalize the Project Area. From street and utility improvements to significant new public or private development, the 13 Page 247 Item#12. Agency plays a key role in creating the necessary momentum to get and keep things going. b. Develop new mixed-use residential, retail, office and commercial areas including opportunities for community, cultural, educational, medical, and recreational facilities, as well as encourage economic development opportunities. C. Secure and improve certain public open space in critical areas. d. Initiate projects designed to increase affordable and workforce housing options and increased transportation and connectivity options. Without direct public intervention, much of the Project Area could conceivably remain unchanged and in a deteriorated and/or deteriorating condition for the next twenty(20)years. The Plan creates the necessary flexible framework for the Project Area to support the City's economic development while complying with the "specificity"requirement set forth in Idaho Code Section 50-2905. Land use in the Project Area will be modified to the extent that underutilized, underdeveloped, deteriorated, deteriorating and vacant land and land now devoted to uses inconsistent with the future land uses of the area will be converted to mixed-use, retail residential (including affordable and/or workforce housing) and commercial areas, cultural centers, food halls, transit oriented development, educational facilities, other public facilities and improvements, including but not limited to streets, streetscapes, water and sewer improvements, environmental and floodplain remediations/site preparation, public parking, community facilities, fagade improvements,parks,plazas and pedestrian/bike pathways. In implementing the activities described in this Plan, the Agency shall give due consideration to the provision of adequate open space, park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of residents in the general vicinity of the Project Area covered by the Plan. 303 Participation Opportunities and Agreements 303.1 Participation Agreements The Agency may enter into various development participation agreements with any existing or future owner of property in the Project Area, in the event the property owner seeks and/or receives assistance from the Agency in the development and/or redevelopment of the property. The terms "owner participation agreement," "participation agreement," or "development agreement" are intended to include all participation agreements with a property owner, including reimbursement agreements, grant agreements or other forms of participation agreements. In that event, the Agency may allow for an existing or future owner of property to remove the property and/or structure from future Agency acquisition subject to entering into an owner participation agreement. The Agency may also enter into owner participation agreements 14 Page 248 Item#12. with other future owners and developers within the Project Area throughout the duration of the Plan in order to implement the infrastructure improvements set forth in this Plan. Each structure and building in the Project Area to be rehabilitated or to be constructed as a condition of the owner participation agreement between the Agency and the owner pursuant to this Plan will be considered to be satisfactorily rehabilitated and constructed pursuant to the requirements of the Law and Act, and the Agency will so certify, if the rehabilitated or new structure meets the standards set forth in an executed owner participation agreement and complies with the applicable provisions of this Plan, local codes and ordinances and the Idaho Code. Additional conditions described below: • Any such property within the Project Area shall be required to conform to applicable provisions, requirements, and regulations of this Plan. The owner participation agreement may require as a condition of financial participation by the Agency a commitment by the property owner to meet the greater objectives of the land use elements identified in the Comprehensive Plan, Destination: Downtown and applicable zoning ordinances and other requirements deemed appropriate and necessary by the Agency. Upon completion of any rehabilitation each structure must be safe and sound in all physical respects and be refurbished and altered to bring the property to an upgraded marketable condition that will continue throughout an estimated useful life for a minimum of twenty (20) years. • All such buildings or portions of buildings which are to remain within the Project Area shall be rehabilitated or constructed in conformity with all applicable codes and ordinances of the City. • Any new construction shall also conform to all applicable provisions, requirements, and regulations of this Plan, as well as all applicable codes and ordinances of the City. All owner participation agreements will address development timing,justification and eligibility of project costs, and achievement of the objectives of the Plan. The Agency shall retain its discretion in the funding level of its participation. Obligations under owner participation agreements shall terminate no later than the termination date of this Plan, December 31, 2041. The Agency shall retain its discretion to negotiate an earlier date to accomplish all obligations under the owner participation agreement. In all owner participation agreements,participants who retain real property shall be required to join in the recordation of such documents as may be necessary to make the provisions of this Plan applicable to their properties. Whether or not a participant enters into an owner participation agreement with the Agency, the provisions of this Plan are applicable to all public and private property in the Project Area. In the event a participant under an owner participation agreement fails or refuses to rehabilitate, develop,use, and maintain its real property pursuant to this Plan and an owner 15 Page 249 Item#12. participation agreement, the real property or any interest therein may be acquired by the Agency in accordance with Section 305.1 of this Plan and sold or leased for rehabilitation or development in accordance with this Plan. Owner participation agreements may be used to implement the following objectives: a. Encouraging property owners to revitalize and/or remediate deteriorated areas or deteriorating areas of their parcels to accelerate development in the Project Area. b. Subject to the limitations of the Law and the Act, providing incentives to property owners to encourage utilization and expansion of existing permitted uses during the transition period to prevent a decline in the employment base and a proliferation of vacant and deteriorated parcels in the Project Area during the extended redevelopment of the Project Area. C. To accommodate improvements and expansions allowed by City regulations and generally consistent with this Plan for the Project Area. d. Subject to the limitations of the Law and Act,providing incentives to improve nonconforming properties so they implement the design guidelines contained in this Plan to the extent possible and to encourage an orderly transition from nonconforming to conforming uses through the term of the Plan. e. Provide for advance funding by the developer/owner participant of those certain public improvements related to or needed for the private development and related to the construction of certain public improvements. In that event, the Agency will agree as set out in the participation agreement to reimburse a portion of, or all of, the costs of public improvements identified in the participation agreement from the revenue allocation generated by the private development. Though no specific advance funding by a developer/owner participant is shown in the cash analysis attachments, this Plan specifically allows for such an advance. 304 Cooperation with Public Bodies Certain public bodies are authorized by state law to aid and cooperate, with or without consideration, in the planning,undertaking, construction, or operation of this Project. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency will seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. All plans for development of property in the Project Area by a public body shall be subject to Agency approval, in the event the Agency is providing any financial assistance. 16 Page 250 Item#12. Subject to applicable authority, the Agency may impose on all public bodies the planning and design controls contained in this Plan to ensure that present uses and any future development by public bodies will conform to the requirements of this Plan; provided, however, the Ada County Highway District has exclusive jurisdiction over Ada County Highway District streets. The Agency is authorized to financially(and otherwise) assist any public entity in the cost of public land, buildings, facilities, structures, or other improvements of the Project Area as allowed by the Law and Act. The Agency intends to cooperate to the extent allowable with the City and the Ada County Highway District (or the Idaho Transportation Department), as the case may be, for the engineering, design, installation, construction, and/or reconstruction of public infrastructure improvements, including, but not limited to those improvements set forth in Section 301 and in Attachment 5. The Agency shall also cooperate with the City and the Ada County Highway District(or the Idaho Transportation Department) on various relocation, screening, or undergrounding projects and the providing of fiber optic capability. To the extent any public entity, including the City and/or the Ada County Highway District, has funded certain improvements, the Agency may reimburse those entities for those expenses. The Agency also intends to cooperate and seek available assistance from state, federal and other sources for economic development. In the event the Agency is participating in the public development by way of financial incentive or otherwise, the public body shall enter into a participation agreement with the Agency and then shall be bound by the Plan and other land use elements and shall conform to those standards specified in Section 303.1 of this Plan. This Plan does not financially bind or obligate the City, Agency and/or any other public entity to any project or property acquisition; rather, for purposes of determining the economic feasibility of the Plan certain projects and expenditures have been estimated and included in the analysis. Agency revenue and the ability to fund reimbursement of eligible Project Costs is more specifically detailed in any participation agreement and in the annual budget adopted by the Agency Board. 305 Property Acquisition 305.1 Real Property Only as specifically authorized herein, the Agency may acquire, through the voluntary measures described below, but is not required to acquire, any real property located in the Project Area where it is determined that the property is needed for construction of public improvements, required to eliminate or mitigate the deteriorated or deteriorating conditions, to facilitate economic development, including acquisition of real property intended for disposition to qualified developers through a competitive process, and as otherwise allowed by law. The acquisition shall be by any means authorized by law, including,but not limited to, the Law, the Act, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 17 Page 251 Item#12. as amended, but shall not include the right to invoke eminent domain authority except as authorized by Idaho law and provided herein. The Agency is authorized to acquire either the entire fee or any other interest in real property less than a fee, including structures and fixtures upon the real property, without acquiring the land upon which those structures and fixtures are located. The Agency intends to acquire any real property through voluntary or consensual gift, devise, exchange, or purchase. Such acquisition of property may be for the development of the public improvements identified in this Plan. Acquisition of property may be for the assembly of properties for redevelopment to achieve Plan goals including public benefits such as affordable and/or workforce housing. Such properties may include properties owned by private parties or public entities. This Plan anticipates the Agency's use of its resources for property acquisition. In the event the Agency identifies certain property which should be acquired to develop certain public improvements intended to be constructed under the provisions of this Plan, the Agency shall coordinate such property acquisition with any other public entity(e.g.,without limitation, the City, the state of Idaho, or any of its authorized agencies), including the assistance of Agency funds to acquire said property either through a voluntary acquisition or the public entity's invoking of its eminent domain authority as limited by Idaho Code Section 7-701A. The Agency is authorized by this Plan to acquire the properties for the uses identified in Attachment 3 hereto, including but not limited to property to be acquired for the extension or expansion of certain rights-of-way. The Agency is authorized by this Plan and Idaho Code Sections 50-2010 and 50- 2018(12)to acquire the properties identified in Attachment 3 hereto for the purposes set forth in this Plan. The Agency has identified its intent to acquire and/or participate in the development of certain public improvements, including, but not limited to those identified in Section 301 of the Plan and/or Attachment 5 hereto. Further, the Agency intends to acquire real property to facilitate commercial and/or economic development projects and/or high-density residential development by assembling and disposing of developable parcels. The Agency's property acquisition will result in remediating deteriorating conditions in the Project Area by facilitating the development of mixed-use, residential (including affordable and/or workforce housing), commercial and retail areas. The public improvements are intended to be dedicated to the City and/or other appropriate public entity, as the case may be, upon completion. The Agency reserves the right to determine which properties identified, if any, should be acquired. The open land areas qualify for Agency acquisition as further set forth in Section 105 of this Plan. It is in the public interest and may be necessary, in order to eliminate the conditions requiring redevelopment and in order to execute this Plan, for the power of eminent domain to be employed by the Agency, or by the City with the Agency acting in an advisory capacity 3, to acquire real property in the Project Area for the public improvements identified in this Plan, which cannot be acquired by gift, devise, exchange,purchase, or any other lawful method. s House Bill 1044,adopted by the Idaho Legislature during the 2021 Legislative Session,limited the Agency's ability to exercise eminent domain. 18 Page 252 Item#12. Under the provisions of the Act, the urban renewal plan"shall be sufficiently complete to indicate such land acquisition, demolition, and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area." Idaho Code Section 50-2018(12). The Agency has generally described those properties by use as set out in Attachment 3 for acquisition for the construction of public improvements. The Agency may also acquire property for the purpose of developing streetscape and public utilities, as well as to pursue disposition to third parties pursuant to a competitive process as set forth in Section 309. The Agency reserves the right to determine which properties, if any, should be acquired. 305.2 Personal Property Generally,personal property shall not be acquired. However, where necessary in the execution of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means, including eminent domain as limited by Idaho Code Section 7-701A for the purpose of developing the public improvements described in Section 305.1. 306 Property Management During the time real property, if any, in the Project Area is owned by the Agency, such property shall be under the management and control of the Agency. Such property may be rented or leased by the Agency pending its disposition for development and/or redevelopment, and such rental or lease shall be pursuant to such policies as the Agency may adopt. 307 Relocation of Persons (Including Individuals and Families),Business Concerns, and Others Displaced by the Project If the Agency receives federal funds for real estate acquisition and relocation, the Agency shall comply with 24 C.F.R. Part 42, implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The Agency reserves the right to extend benefits for relocation to those not otherwise entitled to relocation benefits as a matter of state law under the Act or the Law. The Agency may determine to use as a reference the relocation benefits and guidelines promulgated by the federal government, the state government, or local government, including the State Department of Transportation and the Ada County Highway District. The intent of this section is to allow the Agency sufficient flexibility to award relocation benefits on some rational basis, or by payment of some lump-sum per case basis. The Agency may also consider the analysis of replacement value for the compensation awarded to either owner occupants or businesses displaced by the Agency to achieve the objectives of this Plan. The Agency may adopt relocation guidelines which would define the extent of relocation assistance in non-federally assisted projects and which relocation assistance to the greatest extent feasible would be uniform. The Agency shall also coordinate with the various local, state, or federal agencies concerning relocation assistance as may be warranted. 19 Page 253 Item#12. In the event the Agency's activities result in displacement of families, the Agency shall comply with, at a minimum, the standards set forth in the Law. The Agency shall also comply with all applicable state laws concerning relocation benefits and shall also coordinate with the various local, state, or federal agencies concerning relocation assistance. 308 Demolition, Clearance and Site Preparation The Agency is authorized(but not required)to demolish and clear buildings, structures, and other improvements from any real property in the Project Area as necessary to carry out the purposes of this Plan. Further, the Agency is authorized (but not required) to prepare, or cause to be prepared, as building sites any real property in the Project Area owned by the Agency including site preparation and/or environmental remediation. In connection therewith, the Agency may cause, provide for, or undertake the installation or construction of streets, utilities, parks,pedestrian walkways, public parking facilities, drainage facilities, and other public improvements necessary to carry out this Plan. 309 Property Disposition and Development 309.1 Disposition by the Agency For the purposes of this Plan, the Agency is authorized to sell, lease, lease/purchase, exchange, subdivide, transfer, assign,pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property under the reuse provisions set forth in Idaho law, including Idaho Code Section 50-2011 and pursuant to any disposition policies adopted by the Agency. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated lease, sale, or transfer without public bidding. Real property acquired by the Agency may be conveyed by the Agency and, where beneficial to the Project Area, without charge to any public body as allowed by law. All real property acquired by the Agency in the Project Area shall be sold or leased to public or private persons or entities for development for the uses permitted in this Plan. Air rights and subterranean rights may be disposed of for any permitted use within the Project Area boundaries. 309.2 Disposition and Development Agreements To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of deteriorating conditions, all real property sold, leased, or conveyed by the Agency is subject to the provisions of this Plan. The Agency shall reserve such powers and controls in the disposition and development documents as the Agency deems may be necessary to prevent transfer, retention, or use of 20 Page 254 Item#12. property for speculative purposes and to ensure that development is carried out pursuant to this Plan. Leases, lease/purchases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. Where appropriate, as determined by the Agency, such documents, or portions thereof, shall be recorded in the office of the Recorder of Ada County, Idaho. All property in the Project Area is hereby subject to the restriction that there shall be no discrimination or segregation based upon race, color, creed, religion, sex, age, national origin, or ancestry in the sale, lease, sublease, transfer,use, occupancy, disability/handicap, tenure, or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to a disposition and development agreement shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in the Project Area shall contain such nondiscrimination and nonsegregation clauses as required by law. As required by law or as determined in the Agency's discretion to be in the best interest of the Agency and the public, the following requirements and obligations shall be included in the disposition and development agreement. That the developers, their successors, and assigns agree: a. That a detailed scope and schedule for the proposed development shall be submitted to and agreed upon by the Agency. b. That the purchase or lease of the land and/or subterranean rights and/or air rights is for the purpose of redevelopment and not for speculation. C. That the building of improvements will be commenced and completed as jointly scheduled and determined by the Agency and the developer(s). d. That the site and construction plans will be submitted to the Agency for review as to conformity with the provisions and purposes of this Plan. e. All new construction shall have a minimum estimated life of no less than twenty (20)years. f. That rehabilitation of any existing structure must assure that the structure is safe and sound in all physical respects and be refurbished and altered to bring the property to an upgraded marketable condition which will continue throughout an estimated useful life for a minimum of twenty(20)years. 21 Page 255 Item#12. g. That the Agency receives adequate assurance acceptable to the Agency to ensure performance under the contract for sale. h. All such buildings or portions of the buildings which are to remain within the Project Area shall be reconstructed in conformity with all applicable codes and ordinances of the City. i. All disposition and development documents shall be governed by the provisions of Section 410 of this Plan. j. All other requirements and obligations as may be set forth in any participation policy established and/or amended by the Agency. The Agency also reserves the right to determine the extent of its participation based upon the achievements of the objectives of this Plan. Obligations under any disposition and development agreement and deed covenants, except for covenants which run with the land beyond the termination date of this Plan, shall terminate no later than December 31, 2041. The Agency shall retain its discretion to negotiate an earlier date to accomplish all obligations under any disposition and development agreement. 309.3 Development by the Agency To the extent now or hereafter permitted by law, the Agency is authorized to pay for, develop, or construct public improvements within the Project Area for itself or for any public body or entity, which public improvements are or would be of benefit to the Project Area. Specifically, the Agency may pay for, install, or construct the public improvements authorized under Idaho Code Sections 50-2007, 50-2018(10) and(13), and 50-2903(9), (13), and(14), and as otherwise identified in Attachment 5, attached hereto, and incorporated herein by reference, and this Plan, and may acquire or pay for the land required, therefore. Any public facility ultimately owned by the Agency shall be operated and managed in such a manner to preserve the public purpose nature of the facility. Any lease agreement with a private entity or management contract agreement shall include all necessary provisions sufficient to protect the public interest and public purpose. The Agency may enter into contracts, leases, and agreements with the City, the Ada County Highway District or other public body or private entity pursuant to this section, and the obligation of the Agency under such contract, lease, or agreement shall constitute an indebtedness of the Agency as described in Idaho Code Section 50-2909 which may be made payable out of the taxes levied in the Project Area and allocated to the Agency under Idaho Code Section 50-2908(2)(b) and Section 500 of this Plan or out of any other available funds. 22 Page 256 Item#12. 310 Development Plans All development plans (whether public or private)prepared pursuant to disposition and development agreements or participation agreements shall be submitted to the Agency Board for approval and architectural review. All development in the Project Area must conform to those standards specified in Section 410. Additionally, development must be consistent with all City ordinances. 311 Personal Property Disposition For purposes of this Plan, the Agency is authorized to lease, sell, exchange, transfer, assign,pledge, encumber, or otherwise dispose of personal property which is acquired by the Agency. 312 [Reserved] 313 Participation with Others Under the Law, the Agency has the authority to lend or invest funds obtained from the federal government for the purposes of the Law if allowable under federal laws or regulations. The federal funds that may be available to the Agency are governed by regulations promulgated by the Department of Housing and Urban Development for the Community Development Block Grant Program("CDBG"), the Economic Development Administration, the Small Business Administration, or other federal agencies. In order to enhance such grants, the Agency's use of revenue allocation funds is critical. Under those regulations the Agency may participate with the private sector in the development and financing of those private projects that will attain certain federal objectives including the creation or redevelopment of affordable and/or workforce housing or transit improvements. The Agency may, therefore, use the federal funds for the provision of assistance to private for-profit business, including, but not limited to, grants, loans, loan guarantees, interest supplements, technical assistance, and other forms to support, for any other activity necessary or appropriate to carry out an economic development project. As allowed by law, the Agency may also use funds from any other sources or participate with the private or public sector with regard to any programs administered by the Idaho Department of Commerce, or other State or federal agencies, for any purpose set forth under the Law or Act. The Agency may enter into contracts, leases, and agreements with the City, ACHD, or other public body or private entity, pursuant to this section, and the obligation of the Agency under such contract, lease, or agreement shall constitute an indebtedness of the Agency as described in Idaho Code Section 50-2909 which may be made payable out of the taxes levied in 23 Page 257 Item#12. the Project Area and allocated to the Agency under Idaho Code Section 50-2908(2)(b) and Section 500 of this Plan or out of any other available funds. 314 Conforming Owners The Agency may, at the Agency's sole and absolute discretion, determine that certain real property within the Project Area presently meets the requirements of this Plan, and the owner of such property will be permitted to remain as a conforming owner without an owner participation agreement with the Agency, provided such owner continues to operate, use, and maintain the real property within the requirements of this Plan. 315 Arts and Cultural Funding The Agency may dedicate resources for the construction or purchase of facilities for the placement and maintenance of public art and arts projects may be selected and provided by the Agency, separately from any construction costs of developers. Though not required, the Agency Board generally makes selections of the works of art with assistance from the City and the Meridian Arts Commission and may include review and approval of the City Council. When possible, any Agency arts funding will be used to leverage additional contributions from developers, other private sources, and public or quasi-public entities for purposes of including public art within the streetscape projects identified in this Plan. 400 USES PERMITTED IN THE PROJECT AREA 401 Designated Land Uses The Agency intends to rely upon the overall land use designations and zoning classifications of the City, as may be amended, and as depicted on Attachment 4 and as set forth in the City's Comprehensive Plan and within the Meridian zoning ordinance and requirements, including the future land use map and zoning classifications, as may be amended. For the most part, the Project Area includes a mix of uses including mixed-use residential (mixed density and income), commercial, retail and office development, as well as public open spaces, and public structured parking and/or surface lots. Such improvements are consistent with the current zoning designations. Provided, however, nothing herein within this Plan shall be deemed to be granting any particular right to zoning classification or use. 402 [Reserved] 403 Public Rights-of-Way The Project Area contains existing maintained public rights-of-way included within the boundaries, as set forth on Attachments 1. Any new roadways, including new collectors and/or local roads to be engineered, designed, installed, and constructed in the Project Area,will be constructed in conjunction with any applicable policies and design standards of the City or Ada 24 Page 258 Item#12. County Highway District (and State and Federal standards, as the case may be)regarding dedicated rights-of-way. Additional public streets, alleys, and easements may be created in the Project Area as needed for proper development, and other potential roadways generally described in this Plan and in Attachment 5. Additional improvements to existing streets, alleys and easements may be created, improved, or extended in the Project Area as needed for development. Existing dirt roadways, streets, easements, and irrigation or drainage laterals or ditches may be abandoned, closed, or modified as necessary for proper development of the Project Area, in accordance with any applicable policies and standards of the Idaho Transportation Department, the City or Ada County Highway District regarding changes to dedicated rights-of-way, and appropriate irrigation or drainage districts regarding changes to laterals or ditches. Any development, maintenance and future changes in the existing interior or exterior street layout shall be in accordance with the objectives of this Plan and the standards of the City, the Ada County Highway District, or the Idaho Department of Transportation as may be applicable; shall be effectuated in the manner prescribed by State and local law; and shall be guided by the following criteria: a. A balancing of the needs of proposed and potential new developments for adequate pedestrian and vehicular access (including cars, trucks, bicycles, etc.), vehicular parking, and delivery loading docks with the similar needs of any existing developments permitted to remain. Such balancing shall take into consideration the rights of existing owners and tenants under the rules for owner and tenant participation adopted by the Agency for the Project and any participation agreements executed thereunder; b. The requirements imposed by such factors as topography, traffic safety, and aesthetics; and C. The potential need to serve not only the Project Area and new or existing developments, but to also serve areas outside the Project Area by providing convenient and efficient vehicular access and movement. The public rights-of-way may be used for vehicular and/or pedestrian traffic, as well as for public improvements, public and private utilities, and activities typically found in public rights-of-way. 404 Other Public, Semi-Public,Institutional, and Nonprofit Uses The Agency is also authorized to permit the maintenance, establishment, or enlargement of public, semi-public, institutional, or nonprofit uses, including park and recreational facilities; educational, fraternal, and employee facilities; philanthropic and charitable institutions; utilities; governmental facilities; railroad rights-of-way and equipment; and facilities of other similar associations or organizations. All such uses shall, to the extent possible, conform to the 25 Page 259 Item#12. provisions of this Plan applicable to the uses in the specific area involved. The Agency may impose such other reasonable requirements and/or restrictions as may be necessary to protect the development and use of the Project Area. 405 Interim Uses Pending the ultimate development of land by developers and participants, the Agency is authorized to use or permit the use of any land in the Project Area for interim uses that are not in conformity with the uses permitted in this Plan. However, any interim use must comply with applicable City Code or Ada County Code. 406 Development in the Project Area Subject to the Plan All real property in the Project Area,under the provisions of either a disposition and development agreement or participation agreement, is made subject to the controls and requirements of this Plan. No such real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan, except in conformance with the provisions of this Plan. 407 Construction Shall Comply with Applicable Federal, State, and Local Laws and Ordinances and Agency Development Standards All construction in the Project Area shall comply with all applicable state laws, the Meridian City Code, as may be amended from time to time, and any applicable City Council ordinances pending codification, including but not limited to, regulations concerning the type, size, density and height of buildings; open space, landscaping, light, air, and privacy; the undergrounding of utilities; limitation or prohibition of development that is incompatible with the surrounding area by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors; parcel subdivision; off-street loading and off-street parking requirements. In addition to applicable codes, ordinances, or other requirements governing development in the Project Area, additional specific performance and development standards may be adopted by the Agency to control and direct redevelopment activities in the Project Area in the event of a disposition and development agreement or participation agreement. 408 Minor Variations Under exceptional circumstances, the Agency is authorized to allow a variation from the limits, restrictions, and controls established by this Plan. In order to allow such variation, the Agency must determine that: a. The application of certain provisions of this Plan would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Plan; 26 Page 260 Item#12. b. There are exceptional circumstances or conditions applicable to the property or to the intended development of the property which do not apply generally to other properties having the same standards, restrictions, and controls; C. Allowing a variation will not be materially detrimental to the public welfare or injurious to property or improvements in the area; and d. Allowing a variation will not be contrary to the objectives of this Plan. No variation shall be granted which changes a basic land use or which permits other than a minor departure from the provisions of this Plan. In allowing any such variation, the Agency shall impose such conditions as are necessary to protect the public peace, health, safety, or welfare and to assure compliance with the purposes of the Plan. Any variation allowed by the Agency hereunder shall not supersede any other approval required under City codes and ordinances and shall not be considered a modification to the Plan. 409 Nonconforming Uses This Section applies to property owners seeking assistance from the Agency regarding their property. The Agency may permit an existing use to remain in an existing building and site usage in good condition, which use does not conform to the provisions of this Plan,provided that such use is generally compatible with existing and proposed developments and uses in the Project Area. The owner of such a property must be willing to enter into a participation agreement and agree to the imposition of such reasonable restrictions as may be necessary to protect the development and use within the Project Area. The Agency may authorize additions, alterations, repairs, or other improvements in the Project Area for uses which do not conform to the provisions of this Plan where such improvements are within a portion of the Project Area where, in the determination of the Agency, such improvements would be compatible with surrounding Project uses and development. All nonconforming uses shall also comply with the City codes and ordinances. 27 Page 261 Item#12. 410 Design Guidelines for Development under a Disposition and Development Agreement or Owner Participation Agreement Within the limits, restrictions, and controls established in this Plan, the Agency is authorized to establish heights of buildings, density, land coverage, setback requirements, design criteria, traffic circulation, traffic access, and other development and design controls necessary for proper development of both private and public areas within the Project Area. Any development must also comply with the City's zoning ordinance regarding heights, setbacks, density, and other like standards. In the case of property which is the subject of a disposition and development agreement or owner participation agreement with the Agency, no new improvement shall be constructed, and no existing improvement shall be substantially modified, altered, repaired, or rehabilitated, except in accordance with this Plan. Under a disposition and development agreement or owner participation agreement, the design guidelines and land use elements of the Plan shall be achieved to the greatest extent feasible, though the Agency retains the authority to grant minor variations under this Plan and subject to a negotiated agreement between the Agency and the developer or property owner. Under those agreements, the architectural, landscape, and site plans shall be submitted to the Agency and approved in writing by the Agency. In such agreements, the Agency may impose additional design controls. One of the objectives of this Plan is to create an attractive pedestrian environment in the Project Area. Therefore, such plans shall give consideration to good design and amenities to enhance the aesthetic quality of the Project Area. The Agency shall find that any approved plans do comply with this Plan. The Agency reserves the right to impose such design standards on an ad hoc basis through the approval process of the disposition and development agreement or owner participation agreement. Any change to such approved design must be consented to by the Agency and such consent may be conditioned upon reduction of Agency's financial participation towards the Project. In the event the Agency adopts design standards or controls, those provisions will thereafter apply to each site or portion thereof in the Project Area. These additional design standards or controls will be implemented through the provisions of any disposition and development agreement or owner participation agreement. These controls are in addition to any standards and provisions of any applicable City building or zoning ordinances; provided, however, each and every development shall comply with all applicable City zoning and building ordinances. 500 METHODS OF FINANCING THE PROJECT 501 General Description of the Proposed Financing Method The Agency is authorized to finance this Project with revenue allocation funds, financial assistance from the City(loans, grants, other financial assistance), the state of Idaho, the federal government or other public entities, interest income, developer advanced funds, donations, loans 28 Page 262 Item#12. from private financial institutions (bonds, notes, line of credit), the lease or sale of Agency- owned property,public parking revenue, or any other available source,public or private, including assistance from any taxing district or any public entity. The Agency is also authorized to obtain advances, lines of credit, borrow funds, and create indebtedness in carrying out this Plan. The Agency may also consider an inter-fund transfer from other urban renewal project areas. The principal and interest on such advances, funds, and indebtedness may be paid from any funds available to the Agency. The City, as it is able, may also supply additional assistance through City loans and grants for various public improvements and facilities. The City, or any other public agency, as properly budgeted, may expend money to assist the Agency in carrying out this Project. As allowed by law and subject to restrictions as are imposed by law, the Agency is authorized to issue notes or bonds from time to time, if it deems appropriate to do so, in order to finance all or any part of the Project. Neither the members of the Agency nor any persons executing the bonds are liable personally on the bonds by reason of their issuance. 502 Revenue Allocation Financing Provisions The Agency hereby adopts revenue allocation financing provisions as authorized by the Act, effective retroactively to January 1, 2021. These revenue allocation provisions shall apply to all taxing districts which are located in or overlap the Revenue Allocation Area shown and described on Attachments 1 and 2 to this Plan. The Agency shall take all actions necessary or convenient to implement these revenue allocation financing provisions. The Agency specifically finds that the equalized assessed valuation of property within the Revenue Allocation Area is likely to increase as a result of the initiation of the Project. The Agency, acting by one or more resolutions adopted by its Board, is hereby authorized to apply all or any portion of the revenues allocated to the Agency pursuant to the Act to pay as costs are incurred(pay-as-you-go) or to pledge all or any portion of such revenues to the repayment of any moneys advance-funded by developers or property owners,borrowed, indebtedness incurred, or notes or bonds issued by the Agency to finance or to refinance the Project Costs (as defined in Idaho Code Section 50-2903(14)) of one or more urban renewal projects. The Agency may consider a note or line of credit issued by a bank or lending institution premised upon revenue allocation funds generated by a substantial private development contemplated by the Study, as defined in Section 502.1,which would allow the Agency to more quickly fund the public improvements contemplated by this Plan. Likewise, a developer/owner advanced funding of certain eligible public infrastructure improvements to be reimbursed pursuant to an owner participation agreement could achieve the same purpose. Upon enactment of a City Council ordinance finally adopting these revenue allocation financing provisions and defining the Revenue Allocation Area described herein as part of the Plan, there shall hereby be created a special fund of the Agency into which the County Treasurer 29 Page 263 Item#12. shall deposit allocated revenues as provided in Idaho Code Section 50-2908. The Agency shall use such funds solely in accordance with Idaho Code Section 50-2909 and solely for the purpose of providing funds to pay the Project Costs, including any incidental costs, of such urban renewal projects as the Agency may determine by resolution or resolutions of its Board. A statement listing proposed public improvements and facilities, a schedule of improvements, an economic feasibility study, estimated project costs, fiscal impact upon other taxing districts, and methods of financing project costs required by Idaho Code Section 50-2905 is included in this Plan and in Attachment 5 to this Plan. This statement necessarily incorporates estimates and projections based on the Agency's and consultants' present knowledge and expectations. The Agency is hereby authorized to adjust the presently anticipated urban renewal projects and use of revenue allocation financing of the related Project Costs to effectuate the general objectives of the Plan in order to account for revenue inconsistencies, market adjustments, future priorities, developers/owners seeking Agency assistance pursuant to an owner participation agreement, and unknown future costs. Agency revenue and the ability to fund reimbursement of eligible Project Costs is more specifically detailed in the annual budget. The Agency may appropriate funds consisting of revenue allocation proceeds on an annual basis without the issuance of notes or bonds. The Agency may also obtain advances or loans from the City or Agency, or private entity and financial institutions in order to immediately commence construction of certain of the public improvements. Developer advanced funding of public improvements could also achieve the same purpose. The revenue allocation proceeds are hereby irrevocably pledged for the payment of the principal and interest on the advance of monies or making of loans or the incurring of any indebtedness such as bonds, notes, and other obligations (whether funded, refunded, assumed, or otherwise)by the Agency to finance or refinance the Project in whole or in part, including reimbursement to developers for the cost of eligible public improvements. Revenues will continue to be allocated to the Agency until termination of the revenue allocation area as set forth in Section 800. Attachment 5 incorporates estimates and projections based on the Agency's and its consultants' present knowledge and expectations concerning the length of time to complete the improvements and estimated future revenues. The activity may take longer depending on the significance and timeliness of development. Alternatively, the activity may be completed earlier if revenue allocation proceeds are greater, or the Agency obtains additional funds from another source. The revenue allocation proceeds are hereby irrevocably pledged for the payment of the principal and interest on the advance of monies or making of loans or the incurring of any indebtedness such as bonds, notes, and other obligations (whether funded, refunded, assumed, or otherwise)by the Agency to finance or refinance the Project in whole or in part, including reimbursement to any owner/developer for the cost of eligible public improvements pursuant to an owner participation agreement. The Agency is authorized to make such pledges as to specific advances, loans, and indebtedness as appropriate in carrying out the Project. 30 Page 264 Item#12. The Agency reserves the right to either pay for Project Costs from available revenue (pay-as-you-go basis) or borrow funds by incurring debt through notes or other obligations. Revenue allocation proceeds are deemed to be only a part of the proposed funding sources for the payment of public improvements and other project improvements. Additionally, project funding is proposed to be phased for the improvements, allowing various sources of funds to be accumulated for use. 502.1 Economic Feasibility Study Attachment 5 constitutes the Economic Feasibility Study(the "Study"), prepared by Kushlan I Associates. The Study constitutes the financial analysis required by the Act and is based upon existing information from property owners, developers, the Agency, the City, and others. 502.2 Assumptions and Conditions/Economic Feasibility Statement The information contained in Attachment 5 assumes certain completed and projected actions. All debt is projected to be repaid no later than the duration period of the Plan. The total amount of bonded indebtedness (and all other loans or indebtedness), developer reimbursement and the amount of revenue generated by revenue allocation are dependent upon the extent and timing of private development. Should all of the proposed development take place as projected, the project indebtedness could be extinguished earlier, dependent upon the bond sale documents or other legal obligations. Should private development take longer to materialize, or should the private development be substantially less than projected, then the amount of revenue generated will be substantially reduced and debt may continue for its full term. The Plan and the Plan Attachments incorporate estimates and projections based on the Agency's and consultants' present knowledge and expectations. The Plan proposes certain public improvements as set forth in this Plan and in Attachment 5, which will facilitate mixed- use commercial, residential, office and retail development in the Revenue Allocation Area. The assumptions set forth in the Study are based upon the best information available to the Agency and its consultants through public sources or discussions with property owners, developers, the City, and others. The information has been analyzed by the Agency and its consultants in order to provide an analysis that meets the requirements set forth under the Law and Act. At the point in time when the Agency may seek a loan from lenders or others, a more detailed and then-current financial pro forma will be presented to those lenders or underwriters for analysis to determine the borrowing capacity of the Agency. As set forth herein, the Agency reserves the right to fund the Project on a"pay-as-you-go"basis. The Agency Board will prioritize the activities set forth in this Plan and determine what funds are available and what activities can be funded. The Agency will establish those priorities through its mandated annual budgetary process. 31 Page 265 Item#12. The list of public improvements, or activities within Attachment 5 are prioritized by way of feasibility based on estimated revenues to be received, amounts funded, and by year of funding. The projected timing of funding is primarily a function of the availability of financial resources and market conditions but is also strategic, considering the timing of anticipated or projected private development partnership opportunities and the ability of certain strategic activities to stimulate development at a given point in time within the duration of the Plan and Project Area. The assumptions concerning revenue allocation proceeds are based upon certain anticipated or projected new developments, assessed value increases, and assumed tax levy rates as more specifically set forth in Attachment 5. Further, the financial analysis set forth in Attachment 5 has taken into account and excluded levies that do not flow to the Agency consistent with Idaho Code § 50-2908. In projecting new construction, the Study considered parcels identified as expected to develop over the life of the Project Area, communications with potential developers and City staff, and historical market absorption rates for commercial, office, retail, and residential improvements. The types of new construction expected in the Project Area are mixed-use residential (including affordable and workforce housing), commercial, office and retail projects, and related public improvements, including streetscapes, installation and/or improvements to public open spaces and plazas. The Project Area has potential for a significant increase in mixed-use, high- density residential, commercial, office and retail growth due to the location of the Project Area. However, without a method to construct the identified public improvements such as main water and sewer lines, street infrastructure, and pedestrian amenities, development is unlikely to occur in much of the Project Area. It is understood that application of certain exemptions, including the homeowner's exemption and Idaho Code Section 63-602K, which provides for personal property tax exemption to businesses may have the effect of reducing the increment value,which in turn reduces revenue. 502.3 Ten Percent Limitation Under the Act, the base assessed valuation for all revenue allocation areas cannot exceed gross/net ten percent(10%) of the current assessed taxable value for the entire City. According to the Ada County Assessor, the assessed taxable value for the City as of January 1, 2020,4 less homeowners' exemptions, is $10,375,837,804. Therefore,the 10% limit is $1,037,583,780. a Due to the timing of the assessment process and creation of this Plan,the 2020 certified values have been used to establish compliance with the 10%limitation.Using the 2020 values,the total adjusted base value of the existing and proposed revenue allocation areas combined with the value of this Project Area are less than 2.62%of the total taxable value of the City. Even assuming an increase in values for 2021,the combined adjusted base values of the revenue allocation areas would not exceed 10%of the current assessed taxable value for the entire City. 32 Page 266 Item#12. The adjusted base assessed value of each of the existing revenue allocation areas as of January 1, 2020, is as follows: Downtown Districts $146,334,050 Ten Mile District $39,539,125 Union District $2,144,360 Proposed Northern Gateway District $68,832,974 Proposed Linder District6 $11,978,500 Proposed Union District Addition $3,414,100 The adjusted base values for the combined existing and proposed revenue allocation areas and the estimated base value for the proposed Project Area, less homeowners' exemptions, is $272,243,109, which is less than 10% of the City's 2020 taxable value. 502.4 Financial Limitation The Study identifies a number of capital improvement projects. Use of any particular funding source for any particular purpose is not assured or identified. Use of the funding source shall be conditioned on any limitations set forth in the Law, the Act, by contract, or by other federal regulations. If revenue allocation funds are unavailable, then the Agency will need to use a different funding source for that improvement. The amount of funds available to the Agency from revenue allocation financing is directly related to the assessed value of new improvements within the Revenue Allocation Area. Under the Act, the Agency is allowed the revenue allocation generated from inflationary increases and new development value. Increases have been assumed based upon the projected value of new development as that development occurs along with possible land reassessment based on a construction start. The Study, with the various estimates and projections, constitutes an economic feasibility study. Costs and revenues are analyzed, and the analysis shows the need for public capital funds during the project. Multiple financing sources may be utilized including annual revenue allocations, developer contributions, city contributions, interfund loan, federal funding, grants, property disposition and other financing sources as permitted by law. This Study identifies the kind, number, and location of all proposed public works or improvements, a detailed list of estimated project costs, a description of the methods of financing illustrating project costs, and the time when related costs or monetary obligations are to be incurred. Based on these funding sources, the conclusion is that the Project is feasible. The Agency reserves the discretion and flexibility to use revenue allocation proceeds in excess of the amounts projected in the Study for the purpose of funding the additional identified 5 Less area deannexed by the First Amendment to the Meridian Revitalization Plan Urban Renewal Project,and the Second Amendment to the Meridian Revitalization Plan Urban Renewal Project. 6 May not be established until calendar year 2022. 7 See Idaho Code§ 50-2905. 33 Page 267 Item#12. projects and improvements. The projections in the Study are based on reasonable assumptions and existing market conditions. However, should the Project Area result in greater than anticipated revenues, the Agency specifically reserves the ability to fund the additional activities and projects identified in this Plan. Further, the Agency reserves the discretion and flexibility to use other sources of funds unrelated to revenue allocation to assist in the funding of the improvements and activities identified, including but not limited to disposition and development agreements and owner participation agreements. The Agency may also re-prioritize projects pursuant to market conditions,project timing, funding availability, and other considerations as more specifically detailed in the annual budget. The proposed timing for the public improvements may have to be adjusted depending upon the availability of some of the funds and the Agency's ability to finance any portion of the Project. Any adjustment to Project timing or funding is technical or ministerial in nature and shall not be considered a modification of the Plan pursuant to Idaho Code Section 50- 2903A. Attachment 5 lists those public improvements the Agency intends to construct or fund through the term of the Plan. The costs of improvements are estimates only as it is impossible to know with any certainty what the costs of improvements will be in future years. There is general recognition that construction costs fluctuate and are impacted by future unknowns, such as, the cost of materials and laborers. Final costs will be determined by way of construction contract public bidding or by an agreement between the developer/owner and Agency. The listing of public improvements does not commit the Agency, City, or other public entity, to any particular level of funding; rather, identification of the activity in the Plan allows the Agency to negotiate the terms of any reimbursement with the developer and/or the public entities. This Plan does not financially bind or obligate the Agency, City or other public entity to any project or property acquisition; rather, for purposes of determining the economic feasibility of the Plan certain projects and expenditures have been estimated and included in the analysis. The City has not committed to fund any public infrastructure improvements within the Project Area. Such decisions concerning capital improvement projects and/or other expenditures are made by the City annually pursuant to its budget and appropriations process. Agency revenue and the ability to fund reimbursement of eligible Project Costs is more specifically detailed in any participation agreement and in the annual budget adopted by the Agency Board. The proposed location and siting of the proposed public infrastructure and other improvement projects in the Project Area are generally described in Attachment 5 recognizing that the specific location of the projects will depend on the type and timing of development. The change in the location of the improvements shown in Attachment 5 does not constitute a modification to the Plan. The Agency reserves its discretion and flexibility in deciding which improvements are more critical for development or redevelopment, and the Agency intends to coordinate its public improvements with associated development by private developers/owners. Where applicable, the Agency also intends to coordinate its participation in the public improvements with the receipt of certain grants or loans which may require the Agency's participation in some combination with the grant and loan funding. 34 Page 268 Item#12. Generally, the Agency expects to develop those improvements identified in Attachment 5 first, in conjunction with private development within the Project Area generating the increment as identified in Attachment 5. The Plan has shown that the equalized valuation of the Revenue Allocation Area as defined in the Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Plan. 502.5 [Reserved] 502.6 Participation with Local Improvement Districts and/or Business Improvement Districts Under the Idaho Local Improvement District ("LID") Code, Chapter 17, Title 50, Idaho Code, the City has the authority to establish local improvement districts for various public facilities, including,but not limited to, streets, curbs, gutters, sidewalks, storm drains, landscaping, and other like facilities. To the extent allowed by the Law and the Act, the Agency reserves the authority,but not the obligation, to participate in the funding of local improvement district facilities. This participation may include either direct funding to reduce the overall cost of the LID or to participate as an assessed entity to finance the LID project. Similarly, to the extent allowed by the Law and the Act, the Agency reserves the authority, but not the obligation, to participate in the funding of the purposes specified under the Business Improvement Districts Code, Chapter 26, Title 50, Idaho Code. 502.7 Issuance of Debt and Debt Limitation Any debt incurred by the Agency as allowed by the Law and Act shall be secured by revenues identified in the debt resolution or revenue allocation funds as allowed by the Act. All such debt shall be repaid within the duration of this Plan, except as may be authorized by law. 502.8 Impact on Other Taxing Districts and Levy Rate An estimate of the overall impact of the revenue allocation project on each taxing district is shown in the Study through the new development projections set forth in Attachment 5. The assessed value for each property in a revenue allocation area consists of a base value and an increment value. The base value is the assessed value as of January 1 of the year in which a revenue allocation area is approved by a municipality, with periodic adjustments allowed by Idaho law. The increment value is the difference between the adjusted base assessed value and current assessed taxable value in any given year while the property is in a revenue allocation area. Under Idaho Code Section 63-802, taxing entities are constrained in establishing levy rates by the amount each budget of each taxing district can increase on an annual basis'. 8 House Bill 389 passed during the 2021 Legislative Session,effective in significant part as of January 1,2021, further limits a taxing entity's ability to increase the property tax portion of its budget. The Study has considered the impact of House Bill 389 on the Project's overall feasibility. 35 Page 269 Item#12. Taxing entities submit proposed budgets to the County Board of Commissioners, which budgets are required to comply with the limitations set forth in Idaho Code Section 63-802. Therefore, the impact of revenue allocation on the taxing entities is more of a product of the imposition of Idaho Code Section 63-802, then the effect of urban renewal. The County Board of Commissioners calculates the levy rate required to produce the proposed budget amount for each taxing entity using the assessed values which are subject to each taxing entity's levy rate. Assessed values in urban renewal districts which are subject to revenue allocation(incremental values) are not included in this calculation. The combined levy rate for the taxing entities is applied to the incremental property values in a revenue allocation area to determine the amount of property tax revenue which is allocated to an urban renewal agency. The property taxes generated by the base values in the urban renewal districts and by properties outside revenue allocation areas are distributed to the other taxing entities. Properties in revenue allocation areas are subject to the same levy rate as they would be outside a revenue allocation area. The difference is how the revenue is distributed. If the overall levy rate is less than assumed, the Agency will receive fewer funds from revenue allocation. In addition, without the Revenue Allocation Area and its ability to pay for public improvements and public facilities, fewer substantial improvements within the Revenue Allocation Area would be expected during the term of the Plan; hence, there would be lower increases in assessed valuation to be used by the other taxing entities. The Study's analysis is premised upon the fact the proposed development would not occur but for the ability to use revenue allocation funds to fund certain significant public infrastructure improvements. One result of new construction occurring outside the revenue allocation area(see Idaho Code §§ 63-802 and 63-301A) is the likely reduction of the levy rate as assessed values increase for property within each taxing entity's jurisdiction. From and after December 31, 2006, Idaho Code Section 63-301A prohibits taxing entities from including, as part of the new construction roll, the increased value related to new construction within a revenue allocation area until the revenue allocation authority is terminated. Any new construction within the Project Area is not available for inclusion by the taxing entities to increase their budgets. Upon termination of this Plan and Project Area or deannexation of area, the taxing entities will be able to include a percentage10 of the accumulated new construction roll value in setting the following year's budget and revenue pursuant to Idaho Code Sections 63-802 and 63-301A. As the 2021 certified levy rates are not determined until late September or October 2021, the 2020 certified levy rates have been used in the Study for purposes of the analysis.'' Further, it is anticipated that the parcel located in unincorporated Ada County will be annexed in prior to 9 House Bill 389 amended Idaho Code Sections 63-802 and 63-301A limiting the value placed on the new construction roll and available to a taxing district for a budget capacity increase. This could result in lower levy rates over time. 10 Pursuant to House Bill 389,80%of the total eligible increment value is added to the new construction roll. '1 Due to the timing of the taxing districts'budget and levy setting process,certification of the 2021 levy rates did not occur until this Plan had been prepared. In order to provide a basis to analyze the impact on the taxing entities, the 2020 levy rates are used. Use of the 2020 levy rates provides a more accurate base than estimating the 2021 levy rates. 36 Page 270 Item#12. City Council consideration of this Plan, and therefore, the affected taxing districts for the City have been identified. Those taxing districts and their 2020 certified levy rates are as follows:12 Taxing Districts: Lew Rates: The City of Meridian .002230856 The West Ada School District(School District No. 2) .000014472 Ada County .002149935 Emergency Medical District/Ada County Ambulance .000118422 Mosquito Abatement District .000021106 The Ada County Highway District .000701539 Meridian Library District .000430489 Meridian Cemetery District .000048343 Western Ada Recreation District .000037736 College of Western Idaho .000124266 TOTAL13 .005877164 House Bill 587, as amended in the Senate, effective July 1, 2020, amends Idaho Code Section 50-2908 altering the allocation of revenue allocation funds to the Agency from the Ada County Highway District levy 14. This amendment will apply to this Project Area and provides: "[i]n the case of a revenue allocation area first formed or expanded to include the property on or after July 1, 2020, all taxes levied by any highway district, unless the local governing body that created the revenue allocation area has responsibility for the maintenance of roads or highways" will be allocated to the applicable highway district, which in this case is the Ada County Highway District. However, amended Idaho Code Section 50-2908 further provides the highway district and Agency may enter into an agreement for a different allocation. A copy of any agreement is required to be submitted to the Idaho State Tax Commission and to the Ada County Clerk by the Ada County Highway District as soon as practicable after the parties have entered into the agreement and by no later than September 1 of the year in which the agreement takes effect. The Plan includes significant transportation elements, and the Agency intends to work with the Ada County Highway District to enter into an agreement allowing the Agency to retain the revenues from the highway district levies. The Study has made certain assumptions concerning the levy rate. The levy rate is estimated to be 10% lower than the combined 2020 certified levy rate to adjust for the impact of House Bill 389, as well as considering the rapidly increasing property values. The levy rate is anticipated to remain level for the life of the Project Area. As the actual impact of the property 12 It is unclear how the personal property tax exemption set forth in Idaho Code Section 63-602KK,and as amended by House Bill 389,effective January 1,2022,may impact the levy rate. i3 Net of voter approved bonds and levies. is Senate Bill 1107,as amended in the Senate,effective July 1,2021,made a corresponding amendment to Idaho Code Section 40-1415(3)to address the responsibility for funding certain urban renewal projects. 37 Page 271 Item#12. value fluctuations on the levy rate is unknown, the Study has assumed a combined conservative levy rate of.0053. Land values are estimated to inflate at 8%/year for five (5)years and then inflate at a rate of 4%/year for the remaining duration of the Project Area. Improvement values are estimated to inflate at a rate of 10%/year for five (5)years, and thereafter are estimated to inflate at a rate of 5%/year for the duration of the Project Area. Estimated new development is anticipated to be fully on the tax rolls in years 2025, 2027, 2028, 2029, 2030, 2032, 2033 and 2035. It is further estimated the properties in the district will generate $500,000 in taxable value annually. If the overall levy rate is less than projected, or if expected development fails to occur as estimated, the Agency shall receive fewer funds from revenue allocation. Pursuant to Idaho Code Section 50-2908, the Agency is not entitled to revenue allocation proceeds from certain levy increases which are allowed by either specific statutory authorization or approved by an election of the qualified electors of the particular taxing district. Therefore, for any levy election, the Agency will not receive revenue allocation funds which would have been generated by imposing that levy on the assessed valuation within the Project Area. The Study has taken this statute into account. 503 Phasing and Other Fund Sources The Agency anticipates funding only a portion of the entire cost of the public improvements shown on Attachment 5. Other sources of funds may include City, other public entity partners, and developer participation. It is important to note this Plan does not financially bind or obligate the City, Agency and/or any other public entity to any project or property acquisition. Agency and/or other public entity participation in any project shall be determined by the amount of revenue allocation funds generated and pursuant to the annual budgeting process. 504 Lease Revenue, Parking Revenue, and Bonds Under the Law(see Idaho Code § 50-2012), the Agency is authorized to issue revenue bonds to finance certain public improvements identified in the Plan. Under that type of financing, the public entity would pay the Agency a lease payment annually which provides certain funds to the Agency to retire the bond debt. Another variation of this type of financing is sometimes referred to as conduit financing, which provides a mechanism where the Agency uses its bonding authority for the Project, with the end user making payments to the Agency to retire the bond debt. These sources of revenues are not related to revenue allocation funds and are not particularly noted in the Study, because of the "pass through" aspects of the financing. Under the Act, the economic feasibility study focuses on the revenue allocation aspects of the Agency's financial model. These financing models typically are for a longer period of time than the 20-year period set forth in the Act. However, these financing models do not involve revenue allocation funds, but rather funds from the end users which provide a funding source for the Agency to continue to own and operate the facility beyond the term of the Plan as allowed by Idaho Code Section 50- 2905(8) as those resources involve funds not related to revenue allocation funds. 38 Page 272 Item#12. 505 Membership Dues and Support of Community Economic Development The Act is premised upon economic development being a valid public purpose. To the extent allowed by the Law and the Act, the Agency reserves the authority to use revenue allocation funds to contract with non-profit and charitable organizations established for the purpose of supporting economic development and job creation. Additionally, the Agency reserves the authority to expend revenue allocation funds to join,participate and support non- profit organizations established to support Agency best practices and administration. The District Operating Expenses identified in the Study shall be deemed to include expenditures for the purposes described in this section as may be deemed appropriate during the annual budgetary process. 600 ACTIONS BY THE CITY AND OTHER PUBLIC ENTITIES The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the area of conditions causing deterioration. Actions by the City may include, but not be limited to, the following: a. Institution and completion of proceedings necessary for changes and improvements in private and publicly owned public utilities within or affecting the Project Area. b. Revision of zoning (if necessary)within the Project Area to permit the land uses and development authorized by this Plan. C. Imposition,wherever necessary, of appropriate controls within the limits of this Plan upon parcels in the Project Area to ensure their proper development and use. d. Provision for administrative enforcement of this Plan by the City after development. The City and the Agency may develop and provide for enforcement of a program for continued maintenance by owners of all real property, both public and private,within the Project Area throughout the duration of this Plan. e. Building Code enforcement. f. Performance of the above actions and of all other functions and services relating to public peace, health, safety, and physical development normally rendered in accordance with a schedule which will permit the development and/or redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. g. The undertaking and completing of any other proceedings necessary to carry out the Project. 39 Page 273 Item#12. h. Administration of Community Development Block Grant funds that may be made available for this Project. i. Appropriate agreements with the Agency for administration, supporting services, funding sources, and the like. j. Joint funding of certain public improvements, including but not limited to those identified in this Plan and Attachment 5 to the Plan. k. Use of public entity labor, services, and materials for construction of the public improvements listed in this Plan. 1. Assist with coordinating and implementing the public improvements in the Project Area identified in the Study. The foregoing actions, if taken by the City and/or the Ada County Highway District, do not constitute any commitment for financial outlays by the City. In addition to the above, other public entities shall aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan. 601 Maintenance of Public Improvements The Agency has not identified any commitment or obligation for long-term maintenance of the public improvements identified. The Agency will need to address this issue with the appropriate entity,public or private, who has benefited from or is involved in the ongoing preservation of the public improvement. The Agency expects to dedicate public improvements to the City. 700 ENFORCEMENT The administration and enforcement of this Plan, including the preparation and execution of any documents implementing this Plan, shall be performed by the Agency and/or the City. 800 DURATION OF THIS PLAN, TERMINATION,AND ASSET REVIEW Except for the nondiscrimination and nonsegregation provisions which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents formulated pursuant to this Plan, shall be effective for twenty (20) years from the effective date of the Plan subject to extensions set forth in Idaho Code Section 50-2904. The revenue allocation authority will expire on December 31, 2041, except for any revenue allocation proceeds received in calendar year 2042, as contemplated by Idaho Code Section 50-2905(7). The Agency may use proceeds in 2042 to complete the projects set forth herein. As stated in the Plan, any disposition 40 Page 274 Item#12. and development agreement or owner participation agreement obligations will cease as of December 31, 2041. Idaho Code Section 50-2903(5)provides the Agency shall adopt a resolution of intent to terminate the revenue allocation area by September 1. In order to provide sufficient notice of termination to the affected taxing districts to allow them to benefit from the increased budget capacity, the Agency will use its best efforts to provide notice of its intent to terminate this Plan and its revenue allocation authority by May 1, 2042, or if the Agency determines an earlier terminate date, then by May 1 of the early termination year: a. When the Revenue Allocation Area plan budget estimates that all financial obligations have been provided for, the principal of and interest on such moneys, indebtedness, and bonds have been paid in full or when deposits in the special fund or funds created under this chapter are sufficient to pay such principal and interest as they come due, and to fund reserves, if any, or any other obligations of the Agency funded through revenue allocation proceeds shall be satisfied and the Agency has determined no additional project costs need be funded through revenue allocation financing, the allocation of revenues under Idaho Code Section 50-2908 shall thereupon cease; any moneys in such fund or funds in excess of the amount necessary to pay such principal and interest shall be distributed to the affected taxing districts in which the Revenue Allocation Area is located in the same manner and proportion as the most recent distribution to the affected taxing districts of the taxes on the taxable property located within the Revenue Allocation Area; and the powers granted to the urban renewal agency under Idaho Code Section 50-2909 shall thereupon terminate. b. In determining the termination date, the Plan shall recognize that the Agency shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the Plan. C. For the fiscal year that immediately predates the termination date, the Agency shall adopt and publish a budget specifically for the projected revenues and expenses of the Plan and make a determination as to whether the Revenue Allocation Area can be terminated before January 1 of the termination year pursuant to the terms of Idaho Code Section 50-2909(4). In the event that the Agency determines that current tax year revenues are sufficient to cover all estimated expenses for the current year and all future years,by May 1, but in any event, no later than September 1, the Agency shall adopt a resolution advising and notifying the local governing body, the county auditor, and the State Tax Commission, recommending the adoption of an ordinance for termination of the Revenue Allocation Area by December 31 of the current year, and declaring a surplus to be distributed as described in Idaho Code Section 50-2909 should a surplus be determined to exist. The Agency shall cause the ordinance to be filed with the office of the county recorder and the Idaho State Tax Commission as provided in Idaho Code Section 63-215. 41 Page 275 Item#12. Upon termination of the revenue allocation authority of the Plan to the extent the Agency owns or possesses any assets, subject to the following paragraph, the Agency intends to dispose of any remaining assets by granting or conveying or dedicating such assets to the City, unless based on the nature of the asset, disposition to another public entity is more appropriate. As allowed by Idaho Code Section 50-2905(8), the Agency may retain assets or revenues generated from such assets as long as the Agency shall have resources other than revenue allocation funds to operate and manage such assets. Similarly, facilities which provide a lease income stream to the Agency for full retirement of the facility debt will allow the Agency to meet debt services obligations and provide for the continued operation and management of the facility. For those assets which do not provide such resources or revenues, the Agency will likely convey such assets to the City, depending on the nature of the asset. 900 PROCEDURE FOR AMENDMENT OR MODIFICATION To the extent there are any outstanding loans or obligations, this Plan should not be modified pursuant to the provisions set forth in Idaho Code Section 50-2903A. Modification of this Plan results in a reset of the base value for the year immediately following the year in which the modification occurred to include the current year's equalized assessed value of the taxable property in the revenue allocation area, effectively eliminating the Agency's revenue stream as more fully set forth in Idaho Code Section 50-2903A subject to certain limited exceptions contained therein. As more specifically identified above, the Agency's projections are based on estimated values, estimated levy rates, estimated future development, and estimated costs of future construction/improvements. Annual adjustments, as more specifically set forth in the Agency's annual budget, will be required to account for more/less estimated revenue and prioritization of projects. Any adjustments for these stated purposes are technical and ministerial and are not deemed a modification under Idaho Code Section 50-2903A(1)(a)(i). 1000 SEVERABILITY If any one or more of the provisions contained in this Plan to be performed on the part of the Agency shall be declared by any court of competent jurisdiction to be contrary to law, then such provision or provisions shall be null and void and shall be deemed separable from the remaining provisions in this Plan and shall in no way affect the validity of the other provisions of this Plan. 1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS Under the Law, the Agency is required to file with the City, on or before March 31 of each year, a report of the Agency's activities for the preceding calendar year,which report shall include the financial data and audit reports required under sections 67-1075 and 67-1076, Idaho Code. This annual report shall be considered at a public meeting to report these findings and take comments from the public. 42 Page 276 Item#12. Additionally, the Agency must comply with certain other reporting requirements as set forth in Idaho Code Section 67-107615, the tax commission plan repository,see Idaho Code § 50- 2913, and the tax commission's plan modification annual attestation,see Idaho Code § 50- 2903A. Failure to report the information requested under any of these statutes results in significant penalties, including loss of increment revenue, and the imposition of other compliance measures by the Ada County Board of County Commissioners. 1200 APPENDICES,ATTACHMENTS, EXHIBITS, TABLES All attachments and tables referenced in this Plan are attached and incorporated herein by their reference. All other documents referenced in this Plan but not attached are incorporated by their reference as if set forth fully. 15 House Bill 73,passed during the 2021 Legislative Session,significantly effective as of January 1,2021,with the remaining sections in full force and effect on and after January 1,2022,establishes a uniform accounting system for local governmental entities,including urban renewal agencies,which is to be administered by the State Controller. Going forward,Idaho Code Section 67-450E is superseded by Idaho Code Section 67-1076. 43 Page 277 Item#12. Attachment 1 Boundary Map of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Page 278 Item#12. EXHIBIT B SKETCH TO ACCOMPANY URBAN RENEWAL DISTRICT DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION LOCATED IN THE SE 114 OF THE SE 114 OF SECTION 1, AND IN THE NE 114 OF THE NE 114 OF SECTION 72, TOWNSHIP 3 NORTH, RANGE 1 WEST, ALSO BEING IN THE S 112 OF THE SW 114 OF SECTION 6, AND IN THE NW 114 OF SECTION 7, AND IN THE N 11.E OF THE Sly 114 OF SECTION 7, TOWNSHIP J NORTH, RANGE 7 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO 714 ry LEGEND URD BOUNDARY s V76 Cs V76 — — URD AREA N 89'08'5.51" E 24p4.26' SEE SHEET 2 OF 5 p SEE SHEET 3 OF 5 Z /BASIS �F EEAR G, Z 114 1 6 s8 3 � 44. 1�4 ly 5 89-2653" E 2,555.27' 12 A IRIN W CHERRY LANE 117 SEE SHEET 3 OF .5 EES E 4OF5 Zq a p�A AN Z E SHEET 5 OF .5 Z Ns D L c fi 4 U n o V4 C 114 18 7 N 59'35 22 E —2394.97' -V P E PINE AVENUE A . Ko() CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD SCALE 1'=1000' MERIDIAN, IDAHO 83642 (208)8$$-4312 SHEET T Page 279 Item#12. E. HISIT B (CONTINUED) 5EE 5HECT 3 OF 5 SEE 12 7 N 0'18'09" E 1324,40' DETAIL B S V 16 7 6 ` ERID R 1.?fi 19"E 43.51 -+ 197 79' L-12 L-10 C-1 0 L- q- L-11 o,W N O'18 09"E E--12 ,z , 28.88' 6� N 126'19" E DETAIL B No SCALE I CS 7�16 ^� Co l� L-5 �E 5'e C/ LEGEND a 1 s� ❑ URD 80UNDARY �l I UU ¢ �9 O f �` URD AREA F � \4' o �A , Ko fj GIVIL SURVEY CONSULTANTS,INC. 2893 SOUTH MERIDIAN ROAD 5EE MERIDIAN,IDAHO 83642 DETAIL A (208)8884312 L-4 62. 19' L-1 707• LINE DATA PRINT OF 4-2 � L-3 6.324 �P LINE BEARING DISTANCE BEGINNING L-2 L-1 s 88'35'17" W 35.03, E BAR RA L-2 N 1 24�43" W 54.39' DRIVE L-3 N 27'07'54" W 75.58' V L-4 N 51-70'43" W 78,50' L-5 N d'29'39" E 5.24' DETAIL A L-6 s 88.57'10" W 70o.83' NO SCALE 4-7 N 64.55'1 1" W 97.10' 1/4 N 0'18'19" E L--8 s 38.72:39" W 48.77' 13OO.92' 4-9 N 89.4229" W 783.94' CS V16 L-10 N 65'44 09" W 8.70' L-1 7 N 69'37 07' W 4.50' L-12 N 0'18'09" E 90.62' CURVE DATA SHEET 2 OF S CURVE DELTA I RADIUS ARC TANGENT CHORD I CH C-1 52.0452" 35.00 31.81 17.10 .30.73 516 Page 280 Item#12. EXHISIT S (CONTINUED) � o � z N 89'41'51" W 669,50' S Vic6 1.50' 48.00' W Q cz SCALE- 1 --300' � LEGEND URO BOUNDARY URU AREA � o�p LA EN S _ 1979.77 S 89 26 S 357, 71' 7 6 O �e- v ,5 6926 54" E 26.55.27' 318 39' —17 7 7 -4 W CHERRY LANE L—13 L--16 �v 18 80 L-14 L-18 Sr� -71r_ 7. z L-15 L-19 L-22 ❑ � L-21 "-u ❑ � � Z � LINE DATA o LINE BEARING DISTANCE L-73 5 0'33'06" W 5T.00' L-14 5 62"43'15" E 12.62' L-75 5 86'48'50" E 60.07' L-16 N 6624'13" E" 72.07' L-77 S 8926'54" E 782.07' CIVIL SURVEY CONSULTANTS, INC. L-18 S 4534 48" E 47.87' 2893 SOUTH MERIDIAN ROAD 714 L-79 5 J25'19" E 87.40' MERIDIAN, IDAHO83642 L-20 5 02J29" W 119.26' (208)888-4392 L-21 5 59"35'31" E 57 50' SHEET Page 281 L-22 N 0'23 29" E 9_J2' Item#12. EXHIBIT B (CONTINUED) N MERIOMN ROAD N D 23 29" E 2652.11' SEE .SHEET 3 aF 5 12 1 so" 29" O 15 9' L-2� �j 46.00' R, I C 25 +v SCALE- 1=.30D' p ul zo LEGEND NE 2ND 112 STREET ("I URD BOUNDARY m Is U90 AREA W Q a � Z � N 3RO 5 J 9.78' N D 35 DO" C 714 6 ' 652,57' 2 18780 52 05' 19 to 49 199' �F A , K p'3 N 0-36�25" E 31C1.05' POINT OF f BEGINNING LINE DATA 114 LINE BEARING DISTANCE — -- L—22 N ❑23 29" E 9.32' N ❑'34 47" E 2694.28' L-23 N 89 3658" E 240,02' L-24 5 89'36 58" W 50.01' CIVIL SURVEY CONSULTANTS,INC. L-25 5 02329" W 106.39' 2893SOUTH MERIDIAN ROAD L-26 5 69-3605" W 750.01' MERIDIAN,IDAHO83642 L-27 N 45 J4'47" E 27,60' [208)888-0312 L-40 IV 45 J4 47" E 2130, SHEET L—41 5 88-2J 46" E 62.3S' Page 282 Item#12. EXHIBIT B (CONTINUED) N MERIDIAN ROAD .SCALE 1'-.300' 1/4 N D'23 29" E 26.52.11' S o�3 9 W- LEGEND5 'r URD BOUNDARY o URD AREA Q � OZLQ W N MAIN STREET' = J *p L L N M 4�C S I 340.01' oi b;"' L-31 4 5 0`3,3'24'W L-29 ry ZJ U7 O I 80.0 290.72' ❑ ' D.0?' 25 99' 0 01 O'JJ' 4" W P� aa.o l�OF f£A . K(Jo o NE 2ND 1/2 S77?E °j _ Z � 80.04' 0'3T' 3' 591. 8 25 3' BD.0!' 25 93' Ql) Na`3 47 -39 NE 4TH S7Rf- N 4m L-37 12.32' L- 8 60 01' a L 34 E 4TT 57F?EET L-33 � 4 NE 5TH STREET fll E 57H 5 EET LINE DATA LINE BEARING DISTANCE L-28 5 2344 59 E 9.44' I L-29 N 89.2636" W 37.00' L-30 N 89-J547" E 87.79' W L-31 5 0:32'08" W go.07' C 114 N 0'3447" E 2694,28' L-32 N 058 55" E Ho.02' L-33 N O3447" E 60.07' 1 L-34 5 89'3547" W 77-98' CIVIL SURVEY CONSULTANTS.INC. L-55 N 0 J5 03" E 720.38' 2893 SOUTH MERIDIAN ROAD L-36 N 89-3547" E 11.00' MERIDIAN, IDAHO83642 L-37 N 0-J5 00" E 120.38, (208)888.4312 L-38 N 89'3.5`47' E 70.60' SHEET L-39 5 f39'36'17" W10.00' Page 283 Item#12. Attachment 2 Legal Description of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Page 284 Item#12. EXHI BIT A URBAN RENEWAL DISTRICT BOUNDARY DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION NORTHERN GATEWAY (Option A) A description for Urban Renewal District purposes located in the SE 1/4 of the SE 1/4 of Section 1, and in the NE 1/4 of the NE 1/4 of Section 12, Township 3 North, Range 1 West, also being in the S 1/2 of the SW 1/4 of Section 6, and in the NW 1/4 of Section 7, and in the N 1/2 of the SW 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said S 1/2 of the SW 1/4 of Section 6, from which a brass cap monument marking the southwesterly corner of said Section 6 bears S 88'35'17" W a distance of 2404.78 feet; Thence S 88'35'17" W along the southerly boundary of said Section 6 a distance of 389.74 feet to the POINT OF BEGINNING; Thence continuing S 88'35'17" W a distance of 35.08 feet to a point; Thence leaving said southerly boundary N 1'24'43" W a distance of 54.39 feet to a point marking the southwesterly corner of that PARCEL as shown on Record of Survey No. 2969, Instrument No. 94082169, found in the office of the Recorder, Ada County, Idaho; Thence N 27*07'54" W along the southwesterly boundary of said PARCEL a distance of 75.58 feet to a point marking the westerly corner of said PARCEL, said point being the southerly corner of PARCEL A as described in Warranty Deed Instrument No. 96048180 as found in said office of the Recorder,- Thence leaving said southwesterly boundary of said PARCEL and along the southwesterly boundary of said PARCEL A the following described courses: Thence N 51'10'43" W a distance of 78.50 feet to a point; Thence N 71'30'43" W a distance of 684.82 feet to a point; Thence N 0'29'39" E a distance of.5.24 feet to a paint marking the southeasterly corner of LA PLAYA MANOR ESTATES SUBDIVISION as found in Book 70 of plats at Pages 7187 — 7188 in said office of the Recorder; Page 1 of 8 Page 285 Item#12. Thence leaving said Southwesterly boundary of said PARCEL A and along the southwesterly boundary of said LA PLAYA MANOR ESTATES SUBDIVISION the following described courses: Thence S 88'51'10" W a distance of 100.93 feet to a point; Thence N 64a55'11" W a distance of 91.10 feet to a point; Thence N 52°28'52" W a distance of 886.26 feet to a point on the southerly right-of-way of E Carmel Drive; Thence continuing N 52'28'52" W a distance of 60.00 feet to a point on the northerly right-of-way of E Carmel Drive; Thence leaving said southwesterly boundary of LA PLAYA MANOR ESTATES SUBDIVISION and along said northerly right-of-way the following described courses: Thence 5 38°12'39" W a distance of 48.77 feet to a point; Thence a distance of 3 1.8 1 feet along the arc of a 35.00 foot radius curve right, said curve having a central angle of 52'04'52" and a tong chord bearing S 64"15'05" W a distance of 30.73 feet to a point; Thence N 89'42'29" W a distance of 183.94 feet to a point: Thence N 65'44'09" W a distance of 8,70 feet to a point on the easterly right-of-way of N Meridian Road; Thence leaving said northerly right-of-way and along said easterly right-of-way the following described courses: Thence N 1'26'19" E a distance of 197.79 feet to a point; Thence N 0a18'09" E a distance of 28.88 feet to a point; Thence N 89'37'07" W a distance of 4.50 feet to a point; Thence N 0`18'09" E a distance of 90.62 feet to a point an the northerly boundary of said 5 1/2 of the SW 1/4 of Section 6; Pap-e 2 of 8 V Page 286 Item#12. Thence leaving said easterly right-of-way S 89'08'51" W along said northerly boundary a distance of 43.51 feet to a point marking the northwesterly corner of said S 1/2 of the SW 1/4 of Section 6; Thence N 89041'51" W along the northerly boundary of said SE 1/4 of the SE 1/4 of Section 1 a distance of 48.00 feet to a point on the westerly right-of-way of N Meridian Road, said point being on the northerly boundary of that PARCEL as shown on Record of Survey No. 9135, Instrument No. 112011184, found in said office of the Recorder; Thence continuing N 89°41'51" W along said northerly boundaries a distance of 621.50 feet to a point marking the northwesterly corner of said PARCEL; Thence leaving said northerly boundaries S 0'33'44" W along the westerly boundary of said PARCEL a distance of 1278.48 feet to a point on the right-of-way of W Cherry Lane; Thence continuing S 0'33'44" W along an extension of said westerly boundary a distance of 43.00 feet to a point on the southerly boundary of said SE 1/4 of the SE 1/4 of Section 1; Thence leaving said extension S 89'26'54" E along said southerly boundary a distance of 318.39 feet to a point; Thence leaving said southerly boundary 5 0'33'06" W a distance of 57.00 feet to a point on the southerly right-of-way of W Cherry Lane; Thence along said southerly right-of-way the following described courses: Thence S 62'43'15" E a distance of 12.62 feet to a point on the westerly right-of-way of NW 2nd Street; Thence leaving said westerly right-of-way S 86°48'50" E a distance of 60.07 feet to a point on the easterly right-of-way of NW 2nd Street; Thence leaving said easterly right-of-way N 66'24'13" E a distance of 12.07 feet to a point; Thence S 89'26'54" E a distance of 182.01 feet to a point; Thence 5 45'34'48" E a distance of 41.81 feet to a point on the westerly right-of-way of N Meridian Road; Page 3 of 8 Page 287 Item#12. Thence leaving said southerly right-of-way and along said westerly right-of-way the following described courses: Thence S 3'25'19" E a distance of 81.40 feet to a point; Thence S 0'23'29" W a distance of 119,26 feet to a point; Thence leaving said westerly right-of-way 5 89'36'31" E a distance of 57.50 feet to a point on the westerly boundary of said NW 1/4 of Section 7; Thence N 0'23'29" E along said westerly boundary a distance of 9.32 feet to a point an the extension of the northerly boundary of PARCEL A as shown on Record of Survey No. 10448, Instrument No. 2016-028560, found in said office of the Recorder; Thence N 89°36'58" E along said extension a distance of 46.00 feet to a point marking the northwesterly corner of said PARCEL A; Thence continuing N 89'36'58" E along the northerly boundary of said PARCEL A a distance of 194.02 feet to a point marking the northeasterly corner of said PARCEL A; Thence S 0'23'29" W along the easterly boundaries of said PARCEL A and of PARCEL 8 of said Record of Survey No. 10448 a distance of 233.00 feet to a point marking the southeasterly corner of said PARCEL 6; Thence S 89'36'58" W along the southerly boundary of said PARCEL 8 a distance of 50.01 feet to a point; Thence leaving said southerly boundary S 0023'29" W a distance of 106.39 feet to a point; Thence S 89'36'O5" W a distance of 150.01 feet to a point on the easterly right-of-way of N Meridian Road; Thence along said right-of-way the following described courses: Thence S 0'23'29" W a distance of 1015.39 feet to a point; Thence S 23'44'S9" E a distance of 9.44 feet to a point on the northerly right-of-way of E Washington Street; Thence leaving said easterly right-of-way N 89'36'04" E along said northerly right-of-way a distance of 440.45 feet to a point on the westerly right-of-way of N Main Street; Page 4 of 8 Page 288 Item#12. Thence leaving said northerly right-of-way N 0'33'24" E along said westerly right-of-way a distance of 256.24 feet to a point on the extension of the northerly boundary of that PARCEL as shown on Record of Survey No. 1171, instrument No. 8761859, found in said office of the Recorder; Thence leaving said westerly right-of-way N 89'58'13" E along said extension a distance of 80.00 feet to a point marking the northwesterly corner of said PARCEL; Thence continuing N 89°58'13" E along the northerly boundary of said PARCEL a distance of 249.98 feet to a point marking the northeasterly corner of said PARCEL, said point being the northwesterly corner of SCHOOL PLAZA SUBDIVISION NO. 1 as found in Book 64 of plats at Pages 6501 --6502 in said office of the Recorder; Thence along the easterly boundary of said PARCEL and the westerly boundary of said SCHOOL PLAZA SUBDIVISION NO. 1 the following described courses: Thence S 0'33'24" W a distance of 290.72 feet to a point; Thence N 89'26'36" W a distance of 37.00 feet to a point; Thence S 0*33'24" W a distance of 280.00 feet to a point marking the southeasterly corner of said PARCEL and marking the southwesterly corner of said SCHOOL PLAZA SUBDIVISION NO. 1; Thence leaving said boundaries 5 0'33'24" W along an extension of said boundaries a distance of 60.01 feet to a point on the northerly boundary of Block 5 of FA NOURSFSSECOND ADDITION as found in Book 2 of plats at Page 64 in said office of the Recorder; Thence leaving said extension N 89'35'47" E along said northerly boundary a distance of 87.19 feet:to a point marking the northeasterly corner of said Block 5; Thence S 0°31'57" W along the easterly boundary of said Block 5 a distance of 255.99 feet to a point marking the southeasterly corner of said Block 5; Thence continuing S.0'31'57" W a distance of 80.01 feet to a point marking the northeasterly corner of Block 2 of said F A NOURSES SECOND ADDITION; Thence continuing S 0031'57" W along the easterly Boundary of said Block 2 a distance of 256.02 feet to a point marking the southeasterly corner of said Block 2; Page S of 8 Page 289 Item#12. Thence 5 0'32'08" W a distance of 80.01 feet to a point on the southerly right-of-way of E Pine Avenue as shown on Record of Survey No. 11653, Instrument No. 2018-119154, found in said office of the Recorder; Thence along said southerly right-of-way the following described courses: Thence N 89'35'22" E a distance of 80.01 feet to a point marking the northwesterly corner of that right-of-way vacated to adjoining owners, as described in Instrument No. 98218, of Block 7 of the amended plat of the TOWNSITE OF MERIDIAN as found in Book 1 of}Mats at Page 30 in said office of the Recorder; Thence continuing N 89'35'22" E a distance of 308.78 feet to a point marking the northeasterly corner of said vacated right-of-way of Block 1 of the amended plat of ROWAN ADDITION as found in Book 2 of plats at Page 52 in said office of the Recorder; Thence continuing N 89'35'22" E a distance of 80.04 feet to a point marking the northwesterly corner of said vacated right-of-way of Bock 6 of said amended plat of ROWAN ADDITION; Thence leaving said southerly right-of-way N 0658'55" E a distance of 80.02 feet to a point marking the southwesterly corner of Block 3 of COTTAGE HOME ADDITION as found in Book 1 of plats at Page 42 in said office of the Recorder; Thence N 0'37'13" E along the westerly boundary of said Block 3 a distance of 256.03 feet to a point marking the northwesterly corner of said Block 3; Thence continuing N 0'37'13" E a distance of 80.01 feet to a point marking the southwesterly corner of Block 6 of said COTTAGE HOME ADDITION; Thence continuing N 0037'13" E along the westerly boundary of said Block 6 a distance of 255.93 feet to a point marking the northwesterly corner of said Block 6; Thence N 89035'47" E along the northerly boundary of said Block 6 a distance of 299.64 feet to a point marking the northeasterly corner of said Block 6; Thence continuing N 89'3547" E a distance of 99.67 feet to a point the northwesterly corner of Lot 1 of Block 1 of EASTSIDE PA RK SUBDIVISION as found in Book 20 of plats at Pages 1312— 1313 in said office of the Recorder; Page 6 of 8 Page 290 Item#12. Thence continuing N 89035'47" E along the northerly boundary of said Lot 1 a distance of 12.32 feet to a point on an extension of the easterly boundary of Lot 1 of Block 3 of said EASTSIDE PARK SUBDIVISION; Thence leaving said northerly boundary N 0'34'47" £ a distance of 60.01 feet to the southeasterly corner of said Lot 1 of Block 3-1 Thence S 89'35'47" W along the southerly boundary of said Lot 1 a distance of 71.98 feet to the southwesterly corner of said Lot 1; Thence N 0'35'03" E along the westerly boundary Of said Lot 1 a distance of 120.38 feet to the northwesterly corner of said Lot 1; Thence N 89'3547" E along the northerly boundary of said Lot 1 a distance of 11.00 feet to a point; Thence leaving said northerly boundary N 0'35'00" E a distance of 120.38 feet to a point on the northerly boundary of said Block 3; Thence N 89'35'47" E along said northerly boundary a distance of 10.60 feet to a point on the extension of the easterly right-of-way of NE 4th Street; Thence leaving said northerly boundary N 0°34'47" E along said extension a distance of 60.01 feet to a point on said easterly right-of-way; Thence continuing N 0'34'47" E along said easterly right-of-way a distance of 301.48 feet to a point on the southerly boundary of FORTY THREE NORTH SUBDIVISION as found in Book 116 of plats at Pages 17417— 17419 in said office of the Recorder; Thence S 89°36'17" W along said southerly boundary a distance of 10.00 feet to a point marking the southwesterly corner of said FORTY THREE NORTH SUBDIVISION; Thence along the westerly boundary of said FORTY THREE NORTH SUBDIVISION the following described courses: Thence N 0'34'47" E a distance of 349.78 feet to a point; Thence N 45'34'47" E a distance of 27.80 feet to a point marking the northwesterly corner of said FORTY THREE NORTH SUBDIVISION; Page 7 of 8 Page 291 Item#12. Thence leaving said westerly boundary S 88'23'46" E along the northerly boundary of said FORTY THREE NORTH SUBDIVISION a distance of 62.38 feet to a point on the extension of the easterly boundary of that PARCEL as shown on record of Survey No. 10184, Instrument No. 2015-067809, found in said office of the Recorder,- Thence N 0'35'00" E along said extension a distance of 62.05 feet to a point marking the southeasterly corner of said PARCEL; Thence continuing N 0°35'00" E along the easterly boundary of said PARCEL a distance of 652.57 feet to a point marking the southwesterly corner of that PARCEL as shown on Record of Survey No. 2532, Instrument No. 9353397, found in said office of the Recorder; Thence leaving said easterly boundary N 89'10'54" E along the southerly boundary of said PARCEL as shown on Record of Survey No. 2532 a distance of 240.25 feet to a point marking the southeasterly corner of said PARCEL as shown on Record of Survey No. 2532; Thence N 0'36'25" E along the easterly boundary of said PARCEL as shown on Record of Survey No. 2532 a distance of 260.06 feet to a point on the southerly right-of-way of E Fairview Avenue; Thence leaving said easterly boundary and continuing N 0'36'25" E along and extension of said easterly boundary a distance of 49.99 feet to the POINT OF BEGINNING. This parcel contains approximately 126.226 acres. NOTE: This description was prepared using record information including Record of surveys, Subdivision Plats and Deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Kyle A. Koomler, PLS NAL SN SG Civil Survey Consultants, Incorporated �! G May 26, 2021 187 06- s, -2G 21 o �- A Koa��kr Page 8 of 8 Page 292 Item#12. Attachment 3 Private Properties Which May Be Acquired by the Agency 1. The Agency has not identified any particular parcel for the construction of public improvements or for private redevelopment. Properties which may be subject to acquisition include parcels to: a) assemble with adjacent parcels to facilitate development and/or redevelopment; b) assemble with adjacent rights-of-way to improve configuration and enlarge parcels for development and/or redevelopment; c) reconfigure sites for development and possible extension of streets or pathways; d) assemble for future transfer to qualified developers to facilitate the development of mixed-use, residential (including affordable and/or workforce housing), commercial, office and retail areas; or e) assemble for the construction of certain public improvements, including but not limited to streets, streetscapes, water and sewer improvements, environmental and floodplain remediation/site preparation,public parking, community facilities, parks,pedestrianibike paths and trails, recreation access points, and other public facilities. 2. The Agency reserves the right to acquire any additional right-of-way or access routes near or around existing or planned rights-of-way. 3. The Agency reserves the right to acquire property needed to provide adequately sized sites for high priority projects for the development of public improvements (the exact location of which has not been determined). 4. Other parcels may be acquired for the purpose of facilitating catalyst or demonstration projects, constructing public parking, constructing new streets or pathways, enhancing public spaces, or to implement other elements of the urban renewal plan strategy and/or any master plan for the Project Area, including support for affordable and/or workforce housing projects. Page 293 Item#12. Attachment 4 Map Depicting Expected Land Uses and Current Zoning Map of the Project Area Page 294 • Medium Densi U-T%T I��1 - - .- ■�A�Office�"/Residential ■■,� —oil 0 //, IIIIII�J� �I�■■ Density • • %�/, ResidenTIT- tial ��� ��■ am am /, - Commercial Density� IM �—Hi—:�h�!■ _■ � . � �ilVledi�m ■ ��rfl - Densit !! �� � ` �� � �D♦ensit�i �`�,_■ !Residential Q Residentiah ■ - . . .. -- - . . a IIIII■1 111 11■ 11111 ■11■ 111■ ����1 • ••• _ i 1111111 ■11 _ - 11 II111 . 1■■ _■■1+ � � -• - 1■ ■■ ■� 1■1■11 ■11�� ■IIII Illf: 111111 `��I���� �� �� IIIIIIIJ, R-15 1INO • � . R-8 R 40 • � �� R-8 RUT ' !!� ■ ■ l`N'� i IN NINO - ■ ■� I � -■■ ■ � R-40 ■ ■� = Q - . - . � 111 �1111 ■1= � ��� - . ° .. -- - . • 0 111� III 11111 ■11■ 111■ -° •°• I O-T t - - ■ �� _ ■111 �IIII 1■■ ■■1+� ■ '• - � ■■ ■11�� 1■III Ilfi 111111 ■11 °-T `��lR�51 Item#12. Attachment 5 Economic Feasibility Study Page 297 Item#12. ATTACHMENT 5.1 (Option A) Public Improvements within the Revenue Allocation Area This attachment includes a projected list of proposed public works or improvements within the Northern Gateway District Project Area (the "Project Area"). The proposed improvements within the Project Area include improvements to streets, utilities, and other public rights-of- way amenities as well as improvements to parks and open space, transit improvements, fagade improvements, historic lighting, wayfinding, environmental remediation, planning studies and public parking. Property acquisition to support development goals is also contemplated. The Northern Gateway District Improvement List set forth below identifies needed investments to support private investment in capital facilities. Capital facilities generally have long useful lives and significant costs. The overall project and the infrastructure to support it are all consistent with the vision articulated in the City of Meridian Comprehensive Plan, Destination: Downtown Plan, the future land use map and as required in City development regulations. The cost estimates provided by the City are based upon prices for similar construction in the area. Estimated costs expected to be incurred in implementing the urban renewal plan are as follows: Northern Gateway District Improvement List Open Area Development Costs Utilities $3,000,000 Collector Roadways $1,000,000 Sub-total Open Area Development Costs $4,000,000 Redevelopment Project Area Costs Street Improvements $11,000,000 Other Streetscapes $1,000,000 Utilities $5,200,000 Transit improvements $1,500,000 Fagade Improvements $1,000,000 Historic Lighting $750,000 Property Acquisition $3,000,000 Wayfinding/Signage $250,000 Public Parking $2,000,000 Public Plazas, Parks & Open Space $2,500,000 Environmental Remediation $1,500,000 Planning Studies $236,000 Sub-total Redevelopment Area Costs $29,925,000 Grand Total $33,925,000 Page 298 Item#12. The projects and estimated costs have been derived from the City of Meridian, the Meridian Development Corporation (MDC) and Vitruvian Planning, the transportation consultant, in part, based upon similar works being carried out in the broader community. The costs are estimated in 2021 dollars and are not inflated. Costs will likely vary from the costs detailed here, as they will be subject to inflation and further project refinement and timing. The cost estimates used in this analysis are considered estimates for the purpose of financial planning. The Project Area is estimated to generate $35,085,665 in tax increment revenue between 2022 and 2041 in addition to the initial $75,000 loan from MDC to activate the program'. The total from both sources is estimated to be $35,160,665. There are presently$33,925,000 of project costs identified in the Northern Gateway District Improvement List. It is generally understood that projects will occur on a pay-as-you-go basis recognizing there may be an opportunity for owner/developer advanced funding of projects, which eligible costs would then be reimbursed through an Owner Participation Agreement (OPA), or other similar agreement, from resources derived from the Project Area. Administrative costs over the 20-year life of the district are estimated at $975,000 or approximately 2.6% of total estimated revenue. The initial inter-district loan to support startup costs is assumed to be repaid at 5% interest for a total obligation of$112,500. The total estimated expenditures equal $35,012,500, leaving a $148,165 positive program balance of at the end of the 20-year term. See attached cash flow analysis for detailed estimates. The Urban Renewal Plan for the Northern Gateway District Project (the "Plan") provides for the Plan and Project Area to extend through its maximum term of 20 years. Protect Funding Secure funding includes revenue allocation funds and is money MDC is highly likely to receive. The funds may not be in MDC's possession at the beginning of the Plan period, but it is virtually certain that MDC will receive the funds. MDC may need to take specific actions to generate the funding, but those actions are within its powers. Despite the high probability of secure funding, no project can proceed until a specific, enforceable funding plan is in place. Potential funding is money that might be received by MDC. In every case MDC is eligible for the funding, and the source of funding exists under current law. However, each potential funding source requires one or more additional steps or decisions before MDC can obtain the resources, and the ultimate decision is outside of MDC's independent control. The City's capital 'As the Idaho property tax system provides for taxes being paid in arears, revenue allocation proceeds will be received in FY 2042. However, the final year of income has not been considered in determining the economic feasibility of the District. Page 299 Item#12. contributions or Community Development Block Grant funding are examples of potential funding. Thus, potential funding is not assumed in determining financial feasibility. Unfunded projects, or portions of projects lack secure or potential funding. At this time, all projects are anticipated to be funded. The amount of tax increment contributed to the project will may vary depending upon the actual cost of infrastructure. The Plan proposes certain public improvements that will facilitate development in the Project Area. The overall investment package will be funded from a variety of financing methods and sources. The primary method of financing MDC's obligation will be through the use of tax increment revenue (i.e., incremental property taxes from the revenue allocation area). This Plan anticipates that at least a portion of the tax increment revenue will be used to reimburse an owner/developer through a negotiated agreement for some or all of the eligible improvement costs. The issuance of bonds is not anticipated in this analysis of financial feasibility. Other sources of funding for project may include, but are not limited to: • Local Improvement District (LID) • Business Improvement District (BID) • Development Impact Fees • Franchise Fees • Grants from federal, state, local, regional agencies and/or private entities • Other bonds, notes and/or loans • Improvements and/or payments by developers The total project costs and the amount of tax increment are estimates. The estimated project costs and revenues are based on MDC's present knowledge and expectations supported by detailed information from property owners, City and MDC staff and MDC's consultants based in part upon current construction projects in the broader community. Page 300 Item#12. Map of Proposed Northern Gateway District Legend Illliiiliiijllllllllliiijlllllll iillillllljllllh .. _ .\\rvortnem arv!wav c4 um IIIIIIjIIllll pII I O Parcels Summary of Projects Based on the Northern Gateway District Improvement List set forth above, the estimated total costs for the public improvements are $33,925,000. Cost of Operations and Improvements by Year (2021-2042) Year Secure Potential District Capital and Total Project Funding Funding Operating Program Liabilities (TIF Expenses Expenses & And MDC Loan) Repay Inter- district Loan 2021 $75,000 $0 $0 $0 2022 $38,172 $0 $25,000 $25,000 2023 $79,830 $0 $50,000 $50,000 $100,000 2024 $125,301 $0 $50,000 $125,000 $175,000 2025 $333,941 $0 $50,000 $262,500 $312,500 2026 $475,588 $0 $50,000 $400,000 $450,000 2027 $598,223 $0 $50,000 $550,000 $600,000 2028 $912,403 $0 $50,000 $850,000 $900,000 2029 $1,215,713 $0 $50,000 $1,000,000 $1,050,000 Page 301 Item#12. 2030 $1,428,075 $0 $50,000 $1,500,000 $1,550,000 2031 $1,756,969 $0 $50,000 $1,700,000 $1,750,000 2032 $1,863,706 $0 $50,000 $1,800,000 $1,850,000 2033 $2,055,176 $0 $50,000 $2,000,000 $2,050,000 2034 $2,362,110 $0 $50,000 $2,300,000 $2,350,000 2035 $2,631,278 $0 $50,000 $2,600,000 $2,650,000 2036 $2,781,286 $0 $50,000 $2,700,000 $2,750,000 2037 $2,938,672 $0 $50,000 $2,900,000 $2,950,000 2038 $3,103,800 $0 $50,000 $3,100,000 $3,150,000 2039 $3,277,052 $0 $50,000 $3,200,000 $3,250,000 2040 $3,458,829 $0 $50,000 $3,400,000 $3,450,000 2041 $3,649,551 $0 $50,000 $3,600,000 $3,650,000 2042 $0 $0 0 $0 Total $35,160,665 $0 $975,000 $34,037,500 $35,012,500 Note: This analysis anticipates a positive fund balance of$148,165 the end of the project. Page 302 Item#12. ATTACHMENT 5.2 (Option A) Economic Feasibility Study The Plan, as currently envisioned, is economically feasible because the proposed development is sufficient to fully cover the anticipated cost of redevelopment program. The economic feasibility of the Plan is based on the following factors: • The amount of development anticipated in the Project Area • The timing of the proposed taxable development • The nature of the proposed development 0 The amount of tax revenue to be generated by the proposed development • The cost of public improvement projects • If revenue equals or exceeds project costs, the Plan is economically feasible. The following is a summary of the analysis and estimates of the factors used to determine the economic feasibility of the Plan. The Economic Feasibility Analysis Summary: Over the course of the Plan and the Northern Gateway District, $35,085,665 of Tax Increment Revenue will be generated using the development scenarios proposed by the City and MDC, in consultation with its consultants and property owners within the Northern Gateway District. The Economic Feasibility Study assumes a minimum of 10% of annual revenue allocation area proceeds, or TIF revenue, will be used for administration of the Northern Gateway District with that amount capped at $50,000 per year, for a total of$975,000 for administration costs over the 20-year lifespan of the District. The attached spreadsheets entitled "Northern Gateway District Revenue Model" and "Northern Gateway District Cash Flow Analysis" gives a more detailed outlook on the revenues and expenses of the development scenario. The following assumptions were made in the formulation of the Financial Feasibility Analysis: o Land Value Increase @ 8%/Year for 5 years, then 4%/year for the balance of the term. o Improvement Value Increase @ 10%/Year for 5 years, then 5%/year for the balance of the term. o Tax Rate is reduced 10% and held constant through the life of the Plan o Total Cost of Improvements over the life of the project: $33,925,000 (City and consultants' estimates) Page 303 Item#12. o Tax rate does not include levies excluded pursuant to Idaho Code 50-2908, such as voter approved bonds/levies after 2007,judgment levies or the School District Plant or supplemental levies excluded by law. The Economic Feasibility Analysis shows that the project will generate adequate funds within the Project Area to fund the necessary capital improvements. 4820-9976-3190,v.6 Page 304 Item#12. Street Improvements-More Detailed Description Total Construction Estimate Street Section Length(LF) Construction Design Contingency (Rounded) 2&1/2 St,Carlton to Fairview 2,OD0 $ 3,050,000 $ 460,000 $ 610,000 $ 4,100,000 3rd Street,Carlton to Pine 70D $ 475,000 $ 70,000 $ 100,000 $ 600,1100 3rd Street,Fairview to Carlton 2,ODD $ 1,770,000 $ 270,000 $ 350,000 $ 2,40D,ODD Carlton,w/o 2nd to ego 4th 90D $ 1,260,500 $ 190,000 $ 250,000 $ 1,7OD,000 Washington,2&1/2 to 4th 60D $ 371,000 $ 60,000 $ 70,000 $ 500,000 Meridian Rd frontage,n/o Fairview 1,300 $ 182,000 $ 30,000 $ 40,000 $ 300,000 Fairview Ave frontage,W 2nd to E 5th 2,700 $ 1,294,000 $ $ 260,000 $ 1,600,000 Main St frontage,Fairview to Washington 1,700 $ 2,100,000 $ 320,000 $ 420,000 $ 2,8OD,000 4th,Washington Badley 40D $ 218,000 $ 30,000 $ 40,OD0 $ 300,000 Bad ley,2&1/2 to 4th 60D $ 371,000 $ 60,000 $ 70,000 $ 500,000 Gruber,2&112 to 4th 60D $ 239,000 $ 40,000 $ 50,0D0 $ 300,000 State Ave,w/o 2nd to e/o 3rd 400 $ 134,000 $ 20,000 $ 30,000 $ 200,000 2nd,Pine to Carlton 60D $ 183,000 $ 30,000 $ 40,01D0 $ 300,000 Pine frontage,who 2nd to e/o 3rd 40D $ $ $ $ F I 1, Notes; • Assumes no right of way acquisition • Design estimated at 15%of construction,rounded • Contingency of 250A applied to construction costs,rounded • Water main and Wastewater Main estimates supplied by City of Meridian public Works • Local/Collector Street costs adjusted dorm when major Water/WW Main planned due to road work incorporated into those costs Page 305 Item#12. Estimated Location of Utility Upgrades Within the Project Area tea.. i wow noa u.s _� Enj tii-....�..� �i -7 —7 Red—Water and Wastewater Main Lines In Need of Expansion or Replacement Blue—Water Main Lines Planned for Replacement Green—Wastewater Lines Page 306 Northern Gateway District Revenue Model Land Value Initial Imprv. Cum.New Cumulative Funding for (+8%annually Value(+10% Total Assessed Annual New Const Value+ Cum total Homeowne Increment Levy Tax Admin Capital Year Taxable Value rs'Const.Value Inflation @ Taxable Value Value(I-Base Rate Increment Costs for 5 years Annually for 5 Value on tax roll 10%for 5 Value) (Flat) Yield (10%) Projects/ then 4%) years then 5%) Exemption Debt Service years then 5%) 2021 $ 27,641,100 $ 46,297,100 $ 73,938,200 $ - $ - $ 73,938,200 $ 2,775,726 $ 71,162,474 $ - 0.0053 2022 $ 29,852,388 $ 50,926,810 $ 80,779,198 $ 500,000 $ 500,000 $ 81,279,198 $ 2,914,512 $ 78,364,686 $ 7,202,212 0.0053 $ 38,172 $ 3,817 $ 34,355 2023 $ 32,240,579 $ 56,019,491 $ 88,260,070 $ 500,000 $ 1,025,000 $ 89,285,070 $ 3,060,238 $ 86,224,832 $ 15,062,358 0.0053 $ 79,830 $ 7,983 $ 71,847 2024 $ 34,819,825 $ 61,621,440 $ 96,441,265 $ 500,000 $ 1,576,250 $ 98,017,515 $ 3,213,250 $ 94,804,266 $ 23,641,792 0.0053 $ 125,301 $ 12,530 $ 112,771 2025 $ 37,605,411 $ 67,783,584 $ 105,388,996 $ 30,500,000 $ 32,155,063 $ 137,544,058 $ 3,373,912 $ 134,170,146 $ 63,007,672 0.0053 $ 333,941 $ 33,394 $ 300,547 2026 $ 40,613,844 $ 74,561,943 $ 115,175,787 $ 15,500,000 $ 49,262,816 $ 164,438,602 $ 3,542,608 $ 160,895,995 $ 89,733,521 0.0053 $ 475,588 $ 47,559 $ 428,029 2027 $ 42,238,398 $ 78,290,040 $ 120,528,438 $ 15,500,000 $ 67,225,956 $ 187,754,394 $ 3,719,738 $ 184,034,656 $ 112,872,182 0.0053 $ 598,223 $ 50,000 $ 548,223 2028 $ 43,927,934 $ 82,204,542 $ 126,132,476 $ 50,500,000 $ 121,087,254 $ 247,219,730 $ 3,905,725 $ 243,314,005 $ 172,151,531 0.0053 $ 912,403 $ 50,000 $ 862,403 2029 $ 45,685,051 $ 86,314,769 $ 131,999,820 $ 45,500,000 $ 172,641,617 $ 304,641,437 $ 4,101,011 $ 300,540,426 $ 229,377,952 0.0053 $ 1,215,703 $ 50,000 $ 1,165,703 2030 $ 47,512,453 $ 90,630,507 $ 138,142,961 $ 25,500,000 $ 206,773,698 $ 344,916,658 $ 4,306,062 $ 340,610,596 $ 269,448,122 0.0053 $ 1,428,075 $ 50,000 $ 1,378,075 2031 $ 49,412,952 $ 95,162,033 $ 144,574,984 $ 45,500,000 $ 262,612,383 $ 407,187,367 $ 4,521,365 $ 402,666,002 $ 331,503,528 0.0053 $ 1,756,969 $ 50,000 $ 1,706,969 2032 $ 51,389,470 $ 99,920,134 $ 151,309,604 $ 500,000 $ 276,243,002 $ 427,552,606 $ 4,747,433 $ 422,805,172 $ 351,642,698 0.0053 $ 1,863,706 $ 50,000 $ 1,813,706 2033 $ 53,445,048 $ 104,916,141 $ 158,361,189 $ 15,500,000 $ 305,555,152 $ 463,916,341 $ 4,984,805 $ 458,931,536 $ 387,769,062 0.0053 $ 2,055,176 $ 50,000 $ 2,005,176 2034 $ 55,582,850 $ 110,161,948 $ 165,744,798 $ 35,500,000 $ 356,332,909 $ 522,077,708 $ 5,234,045 $ 516,843,662 $ 445,681,188 0.0053 $ 2,362,110 $ 50,000 $ 2,312,110 2035 $ 57,806,164 $ 115,670,045 $ 173,476,210 $ 25,500,000 $ 399,649,555 $ 573,125,765 $ 5,495,748 $ 567,630,017 $ 496,467,543 0.0053 $ 2,631,278 $ 50,000 $ 2,581,278 2036 $ 60,118,411 $ 121,453,548 $ 181,571,958 $ 500,000 $ 420,132,033 $ 601,703,991 $ 5,770,535 $ 595,933,456 $ 524,770,982 0.0053 $ 2,781,286 $ 50,000 $ 2,731,286 2037 $ 62,523,147 $ 127,526,225 $ 190,049,372 $ 500,000 $ 441,638,634 $ 631,688,007 $ 6,059,062 $ 625,628,945 $ 554,466,471 0.0053 $ 2,938,672 $ 50,000 $ 2,888,672 2038 $ 65,024,073 $ 133,902,536 $ 198,926,609 $ 500,000 $ 464,220,566 $ 663,147,175 $ 6,362,015 $ 656,785,161 $ 585,622,687 0.0053 $ 3,103,800 $ 50,000 $ 3,053,800 2039 $ 67,625,036 $ 140,597,663 $ 208,222,699 $ 500,000 $ 487,931,594 $ 696,154,294 $ 6,680,116 $ 689,474,178 $ 618,311,704 0.0053 $ 3,277,052 $ 50,000 $ 3,227,052 2040 $ 70,330,038 $ 147,627,546 $ 217,957,584 $ 500,000 $ 512,828,174 $ 730,785,758 $ 7,014,121 $ 723,771,636 $ 652,609,162 0.0053 $ 3,458,829 $ 50,000 $ 3,408,829 2041 $ 73,143,239 $ 155,008,923 $ 228,152,163 $ 500,000 $ 538,969,583 $ 767,121,745 $ 7,364,827 $ 759,756,918 $ 688,594,444 0.0053 $ 3,649,551 $ 50,000 $ 3,599,551 $ 310,000,000 $ 35,085,665 $ 855,283 $ 34,230,382 Page 307 Northern Gateway District Revenue Model Assumptions Land Values inflate at 8% per year for 5 years(consistent with recent assessed value history)then at 4%for remainder of the Plan term Improvement Values inflate at 10% per year for 5 years (consistent with recent assessed value history)then at 5%for remainder of the Plan term Tax rate reduced by 10%from 2020 certified rate then held constant for the remainder of the Plan term Homeowners' Property Tax Exemption increases at 5% per year Revenue Allocation proceeds flow to the District in the year after Certificate of Occupancy(C.O.) Unincorporated area taxable investment estimated at: (uninflated cost estimate) $30,000,000 with C.O. in 2024 $15,000,000 with C.O in 2026 $15,000,000 with C.O. in 2030 $15,000,000 with C.O. in 2031 $15,000,000 with C.O. in 2034 Potential Development Projects within District based upon staff discussions with Developers(Total Taxable Investment @ $210,000,000) Value estimates based upon 2021 projects in Meridian Project A- Phase 1: C.O. in 2025" $15,000,000 Project A- Phase 2: C.O. in 2027^ $30,000,000 Project B: C.O. in 2027-$20,000,000 Project C- Phase 1: C.O. in 2028-$15,000,000 Project C- Phase 2: C.O. in 2030-$30,000,000 Project D- Phase 1: C.O. in 2028-$30,000,000 Project D- Phase 2: C.O. in 2029- 10,000,000 Project D- Phase 3: C.O. in 2033-$20,000,000 Project E: C.O. in 2032^ $15,000,000 Project F: C.O. in 2035^ 25,000,000 Other properties within District will generate $500,000 in taxable investment annually Minimum of 10%of annual revenue allocation yield will be paid to the Meridian Development Corporation for administrative costs Balance of Revenue Allocation yield will be available for capital investment and program expenses Notes Note 1: (Non-equalized) 2021 Assessed Values Used in forecast. Note 2: MDC will receive revenue allocation funds in 2042, but that amount has not been considered in determining economic feasibility. Note 3: The 17 acre parcel at Meridian Road and Cherry is currently outside the city limits but is seeking annexation. Note 4: It is anticipated that the annexation will be completed prior to plan adoption Page 308 Item#12. Northern Gateway District Cash Flow Analysis A B C D E F G H I J K L 1 2 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 3 Beainnina Balance $ $ 75,000 $ 88,172 $ 68,002 $ 18,303 $ 39,744 $ 65,332 $ 63,555 $ 75,958 $ 241,661 $ 119,736 4 Isource of Funds 5 Total Revenue Allocation $ $ 38,172 $ 79,830 $ 125,301 $ 333,941 $ 475,588 $ 598,223 $ 912,403 $ 1,215,703 $ 1,428,075 $ 1,756,969 6 MDC Inter-District Loan* $ 75,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - 7 Total Funds Available $ 75,000 $ 113,172 $ 168,002 $ 193,303 $ 352,244 $ -915,332 $ 663,555 $ 975,958 $ 1,291,661 $ 1,669,736 $ 1,876,705 8 9 Use of Funds 10 District Operating Expenses $ - $ 25,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 11 Repay Inter-District Loan @ 5% $ $ - $ 50,000 $ 50,000 $ 12,500 $ - $ - $ - $ - $ - $ - 12 Capital&Program Expenses $ - $ - $ 75,000 $ 250,000 $ 400,000 $ 550,000 $ 850,000 $ 1,000,000 $ 1,500,000 $ 1,700,000 13 Total Use of Funds $ $ 25,000 $ 100,000 $ 175,000 $ 312,500 $ 450,000 $ 600,000 $ 900,000 $ 1,050,000 $ 1,550,000 $ 1,750,000 14 Ending Balance $ 75,000 $ 88,172 $ 68,002 $ 18,303 $ 39,744 $ 65,332 $ 63,555 $ 75,958 $ 241,661 $ 119,736 $ 126,705 15 16 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 Total 17 Beginning Balance $ 126,705 $ 140,411 $ 145,587 $ 157,697 $ 138,975 $ 170,261 $ 158,933 $ 112,733 $ 139,785 $ 148,614 18 Source of Funds 19 Total Revenue Allocation $ 1,863,706 $ 2,055,176 $ 2,362,110 $ 2,631,278 $ 2,781,286 $ 2,938,672 $ 3,103,800 $ 3,277,052 $ 3,458,829 $ 3,649,551 $ 35,085,665 20 MDC Inter-District Loan $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 75,000 21 Total Funds Available $ 1,990,411 $ 2,195,587 $ 2,507,697 $ 2,788,975 $ 2,920,261 $ 3,108,933 $ 3,262,733 $ 3,389,785 $ 3,598,614 $ 3,798,165 $ 35,160,665 22 23 Use of Funds 24 District Operating Expenses $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 975,000 25 Repay Inter-district Loan @ 5% $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 112,500 26 Capital&Program Expenses $ 1,800,000 $ 2,000,000 $ 2,300,000 $ 2,600,000 $ 2,700,000 $ 2,900,000 $ 3,100,000 $ 3,200,000 $ 3,400,000 $ 3,600,000 $ 33,925,000 27 Total Use of Funds $ 1,850,000 $ 2,050,000 $ 2,350,000 $ 2,650,000 $ 2,750,000 $ 2,950,000 $ 3,150,000 $ 3,250,000 $ 3,450,000 $ 3,650,000 $ 35,012,500 28 Ending Balance $ 140,411 $ 145,587 $ 157,697 $ 138,975 $ 170,261 $ 1-98,933 $ 112,733 $ 139,785 $ 148,614 $ 148,165 29 30 Assumptions 31 Initial District Start-up costs supported by MDC Inter-district Loan of$75,000 to be repaid at 5%Interest 32 A minimum of 10%of annual TIF yield dedicated to Meridian Development Corporation for District operating Expenses,capped at$50,000,Yr. 33 Land Values will increase at an average of 8%annually for 5 years then at 4%over the remaining life of the District 34 Improvement Values will increase at a rate of 10%for 5 years then at 5%over the remaining life of the District 35 Includes $90,000,000 in taxable investment on the property currently located in unincorporated Ada County but will be annexed to the City of Meridian prior to development Page 309 Item#12. Attachment 6 Agricultural Operation Consent 4837-9029-4001,v.7 Page 310 Item#12. AGRICULTURAL OPERATION CONSENT FORM COMES NOW Doug Tamura, Member of Kobe, LLC, an Idaho limited liability company ("Kobe, LLC"), and states that Kobe, LLC owns that certain property generally described as Parcel Identification Number S 1201449707 in the real property records of Ada County, Idaho,and more particularly described on Exhibit A attached hereto and incorporated herein by reference (the"Property"), and hereby certifies: (1) that the Property has been used,within the last three (3)years, as an agricultural operation; and (2) that the undersigned has reviewed the materials provided in Exhibit B, and has had an opportunity to review the urban renewal eligibility report, dated May 2021, entitled Northern Gateway Urban Renewal District(Proposed) Eligibility Report,prepared by Kushlan Associates and as attached hereto as Exhibit C. Further, Doug Tamura, Member of Kobe, LLC, an Idaho limited liability company, hereby provides his consent and approval that the subject Property may be included within a proposed urban renewal area and may be deemed appropriate for inclusion within an urban renewal project area as defined by the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended, and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended, as the property possesses certain characteristics of eligibility. td DATED this Aao day of , 2021. Kobe L GAL Na : DotA Tamura Title: Meniber Page 311 Item#12. STATE OF IDAHO ) ) ss: County of Ada ) This record was acknowledged before me on Z (date) by Doug Tamura on behalf of Kobe, LLC in his capacity as its Member. (stamp) ••���....•..�•� Notary Public , r•.•., q1D wkq� ti My Commission Expires on 17, •'C�'ItY AUe'•. 't 4u•err S (�•. $X : OF ��P•'• Page 312 Item#12. EXHIBIT A PARCEL NUMBER S1201449707 ADDRESS 104 W. Cherry,Meridian, ID 83642 DESCRIPTION PAR 49707 @ SE COR SE4SE4 SEC 1 3N 1 W #449705-B Ll ioo Dap va°pnp a _ aoop ❑v❑ o ; I i `I I o a ❑C,,�°a n ` J11111 ° p ° pa OOO no v p°apo p ° p o p ° . p ❑OpOpv O ° a p p r o v a o o cocoa p v o ° o D ° 4 la ° ° a o ° o ° N a v ° ° ° ° �+ p ° v t v a ° ° p ° O p ° Yy i±erry n - E Fairview Ave z F LJ r F _ To ve n -- e n" IL F�R -9 Page 313 Item#12. EXHIBIT B EXCERPTS OF STATUTES IDAHO CODE §§ 50-2018(8) AND (9) (8) "Deteriorated area" shall mean an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare. Provided however, this definition 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 or to any forest land as defined in section 63- 1701 (4) , Idaho Code, absent the consent of the forest landowner, as defined in section 63-1701 (5) , Idaho Code, except for an agricultural operation or forest land that has not been used for three (3) consecutive years . (9) "Deteriorating area" shall mean an area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use; provided, that if such deteriorating area consists of open land the conditions contained in the proviso in section 50-2008 (d) , Idaho Code, shall apply; and provided further, that any disaster area referred to in section 50-2008 (g) , Idaho Code, shall constitute a deteriorating area. Provided however, this definition 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 or to any forest land as defined in section 63-1701 (4) , Idaho Code, absent the consent of the forest landowner, as defined in section 63- 1701 (5) , Idaho Code, except for an agricultural operation or forest land that has not been used for three (3) consecutive years . Page 314 Item#12. IDAHO CODE § 50-2008 50-2008 . PREPARATION AND APPROVAL OF PLAN FOR URBAN RENEWAL PROJECT. (a) An urban renewal project for an urban renewal area shall 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 a combination thereof and designated such area as appropriate for an urban renewal project. (b) An urban renewal agency may itself prepare or cause to be prepared an urban renewal plan, or any person or agency, public or private, may submit such a plan to an urban renewal agency. Prior to its approval of an urban renewal project, the local governing body shall submit such plan to the planning commission of the municipality, if any, for review and recommendations as to its conformity with the general plan for the development of the municipality as a whole. The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the local governing body within sixty (60) days after receipt of the plan for review. Upon receipt of the recommendations of the planning commission, or if no recommendations are received within said sixty (60) days, then without such recommendations, the local governing body may proceed with the hearing on the proposed urban renewal project prescribed by subsection (c) hereof. (c) The local governing body shall hold a public hearing on an urban renewal project, after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the municipality. The notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the plan, and shall outline the general scope of the urban renewal project under consideration. (d) Following such hearing, the local governing body may approve an urban renewal project and the plan therefor if it finds that (1) a feasible method exists for the location of families who will be displaced from the urban renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan conforms to the general plan of the municipality as a whole; (3) the urban renewal plan gives due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the plan; and (4) 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 Page 315 Item#12. 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. (e) An urban renewal plan may be modified at any time: Provided that if modified after the lease or sale by the urban renewal agency of real property in the urban renewal project area, such modification may be conditioned upon such approval of the owner, lessee or successor in interest as the urban renewal agency may deem advisable and in any event shall be subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in interest, may be entitled to assert. (f) Upon the approval by the local governing body of an urban renewal plan or of any modification thereof, such plan or modification shall be deemed to be in full force and effect for the respective urban renewal area, and the urban renewal agency may then cause such plan or modification to be carried out in accordance with its terms . (g) Notwithstanding any other provisions of this act, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the governor of the state has certified the need for disaster assistance under 42 U. S.C. section 5121, or other federal law, the local governing body may approve an urban renewal plan and an urban renewal project with respect to such area without regard to the provisions of subsection (d) of this section and the provisions of this section requiring a general plan for the municipality and a public hearing on the urban renewal project. (h) Any urban renewal plan containing a revenue allocation financing provision shall include the information set forth in section 50-2905, Idaho Code. Page 316 Item#12. IDAHO CODE §50-2903(8) (8) "Deteriorated area" means : (a) Any area, including a slum area, in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare. (b) Any area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, results in economic underdevelopment of the area, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use. (c) Any area which is predominately open and which because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality. The provisions of section 50-2008 (d) , Idaho Code, shall apply to open areas . (d) Any area which the local governing body certifies is in need of redevelopment or rehabilitation as a result of a flood, storm, earthquake, or other natural disaster or catastrophe respecting which the governor of the state has certified the need for disaster assistance under any federal law. (e) Any area which by reason of its proximity to the border of an adjacent state is competitively disadvantaged in its ability to attract private investment, business or commercial development which would promote the purposes of this chapter. (f) "Deteriorated area" does not mean not developed beyond agricultural, or any agricultural operation as defined in section 22- 4502 (1) , Idaho Code, or any forest land as defined in section 63- 1701 (4) , Idaho Code, unless the owner of the agricultural operation or the forest landowner of the forest land gives written consent to be included in the deteriorated area, except for an agricultural operation or forest land that has not been used for three (3) consecutive years . Page 317 Item#12. EXHIBIT C ELIGIBILITY REPORT 4837-6502-2952,v. 1 Page 318 Item#12. C%"M- 1E N 1 �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 319 Item#12. 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 320 Item#12. Staff: Urban Renewal Administrator: Ashley Squyres Legal Counsel: Todd Lakey Map of the Downtown District (excluding shaded area) W CHERRY LN E 7AIF VIEW AVE F z rr 1 M BE4MG 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' L4 5 M3679'E 464.82' o L.5 5 0I 22 54"W 976,24' L6 N A'301 W 831.04' 11 M A 71 z T WPINE AVE E PINE AVE L4 W IDAHOAVE L2 W BROADWAY AVE -" J �„ " •;•-:: RAIL ROAD L5 aQ� 6 tsl�'L��1 W FRANKLIN RD CO,9 ly 9¢��'�3"� 12, 7 E FRANICUN RD 1zs.Iz 13�3s - M m � p O z ❑ 77 � rn 11574 Aid � I O BE&r. N TS INTERSTATE 84 3 Page Page 321 Item#12. 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. M r { h"96°3tYl9"1V 831.i}4' I � t f 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 � 208 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 Page Page 322 Item#12. 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 323 Item#12. 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 324 Item#12. 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 325 Item#12. 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 326 Item#12. 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 327 Item#12. • 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 328 Item#12. 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 329 Item#12. 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 330 Item#12. 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 331 Item#12. 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 332 Item#12. 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 333 Item#12. 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 334 Item#12. 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 335 Item#12. 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 336 Item#12. 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 $1,037,583,780 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 337 Item#12. ATTACHMENT i (Parcel Information) 4852-0604-1321,v. 6 201Page Page 338 Item#12. Parcel Number Site Address Lot size Lot Size Sq Zoning Total Land Assessed Total Improvement Total Taxable Homeowners Net Taxable Acres Feet Value Assessed Value Exemption Value R6129020781 35 East Fairview Avenue 1.78 77406 Com Bus $ 967,600 $ 1,714,000 $ 2,681,600 $ $ 2,681,600 R6129020742 1615 N Main St 0.36 15812 Com Misc $ 189,700 $ 126,300 $ 316,000 $ $ 316,000 R6129020725 1603 N Main 0.68 29708 Com Bus $ 356,500 $ 44,400 $ 400,900 $ $ 400,900 R6129020670 1635 N Main 0.59 25700 Com Misc $ 308,400 $ 581,100 $ 889,500 $ $ 889,500 R6129020650 1519 N Main Street 0.72 31363 1 Com Misc $ 282,300 $ 111,400 $ 393,700 $ $ 393,700 R6129020611 1508 N Meridian RD 0.53 23087 Com Bus $ 127,300 $ 156,100 $ 283,400 $ $ 283,400 R6129020520 1434 N Meridian Rd 0.26 11238 Com Misc $ 112,400 $ 172,800 $ 285,200 $ $ 285,200 R6129020540 1428 N Meridian Rd 0.2 8712 Com Bus $ 91,400 $ 121,200 $ 212,600 $ $ 212,600 R6129020490 1422 N Meridian Rd 0.2 8712 Com Bus $ 91,400 $ 173,200 $ 264,600 $ $ 264,600 R6129020500 1423 N Main St 0.31 13504 Com Misc $ 121,500 $ 187,300 $ 308,800 $ $ 308,800 R6129020510 1414 N Meridian Rd 0.14 6184 Com Bus $ 79,500 $ 135,200 $ 214,700 $ $ 214,700 R6129020532 1402 N Meridian Rd 0.28 12284 Com Bus $ 96,400 $ 132,700 $ 229,100 $ $ 229,100 R6129020560 1332 N Meridian Rd 0.64 28096 Com Bus $ 210,700 $ - $ 210,700 $ $ 210,700 R6129020360 1324 N Meridian Rd 0.4 17424 Com Bus $ 115,100 $ 244,600 $ 359,700 $ 100,000 $ 259,700 R6129020330 1308 N Meridian Rd 0.22 9583 Com Misc $ 105,400 $ 5,100 $ 110,500 $ - $ 110,500 R6129020311 N Meridian Rd 0.07 2919 Com Misc $ 32,100 $ - $ 32,100 $ - $ 32,100 R6129020300 1304 N Meridian Rd 0.2 8712 Com Bus $ 91,400 $ 140,500 $ 231,900 $ 100,000 $ 131,900 R6129020295 1234 N Meridian Rd 0.68 29839 Com Bus $ 145,500 $ 118,700 $ 264,200 $ - $ 264,200 R8193140010 1220 N Meridian RD 0.39 16945 Com Misc $ 152,500 $ 332,400 $ 484,900 $ - $ 484,900 R6129020167 16 E.Washington Ave 0.23 9975 R-15 $ 86,300 $ 165,000 $ 251,300 $ 100,000 $ 151,300 R6129020180 26 E Washington Ave 0.24 10454 R-15 $ 91,400 $ 108,600 $ 200,000 $ 100,000 $ 100,000 R6129020195 38 E Washington Ave 0.16 6970 R-15 $ 82,900 $ 147,700 $ 230,600 $ 82,276 $ 148,324 R6129020205 46 E Washington 0.16 6970 R-15 $ 82,900 $ 8,900 $ 91,800 $ - $ 91,800 R6129020215 1203 N Main Street 0.4 17424 Com Misc $ 191,700 $ 82,600 $ 274,300 $ $ 274,300 R8193140020 1225 N Main Street 0.44 19123 Old Town $ 115,100 $ 215,000 $ 330,100 $ $ 330,100 R6129020260 1233 N Main Street 0.22 9583 Com Misc $ 95,800 $ 210,100 $ 305,900 $ $ 305,900 R6129020320 1303 N Main Street 0.29 12632 Com Misc $ 126,300 $ 64,200 $ 190,500 $ $ 190,500 R6129020315 1311 N Main Street 0.54 23653 Com Misc $ 236,500 $ 164,200 $ 400,700 $ $ 400,700 R6129020341 1323 N Main Street 0.64 27878 Com Misc $ 278,600 $ 231,400 $ 510,000 $ 100,000 $ 410,000 R6129020370 1335 N Main Street 0.14 6098 Com Misc $ 61,000 $ 167,600 $ 228,600 $ - $ 228,600 R6129020385 1403 Nmain Street 0.52 22521 Com Misc $ 225,200 $ 100,000 $ 325,200 $ $ 325,200 R6129020431 1409 N Main Street 0.23 10019 Com Misc $ 100,200 $ 101,500 $ 201,700 $ $ 201,700 R6129020450 N Main Street 0.27 11761 Com Misc $ 105,800 $ 9,000 $ 114,800 $ $ 114,800 R6129020420 N Main Street 0.3 13068 Com Misc $ 130,700 $ - $ 130,700 $ $ 130,700 R6129020400 1423 N Main St 0.32 13939 Com Misc $ 139,400 $ 227,400 $ 366,800 $ $ 366,800 R6129020570 1515 N Main St 0.52 22651 Com Misc $ 226,500 $ 143,400 $ 369,900 $ $ 369,900 S110722327O 1682 N Main St 0.92 40075 Com Misc $ 521,000 $ 493,200 $ 1,014,200 $ $ 1,014,200 S110722328O 1626 N Main St 0.89 38768 Com Misc $ 310,100 $ 981,000 $ 1,291,100 $ $ 1,291,100 S1107223268 207 E Fairview Ave 1.1 48134 Com Misc $ 575,600 $ 477,600 $ 1,053,200 $ $ 1,053,200 S11072232OO 1600 N Main St 2.72 118483 Com Bus $ 947,900 $ 2,836,200 $ 3,784,100 $ $ 3,784,100 S110722335O 1518 N Main St 0.62 27007 Com Misc $ 270,100 $ 640,200 $ 910,300 $ $ 910,300 S110722337O 1510 N Main St 0.28 12197 Com Misc $ 122,000 $ 216,800 $ 338,800 $ $ 338,800 S110722338O 1504 N Main St 0.25 10890 Com Misc $ 108,900 $ 79,700 $ 188,600 $ $ 188,600 S1107223400 1420 N Main St 0.35 15246 Com Misc $ 152,500 $ 103,300 $ 255,800 $ $ 255,800 S1107223420 1412 N Main St 0.35 15246 Com Misc $ 152,500 $ 189,600 $ 342,100 $ $ 342,100 S1107223435 1406 N Main St 0.72 31363 Com Bus $ 282,300 $ 1,135,600 $ 1,417,900 $ $ 1,417,900 S1107223480 1404 N Main St 0.35 15246 Com Bus $ 152,500 $ 839,100 $ 991,600 $ $ 991,600 S11072235OO 1332 N Main St 0.35 15246 Com Bus $ 152,500 $ 147,400 $ 299,900 $ $ 299,900 S1107223510 1326 N Main St 0.35 15246 Com Bus $ 152,500 $ 145,700 $ 298,200 $ $ 298,200 S1107223520 1320 N Main St 0.35 15246 Com Bus $ 97,100 $ 81,800 $ 178,900 $ $ 178,900 S1107223530 1310 N Main St 0.35 15246 Com Bus $ 152,500 $ 136,400 $ 288,900 $ $ 288,900 S1107223599 1302 N Main St 0.51 22216 R-15 $ 222,200 $ 320,800 $ 543,000 $ $ 543,000 S110722316O 1435 NE 2nd 1/2 Street 0.32 13939 Old Town $ 97,600 $ - $ 97,600 $ $ 97,600 S110722315O 1431 NE 2nd 1/2 Street 0.32 13939 Old Town $ 97,100 $ $ 97,100 $ $ 97,100 S1107223125 1421 NE 2nd 1/2 Street 0.18 7841 Old Town $ 81,500 $ $ 81,500 $ $ 81,500 S11072231O0 1421 NE 2nd 1/2 Street 0.48 21127 Old Town $ 147,900 $ $ 147,900 $ $ 147,900 S1107223O90 1411 NE 2nd 1/2 Street 0.06 2744 Old Town $ 19,200 $ $ 19,200 $ $ 19,200 S1107223O85 1411 NE 2nd 1/2 Street 0.16 7187 Old Town $ 50,300 $ $ 50,300 $ $ 50,300 S1107223O82 1403 NE 2nd 1/2 Street 0.15 6534 Old Town $ 45,700 $ $ 45,700 $ $ 45,700 S1107223O8O 1403 NE 2nd 1/2 Street 0.24 10280 Old Town $ 72,000 $ $ 72,000 $ $ 72,000 S1107223O7O 1349 NE 2nd 1/2 Street 0.49 21344 Old Town $ 149,400 $ $ 149,400 $ $ 149,400 S1107223O65 NE 2nd 1/2 Street 0.35 15290 Old Town $ 107,000 $ $ 107,000 $ $ 107,000 S1107223O55 1331 NE 2nd 1/2 Street 0.25 10890 R-15 $ 92,600 $ $ 92,600 $ $ 92,600 S1107223O4O 1323 NE 2nd 1/2 Street 0.33 14375 R-15 $ 122,200 $ $ 122,200 $ $ 122,200 S1107223O30 1313 NE 2nd 1/2 Street 0.33 14375 R-15 $ 97,100 $ 94,400 $ 191,500 $ $ 191,500 S1107223O20 1305 NE 2nd 1/2 Street 0.33 14375 R-15 $ 97,100 $ 74,700 $ 171,800 $ $ 171,800 S1107223O1O 1237 NE 2nd 1/2 Street 0.33 14375 R-15 $ 97,100 $ - $ 97,100 $ $ 97,100 R7745460030 1225 NE 2nd 1/2 Street 1.35 58719 L-0 $ - $ $ - $ $ - R7745460040 1175 NE 2nd 1/2 Street 0.22 9409 L-0 $ $ $ $ $ - R7745460020 1153 NE 2nd 1/2 Street 0.53 23087 R-15 $ $ $ $ $ R7745460010 200 E Carlton Ave 1.32 57281 L-0 $ $ $ $ $ R6129010210 211 E Carlton Ave 0.32 13939 Old Town $ $ $ $ $ - R1578000275 211 E Carlton Ave 0.14 6098 Old Town $ $ $ $ $ R1578000280 1029 NE Third St. 0.28 12197 Old Town $ 96,400 $ 259,900 $ 356,300 $ 100,000 $ 256,300 R1578000262 1013 NE Third Ave 0.15 Old Town $ 79,500 $ 183,900 $ 263,400 $ - $ 2 R1578000264 234 E State Street 0.12 Old Town $ 71,100 $ 171,900 $ 243,000 $ - $ 2 page 339 Item#12. Parcel Number Site Address Lot size Lot Size Sq Zoning Total Land Assessed Total Improvement Total Taxable Homeowners Net Taxable Acres Feet Value Assessed Value Exemption Value R1578000270 226 E State Ave 0.14 6098 Old Town $ 79,500 $ 153,300 $ 232,800 $ 100,000 $ 132,800 R6129010205 216 E State Ave 0.08 3485 Old Town $ 71,100 $ 77,100 $ 148,200 $ - $ 148,200 R6129010195 206 E State Ave 0.16 6970 old Town $ 82,900 $ 112,200 $ 195,100 $ $ 195,100 R6129010190 1014 NE 2nd St 0.08 3485 Old Town $ S5,000 $ 109,700 $ 164,700 $ $ 164,700 R6129010170 211 E State Ave 0.32 1 13939 Old Town $ 102,800 $ 50,100 $ 152,900 $ $ 152,900 R1578000242 221 E State Ave 0.19 8276 Old Town $ 86,300 $ 169,500 $ 255,800 $ 100,000 $ 155,800 R1578000246 E State St 0.16 6970 Old Town $ 82,900 $ 5,000 $ 87,900 $ - $ 87,900 71578000251 237 E State Ave 0.18 7841 Old Town $ - $ - $ - $ - $ - R1578000220 238 E Pine Ave 0.14 6098 Old Town $ 75,300 $ 134,500 $ 209,800 $ 100,000 $ 109,800 71578000225 232 E Pine Ave 0.1 4356 Old Town $ 71,100 $ 94,400 $ 165,500 $ - $ 165,500 R1578000230 226 E Pine Ave 0.1 4356 old Town $ 71,100 $ 127,500 $ 198,600 $ 100,000 $ 98,600 R1578000235 220 E Pine Ave 0.11 4792 Old Town $ 75,300 $ 104,300 $ 179,600 $ - $ 179,600 R6129000160 214 E Pine Ave 0.22 9365 old Town $ 91,400 $ 133,600 $ 225,000 $ $ 225,000 76129000150 914 NE 2nd St 0.16 6970 Old Town $ 79,500 $ 121,500 $ 201,000 $ $ 201,000 R5672000940 211 E Pine Ave 0.42 18208 old Town $ 163,900 $ 538,600 $ 702,500 $ $ 702,500 R7596000010 235 E Pine Ave 0.53 23217 Old Town $ - $ - $ - $ $ - R7596000040 240 E Idaho Ave 0.47 20473 old Town $ - $ $ $ $ R5672000915 800 NE 2nd St 0.32 13939 Old Town $ $ $ $ $ S1107244450 1108 NE 2nd 1/2 St 3.55 154725 R-15 $ $ $ $ $ - S1107244600 1210 NE 2nd 1/2St 0.39 16988 R-15 $ 97,100 $ 50,400 $ 147,500 $ $ 147,500 S1107244572 272 E Washington Ave 0.23 9975 R-15 $ 86,300 $ 91,500 $ 177,800 $ 100,000 $ 77,800 S1107244550 302 E Washington Ave 0.36 15812 R-15 $ 102,800 $ 78,200 $ 181,000 $ - $ 181,000 S1107244500 312 E Washington Ave 0.48 21083 R-15 $ 115,100 $ 81,900 $ 197,000 $ 100,000 $ 97,000 S1107244425 358 E Washington Ave 0.22 9583 R-15 $ 91,400 $ 62,500 $ 153,900 $ 93,450 $ 60,450 S1107244410 372 E Washington Ave 0.44 19166 R-15 $ 115,100 $ 218,900 $ 334,000 $ - $ 334,000 S1107244400 1233 NE 4th St 1.08 47045 R-15 $ 235,200 $ 981,300 $ 1,216,500 $ $ 1,216,500 S1107244650 1226 NE 2nd 1/2 St 0.36 15551 Old Town $ 77,800 $ 277,000 $ 354,800 $ $ 354,800 R8533900020 123 NE 2nd 1/2 St 0.17 7536 R-15 $ 82,900 $ 219,200 $ 302,100 $ $ 302,100 R5518460010 NE 2nd 1/2 St 0.5 21562 R-15 $ - $ - $ - $ $ - R5518460030 1260 NE 2nd 1/2 St 0 0 R-15 $ $ 119,900 $ 119,900 $ $ 119,900 R5518460050 1266 NE 2nd 1/2 St 0 0 R-15 $ $ 113,700 $ 113,700 $ $ 113,700 R5518460060 1278 NE 2nd 1/2 St 0 0 R-15 $ $ 121,200 $ 121,200 $ $ 121,200 R5518460080 1296 NE 2nd 1/2 St 0 0 R-15 $ $ 115,000 $ 115,000 $ $ 115,000 R5739800100 1304 NE 2nd 1/2 St 0.14 6098 R-15 $ 75,100 $ 109,500 $ 184,600 $ $ 184,600 R5739800010 1312 NE 2nd 1/2 St 0.25 10860 R-15 $ 86,300 $ 191,700 $ 278,000 $ $ 278,000 R5739800050 NE 3rd St 1.72 74923 R-15 $ 206,000 $ - $ 206,000 $ $ 206,000 R6492000005 1335 NE 4th St 0.31 13373 R-8 $ 97,100 $ - $ 97,100 $ $ 97,100 R6492000015 1330 NE 3rd St 0.14 6142 R-8 $ 75,100 $ 154,300 $ 229,400 $ $ 229,400 R6492000045 1331 NE 3rd St 0.14 6142 R-8 $ 75,100 $ 154,300 $ 229,400 $ $ 229,400 R6492000055 1328 NE 2nd 1/2 St 0.35 15246 R-8 $ 97,100 $ 161,900 $ 259,000 $ 100,000 $ 159,000 R6492000065 1334 NE 2nd 1/2 St 0.14 6098 R-8 $ 75,100 $ 154,300 $ 229,400 $ - $ 229,400 R6492000075 206 E Badley Ave 0.18 7841 R-8 $ 81,500 $ 146,400 $ 227,900 $ $ 227,900 R6492000085 1335 NE 3rd St 0.14 6098 R-8 $ 75,100 $ 154,300 $ 229,400 $ $ 229,400 R6492000025 1336 NE 3rd St 0.14 6098 R-8 $ 75,100 $ 154,300 $ 229,400 $ $ 229,400 R6492000036 371 E Badley Ave 0.16 7144 R-8 $ 78,300 $ 137,600 $ 215,900 $ 100,000 $ 115,900 R6492000037 399 E Badley Ave 0.16 7144 R-8 $ 78,300 $ 156,300 $ 234,600 $ 100,000 $ 134,600 R1366010075 1410 NE 2nd 1/2 St 0.26 11326 R-8 $ 91,100 $ 131,400 $ 222,500 $ 100,000 $ 122,500 R1366010080 276 E Badley Ave 0.26 11326 R-8 $ 91,100 $ 194,100 $ 285,200 $ 100,000 $ 185,200 R1366010070 1420 NE 2nd 1/2 St 0.38 16727 R-8 $ 103,100 $ 173,500 $ 276,600 $ 100,000 $ 176,600 R1366010062 1432 NE 2nd 1/2 St 0.15 6534 R-8 $ 75,100 $ 130,300 $ 205,400 $ - $ 205,400 R1366010060 301 E Gruber Ave 0.11 4748 R-8 $ 67,100 $ 105,400 $ 172,500 $ - $ 172,500 R1366010065 303 E Gruber Ave 0.4 17293 R-8 $ 103,100 $ 169,400 $ 272,500 $ 100,000 $ 172,500 S1107212707 403 E Fairview Ave 7.64 332886 R-8 $ 1,952,900 $ 2,191,500 $ 4,144,400 $ - $ 4,144,400 R1366010020 302 E Gruber Ave 2.29 99752 R-40 $ 498,800 $ 3,829,900 $ 4,328,700 $ - $ 4,328,700 R1366010013 1620 NE 2nd 1/2 St 0.25 11021 R-8 $ 76,100 $ 108,900 $ 185,000 $ 100,000 $ 85,000 R1366010015 225 E Fairview Ave 0.3 12937 R-8 $ 129,400 $ 232,100 $ 361,500 $ - $ 361,500 R1366010005 227 E Fairview Ave 0.21 9191 CG $ 110,300 $ 130,900 $ 241,200 $ $ 241,200 S1107212556 519 E Fairview Ave 1.44 62639 C-G $ 626,400 $ 1,001,200 $ 1,627,600 $ $ 1,627,600 S1106346911 412 E Fairview Ave 0.46 20038 C-G $ 152,500 $ 149,400 $ 301,900 $ $ 301,900 S1106346900 400 E Fairview Ave 0.63 27443 C-G $ 237,300 $ 126,100 $ 363,400 $ $ 363,400 S1106346834 360 E Fairview Ave 0.47 20473 C-G $ 143,800 $ 439,400 $ 583,200 $ $ 583,200 S1106346832 300 E Fairview Ave 1.24 54014 C-G $ 480,900 $ 836,700 $ 1,317,600 $ $ 1,317,600 S1106346750 220 E Fairview Ave 0.75 32670 C-G $ 257,900 $ 176,500 $ 434,400 $ $ 434,400 S1106346540 216 E Fairview Ave 0.8 34848 C-G $ 290,100 $ 618,200 $ 908,300 $ $ 908,300 S1106336530 210 E Fairview Ave 1.75 76230 C-G $ 686,100 $ 1,541,100 $ 2,227,200 $ $ 2,227,200 S1106336410 200 E Fairview Ave 0.38 16553 C-G $ 165,500 $ 213,300 $ 378,800 $ $ 378,800 S1106336401 132 E Fairview Ave 1.46 63554 C-G $ 572,000 $ 484,700 $ 1,056,700 $ $ 1,056,700 R8956180200 34 E Fairview Ave 4.52 196717 C-G $ 1,672,100 $ 5,S60,000 $ 7,232,100 $ $ 7,232,100 R8956180100 14 E Fairview Ave 0.48 20952 C-G $ 314,300 $ - $ 314,300 $ $ 314,300 S1106336370 20 E Fairview Ave 3.85 167837 C-G $ 1,426,600 $ 2,518,900 $ 3,945,500 $ $ 3,945,500 S1106336197 1830 N Meridian Rd 1 43560 C-G $ 290,800 $ 891,000 $ 1,181,800 $ $ 1,181,800 S1106336086 55 E Carmel Dr 1.11 48352 C-G $ - $ - $ - $ $ - S1106336200 255 E Carmel Dr 4 174240 C-G $ 609,800 $ $ 609,800 $ $ 609,800 S1201449707 104 W Cherry Ln 17.64 768573 Ada RUT $ 27,S00 $ $ 27,500 $ $ 27,S00 $ 26,665,100 $ 44,343,600 $ 71,008,700 $ 2,175,726 $ 68,8 Page 340 Item#12. Exhibit 4 Summary of Ordinance No. 4849-8255-7437, v. 1 Page 341 Item#12. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. §50-901(A) CITY OF MERIDIAN ORDINANCE NO. 21- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, APPROVING THE (OPTION A) URBAN RENEWAL PLAN FOR THE NORTHERN GATEWAY DISTRICT URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS AND THE AFFECTED TAXING ENTITIES; PROVIDING SEVERABILITY; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: It is hereby found and determined that: (a) The Northern Gateway District Project Area as defined in the Northern Gateway District Plan is a deteriorated area or a deteriorating area as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law and Act. (b) The rehabilitation, conservation, development and redevelopment of the urban renewal area pursuant to the Northern Gateway District Plan are necessary in the interests of public health, safety, and welfare of the residents of the City. (c) There continues to be a need for the Agency to function in the City. (d) The Northern Gateway District Plan conforms to the City of Meridian Comprehensive Plan as a whole. (e) The Northern Gateway District Plan gives due consideration to the provision of adequate park and recreation areas and facilities that may be desirable for neighborhood improvement (recognizing the mixed-use components of the Plan and the need for overall public improvements), and shows consideration for the health, safety, and welfare of any children, residents, or businesses in the general vicinity of the urban renewal area covered by the Northern Gateway District Plan. (f) The Northern Gateway District Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation, development and redevelopment of the urban renewal area by private enterprises. ORDINANCE SUMMARY- I Page 342 Item#12. (g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the Northern Gateway District Plan provides a feasible method for relocation obligations of any displaced families residing within the Northern Gateway District Project Area. (h) The collective base assessment rolls for the revenue allocation areas under the Existing Project Areas, the Proposed Project Areas and the Northern Gateway District Project Area, do not exceed ten percent (10%) of the assessed values of all the taxable property in the City. (i) The Plan includes the requirements set forth in Idaho Code § 50-2905 with specificity. 0) The Northern Gateway District Plan is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes (if any), land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions. (k) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code section 50-2018(9) and Idaho Code section 50-2903(8)(f), does not include any agricultural operations for which the Agency has not received written consent. (1) The portion of the Northern Gateway District Project Area which is identified for non- residential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the Comprehensive Plan to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. (m) The portion of the Northern Gateway District Project Area which is identified for residential uses is necessary and appropriate as there is a shortage of housing of sound standards and design which is decent, safe and sanitary in the City; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the City. (n) The McFadden Property was timely annexed into the City and may be included within the boundaries of the Northern Gateway District Project Area. SECTION 2: The City Council finds that the Northern Gateway District Project Area does include a portion of open land, that the Agency may acquire any open land within the Northern Gateway District Project Area, and that the Northern Gateway District Project Area is planned to be redeveloped in a manner that will include both residential and nonresidential uses. Provided, however, the City Council finds that for the portions of the Northern Gateway District Project Area deemed to be "open land," the criteria set forth in the Law and Act have been met. ORDINANCE SUMMARY-2 Page 343 Item#12. SECTION 3: The City Council finds that one of the Northern Gateway District Plan objectives to increase the residential opportunity does meet the sound needs of the City and will provide housing opportunities in an area that does not now contain such opportunities, and the portion of the Northern Gateway District Project Area which is identified for nonresidential uses are necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of City's Comprehensive Plan, to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. SECTION 4: The Northern Gateway District Plan, a copy of which is attached hereto and marked as Exhibit 3 and made a part hereof by attachment,be, and the same hereby is, approved. As directed by the City Council, the City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the November 23, 2021, hearing and incorporate changes or modifications, if any. SECTION 5: The boundaries of the Northern Gateway District Project Area overlap the boundaries of the ACHD, which has the responsibility for the maintenance of roads and highways within the City. The Agency has negotiated an agreement with the ACHD pursuant to Idaho Code Section 50-2908(2)(a)(iv). SECTION 6: The City Council declares that nothing within the Northern Gateway District Plan is intended or shall be interpreted to usurp the jurisdiction and authority of ACHD as defined in chapter 14, Title 40, Idaho Code. Further,pursuant to Section 40-1415, Idaho Code, ACHD has authority over the planning, location, design, construction, reconstruction, and maintenance of the City rights of way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads, and retaining walls. In the planning process, ACHD shall take into consideration the principles contained in the Plan. SECTION 7: No direct or collateral action challenging the Northern Gateway District Plan shall be brought prior to the effective date of this Ordinance or after the elapse of thirty(30) days from and after the effective date of this Ordinance adopting the Northern Gateway District Plan. SECTION 8: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Ada County Assessor, and to the appropriate officials of Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, West Ada School District, Ada County Ambulance/EMS, Meridian Cemetery Maintenance District, College of Western Idaho, Meridian Free Library District, Mosquito Abatement District, the Western Ada Recreation District, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of the Revenue Allocation Area, and a map indicating the boundaries of the Northern Gateway District Project Area. SECTION 9: The City Council hereby finds and declares that the Revenue Allocation Area as defined in the Northern Gateway District Plan, the equalized assessed valuation of which the City Council hereby determines is in and is part of the Northern Gateway District Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Northern Gateway District Plan. ORDINANCE SUMMARY- 3 Page 344 Item#12. SECTION 10: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the Agency's Board of Commissioners: If any City Council members are appointed to the Board, they are not acting in an ex officio capacity but, rather, as private citizens who, although they are also members of the City Council, are exercising their independent judgment as private citizens when they sit on the Board. Except for the powers to appoint and terminate Board members and to adopt the Northern Gateway District Plan, the City Council recognizes that it has no power to control the powers or operations of the Agency. SECTION 11: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not exercise its power under Idaho Code section 50-2006 to designate itself as the Agency Board. SECTION 12: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2021, to the extent permitted by the Act. SECTION 13: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such determination shall not affect the validity of remaining portions of this Ordinance. SECTION 14: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 15: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 16: Savings Clause. This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. PASSED by the City Council of the City of Meridian, Idaho, this day of December 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this day of December 2021. EXHIBITS TO THE ORDINANCE Exhibit 1 A Resolution of the Planning and Zoning Commission for the City of Meridian, Idaho, Validating Conformity of the (Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project with the City of Meridian's Comprehensive Plan Exhibit 2 Notice Published in the Idaho Press ORDINANCE SUMMARY- 4 Page 345 Item#12. Exhibit 3 (Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project Exhibit 4 Ordinance Summary SUMMARY OF NORTHERN GATEWAY DISTRICT PLAN The Urban Renewal Plan for the Northern Gateway District Urban Renewal Project ("Northern Gateway District Plan")was prepared by the Urban Renewal Agency of the City of Meridian aka the Meridian Development Corporation("MDC" or the "Agency")pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended(the "Law"), the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended(the "Act"), and all applicable laws and ordinances and was approved by the Agency. The Northern Gateway District Plan provides for the Agency to undertake urban renewal projects pursuant to the Law and the Act. The Northern Gateway District Plan contains a revenue allocation financing provision pursuant to the Act that will cause property taxes resulting from any increases in equalized assessed valuation in excess of the equalized assessed valuation as shown on the original base assessment roll as of January 1, 2021, to be allocated to the Agency for the urban renewal purposes. The duration of the Northern Gateway District Plan is for twenty(20) years and includes a termination process for the Northern Gateway District Plan. The general scope and objectives of the Plan include are: a. The engineering, design, installation, construction, and/or reconstruction of streets and streetscapes, including but not limited to improvements and upgrades to portions of Northeast 2nd Street,Northeast 2 t/2 Street,Northeast 3rd Street, Carlton Avenue, Washington Avenue, Main Street,Northeast 4th Street, Badley Avenue, Gruber Avenue, State Avenue, Pine Avenue, Meridian Road frontage north of Fairview, and Fairview Avenue frontage and related pedestrian facilities, curb and gutter, intersection and rail crossing improvements, and traffic signals; b. The engineering, design, installation, construction, and/or reconstruction of storm water management infrastructure to support compliance with federal, state, and local regulations for storm water discharge and to support private development; C. The provision for participation by property owners and developers within the Project Area to achieve the objectives of this Plan; d. The engineering, design, installation, construction and/or reconstruction of sidewalks and related pedestrian facilities, curb and gutter and streetscapes, including but not limited to improvements to portions of Northeast 2nd Street,Northeast 2 t/2 Street,Northeast 3rd Street, Carlton Avenue, Washington Avenue, Main Street,Northeast 41h Street, Badley Avenue, Gruber Avenue, State Avenue, Pine Avenue, Meridian Road frontage north of Fairview, and Fairview Avenue frontage; ORDINANCE SUMMARY- 5 Page 346 Item#12. e. The engineering, design, installation, construction, and/or reconstruction of utilities including but not limited to improvements and upgrades to the water distribution system, including extension of the water distribution system, water capacity improvements, water storage upgrades, sewer system improvements and upgrades, including extension of the sewer collection system, lift station, and improvements, and upgrades to power, gas, fiber optics, communications, and other such facilities; f. Removal, burying, or relocation of overhead utilities; removal or relocation of underground utilities; extension of electrical distribution lines and transformers; improvement of irrigation and drainage ditches and laterals; undergrounding or piping of laterals; addition of fiber optic lines or other communication systems; public parking facilities, and other public improvements, including but not limited to fire protection systems, floodway and flood zone mitigation; and other public improvements that may be deemed appropriate by the Board; g. The engineering, design, installation, and/or construction of a public parking structure or structures and/or public surface parking lots and related public improvements; h. The acquisition of real property for public right-of-way and streetscape improvements, utility undergrounding, extension, upgrades,public parks and trails,pedestrian facilities, pathways and trails, recreational access points and to encourage and enhance housing affordability and housing diversity, enhance transit options and connectivity, decrease underutilized parcels, create development opportunities consistent with the Plan, including but not limited to future disposition to qualified developers for qualified developments; i. The disposition of real property through a competitive process in accordance with this Plan, Idaho law, including Idaho Code Section 50-2011, and any disposition policies adopted by the Agency; j The demolition or removal of certain buildings and/or improvements for public rights-of- way and streetscape improvements, pedestrian facilities,utility undergrounding extension and upgrades,public facilities, and to encourage and enhance housing affordability and housing diversity, enhance mobility options and connectivity, decrease underutilized parcels and surface parking lots, eliminate unhealthful, unsanitary, or unsafe conditions, eliminate obsolete or other uses detrimental to the public welfare or otherwise to remove or to prevent the spread of deteriorating or deteriorated conditions; k. The management of any property acquired by and under the ownership and control of the Agency; 1. The development or redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan; M. The construction and financial support of infrastructure necessary for the provision of improved transit and alternative transportation; ORDINANCE SUMMARY - 6 Page 347 Item#12. n. The engineering, design, installation, construction, and/or reconstruction of below ground infrastructure to support the construction of certain municipal buildings pursuant to Idaho Code Section 50-2905A; o. The provision of financial and other assistance to encourage and attract business enterprise, including but not limited to start-ups and microbusinesses, mid-sized companies, and large-scale corporations; P. The provision of financial and other assistance to encourage greater density and a diverse mix of rental rates and housing options; q. The rehabilitation of structures and improvements by present owners, their successors, and the Agency; r. The preparation and assembly of adequate sites for the development and construction of facilities for mixed-use residential (including affordable and/or workforce housing when and if determined to be a public benefit), commercial, office, retail areas, medical facilities, and educational facilities; S. The environmental assessment and remediation of brownfield sites, or sites where environmental conditions detrimental to redevelopment exist; t. In collaboration with property owners and other stakeholders, working with the City to amend zoning regulations (if necessary) and standards and guidelines for the design of streetscape,plazas multi-use pathways, parks, and open space and other like public spaces applicable to the Project Area as needed to support implementation of this Plan; U. In conjunction with the City, the establishment and implementation of performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire Project Area, including commitment of funds for planning studies, achieving high standards of development, and leveraging such development to achieve public objectives and efficient use of scarce resources; V. To the extent allowed by law, lend or invest federal funds to facilitate development and/or redevelopment; W. The provision for relocation assistance to displaced Project Area occupants, as required by law, or within the discretion of the Agency Board for displaced businesses; X. Agency and/or owner-developer construction, participation in the construction and/or management of public parking facilities and/or surface lots that support a desired level and form of development to enhance the vitality of the Project Area; y. Other related improvements to those set forth above as further set forth in Attachment 5 to the Plan. ORDINANCE SUMMARY- 7 Page 348 Item#12. The Northern Gateway District Project Area and Revenue Allocation Area herein referred to is described as follows: An area consisting of approximately 126 acres, inclusive of rights-of-way, and is generally east of Meridian Road and south of Fairview Avenue. A portion of the Project Area fronts the north side of Fairview Avenue east of Meridian Road. The Project Area also includes a 17.64-acre parcel located at the northwest corner of Meridian Road and Cherry Lane, and as more particularly described in the Plan and depicted in the Map below: ORDINANCE SUMMARY - 8 Page 349 Item#12. SKETCH TO ACCOMPANY URBAN RENEWAL DISTRICT DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION LOCATED IN THE SE 1/4 OF THE SE 114 OF SECTION 1, AND IN THE NE 114 OF THE NE 1/4 OF SECTION 72, TOWNSHIP 3 NORTH, RANGE 1 WEST, ALSO BEING IN THE S 112 OF THE SW 114 OF SECTION 6, AND IN THE NW 1/4 OF SECTION 7, AND IN THE N 1/2 OF THE SW 714 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BDISF MERIDIAN, ADA COUNTY, IDAHO V4 ti LEGEND URD BOUNDARY S vla CS 1 15 URD AREA N 89'08 51"E 2404.26' r ry SEE SHEET 2 OF 5 SEE SHEET 3 OF 5 Z BASIS OF BEARNG,� h 7/¢ 1 & 5 8 �3 �/W 4, 1�4 S 8928'53"E �2555.27' 12 7 IRIS A IV E W CHERRY LANE SEE SHEET 3 OF 5 EE S E 4 OF 5 4 h p NJ II N Q n W ry� I a 2 0 0 4,�N t AN S Z E SHFFT 5 OF S Z NS 0 c � 114 C 114 187 7 0 N 89'35 22 E 2394.97 E PINE AVENUE fiy Tf0f \a �£A . 0(3 CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD SCA/E 1"=1000' MERIDIAN, IDAHO 83642 (208)888-4312 ORDINANCE SUMMARY - 9 Page 350 Item#12. Section 100 includes an introduction, the history and current conditions of the Project Area, as well as the purpose of activities. Section 200 references the boundaries of the Project Area. Sections 300 through 315 discuss the proposed redevelopment actions,participation opportunities and agreements, cooperation with public bodies, property acquisition standards and requirements, relocation, demolition, and property disposition. Section 401 discusses the type of land uses authorized in the Project Area. Section 410 describes design guidelines for development. The Northern Gateway District Plan also contains a significant section on financing. Among other sources, the Northern Gateway District Plan will utilize revenue allocation financing, authorized by the Act. This statute was approved in 1988 by the Idaho Legislature. Section 502 and Attachment 5 discuss revenue allocation financing and show how such financing has worked and would work in the Project Area in the future if certain new private developments occur as estimated. Increases in assessed valuation of real and personal property in the Project Area that occur after January 1, 2021, will generate revenue for the Agency to pay project costs as set forth in the Northern Gateway District Plan. The assessed valuation of real and personal property on the base assessment roll is still available for use by the overlapping taxing districts, the Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, West Ada School District, Ada County Ambulance/EMS, Meridian Cemetery Maintenance District, College of Western Idaho, Meridian Free Library District, Mosquito Abatement District, the Western Ada Recreation District, to finance their operations. The Northern Gateway District Plan authorizes the Agency to sell revenue bonds to finance project costs and to use annual revenue allocations to pay the debt service. Additionally, the Agency is authorized to fund projects on a pay-as-you-go basis, through participation agreements, and others as further set forth in the Northern Gateway District Plan. The program outlined in the Northern Gateway District Plan emphasizes the installation of needed public improvements, including but not limited to street improvements, utility work, and other costs to encourage private development. Attachment 5 describes in detail the cost and financing methods for complete repayment of the debt incurred used to finance projects and to also fund the additional described activities. The Northern Gateway District Plan follows the underlying zoning classifications of the City. Sections 600 and 700 describe cooperative activities by the Agency with the City. ORDINANCE SUMMARY - 10 Page 351 Item#12. The duration of the Northern Gateway District Plan is for twenty(20) years. A termination process is described in Section 800 of the Northern Gateway District Plan. Sections 900-1200 include procedures for amendments, severability, reporting requirements and incorporation of attachments. ATTACHMENTS TO THE NORTHERN GATEWAY DISTRICT PLAN Attachment I Boundary Map of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Attachment 2 Legal Description of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Attachment 3 Private Properties Which May be Acquired by the Agency Attachment 4 Map Depicting Expected Land Use and Current Zoning Map of the Project Area Attachment 5 Economic Feasibility Study Attachment 6 Agricultural Operation Consent A full text of the Ordinance and the Northern Gateway District Plan are available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. City of Meridian Mayor and City Council By: Chris Johnson, City Clerk First Reading: 11/16/2021; Second Reading and Public Hearing: 11/23/2021; Third Reading: 12/7/2021 ORDINANCE SUMMARY - I I Page 352 Item#12. STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 2 1- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of December, 2021. William. L.M. Nary, City Attorney 4832-0443-4685,v. 1 ORDINANCE SUMMARY - 12 Page 353 Item#13. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing and Second Reading of Ordinance No. 21-1956: An Ordinance of the City Council of the City of Meridian, Idaho, Approving the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project, Which First Amendment Seeks to Annex Certain Parcels to the Existing Union District Project Area; Which First Amendment Includes Revenue Allocation Financing Provisions; Authorizing the City Clerk to Transmit a Copy of This Ordinance and Other Required Information to County and State Officials and the Affected Taxing Entities; Providing Severability; Approving the Summary of the Ordinance; and Providing an Effective Date Item will be continued to November 30, 2021 Page 354 Item#13. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Cameron Arial, Community Development Meeting Date: November 23, 2021 Presenter: Cameron Arial Estimated Time: 10 minutes Topic: Official Public Hearing and Second Reading of Ordinance No. 21-1956: An Ordinance of the City Council of the City of Meridian, Idaho,Approving the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project Recommended Council Action This is the second reading of Ordinance No. 21-1956 approving the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project. This is also the official hearing to take public comment regarding the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project. There is no Council action required at this time. Council adoption of Ordinance No. 21-1956 is proposed to occur following the third and final reading on December 7, 2021. Background On July 13, 2021,the Second Amendment to the Meridian Revitalization Plan deannexed 11 parcels from the original downtown Meridian Revitalization District which will sunset in 2026. The existing Union District was established in June 2020. The proposed First Amendment to the Urban Renewal Plan for the Union District (the "First Amendment") provides for the annexation of those 11 parcels, often referred to as the "Idaho Block" into the Union District. Annexation of the Idaho Block 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. The following required City and Meridian Development Corporation (MDC) actions and approvals have preceded this proposed ordinance approving the First Amendment to the Urban Renewal Plan for the Union District: MDC Approval and Transmittal of Idaho Block Eligibility Report June 9, 2021 City Council Approval of Eligibility Report July 6, 2021 MDC Approval and Transmittal of First Amendment to the Union District Plan September 22, 2021 Planning and Zoning Commission Confirmation of Conformance of October 7, 2021 First Amendment to the Union District Plan with City Comprehensive Plan Page 355 Item#13. First Amendment to the Union District Urban Renewal Plan— Idaho Block Annexation Area Legend ` i *1 Idaho Block ExigUrng IJRD db WIT ■ ■ 1 ti k . Urban cx — — IaN Nir •. Y 1 M JO ti 4i - Braadway. — Ift.. _ bistrict .k 1k, � 5 ,L 6 f ■ 5 rr Based on activity, inquiries, and increased interest in the Idaho Block area, MDC retained Kushlan I Associates to assess the financial viability of the area and its annexation into the existing Union District. The financial viability of the annexation area is essential to also ensure the continued viability of the existing Union District. Major improvements anticipated to occur within the existing Union District boundaries include the Civic Block and Union 93 projects. 2 Page 356 Item#13. The First Amendment expands the identified improvements, shown in Attachment 5.1A. The new estimated cost of$28,099,000 ($12,315,000 was anticipated in the existing Union District Plan) includes potential environmental remediation; additional public parking, street, utility, and other public infrastructure improvements; as well as potential facade improvements. Based on increased projected new private investment of$225,737,000 ($125,737,000 was anticipated in the existing Union District Plan), it is estimated that redevelopment and other activities in the Amended Project Area will generate tax increment revenue of$25,389,904 over the 20-year life of the Plan (Attachment 5.2.A), an increase from the $16,286,436 anticipated in the original Union District Plan. MDC will retain its "pay-as-go" philosophy, carefully considering funding assistance for qualifying development costs and activities on a reimbursement basis,with a nexus to increased tax increment resulting from new private investment. Future Actions This is the official public hearing and second of three required ordinance readings. The third reading and adoption of the First Amendment to the Urban Renewal Plan for the Union District are scheduled for December 7, 2021. 3 Page 357 Item#13. CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN PERREAULT, STRADER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, APPROVING THE FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT, WHICH FIRST AMENDMENT SEEKS TO ANNEX CERTAIN PARCELS TO THE EXISTING UNION DISTRICT PROJECT AREA; WHICH FIRST AMENDMENT INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS AND THE AFFECTED TAXING ENTITIES; PROVIDING SEVERABILITY; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Council and Mayor of Meridian respectively on or about July 24, 2001, adopted and approved a resolution creating the Urban Renewal Agency of Meridian, Idaho, also known as the Meridian Development Corporation ("MDC" or the "Agency"), authorizing it to transact business and exercise the powers granted by the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (hereinafter the "Law"), and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (hereinafter the "Act") upon making the findings of necessity required for creating said Agency; WHEREAS, on October 8, 2002, the City Council (the "City Council") of the City of Meridian, Idaho (the "City"), after notice duly published conducted a public hearing on the Meridian Revitalization Plan Urban Renewal Project, which is also referred to as the Downtown District(the "Downtown District Plan"); WHEREAS, following said public hearing, the City Council on December 3, 2002, adopted Ordinance No. 02-987 approving the Downtown District Plan, 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 Urban Renewal Plan for the Ten Mile Road -A Urban Renewal Project (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 (the "First Amendment to the Downtown District Plan"); Page 358 Item#13. 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 from the Downtown District Project Area and making certain findings; 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, which included the parcels deannexed pursuant to the First Amendment to the Downtown District Plan(the "Union District Project Area"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Second Amendment to the Meridian Revitalization Plan Urban Renewal Project (the "Second Amendment to the Downtown District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 21- 1933 on July 13, 2021, approving the Second Amendment to the Downtown District Plan deannexing certain parcels from the Downtown District Project Area 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 Existing Downtown District Plan, the Ten Mile Plan, and the Union District Plan are collectively referred to as the "Existing Urban Renewal Plans" and their respective revenue allocation project areas are collectively referred to as the "Existing Project Areas;" WHEREAS, there are two additional urban renewal plans and their respective revenue allocation project areas that may or will be considered by the City Council prior to December 31, 2021, specifically, the Urban Renewal Plan for the Northern Gateway District Urban Renewal Project and the Urban Renewal Plan for the Linder District Urban Renewal Project, collectively referred to as the "Proposed Urban Renewal Plans" and their respective revenue allocation project areas are collectively referred to as the"Proposed Project Areas;" 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, an urban renewal plan shall (a) conform to the general plan for the municipality as a whole, except as provided in§ 50-2008(g), Idaho Code; and (b) shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions; Page 359 Item#13. WHEREAS, Idaho Code Section 50-2906, also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan is a deteriorated area or deteriorating area; WHEREAS, based on inquiries and information presented by certain interested parties and property owners, MDC commenced certain discussions concerning examination of an additional area as appropriate for an urban renewal project; WHEREAS, in 2021, MDC authorized Kushlan I Associates to commence an eligibility study and preparation of an eligibility report for an area 1.461 acres in size, which area was deannexed from the Downtown District 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 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, 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; and C. diversity of ownership; 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, the MDC Board, on June 9, 2021, adopted Resolution No. 21-027 accepting the Report and authorizing 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 amendment for the Study Area, which plan amendment may include a revenue allocation provision as allowed by the Act; Page 360 Item#13. WHEREAS, the City Council on July 6, 2021, adopted Resolution No. 21-2274, declaring the Study Area described in the Report to be a deteriorated area or a deteriorating area, or a combination thereof, as defined by Chapters 20 and 29 of Title 50, Idaho Code, as amended, that such Study Area is appropriate for an urban renewal project, and directed MDC to commence preparation of an urban renewal plan amendment for the area designated; WHEREAS, MDC seeks to amend the Union District Plan pursuant to Idaho Code Sections 50-2033 and 50-2903A(1)(a)(ii), which amendment contains provisions of revenue allocation financing, to redevelop a portion of the City pursuant to the Law and the Act, as amended; WHEREAS, a modification is not deemed to have occurred under Idaho Code Section 50- 2903A when there is a plan amendment to accommodate an increase in the revenue allocation area boundary as permitted in Idaho Code Section 50-2033. The First Amendment (defined below) is not a modification pursuant to Idaho Code Sections 50-2033 and 50-2903A(1)(a)(ii), and therefore, the base value of the existing Union District Project Area will not be adjusted upwards; WHEREAS, in order to implement the provisions of the Act and the Law either MDC may prepare a plan, or any person,public or private, may submit such plan to MDC; WHEREAS, MDC and its consultants have undertaken the planning process during 2021; WHEREAS, pursuant to the Law and Act, as amended, the MDC prepared the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project (the "First Amendment"), and the corresponding additional urban renewal/revenue allocation area, as set forth in Exhibit 3 attached hereto, seeking to add the Study Area to the Union District Project Area and further, to provide updates to certain provisions and financial information from the Union District Plan, to provide an updated projection concerning the existing and additional improvements, projected expenses, and anticipated revenues through the Union District Plan termination; WHEREAS, the area to be added to the Union District Project Area is shown on the "Boundary Map of the Additional Area" and described in the "Legal Description of the Boundary of the Additional Area," which are attached to the First Amendment as Attachments IA and 2A respectively; WHEREAS, the Act authorizes MDC to adopt revenue allocation financing provisions as part of an urban renewal plan or plan amendment; WHEREAS, the First Amendment contains revenue allocation financing provisions as allowed by the Act; WHEREAS, MDC and the City Council reviewed and considered the proposed public improvements within the First Amendment during a joint meeting on August 24, 2021; WHEREAS,the Agency Board considered all comments and information submitted to the Page 361 Item#13. Agency during several earlier Board meetings throughout 2021, and the Board meeting held on September 22, 2021; WHEREAS, on September 22, 2021, the Agency Board passed Resolution No. 21-038 proposing and recommending the approval of the First Amendment; WHEREAS,the Agency submitted the First Amendment to the Mayor and City Council; WHEREAS, the Mayor and City Clerk have taken the necessary action in good faith to process the First Amendment consistent with the requirements set forth in Idaho Code Sections 50- 2906 and 50-2008; WHEREAS, pursuant to the Law, at a meeting held on October 7, 2021, the Meridian Planning and Zoning Commission considered the First Amendment and found by P& Z Resolution No 21-03 that the First Amendment is in all respects in conformity with the City of Meridian Comprehensive Plan, as may be amended(the "Comprehensive Plan") and forwarded its findings to the City Council, a copy of which is attached hereto as Exhibit 1; WHEREAS, the notice of public hearing of the First Amendment was caused to be published by the Meridian City Clerk in the Idaho Press on October 15 and 29, 2021, a copy of said notice is attached hereto as Exhibit 2; WHEREAS, as of October 15, 2021, the First Amendment was submitted to the affected taxing entities and separately to the Ada County Highway District ("ACHD"), available to the public, and under consideration by the City Council; WHEREAS, the City Council during its regular meeting of November 23, 2021, held such public hearing as noticed; WHEREAS, as required by Idaho Code sections 50-2905 and 50-2906, the First Amendment contains the following information with specificity which was made available to the general public and all affected taxing districts prior to the public hearing on November 23, 2021, the regular meeting of the City Council, at least thirty (30) days but no more than sixty (60) days prior to the date set forth final reading of the Ordinance: (1) a statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) an economic feasibility study; (4) a detailed list of estimated project costs; (5) a fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds, notes and/or other obligations are repaid, upon all taxing districts levying taxes upon property in the revenue allocation area; (6) a description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) a termination date for the plan and the revenue allocation area as provided for in section 50-2903(20), Idaho Code. In determining the termination date, the plan shall recognize that the agency shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the urban renewal plan; and (8) a description of the disposition or retention of any assets of the agency upon the termination date. Provided however, nothing herein shall prevent the agency from retaining Page 362 Item#13. assets or revenues generated from such assets as long as the agency shall have resources other than revenue allocation funds to operate and manage such assets; WHEREAS, the First Amendment authorizes certain projects to be financed by owner/developer participation agreements and proceeds from revenue allocation. Revenue allocation bonds, or loans are permissible; WHEREAS, appropriate notice of the First Amendment and revenue allocation provision contained therein has been given to the affected taxing districts and to the public as required by Idaho Code §§ 50-2008 and 50-2906; WHEREAS, it is necessary and in the best interest of the citizens of the City, to adopt the First Amendment and to adopt, as part of the First Amendment, revenue allocation financing provisions that will help finance urban renewal projects to be completed in accordance with the First Amendment, in order to: encourage private development in the urban renewal area; prevent and arrest decay of the Amended Project Area (as defined in the First Amendment) due to the inability of existing financing methods to provide needed public improvements; encourage the affected taxing districts to cooperate in the allocation of future tax revenues arising in the Amended Project Area in order to facilitate the long-term growth of their common tax base; encourage private investment within the City; and to further the public purposes of the Agency; WHEREAS, the City Council finds that the equalized assessed valuation of the taxable property in the revenue allocation area as shown and described in Attachments IA and 2A of the First Amendment is likely to increase, and continue to increase, as a result of initiation and continuation of urban renewal projects in accordance with the First Amendment; WHEREAS, under the Law and Act any such plan should provide for(1) a feasible method for the location of families who will be displaced from the urban renewal area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan should conform to the general plan of the municipality as a whole; (3) the urban renewal plan should give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of the children residing in the general vicinity of the site covered by the plan; and (4) the urban renewal plan should afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; WHEREAS, if the urban renewal area consists of an area of open land to be acquired by the urban renewal agency, such area shall not be so acquired unless (1) if it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe, and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe, and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; or (2) if it is to be developed for nonresidential uses, the local governing body shall Page 363 Item#13. 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 the Law, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area; WHEREAS, pursuant to Chapter 14, Title 40, Idaho Code, the ACHD is granted certain authority and jurisdiction over public rights of way within the Amended Project Area, as that term is defined in the First Amendment; WHEREAS, ACHD also has the opportunity to provide comments on the proposed First Amendment; WHEREAS, the base assessment roll of the area added by the First Amendment, together with the base assessment roll values of the Existing Project Areas, cannot exceed ten percent (10%) of the current assessed values of all the taxable property in the City; WHEREAS, it is necessary, and in the best interests of the citizens of the City to adopt the First Amendment; WHEREAS, the City Council at its regular meeting held on November 23, 2021, considered the First Amendment as proposed and made certain comprehensive findings. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN,IDAHO: SECTION 1: It is hereby found and determined that: (a) The area to be added to the existing Union District Project Area as defined in the First Amendment is a deteriorated area or a deteriorating area as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law and Act. (b) The rehabilitation, conservation, development and redevelopment of the urban renewal area pursuant to the First Amendment are necessary in the interests of public health, safety, and welfare of the residents of the City. (c) There continues to be a need for the Agency to function in the City. (d) The First Amendment conforms to the City of Meridian Comprehensive Plan as a whole. (e) The First Amendment gives due consideration to the provision of adequate park and recreation areas and facilities that may be desirable for neighborhood improvement (recognizing the mixed use components of the First Amendment and the need for Page 364 Item#13. overall public improvements), and shows consideration for the health, safety, and welfare of any children, residents or businesses in the general vicinity of the urban renewal area covered by the First Amendment. (f) The First Amendment affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation, development and redevelopment of the urban renewal area by private enterprises. (g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the First Amendment provides a feasible method for relocation obligations of any displaced families residing within the Amended Project Area and there is not anticipated to be any activity by the Agency that would result in relocation. (h) The collective base assessment rolls for the revenue allocation areas under the Existing Project Areas, the Proposed Project Areas and the area added by the First Amendment, do not exceed ten percent (10%) of the assessed values of all the taxable property in the City. (i) The area to be added by the First Amendment does not exceed ten percent (10%) of the geographical area contained within the existing Union District Project Area, and the area to be added is contiguous to the existing Union District Project Area. (j) The First Amendment includes the requirements set forth in Idaho Code § 50-2905 with specificity. (k) The First Amendment is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes (if any) land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions. (1) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code section 50-2018(9) and Idaho Code section 50-2903(8)(f), does not include any agricultural operation requiring consent. (m) The portion of the Amended Project Area which is identified for non-residential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the Comprehensive Plan to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. (n) The portion of the Amended Project Area which is identified for residential uses is necessary and appropriate as there is a shortage of housing of sound standards and design which is decent, safe and sanitary in the City; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of Page 365 Item#13. decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the City. SECTION 2: The City Council finds that the area added by the First Amendment does not include open land, that the Agency may acquire land within the Amended Project Area, and that the Amended Project Area is planned to be redeveloped in a manner that will include both residential and nonresidential uses. SECTION 3: The City Council finds that one of the First Amendment objectives to increase the residential opportunity does meet the sound needs of the City and will provide housing opportunities in an area that does not now contain such opportunities, and the portion of the Amended Project Area which is identified for nonresidential uses are necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of City's Comprehensive Plan, to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. SECTION 4: The First Amendment, a copy of which is attached hereto and marked as Exhibit 3-and made a part hereof by attachment, be, and the same hereby is, approved. As directed by the City Council, the City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the November 23, 2021, hearing and incorporate changes or modifications, if any. SECTION 5: The boundaries of the area added by the First Amendment overlap the boundaries of the ACHD, which has the responsibility for the maintenance of roads and highways within the City. The Agency has negotiated an agreement with the ACHD pursuant to Idaho Code Section 50-2908(2)(a)(iv) for the area added by the First Amendment. SECTION 6: The City Council declares that nothing within the First Amendment is intended or shall be interpreted to usurp the jurisdiction and authority of ACHD as defined in chapter 14, Title 40, Idaho Code. Further, pursuant to Section 40-1415, Idaho Code, ACHD has authority over the planning, location, design, construction, reconstruction, and maintenance of the City rights of way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads, and retaining walls. In the planning process, ACHD shall take into consideration the principles contained in the First Amendment. SECTION 7: No direct or collateral action challenging the First Amendment shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from and after the effective date of this Ordinance adopting the First Amendment. SECTION 8: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Ada County Assessor, and to the appropriate officials of Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, West Ada School District, Ada County Ambulance/EMS, Meridian Cemetery Maintenance District, College of Western Idaho, Meridian Free Library District, Mosquito Abatement District, the Western Ada Recreation District, and the State Tax Commission a copy of this Ordinance, a Page 366 Item#13. copy of the legal description of the boundaries of the area added, and a map indicating the boundaries of the area added. SECTION 9: The City Council hereby finds and declares that the Revenue Allocation Area, as amended to include the additional area as defined in the First Amendment, the equalized assessed valuation of which the City Council hereby determines is likely to increase and/or continue to increase as a result of the initiation and completion of urban renewal projects pursuant to the First Amendment. SECTION 10: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the Agency's Board of Commissioners: If any City Council members are appointed to the Board, they are not acting in an ex officio capacity but, rather, as private citizens who, although they are also members of the City Council, are exercising their independent judgment as private citizens when they sit on the Board. Except for the powers to appoint and terminate Board members and to adopt the First Amendment, the City Council recognizes that it has no power to control the powers or operations of the Agency. SECTION 11: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not exercise its power under Idaho Code section 50-2006 to designate itself as the Agency Board. SECTION 12: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2021, to the extent permitted by the Act, for the area added by the First Amendment, with the existing Union District Project Area maintaining its base assessment roll as of January 1, 2020. SECTION 13: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such determination shall not affect the validity of remaining portions of this Ordinance. SECTION 14: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 15: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 16: Savings Clause. This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. PASSED by the City Council of the City of Meridian, Idaho, this day of December 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this day of December 2021. Page 367 Item#13. APPROVED: ATTEST: Robert Simison, Mayor Chris Johnson, City Clerk Page 368 Item#13. Exhibit 1 A Resolution of the Planning and Zoning Commission for the City of Meridian, Idaho, Validating Conformity of the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project with the City of Meridian's Comprehensive Plan Page 369 Item#13. Z-21-06 CITY OF MERIDIAN BY THE PLANNING AND ZONING COMMISSION A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN, IDAHO,VALIDATING CONFORMITY OF THE FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT WITH THE CITY OF MERIDIAN'S COMPREHENSIVE PLAN WHEREAS, the Urban Renewal Agency of the City of Meridian(the "City"), Idaho, also known as Meridian Development Corporation (hereinafter"MDC"), the duly constituted and authorized urban renewal agency of the City, has submitted the proposed First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project(the "First Amendment") to the City; and WHEREAS, the Mayor and Meridian City Council referred the First Amendment to the City Planning and Zoning Commission for review and recommendations concerning the conformity of said First Amendment with the City's Comprehensive Plan, as amended(the "Comprehensive Plan"); and WHEREAS, on October 7, 2021, the City Planning and Zoning Commission met to consider whether the First Amendment conforms with the Comprehensive Plan as required by Idaho Code § 50-2008(b); and WHEREAS, the City Planning and Zoning Commission has reviewed said First Amendment in view of the Comprehensive Plan; and WHEREAS, the City Planning and Zoning Commission has determined that the First Amendment is in all respects in conformity with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN, IDAHO: Section 1. That the First Amendment, submitted by MDC and referred to this Commission by the Mayor and City Council for review, is in all respects in conformity with the City's Comprehensive Plan. Section 2. That Exhibit A, the memorandum from Brian McClure, Comprehensive Associate Planner dated September 30, 2021, outlining the analysis supporting the determination that the First Amendment is in conformity with the City's Comprehensive Plan, is hereby adopted and incorporated as part of this Resolution. Section 3. That the City Clerk is hereby authorized and directed to provide the Mayor and Meridian City Council with a signed copy of this Resolution relating to said First Amendment. Page 370 Item#13. Z-21-06 Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Planning and Zoning Commission of the City of Meridian, Idaho, this 7th day of October 2021. APPROVED: ATTEST: Chair, Planning and Zoning Commission City Clerk Chris Johnson 10-07-2021 4810-4341-8296,v. 1 Page 371 Item#13. Exhibit 2 Notice Published in the Idaho Press Page 372 { "1 �J AD# Item#1 J. LEGAL NOTICE NOTICE OF REGULAR MEETING AND PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO TO CONSIDER THE FIRST AMEND. MENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT OFTHE URBAN RENEWAL AGENCY OF MERIDIAN,IDAHO,ALSO KNOWN AS MERIDIAN DEVELOPMENT CORPORATION NOTICE IS HEREBY GIVEN that on Tuesday,November 23,2021,at 6:00 p.m.in City Council Chambers,Meridian City Hall,33 E.Broadway Avenue,Meridian,Idaho,83642,and/or in virtual meeting as may be noticed on the City,cam,t,(www. meridiancity.org),the City Council of the City of Meridian,Ida- ho("Cfy')will hold,during its regular meeting,a public has, ing to consider for adoption the proposed First Amendment to the Urban Renewal Plan for the Union District Urban Renew- al Project("First Amendment"),concerning the Union District Urban Renewal Plan and Revenue Allocation Area("Existing Union District Project Area")of the Urban Renewal Agency of Meridian,Idaho,also known as Meridian Development Corpo- ration('Agency").The general scope and objective of the First Amendment is the a4dion of approximately 1.46 acres(in- cluding rights-of-way)of land contiguous to the northwestern boundary of the Existing Union District Pmject Area.The urban renewal and revenue allocation area boundary for the area to be added is coterminous and is hereinafter described. The First Amendment proposes that the Agency undertake rban renewal projects,including identifying public facilities for funding,pursuant to the Idaho Urban Renewal Law of 1965,chapter 20,title 50,Idaho Code,as amended.The First Amendment being considered for adoption contains a revenue allocation financing provision pursuant to the Local Economic Development Act,chapter 29,title 50,Idaho Code,as amend. ed,that for the area added will cause property taxes resulting from any increase in equalized assessed valuation in excess of the equalized assessed valuation as shown on the base maxissment roll as of January 1,2021,to be allocated to the Agency for urban renewal purposes.The boundary of the addi- tional area includes both urban renewal and revenue allocation as.The Existing Union District Project Area contains a previ- .iey adopted revenue at-often financing provision pursuant to the Act that will continue to cause property taxes resulting from any increase in equalized assessed valuation in excess of the equalized assessed valuation as shown on the base assised ment mll as of January 1,2020,to be allocated to the Agency for urban renewal purposes.The Agency has adopted and recommended approval of the First Amentlment,The City Council will be considering the second reading of an ordinance to adopt the First Amendment at the meeting scheduled for No- vember 23,2021,at 6:00 p.m.An additional reading will follow consistent with the City's ordinance approval process.The First Amendment does not extend the du much of the Existing Union District Project Area. The general scope and objectives of the First Amendment is The First Amendment proposes improvements to public in- frastructure and other publicly owned assets throughout the amendment area,creating the framework for the development of mixed-use,retail,office,commercial,and residential pmj- eMs,as well as taigm,improvements,planning studies and installation and improvements to other public facilities,includ. ing,but not limited to,streets,ske,tscap-,were and sewer improvements,environmental and foodpiain remediation/site preparation,public parking,other community facilities,parks, plazas,open space,and pedestrian/bike amenities,as more fully described in the First Amendment. Any such land uses as described in the First Amendment will be in conformance with zoning for the City and the Citys Com- prehensive Plan,as amended.Land made available will be it -loped by private enterprises or public agencies as autho- ized by law.The Rest Amendment identifies various public and private improvements which may be made within the Amended Pne-t Area. The Rest Amendment shall add the following area to the Ex- isting Union District Project Area described as follows: An area consisting of approximately 1.46 acres(including rights-of-way)of land contiguous to the northwestern boundary of the Existng Union District Project Area and generally bound- ed by E.Idaho Avenue on the north,NE 2nd Street on the east, a portion of Broadway Avenue on the south,and E.Main Street on the west,an area retained to as the"Idaho Block'and as ore particularly described in the First Amendment and depict- ad in the Map below: fxN�I R S,YfIGW)0 AGCOMP RBaN RCNEWAL 0/STRKI OESCRIPII,),V !0.R MFRroNry 0£v£(OPMErvI GORVORAI/ON LOGIEO/N I E NW 1%Of THE S!%OF SCC>lON],)OWNSN/P J NORM, RANGE!FAS/,BOISE MER/OtW.Aa4 COUNTY.IQAHO a I u 'e+jr— LMEM 0 $,00.0 Copies of the proposed First Amendment and the existing Union District Urban Renewal Plan are on file for public inspec- tion and copying at the office of Me City Clerk,Meridian City Hall,33 E.Broadway Avenue,Meridian,Idaho 83642,between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday, exclusive of holidays.Costs for copying are outlined in Idaho Code Section 74-102.The proposed First Amendment can also be Code online at hdps//baly UnionFiestAmandment.For additional assistance in obtaining a copy of the First Amend mail in the event of business,ce interruptions,contact the office of the City Clerk at 208-888-4433. At the hearing date,time,and place noted above(November 23,2021,at 6:00 Pre),all persons interested in the above mat- ters may appear and be heard.Because social distancing or- dees may be in effect at the time of the hearing,written leshmo- ny is encouragetl.Written testimony must be submitted at least five working days prior to the hearing.Oral testimony may be limited to three minutes per person.Information on assessing the meeting remotely will be posted on the published agendas, no later than 48 hours prior to the meeting at htfps:Hmeridi- ancityorg/agendas.Additional information regarding providing testimony in compliance with any social distancingg orders in effect may be obtained by calling 208-888-4433 or by email at cilvcierk@mer danc'lmst Meridian City Hall is accessible to persons with disabilities. All information presented in the hearing shall also be available upon advance request in a form usable by persons with hear- ing o visual impairments.Individuals with other disabili es e may receive assistance by contacting the City 24 hours prior to the hearing. DATED:October 8,2021. Chris Johnson,City Clerk October 15,29,2021 156880 Page 373 Item#13. Exhibit 3 First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project Page 374 Item#13. FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT MERIDIAN URBAN RENEWAL AGENCY (also known as Meridian Development Corporation) CITY OF MERIDIAN, IDAHO Ordinance No. 20-1882 Adopted June 9, 2020 Effective June 19, 2020,publication First Amendment to the Union District Plan Ordinance No. Adopted Effective 2021, publication FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 1 page 375 Item#13. BACKGROUND This First Amendment ("First Amendment") to the Urban Renewal Plan for the Union District Urban Renewal Project (the "Plan") amends the Plan for the following purpose: to add approximately 1.46 acres (including rights-of-way) of land contiguous to the northwestern boundary of the Union District Project Area and generally bounded by E. Idaho Avenue on the north, NE 2nd Street on the east, a portion of Broadway Avenue on the south, and E. Main Street on the west, an area referred to as the"Idaho Block." The scope of this First Amendment is limited to addressing the addition of the Idaho Block to the Union District Project Area. It is important to note this First Amendment to the Plan does not extend the Plan's duration. The Plan terminates on December 31, 2040; however, revenue allocation proceeds will be received in 2041 pursuant to Idaho Code Section 50-2905(7). This First Amendment to the Plan, seeking to add the Idaho Block to the Union District Project Area pursuant to Idaho Code Section 50-2033, is not deemed to be a modification under Idaho Code Section 50-2903A. "Modification shall not be deemed to have occurred when: . . . (ii) There is a plan amendment to accommodate an increase in the revenue allocation area boundary as permitted in section 50-2033, Idaho Code..." Idaho Code Section 50-2903A(1)(a)(ii). Idaho Code Section 50-2033 permits an urban renewal agency, after July 1, 2011, to add area to an existing revenue allocation area one (1)time"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 . . . ."Idaho Code § 50-2033. Contiguity cannot be established solely by a shoestring or public railroad right-of-way. See Idaho Code § 50-2033. The geographic area to be added to the Union District Project Area is contiguous to the existing Union District Project Area and is less than ten percent (10%) of the existing revenue allocation area, which is 15.86 acres. A separate base assessment value will be established for the area to be added to the Union District Project Area, effective retroactive to January 1, 2021. The Agency will receive an allocation of revenues from the added area from any increases in value above the base value through the remaining years of the Plan. The base values for the original Union District Project Area will continue to be retroactive to January 1, 2020. The area to be added to the Union District Project Area was deemed to be a deteriorated area and/or a deteriorating area under the Law and Act and, therefore, eligible for inclusion into the existing revenue allocation area pursuant to the Idaho Block Annexation to Union District (Proposed) Eligibility Report,prepared by Kushlan I Associates, dated June 2021 (the "Eligibility Report"). The Eligibility Report was submitted to the Agency, which by adoption of Resolution No. 21-027 on June 9, 2021, found the additional area to be eligible and authorized the transmission of the Eligibility Report and Resolution to the Meridian City Council, together with the Agency's recommendation that the area be designated as appropriate for an urban renewal project, and seeking direction from the City Council to proceed with urban renewal plan amendment. The Meridian City Council, by adoption of Resolution No. 21-2274 on July 6, 2021, found the area under consideration to be a deteriorating area or a deteriorated area in the City, as defined by the Law and the Act, and authorized preparation of a plan amendment. FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 2 page 376 Item#13. AMENDMENTS TO THE PLAN 1. Definitions. Capitalized terms not otherwise defined herein shall have the respective meanings ascribed to such terms in the Plan. 2. The following defined terms are amended throughout the Plan as follows: a. Delete "Project Area" and replace with"Amended Project Area" except where specifically referenced in this First Amendment. b. Delete references to "Attachment 1" and replace with"Attachment 1, as supplemented by Attachment IA" except where specifically referenced in this First Amendment. C. Delete references to "Attachment 2" and replace with"Attachment 2, as supplemented by Attachment 2A" except where specifically referenced in this First Amendment. d. Delete references to "Attachment 4" and replace with "Attachment 4, as supplemented by Attachment 4A" except where specifically referenced in this First Amendment e. Delete references to "Attachment 5" and replace with"Attachment 5, as supplemented by Attachment 5A" except where specifically referenced in this First Amendment. 3. Amendment to List of Attachments. The List of Attachments on page iii of the Plan is amended by deleting the list of attachments and replacing it as follows: Attachment 1 Boundary Map of Union District Urban Renewal Project Area and Revenue Allocation Area Attachment 1A Boundary Map of the Additional Area Attachment 2 Legal Description of Union District Urban Renewal Project Area and Revenue Allocation Area Attachment 2A Legal Description of the Boundary of the Additional Area Attachment 3 Properties Which May be Acquired by the Agency Attachment 4 Map Depicting Expected Land Uses and Current Zoning Map of the Project Area Attachment 4A Map Depicting Expected Land Uses and Current Zoning Within the Area Added by the First Amendment Attachment 5 Economic Feasibility Study Attachment 5A Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2021 Annexation FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 3 page 377 Item#13. 4. Amendment to Section 100 of the Plan. Section 100 is amended by deleting the last sentence of the first paragraph and replacing it as follows: Attachments 1 through 5, as supplemented by Attachments IA, 2A, 4A and 5A, attached hereto (collectively, the "Plan Attachments, as supplemented") are incorporated herein and shall be considered a part of this Plan. 5. Amendment to Section 102 of the Plan. Section 102 entitled"Procedures Necessary to Meet State and Local Requirements: Conformance with Idaho Code Sections 50-2008 and 50- 2906" is amended by adding new paragraphs to the end of the existing language as follows: Subsequent to the adoption of this Plan in 2020,in 2021,the Agency retained a third-party consultant to review approximately 1.46 acres of land adjacent and contiguous to the Project Area for an eligibility determination for an urban renewal project. The area reviewed included land contiguous to the northwestern boundary of the Union District Project Area and generally bounded by E. Idaho Avenue on the north, NE 2nd Street on the east, a portion of Broadway Avenue on the south, and E. Main Street on the west(the "Idaho Block"). The Idaho Block was reviewed and determined to be a deteriorated area and/or a deteriorating area under the Law and the Act and, therefore, eligible for inclusion into the existing revenue allocation area pursuant to the Idaho Block Annexation to Union District Eligibility Report(proposed), prepared by Kushlan I Associates, dated June 2021 (the "Eligibility Report"). The Eligibility Report was submitted to the Agency, which by adoption of Resolution No. 21-027 on June 9, 2021, found the additional area to be eligible and authorized the transmission of the Eligibility Report and Resolution to the City Council, together with the Agency's recommendation that the area be designated as appropriate for an urban renewal plan amendment. The City Council by adoption of Resolution No. 21-2274 on July 6, 2021, found the area under consideration to be a deteriorating area or a deteriorated area in the City, as defined by the Law and the Act, and authorized preparation of a plan amendment. The 1.46 acres being added to the Project Area hereby creates the "Amended Project Area" as further described and shown in Attachments 1, 1A, 2, and 2A. This First Amendment to the Plan (the "First Amendment") adds certain parcels that were deannexed from the Downtown District Plan and Project Area in 2021 pursuant to the Second Amendment to the Meridian Revitalization Plan. This First Amendment was prepared and submitted to the Agency for its review and approval. The Agency approved the First Amendment by the adoption of Resolution No. 21-038 on September 22, 2021 and FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT-4 page 378 Item#13. submitted the First Amendment to the City Council with its recommendation for adoption. In accordance with the Law,this First Amendment was submitted to the Planning and Zoning Commission of the City. After consideration of the First Amendment, the Commission filed Resolution 21-06 dated October 7, 2021, with the City Council stating that the First Amendment is in conformity with the City's Comprehensive Plan. Pursuant to the Law and Act,the City Council,having published due notice thereof,held a public hearing on the First Amendment. Notice of the hearing was duly published in the Idaho Press, a newspaper having general circulation in the City. The City Council adopted the First Amendment on 2021, pursuant to Ordinance No. 6. Amendment to Section 103 of the Plan. In Section 103, the term "Project Area" is now replaced with the term"Amended Project Area." 7. Amendment to Section 103 of the Plan. Section 103 of the Plan is amended by the addition of new Section 103.1 entitled"History and Current Conditions of the Expansion Area" as follows: During 2021, the City, Agency, and other interested parties began to examine the need to expand the Project Area to include additional area adjacent and contiguous to the Project Area that continued to be underdeveloped. The approximately 1.46 acres to be added to the Project Area includes eleven(11)tax parcels with an Old Town(OT)zoning designation and are located within the older developed area within the community. None of the parcels appear to be owner-occupied residences. Only the south half of Idaho Avenue between Main Street and NE 2nd Street is included. The area reviewed exhibited deteriorated conditions due to the age or obsolescence of the structures. The area is transitioning to a modern commercial center and the configuration of small lots does not accommodate modern commercial development rendering redevelopment economically infeasible. Similarly, the eleven (11) parcels range in size with the majority of lots under 5,000 square feet, which is an insufficient size to accommodate economical economic development. Diversity of ownership is also present, which makes land assemblage challenging. These above conditions result in economic underdevelopment of the area and are conditions that substantially impair and arrest the sound growth of the City. The First Amendment embraces the principles set forth in the Plan and proposes improvements to public infrastructure and other publicly owned assets throughout the expansion area, creating the framework for the development of mixed-use, retail, office, commercial, and residential, FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 5 page 379 Item#13. projects, as well as, fagade improvements,planning studies and installation and improvements to other public facilities, including, but not limited to, streets, streetscapes, water and sewer improvements, environmental and floodplain remediation/site preparation, public parking, other community facilities, parks, plazas, open space, and pedestrian/bike amenities. The expansion area is underdeveloped and is not being used to its highest and best use due to age and obsolescence, as well as faulty lot layout in relation to size, adequacy, accessibility or usefulness, obsolete platting, and diversity of ownership. The foregoing conditions have resulted in economic underdevelopment of the expansion area and has arrested or impaired growth in the expansion area. The preparation and approval of an urban renewal plan amendment including a revenue allocation financing provision,gives the City additional resources to solve the public infrastructure problems in this area. Revenue allocation financing should help to improve the situation. In effect,property taxes generated by new developments within the Amended Project Area may be used by the Agency to finance a variety of needed public improvements and facilities. Finally, some of the new developments may also generate new jobs in the community that would, in turn, benefit area residents. It is unlikely individual developers will take on the prohibitive costs of constructing the necessary infrastructure in the expansion area without the ability of revenue allocation to help offset at least some of these costs. But for urban renewal and revenue allocation financing, the proposed commercial, office, residential and related public improvements would not occur. 8. Amendment to Section 200 of the Plan. a. Section 200 entitled "DESCRIPTION OF THE PROJECT AREA" is deleted and replaced as follows: DESCRIPTION OF THE AMENDED PROJECT AREA The boundaries of the Project Area and of the Revenue Allocation Area are shown on Attachment 1, Boundary Map of Union District Urban Renewal Project Area and Revenue Allocation Area, and are described in Attachment 2, Legal Description of Union District Urban Renewal Project Area and Revenue Allocation Area. The boundaries of the area added to the Project Area,pursuant to the First Amendment, are shown on Attachment IA, Boundary Map of the Additional Area, and are described in Attachment 2A, Legal Description of the Boundary of the Additional Area. Collectively, the Project Area, as amended, may be referred to as the "Amended Project Area." FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 6 page 3so Item#13. For purposes of boundary descriptions and use of proceeds for payment of improvements, the boundary shall be deemed to extend to the outer boundary of rights-of-way or other natural boundary unless otherwise specified. The attachments referenced above are attached hereto and are incorporated herein by reference. 9. Amendment to Section 301 of the Plan. Section 301 is amended as follows: a. Section 301 is amended by deleting subsection (t) and replacing it as follows: t. The construction and financial support of cultural facilities and the enhancement,installation and/or construction of parks,open spaces, plazas, and public recreational facilities; b. Section 301 is amended by adding a new subsection (x) as follows: X. The provision of financial and other assistance to encourage and support the Agency's fagade improvement program C. Section 301 is amended by adding a new subsection(y) as follows: Y. The funding in whole, or in part,any planning studies within the Amended Project Area. 10. Amendment to Section 302 of the Plan. Section 302 is amended by deleting the first paragraph and replacing it as follows: Urban renewal activity is necessary in the Amended Project Area to combat problems of physical deterioration or deteriorating conditions. As set forth in greater detail in Sections 103 and 103.1, the Amended Project Area has a history of stagnant growth and development compared to the greater downtown area of the City based on deteriorated or deteriorating conditions that have arrested or impaired growth in the Amended Project Area primarily attributed to: underdeveloped properties; inadequate pedestrian and bicycle connectivity and mobility; the presence of a substantial number of deteriorating structures; deterioration of site; age and obsolescence; a predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility or usefulness; unsanitary or unsafe conditions; diversity of ownership; and defective or very unusual conditions of title. The Plan for the Amended Project Area is a proposal to work in partnership with public and private entities to improve, develop, and grow the economy within the Amended Project Area by the implementation of a strategy and program set forth in Section 301, as amended. FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 7 page 381 Item#13. 11. Amendment to Section 502 of the Plan. a. Section 502 is amended by deleting the first sentence of the first paragraph and replacing it as follows: The Agency hereby adopts revenue allocation financing provisions as authorized by the Act, effective retroactively to January 1, 2020, for the original Project Area and effective retroactively to January 1, 2021, for the area added to the Project Area by the First Amendment. b. Section 502 is amended by deleting the first and second sentences of the fifth paragraph and replacing them as follows: A statement listing proposed public improvements and facilities, an economic feasibility study, estimated project costs, fiscal impact upon other taxing districts, and methods of financing project costs required by Idaho Code Section 50-2905 is included in Attachment 5 for the Project Area, and as supplemented in Attachment 5A for the area added by the First Amendment. The information contained in Attachment 5 incorporated estimates and projections based on the Agency's and the consultants' knowledge and expectations at that time. The information contained in Attachment 5A necessarily incorporates estimates and projections based on the Agency's present knowledge and expectations and includes analysis and assessment based on the additional 1.461 acres added to the Project Area.' 12. Amendment to Section 502.1 of the Plan. Section 502.1 is amended by deleting Section 502.1 and replacing it as follows: Attachment 5 consists of the Economic Feasibility Study for the Union District Urban Renewal Area prepared by Kushlan I Associates and SMR Development, LLC for the original Project Area. Attachment 5A consists of the Economic Feasibility Study for the area added to the Project Area by the First Amendment prepared by Kushlan I Associates. Portions of the data from Attachment 5 are restated in Attachment 5A to the extent additional information was available related to the timing of projects impacting revenue generation and project funding in the expansion area (collectively, Attachments 5 and 5A are referred to as the "Study"). The Study constitutes the financial analysis required by the Act. 13. Amendment to Section 502.3 of the Plan. Section 502.3 of the Plan is amended by the addition of new Section 502.3.1 entitled "Updated Ten Percent Value Limitation and the Ten Percent Geographic Limitation" as follows: Under the Act,the base assessed valuation for all revenue allocation areas cannot exceed gross/net ten percent (10%) of the current assessed taxable value for the entire City. According to the Ada County Assessor, the assessed taxable value for the City as of January 1, 20202 less ' See also Section 301 to the Plan,as amended. 2 Due to the timing of the assessment process and creation of this Plan,the 2020 values have been used to establish compliance with the 10%limitation.Using the 2020 values,the total adjusted base value of the existing and proposed revenue allocation areas combined with the value of this annexation into the Project Area are less than 2.62%of FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 8 page 3s2 Item#13. homeowners' exemption is $10,375,837,804. Therefore, the 10% limit is $1,037,583,780. The adjusted base assessed value of each of the existing revenue allocation areas, plus the expansion area and the proposed revenue allocation areas, as of January 1, 2020, is as follows: Downtown District3 $146,334,050 Ten Mile District $39,539,125 Union District $2,144,360 Proposed Union District Project Area Amendment $3,414,100 Proposed Northern Gateway District $68,832,974 Proposed Linder District4 $11,978,500 TOTAL: $272,243,109 The adjusted base values for the combined revenue allocation areas total$272,243,109,which is less than 10%of the City's 2020 taxable value. Further, Idaho Code Section 50-2033 provides that after July 1, 2011: "[a]n urban renewal plan that includes a revenue allocation area may be extended only one (1) time to extend the boundary of the revenue allocation area so long as the total are 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 Project Area consists of approximately 15.86 acres; therefore, the 10% geographic limit is approximately 1.59 acres. The area to be added to the Project Area, which is adjacent and contiguous to the Project Area, consists of approximately 1.461 acres, which is less than 10% of the acreage included in the Project Area. 14. Amendment to Section 502.7 of the Plan. a. Section 502.7 is amended by adding a new sentence at the end of the second sentence of the second paragraph as follows: The addition of the geographic area to the Project Area pursuant to the First Amendment does not reset the bases; however, for the area added, the base value is the assessed value as of January 1 of the year in which the municipality approved the expansion or, in this instance, January 1, 2021. the total taxable value of the City. Even assuming an increase in values for 2022,the combined adjusted base values of the revenue allocation areas would not exceed 10%of the current assessed taxable value for the entire City. 3 Less area deannexed by the First Amendment to the Meridian Revitalization Plan Urban Renewal Project,and the Second Amendment to the Meridian Revitalization Plan Urban Renewal Project. a May not be established until calendar year 2022. s See Idaho Code Sections 50-2903A(l)(a)(ii)and 50-2033. FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 9 page 383 Item#13. b. Section 502.7 is amended by adding a new footnote following the fourth sentence of the second paragraph as follows: House Bill 389 passed during the 2021 Legislative Session, effective in significant part as of January 1, 2021, further limits a taxing entity's ability to increase the property tax portion of its budget. The Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2021 Annexation, included as Attachment 5A, has considered the impact of House Bill 389 on the Project's overall feasibility. C. Section 502.7 is amended by adding a new footnote following the first sentence of the fifth paragraph as follows: House Bill 389 amended Idaho Code Sections 63-802 and 63-301A limiting the value placed on the new construction roll and available to a taxing district for a budget capacity increase. This could result in lower levy rates over time. d. Section 502.7 is amended by deleting the last sentence of the fifth paragraph and replacing it as follows: Upon termination of this Plan, as amended by the First Amendment, and the Amended Project Area, the taxing entities will be able to include a percentage of the accumulated new construction roll value in setting the following year's budget (subject to any applicable cap)pursuant to Idaho Code Sections 63-802 and 63-301A. e. Section 502.7 is amended by adding new paragraphs following the end of the seventh paragraph as follows: Pursuant to the First Amendment and Attachment 5A concerning the expansion, as 2021 certified levy rates are not determined until late September 2021,the 2020 certified levy rates have been used in Attachment 5A for purposes of the analysis.7 Those taxing districts and rates are as follows: Taxing Districts: Lew Rates: The City of Meridian .002230856 The West Ada School District(School District No. 2) .000014472 Ada County .002149935 Emergency Medical District/Ada County Ambulance .000118422 Mosquito Abatement District .000021106 The Ada County Highway District .000701539 Meridian Library District .000430489 Meridian Cemetery District .000048343 Western Ada Recreation District .000037736 College of Western Idaho .000124266 TOTAL' .005877164 6 Pursuant to House Bill 389,80%of the total eligible increment value is added to the new construction roll. 7 Due to the timing of the taxing districts'budget and levy setting process,certification of the 2021 levy rates did not occur until this First Amendment had been prepared and considered by the Agency.In order to provide a basis to analyze the impact on the taxing entities,the 2020 levy rates are used.Use of the 2020 levy rates provides a more accurate base than estimating the 2021 levy rates. 8 Net of voter approved bonds and levies. FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 10 page 384 Item#13. House Bill 587, as amended in the Senate, effective July 1, 2020, amends Idaho Code Section 50-2908 altering the allocation of revenue allocation funds to the Agency from the Ada County Highway District levy9.This amendment will apply to the expansion area10 added by this First Amendment and provides: "[i]n the case of a revenue allocation area first formed or expanded to include the property on or after July 1,2020,all taxes levied by any highway district,unless the local governing body that created the revenue allocation area has responsibility for the maintenance of roads or highways" will be allocated to the applicable highway district, which in this case is the Ada County Highway District. However, amended Idaho Code Section 50-2908 further provides the highway district and Agency may enter into an agreement for a different allocation.A copy of any agreement is required to be submitted to the Idaho State Tax Commission and to the Ada County Clerk by the Ada County Highway District as soon as practicable after the parties have entered into the agreement and by no later than September 1 of the year in which the agreement takes effect. The Agency intends to work with the Ada County Highway District to enter into an agreement allowing the Agency to retain the revenues from the highway district levies for the expansion area. No agreement is required for the original Project Area. The Study has made certain assumptions concerning the levy rate. The levy rate is estimated to be 10%lower than the combined 2020 certified levy rate to adjust for the impact of House Bill 389, as well as considering the rapidly increasing property values. The levy rate is anticipated to remain level for the life of the Project Area. As the actual impact of the property value fluctuations on the levy rate is unknown, the Study has assumed a combined conservative levy rate of .0053. Land values are estimated to inflate at 8%/year for five (5)years and then inflate at a rate of 4%/year for the remaining duration of the Project Area. Improvement values are estimated to inflate at a rate of 10%/year for five (5) years, and thereafter are estimated to inflate at a rate of 5%/year for the duration of the Project Area. Estimated new development is anticipated occur annually and be fully on the tax rolls from year 2025 through 2029. If the overall levy rate is less than projected,or if expected development fails to occur as estimated, the Agency shall receive fewer funds from revenue allocation. The Study has also considered the timing of the original projects identified in the Plan and pushed back the completion timeline where necessary to account for current market conditions. 9 Senate Bill 1107,as amended in the Senate,effective July 1,2021,made a corresponding amendment to Idaho Code Section 40-1415(3)to address the responsibility for funding certain urban renewal projects. 10 The amendment to Idaho Code Section 50-2908 does not apply to the original Project Area. FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 11 page 385 Item#13. 15. Amendment to Section 800 of the Plan. Section 800 is amended by adding a new sentence at the end of the first paragraph as follows: The addition of parcels to the original Project Area pursuant to this First Amendment has no impact on the duration of this Plan. 16. Amendment to Plan to add new Attachment IA. The Plan is amended to add new Attachment 1A entitled"Boundary Map of the Additional Area," attached hereto. 17. Amendment to Plan to add new Attachment 2A. The Plan is amended to add new Attachment 2A entitled "Legal Description of the Boundary of the Additional Area," attached hereto. 18. Amendment to Plan to add new Attachment 4A. The Plan is amended to add new Attachment 4A entitled"Map Depicting Expected Land Uses and Current Zoning Within the Areas Added by the First Amendment," attached hereto. 19. Amendment to Plan to add new Attachment 5A. The Plan is amended to add new Attachment 5A entitled "Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2021 Annexation," attached hereto. 20. Union District Plan Remains in Effect. Except as expressly modified in this First Amendment, the Plan and the Attachments thereto remain in full force and effect. FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT- 12 Page 386 Item#13. Attachment IA Boundary Map of the Additional Area Page 387 Item#13. EXHISI T Q SKETCH TO ACCOMPANY URBAN RENEWAL DISTRICT DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION LOCATED IN THE NW 114 OF THE SW 114 OF SECTION 7, TOWNSHIP J NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO POINT OF E IDAHO AVENUE BEGINNING BA515 aF BEARING 5 88'43`S9" E .380.Q5' 4D.00' E 500.04 40.00' D q h I a Lw 0 0 I � a � � 88'43' 9" W 21 a QB' A L v] 60.42' 30-O 1' 120.n5' p v ry W � ry 40' N 88'44 00" W 9Q 05' a . _ 5 88'44 00" E 380. 18' E BRa4DWAY AVENUE LEGEND URD 90UNDARY A L A At URD AREA a 187 0 CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDfAN ROAD MERIDIAN, IDAHO 83642 A K013 {208}888-4312 SCALE 1"=B0' Page 388 Item#13. Attachment 2A Legal Description of the Boundary of the Additional Area Page 389 Item#13. EXHIBIT A URBAN RENEWAL DISTRICT BOUNDARY DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION IDAHO BLOCK A description for Urban Renewal District purposes located in the NW 1/4 of the SW 1/4 of Section 7,Township 3 North, Range 1 East, Boise Meridian, and being a part of Block 4 of the amended plat of the TOWNSITF OF MERIDIAN as found in Book 1 of plats at Page 30 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the intersection of N Main Street and E Idaho Avenue, from which a brass cap monument marking the intersection of NE 2nd Street and E Idaho Avenue gears S 88'43'S9" E a distance of 380.05 feet; Thence S 88'43'59" E along the centerline of said E Idaho Avenue a distance of 40.00 feet to the POINT OF BEGINNING; Thence continuing S 88043'59" E a distance of 300.04 feet to a point on an extension of the easterly boundary of said Block 4; Thence leaving said centerline S 0'31`47" W a distance of 40.00 feet to a point marking the northeasterly corner of said Block 4; Thence continuing S 0'31'47" W along said easterly boundary a distance of 256.13 feet to a point marking the southeasterly corner of said Block 4; Thence N 88°44'00" W along the southerly boundary of said Block 4 a distance of 90.05 feet to a point marking the southwesterly corner of Lot 8 of said Block 4; Thence leaving said southerly boundary N 0'32'12" E along the westerly boundary of said Lot 8 a distance of 120.07 feet to a point marking the northwesterly corner of said Lot 8; Thence N 88°4359" W along the northerly boundary of Lots 1 —7 of said Block 4 a distance of 210.08 feet to a point on the westerly boundary of said Block 4, said point being the northwesterly corner of Lot 1 of said Block 4; Thence N 0'33'09" E along said westerly boundary a distance of 136.07 feet to a point marking the northwesterly corner of said Block 4; Page 1 of 2 Page 390 Item#13. Thence continuing N 0'33'09" E on are extension of said westerly boundary a distance of 40.00 feet to the POINT OF BEGINNING. This parcel contains.approximately 1.461 acres. NOTE: This description was prepared using record information including Record of Surveys, Subdivision Plats and Deeds acquired from the Ada County Recorder's office. No field survey has been performed. Prepared by: Kyle A. Koornler, PLS rI QNpL Aly � Civil survey Consultants, Incorporated ' C NSIS G� May 26, 2021 1078 0 � .4 TE OF vloW. A. KO� Page 2 of 2 Page 391 Item#13. Attachment 4A Map Depicting Expected Land Uses and Current Zoning Within the Areas Added by the First Amendment Page 392 Item#13. u ure Land Uses Civic Old Town E-PINE AVE z N W z Lu N 2 H �� - - -- 4■a■J■4■It1■1�1-■ ■ E IDAHO;AVE z - - G _Q N _0 M 404-0 --- - E BROADWAY AVE Z -! f- N Z Q z Legend .P'E N �■ Annexation Area z Q Union District 0 Parcels v �-- Railroad Lu 0 200 400 Z ZNy F Page 393] Item#13. oning I-L o-T E-PINE AVE R-8 R-15 H Z N W Z H t/! H � � im'slumm""ImININ E IDAHO AVE - z i ■ I i G 40 1■I 1■I 1 EL 9w ■ o M Lu E BROADWAY AVE Z -- Z f- N _Z Q z Legend im�; Annexation Area N z 0 Union District m 0 Parcels v_ } Railroad y W Z 0 200 400 Z ZNv� F Page 394 Item#13. Attachment 5A Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2021 Annexation 4835-4848-9712,v.7 Page 395 Item#13. ATTACHMENT 5.1A Public Improvements within the Revenue Allocation Area This attachment includes a projected list of proposed public works or improvements within the Union District Project Area, as amended by the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project (the "First Amendment"),which added approximately 1.46 acres to the Union District Project Area pursuant to Idaho Code Sections 50-2903A(1)(a)(ii) and 50-2033 (the "Amended Project Area"). This Attachment 5A,the Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2021 Annexation, is intended to address the scope of projects related to the expansion area; however, portions of the Economic Feasibility Study may be restated if additional information is available related to the timing of projects impacting revenue generation and project funding in the expansion area. The proposed improvements within the Amended Project Area include improvements to streets, utilities, and other public rights-of-way amenities as well as construction and/or improvements to parks, plazas and open space, a community center, facade improvements, public parking (structured and surface parking), property acquisition to support development and/or redevelopment goals, and brownfield and/or environmental clean-up. The Union District Improvement List set forth below identifies needed investments to support private investment in capital facilities. Capital facilities generally have long useful lives and significant costs. The overall project and the infrastructure to support it are all consistent with the vision articulated in the City of Meridian Comprehensive Plan, Destination: Downtown Plan,the future land use map and as required in City development regulations. The cost estimates provided by owner/developers and the City are based upon prices for similar construction in the area. Estimated costs expected to be incurred in implementing the Urban Renewal Plan for the Union District Urban Renewal Project (the "Plan") as amended by the First Amendment are as follows: Union District Improvement List Community Center Construction $6,450,000 Net District Cost Construction $6,450,000 Community Center Site Improvements $1,615,000 Structured Public Parking $4,250,000 Sub-Total $5,865,000 Total Community Center Cost $12,315,000 Page 396 Item#13. Proposed Public Infrastructure, including Engineering, Design, Installation, Construction, and/or Reconstruction of: Improvements to 3rd Street Improvements to Broadway Avenue Intersection Improvements and Rail Crossing Safety Enhancements Pedestrian improvements Streetscape Improvements Sewer Infrastructure Improvements Water Infrastructure Improvements Electrical Distribution Improvements Right-of-Way Landscaping Improvements Utility Relocations Lateral Relocation and Improvements Irrigation and Drainage Improvements Public Improvements Sub-total $1,215,000 Additional Public Parking $3,810,000 Other Eligible Public Infrastructure Improvements Facade Improvements $750,000 Property Acquisition $3,500,000 Public Plazas, Parks &Open Space $3,000,000 Environmental Remediation $2,250,000 Idaho Avenue Improvements $1,000,000 Planning Studies $259,000 Grand Total $28,099,000 The projects and estimated costs have been derived from Galena Opportunity Fund and updated by the City and the Meridian Development Corporation (MDC) based upon similar works being carried out in the broader community and existing market conditions. The costs related to the expansion area improvements are estimated in 2021 dollars and are not inflated. Costs will likely vary from the costs detailed here, as they will be subject to inflation and further project refinement and timing. The cost estimates used in this analysis are considered estimates for the purpose of financial planning. The Amended Project Area is estimated to generate $25,389,904 in tax increment revenue between 2020 and 20401 in addition to the initial $100,000 loan from the MDC to activate the program.Additional potential sources of funding for the identified projects may include funding in the amount of$3,800,000 from the City to support the Community Center project recognizing the City is not committing funds to this Project and any commitment As the Idaho property tax system provides for taxes being paid in arears, Revenue Allocation funds will be received in FY2041. However, the final year of income has not been considered in determining the economic feasibility of the Union District, as amended. Page 397 Item#13. would occur through the City's appropriations/budget process. Further funding may be available through grants. The total from all sources is estimated to be $29,289,904. There are presently$28,099,000 of project costs identified in the Union District Improvement List provided by developers, property owners and the City. The fiscal analysis generally assumes projects will be implemented by developers as part of certain private developments within the Union District Project Area, as amended, specifically related to the Meridian Station Project and the Civic Block Project as contemplated in the original Plan, and the Idaho Block project in the expansion area. It is assumed that the developers will be reimbursed through Owner Participation Agreements (OPA) from resources derived from the Amended Revenue Allocation Area established by the Union District Project Area, as amended by the First Amendment. Projects are also anticipated to occur on a pay-as-you-go basis, in addition to funding from other public entities, if available, and any available grant funding. Administrative costs over the 20-year life of the district are estimated at$920,000 or approximately 3.16% of total estimated revenue. The initial inter-district loan to support startup costs is assumed to be repaid at 5% simple interest for a total obligation of $115,0002. The total estimated expenditures equal $29,134,000, leaving a $155,903 positive program balance of at the end of the 20-year term. See attached cash flow analysis for detailed estimates. The Plan, as amended by the First Amendment, provides for the Plan and Amended Project Area to extend through its maximum term of 20 years. This First Amendment will constitute the one-time annexation to the Union District Project Area as permitted in Idaho Code 50-2033. Secure funding includes revenue allocation funds and is money MDC is highly likely to receive. The funds may not be in MDC's possession at the beginning of the Plan period, but it is virtually certain that MDC will receive the funds. MDC may need to take specific actions to generate the funding,but those actions are within its powers. Despite the high probability of secure funding, no project can proceed until a specific, enforceable funding plan is in place. Potential funding is money that might be received by MDC. In every case MDC is eligible for the funding, and the source of funding exists under current law. However, each potential funding source requires one or more additional steps or decisions before MDC can obtain the resources, and the ultimate decision is outside of MDC's independent control. The City's potential capital contribution and grant funds are an example of potential funding. Thus, potential funding is not assumed in determining financial feasibility. z The amount of revenue allocation proceeds dedicated to the administration of the Union District, as amended [$80Z183 shown in Forecast]is supplemented by the Inter-district loan to produce the full amount over the life of the District. Page 398 Item#13. Unfunded projects, or portions of projects lack secure or potential funding. At this time, all projects are anticipated to be funded. The amount of tax increment contributed to the project will vary depending upon the actual cost of infrastructure. The Plan, as amended by the First Amendment, proposes certain public improvements that will facilitate development in the Amended Project Area. The overall investment package could be funded from a variety of financing methods and sources. The primary method of financing MDC's obligation will be through the use of tax increment revenue (i.e., incremental property taxes from the revenue allocation area). This Plan, as amended by the First Amendment, anticipates that at least a portion of the tax increment revenue will be used to reimburse an owner/developer through a negotiated agreement for some or all of the eligible improvement costs or through direct investment by MDC. Other sources of funding for project may include, but are not limited to: • Local Improvement District (LID) • Business Improvement District (BID) • Development Impact Fees • Franchise Fees • Grants from federal, state, local, regional agencies and/or private entities • Other bonds, notes and/or loans • Improvements and/or payments by developers The total project costs and the amount of tax increment are estimates. The estimated project costs and revenues are based on MDC's present knowledge and expectations supported by detailed information from property owners, developers, City and MDC staff and MDC's consultants based in part upon current construction projects in the broader community. Summary of Projects Based on the Union District Improvement List, as amended by the First Amendment, set forth above,the estimated total costs for the public improvements are $28,099,000. Page 399 Item#13. Cost of Operations and Improvements by Year 2020-2041 Year Secure Potential District MDC Funds for Total Funding Funding Operating Loan Program, Project (TIF Expenses Debt Capital, and Liabilities & Service Debt Service MDC Loan) Expenses 2020 $75,000 $0 $25,000 $0 $25,000 2021 $25,000 $0 $25,000 $0 $25,000 2022 $3,430 $0 $25,000 $0 $25,000 2023 $7,167 $0 $25,000 $0 $0 $25,000 2024 $11,237 $0 $20,000 $0 $0 $20.000 2025 $390,630 *$3,800,000 $50,000 $0 $4,100,000 $4,150,000 2026 $676,794 $0 $50,000 $115,000 $475,000 $640,000 2027 $1,003,700 $0 $50,000 $0 $900,000 $950,000 2028 $1,187,991 $0 $50,000 $0 $1,100,000 $1,150,000 2029 $1,381,483 $0 $50,000 $0 $1,350,000 $1,400,000 2030 $1,452,136 $0 $50,000 $0 $1,400,000 $1,450,000 2031 $1,526,307 $0 $50,000 $0 $1,500,000 $1 ,550,000 2032 $1,604,171 $0 $50,000 $0 $1,550,000 $1,600,000 2033 $1,685,912 $0 $50,000 $0 $1,550,000 $1,600 ,000 2034 $1,771,724 $0 $50,000 $0 $1,800,000 $1,850,000 2035 $1,861,809 $0 $50,000 $0 $1,800,000 $1,850.000 2036 $1,956,381 $0 $50,000 $0 $1,900,000 $1,950,000 2037 $2,055,662 $0 $50,000 $0 $2,000,000 $2,050,000 2038 $2,159,889 $0 $50,000 $0 $2,100,000 $2,150,000 2039 $2,269,306 $0 $50,000 $0 $2,250,000 $2,300,000 2040 $2,384,174 $0 $50,000 $0 $2,324,000 $2,374,000 2041 $0 $0 $0 $0 $0 Total $25,489 903 $3,800,000 $920,000 $115,000 $28,099,000 $29,134,000 Note: This analysis anticipates a positive fund balance of$155,903 the end of the project. *Potential City contribution to the Community Center Project. Not a binding commitment. Any City funding would be subject to annual appropriations/budgeting considerations. Page 400 Item#13. ATTACHMENT 5.2A Economic Feasibility Study The Plan, as amended by the First Amendment, is economically feasible because the proposed development is sufficient to fully cover the anticipated cost of the redevelopment program. The economic feasibility of the Plan, as amended by the First Amendment, is based on the following factors: • The amount of development anticipated in the Amended Project Area • The timing of the proposed taxable development • The nature of the proposed development • The amount of tax revenue to be generated by the proposed development • The cost of public improvement projects. • If revenue equals or exceeds project costs, the Plan is economically feasible. The following is a summary of the analysis and estimates of the factors used to determine the economic feasibility of the Plan, as amended by the First Amendment. The Economic Feasibility Analysis Summary: Over the course of the Plan and the Union District Project Area, as amended by the First Amendment, $25,389,904 of Tax Increment Revenue is estimated to be generated using the development scenarios proposed by property owners/developers within the Union District Project Area, as amended by the First Amendment, the City and MDC, in consultation with its consultants. The Economic Feasibility Study assumes 10% of annual revenue allocation area proceeds, or TIF revenue, will be used for administration of the Union District Project Area, as amended by the First Amendment,with that amount capped at$50,000 per year, for a total of$920,000 for administration costs over the 20-year lifespan of the District. The attached spreadsheets entitled "Union District Revenue Model, as amended by the First Amendment" and "Union District, as amended by the First Amendment, Cash Flow Analysis" gives a more detailed outlook on the revenues and expenses of the development scenario. The following assumptions were made in the formulation of the Financial Feasibility Analysis: o Land Value Increase @ 8%/Year for 5 years then 4%/year through the remainder of the term o Improvement Value Increase @ 10%/Year then 5%/year through the remainder of the term, Page 401 Item#13. o Tax Rate reduced by 10% and then held constant through the life of the Plan o Total Cost of Improvements over the life of the project: $28,099,000 o Tax rate does not include levies excluded pursuant to Idaho Code 50-2908, such as voter approved bonds/levies after 2007,judgment levies or the School District Plant or supplemental levies excluded by law. The Economic Feasibility Analysis shows that the project will generate adequate funds within the Amended Project Area to fund the necessary capital improvements. 4831-7174-6294, v. 6 Page 402 Item#13. Land Value Impr.Value Cum.New Total Annual New Cumulative Increment Tax Funding for (+8%annually (+10%for 5 Const Value+ Levy Rate Admin Year Assessed Const.Value Homeowners' Taxable Value Value (H- Increment Capital Projects for 5 years years then Inflation @ (-10%) Costs(10%) Value on tax roll Exemption Base Value) Yield /Debt Service then 4%) 5%) 10%and 5% 2020 $ 4,033,200 $ - $ 4,033,200 $ $ - $ $ 4,033,200 $ 0.0053 2021 $ 4,355,856 $ 2,987,700 $ 7,343,556 $ $ $ $ 7,343,556 $ - 0.0053 $ - $ - $ - 2022 $ 4,704,324 $ 3,286,470 $ 7,990,794 $ $ $ $ 7,990,794 $ 647,238 0.0053 $ 3,430 $ 343 $ 3,087 2023 $ 5,080,670 $ 3,615,117 $ 8,695,787 $ $ $ $ 8,695,787 $ 1,352,231 0.0053 $ 7,167 $ 717 $ 6,450 2024 $ 5,487,124 $ 3,976,629 $ 9,463,753 $ $ $ $ 9,463,753 $ 2,120,197 0.0053 $ 11,237 $ 1,124 $ 10,113 2025 $ 5,926,094 $ 4,374,292 $ 10,300,386 $ 70,747,000 $ 70,747,000 $ $ 81,047,386 $ 73,703,830 0.0053 $ 390,630 $ 50,000 $ 340,630 2026 $ 6,163,138 $ 4,593,006 $ 10,756,144 $ 50,000,000 $ 124,284,350 $ $ 135,040,494 $ 127,696,938 0.0053 $ 676,794 $ 50,000 $ 626,794 2027 $ 6,409,663 $ 4,822,656 $ 11,232,320 $ 54,990,000 $ 185,488,568 $ $ 196,720,887 $ 189,377,331 0.0053 $ 1,003,700 $ 50,000 $ 953,700 2028 $ 6,666,050 $ 5,063,789 $ 11,729,839 $ 25,000,000 $ 219,762,996 $ $ 231,492,835 $ 224,149,279 0.0053 $ 1,187,991 $ 50,000 $ 1,137,991 2029 $ 6,932,692 $ 5,316,979 $ 12,249,671 $ 25,000,000 $ 255,751,146 $ $ 268,000,816 $ 260,657,260 0.0053 $ 1,381,483 $ 50,000 $ 1,331,483 2030 $ 7,209,999 $ 5,582,828 $ 12,792,827 $ - $ 268,538,703 $ $ 281,331,530 $ 273,987,974 0.0053 $ 1,452,136 $ 50,000 $ 1,402,136 2031 $ 7,498,399 $ 5,861,969 $ 13,360,369 $ $ 281,965,638 $ $ 295,326,007 $ 287,982,451 0.0053 $ 1,526,307 $ 50,000 $ 1,476,307 2032 $ 7,798,335 $ 6,155,068 $ 13,953,403 $ $ 296,063,920 $ $ 310,017,323 $ 302,673,767 0.0053 $ 1,604,171 $ 50,000 $ 1,554,171 2033 $ 8,110,269 $ 6,462,821 $ 14,573,090 $ $ 310,867,116 $ $ 325,440,206 $ 318,096,650 0.0053 $ 1,685,912 $ 50,000 $ 1,635,912 2034 $ 8,434,680 $ 6,785,962 $ 15,220,642 $ $ 326,410,472 $ $ 341,631,113 $ 334,287,557 0.0053 $ 1,771,724 $ 50,000 $ 1,721,724 2035 $ 8,772,067 $ 7,125,260 $ 15,897,327 $ $ 342,730,995 $ $ 358,628,322 $ 351,284,766 0.0053 $ 1,861,809 $ 50,000 $ 1,811,809 2036 $ 9,122,949 $ 7,481,523 $ 16,604,472 $ $ 359,867,545 $ $ 376,472,018 $ 369,128,462 0.0053 $ 1,956,381 $ 50,000 $ 1,906,381 2037 $ 9,487,867 $ 7,855,599 $ 17,343,467 $ $ 377,860,922 $ $ 395,204,389 $ 387,860,833 0.0053 $ 2,055,662 $ 50,000 $ 2,005,662 2038 $ 9,867,382 $ 8,248,379 $ 18,115,761 $ $ 396,753,969 $ $ 414,869,730 $ 407,526,174 0.0053 $ 2,159,889 $ 50,000 $ 2,109,889 2039 $ 10,262,077 $ 8,660,798 $ 18,922,876 $ $ 416,591,667 $ $ 435,514,542 $ 428,170,986 0.0053 $ 2,269,306 $ 50,000 $ 2,219,306 2040 $ 10,672,561 $ 9,093,838 $ 19,766,399 $ $ 437,421,250 $ $ 457,187,649 $ 449,844,093 0.0053 $ 2,384,174 $ 50,000 $ 2,334,174 ELM AM $ 225,737,000 $ 25,389,904 $ 802,183 $ 24,587,721 Page 403 Item#13. ions: Values based on Ada County Assessor 2019 Data for original District properties(latest available)then 2020 values for Idaho Block expansion area Land values inflate at 8%per year for 5 years,then 4%for the remainder of the Plan term Improvement values inflate at 10%per year for 5 years then 5%for the remainder of the term Tax Rate reduced by 10%in consideration of impacts of HB389;anticipation of potential further modifications to the property tax system;and the further termination oft Idaho Block Annexed to original Union District in 2021 New construction values based upon developer's estimates Earliest C.O for private development projects will be in 2024 Residential units will not be owner occupied and thus not subject to the Homeowners Property Tax Exemption Residential units will all be market rate rental units 10%of annual Revenue Allocation yield will be paid to Meridian Development Corporation for administration-Capped at$50,000/year Balance of Revenue Allocation Yield will be available for capital investment and/or program expenses City of Meridian,subject to available funds pursuant to annual appropriations and budgeting,may provide$3,800,000 in 2025 to support development of a Community Center within the District. This does not represent a commitment by the City; rather is included to assess potentially available funds to support projects. Page 404 Item#13. Union District, as amended by the First Amendment, Cash Flow Analysis 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Beginning Balance $ $ 50,000 $ 50,000 $ 28,430 $ 10,597 $ 1,834 $ 42,464 $ 79,258 $ 132,958 $ 170,949 $ 152,432 Source of Funds Total Revenue Allocation $ $ - $ 3,430 $ 7,167 $ 11,237 $ 390,630 $ 676,794 $1,003,700 $1,187,991 $ 1,381,483 $ 1,452,136 MDC Inter-District Loan* $ 75,000 $ 25,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - City Community Center Contribution $3,800,000 Total annual Funds Available $ 75,000 $ 75,000 $ 53,430 $ 35,597 $ 21,834 $4,192,464 $ 719,258 $1,082,958 $1,320,949 $ 1,552,432 $ 1,604,568 Use of Funds District Operating Expenses $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 20,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 Repay Inter-District Loan @ 5% $ - $ - $ - $ - $ - $ - $ 115,000 $ - $ - $ - $ - Program,Capital and Debt Service Expenses $ - $ - $ - $ - $4,100,000 $ 475,000 $ 900,000 $1,100,000 $ 1,350,000 $ 1,400,000 Total Use of Funds $ 25,000 $ 25,000 $ 25,000 $ 25,000 $ 20,000 $4,150,000 $ 640,000 $ 950,000 $1,150,000 $ 1,400,000 $ 1,450,000 Ending Balance $ 50,000 $ 50,000 $ 28,430 $ 10,597 $ 1,834 $ 42,464 $ 79,258 $ 132,958 $ 170,949 $ 152,432 $ 154,568 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 Total Beoinning Balance $ 154,568 $ 130,875 $ 135,046 $ 220,958 $ 142,682 $ 154,491 $ 160,872 $ 166,534 $ 176,423 $ 145,729 Source of Funds Total Revenue Allocation $ 1,526,307 $ 1,604,171 $ 1,685,912 $ 1,771,724 $1,861,809 $1,956,381 $2,055,662 $2,159,889 $2,269,306 $ 2,384,174 $25,389,903 MDC Inter-District Loan $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 100,000 City Community Center Contribution $ 3,800,000 Total Funds Available $ 1,680,875 $ 1,735,046 $ 1,820,958 $ 1,992,682 $2,004,491 $2,110,872 $2,216,534 $2,326,423 $2,445,729 $ 2,529,903 $29,289,903 Use of Funds District Operating Expenses $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 920,000 Repay Inter-district Loan @ 5% $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 115,000 Program,Capital and Debt Service Expenses $ 1,500,000 $ 1,550,000 $ 1,550,000 $ 1,800,000 $1,800,000 $1,900,000 $2,000,000 $2,100,000 $2,250,000 $ 2,324,000 $28,099,000 Total Use of Funds $ 1,550,000 $ 1,600,000 $ 1,600,000 $ 1,850,000 $1,850,000 $1,950,000 $2,050,000 $2,150,000 $2,300,000 $ 2,374,000 $29,134,000 Ending Balance $ 130,875 $ 135,046 $ 220,958 $ 142,682 $ 154,491 $ 160,872 $ 166,534 $ 176,423 $ 145,729 $ 155,903 Page 405 Item#13. Union District, as amended by the First Amendment, Cash Flow Analysis Assumigtions Initial District Start-up costs supported by MDC Inter-district Loan of$100,000 to be repaid at 5%Interest 10%of annual TIF yield dedicated to Meridian Development Corporation for District operating Expenses,capped at$50,000,Yr. Land Values will increase at an average of 8%annually for 5 years then at 4010 over the remaining life of the District Improvement Values will increase at an average of 10%annually for 5 years then at 5%over the remaining life of the District $28,124,000 available for District Program Expenses, Capital Investment and Debt Service* *Includes$3,800,000 City of Meridian contribution to Community Center;not a binding commitment Page 406 Item#13. Exhibit 4 Summary of Ordinance No. 4832-4104-2941, v. 1 Page 407 Item#13. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. §50-901(A) CITY OF MERIDIAN ORDINANCE NO. 21- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, APPROVING THE FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT, WHICH FIRST AMENDMENT SEEKS TO ANNEX CERTAIN PARCELS TO THE EXISTING UNION DISTRICT PROJECT AREA; WHICH FIRST AMENDMENT INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO COUNTY AND STATE OFFICIALS AND THE AFFECTED TAXING ENTITIES; PROVIDING SEVERABILITY; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION 1: It is hereby found and determined that: (a) The area to be added to the existing Union District Project Area as defined in the First Amendment is a deteriorated area or a deteriorating area as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law and Act. (b) The rehabilitation, conservation, development and redevelopment of the urban renewal area pursuant to the First Amendment are necessary in the interests of public health, safety, and welfare of the residents of the City. (c) There continues to be a need for the Agency to function in the City. (d) The First Amendment conforms to the City of Meridian Comprehensive Plan as a whole. (e) The First Amendment gives due consideration to the provision of adequate park and recreation areas and facilities that may be desirable for neighborhood improvement (recognizing the mixed use components of the First Amendment and the need for overall public improvements), and shows consideration for the health, safety, and welfare of any children, residents or businesses in the general vicinity of the urban renewal area covered by the First Amendment. (f) The First Amendment affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation, development and redevelopment of the urban renewal area by private enterprises. (g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the First Amendment provides a feasible method for relocation obligations of any displaced families residing within the ORDINANCE SUMMARY - 1 Page 408 Item#13. Amended Project Area and there is not anticipated to be any activity by the Agency that would result in relocation. (h) The collective base assessment rolls for the revenue allocation areas under the Existing Project Areas, the Proposed Project Areas and the area added by the First Amendment, do not exceed ten percent(10%) of the assessed values of all the taxable property in the City. (i) The area to be added by the First Amendment does not exceed ten percent (10%) of the geographical area contained within the existing Union District Project Area, and the area to be added is contiguous to the existing Union District Project Area. 0) The First Amendment includes the requirements set forth in Idaho Code § 50-2905 with specificity. (k) The First Amendment is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes (if any) land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions. (1) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code section 50-2018(9) and Idaho Code section 50-2903(8)(f), does not include any agricultural operation requiring consent. (m) The portion of the Amended Project Area which is identified for non-residential uses is necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of the Comprehensive Plan to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. (n) The portion of the Amended Project Area which is identified for residential uses is necessary and appropriate as there is a shortage of housing of sound standards and design which is decent, safe and sanitary in the City; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the City. SECTION 2: The City Council finds that the area added by the First Amendment does not include open land, that the Agency may acquire land within the Amended Project Area, and that the Amended Project Area is planned to be redeveloped in a manner that will include both residential and nonresidential uses. SECTION 3: The City Council finds that one of the First Amendment objectives to increase the residential opportunity does meet the sound needs of the City and will provide housing ORDINANCE SUMMARY - 2 Page 409 Item#13. opportunities in an area that does not now contain such opportunities, and the portion of the Amended Project Area which is identified for nonresidential uses are necessary and appropriate to facilitate the proper growth and development standards in accordance with the objectives of City's Comprehensive Plan, to overcome economic disuse, the need for improved traffic patterns, and the need for the correlation of this area with other areas of the City. SECTION 4: The First Amendment, a copy of which is attached hereto and marked as Exhibit 3 and made a part hereof by attachment, be, and the same hereby is, approved. As directed by the City Council, the City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the November 23, 2021, hearing and incorporate changes or modifications, if any. SECTION 5: The boundaries of the area added by the First Amendment overlap the boundaries of the ACHD, which has the responsibility for the maintenance of roads and highways within the City. The Agency has negotiated an agreement with the ACHD pursuant to Idaho Code Section 50-2908(2)(a)(iv) for the area added by the First Amendment. SECTION 6: The City Council declares that nothing within the First Amendment is intended or shall be interpreted to usurp the jurisdiction and authority of ACHD as defined in chapter 14, Title 40, Idaho Code. Further, pursuant to Section 40-1415, Idaho Code, ACHD has authority over the planning, location, design, construction, reconstruction, and maintenance of the City rights of way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads, and retaining walls. In the planning process, ACHD shall take into consideration the principles contained in the First Amendment. SECTION 7: No direct or collateral action challenging the First Amendment shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from and after the effective date of this Ordinance adopting the First Amendment. SECTION 8: Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Ada County Assessor, and to the appropriate officials of Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, West Ada School District, Ada County Ambulance/EMS, Meridian Cemetery Maintenance District, College of Western Idaho, Meridian Free Library District, Mosquito Abatement District, the Western Ada Recreation District, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of the area added, and a map indicating the boundaries of the area added. SECTION 9: The City Council hereby finds and declares that the Revenue Allocation Area, as amended to include the additional area as defined in the First Amendment, the equalized assessed valuation of which the City Council hereby determines is likely to increase and/or continue to increase as a result of the initiation and completion of urban renewal projects pursuant to the First Amendment. SECTION 10: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the Agency's Board of ORDINANCE SUMMARY - 3 Page 410 Item#13. Commissioners: If any City Council members are appointed to the Board, they are not acting in an ex officio capacity but, rather, as private citizens who, although they are also members of the City Council, are exercising their independent judgment as private citizens when they sit on the Board. Except for the powers to appoint and terminate Board members and to adopt the First Amendment, the City Council recognizes that it has no power to control the powers or operations of the Agency. SECTION 11: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not exercise its power under Idaho Code section 50-2006 to designate itself as the Agency Board. SECTION 12: This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2021, to the extent permitted by the Act, for the area added by the First Amendment, with the existing Union District Project Area maintaining its base assessment roll as of January 1, 2020. SECTION 13: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such determination shall not affect the validity of remaining portions of this Ordinance. SECTION 14: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 15: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 16: Savings Clause. This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. PASSED by the City Council of the City of Meridian, Idaho, this day of December 2021. APPROVED by the Mayor of the City of Meridian, Idaho, this day of December 2021. EXHIBITS TO THE ORDINANCE Exhibit 1 A Resolution of the Planning and Zoning Commission for the City of Meridian, Idaho, Validating Conformity of the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project with the City of Meridian's Comprehensive Plan Exhibit 2 Notice Published in the Idaho Press Exhibit 3 First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project ORDINANCE SUMMARY -4 Page 411 Item#13. Exhibit 4 Ordinance Summary SUMMARY OF THE FIRST AMENDMENT TO THE URBAN RENEWAL PLAN FOR THE UNION DISTRICT URBAN RENEWAL PROJECT The First Amendment ("First Amendment") to the Urban Renewal Plan for the Union District Urban Renewal Project("Plan") was prepared by the Urban Renewal Agency of the City of Meridian aka the Meridian Development Corporation("MDC" or the "Agency")pursuant to the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended(the "Law"), the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"), and all applicable laws and ordinances and was approved by the Agency. The First Amendment amends the Plan and the existing Project Area to add approximately 1.46 acres of land(including rights-of-way) adjacent and contiguous to the northwestern boundary of the existing Project Area. The First Amendment proposes that the Agency undertake urban renewal projects, including identifying public facilities for funding pursuant to the Law and the Act. The First Amendment contains a revenue allocation financing provision pursuant to the Act, that for the area added will cause property taxes resulting from any increase in equalized assessed valuation in excess of the equalized assessed valuation as shown on the base assessment roll as of January 1, 2021, to be allocated to the Agency for urban renewal purposes. The boundary of the additional area includes both urban renewal and revenue allocation areas. The existing Project Area contains a previously adopted revenue allocation financing provision pursuant to the Act that will continue to cause property taxes resulting from any increase in equalized assessed valuation in excess of the equalized assessed valuation as shown on the base assessment roll as of January 1, 2020, to be allocated to the Agency for urban renewal purposes. The First Amendment does not extend the Plan's duration. The Plan terminates on December 31, 2040; however, revenue allocation proceeds will be received in 2041 pursuant to Idaho Code Section 50-2905(7). The general scope and objectives of the First Amendment area are limited to addressing the annexation of the additional area into the existing Project Area, recognizing certain portions of the Economic Feasibility Study may be restated to the extent additional information is available related to the timing of projects impacting revenue generation and project funding in the expansion area: The First Amendment proposes improvements to the Amended Project Area generally including streets, utilities, and other public rights-of-way amenities as well as construction and/or improvements to parks,plazas and open space, a community center, facade improvements,public parking (structured and surface parking),property acquisition to support development and/or redevelopment goals,planning studies and brownfield and/or environmental clean-up. Any such land uses as described in the First Amendment will be in conformance with zoning for the City and the City's Comprehensive Plan, as amended. Land made available will be developed by private enterprises or public agencies as authorized by law. The First Amendment identifies ORDINANCE SUMMARY - 5 Page 412 Item#13. various public and private improvements which may be made within the Amended Project Area. The area added to the existing Union District Project Area and Revenue Allocation Area by the First Amendment is generally described as follows: An area consisting of approximately 1.46 acres (including rights-of-way) of land contiguous to the northwestern boundary of the Union District Project Area and generally bounded by E. Idaho Avenue on the north,NE 2nd Street on the east, a portion of Broadway Avenue on the south, and E. Main Street on the west, an area referred to as the"Idaho Block" and as more particularly described in the First Amendment and depicted in the Map below: ORDINANCE SUMMARY - 6 Page 413 Item#13. EXHIBIT 8 SKETCH TO ACCOMPANY URBAN RENEWAL DISTRICT DESCRIPTION FDR MERIDIAN DEVELOPMENT CORPORATION LOCATED IN THE NW 114 OF THE SW 114 OF SECTION 7, TOWNSHIP .3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO POINT- OF F A2480 AVENUE BEGINNING 5495 OF Ln4MING 5 88'4359" £ 380.03, 40.00' o 40.00' 0 0 v h + w 4 � ❑ u7 Q a Q� 41 d a 8' 9" W 6 60.D2' 3190) 720,05' 2 r"33 - I4 oti I w a f q oa' 40 I N &T44 b�" W 90,05 t O 380 15 E 9RCb4MY AYE WC — LEGEND URD 90UNLWRY ayAAL A ly SG LIRD AREA ° 187 4 c CIVIL SURVEY CONSULTANTS, INC. r . 2893 SOUTH MERIDIAN ROAD T£ F ,qt � MERIDIAN, IDAHO83642 64 KG() (208)8884312 srAr✓_ I"=sa' Section 100 is amended to update references to the Plan Attachments, the procedural history and history of the area added by the First Amendment. ORDINANCE SUMMARY - 7 Page 414 Item#13. Section 200 is amended to update references to the Amended Project Area maps and legal descriptions. Sections 300 is amended to update the proposed redevelopment actions. The First Amendment also updates the revenue allocation financing provisions in Section 500. Among other sources, the First Amendment will utilize revenue allocation financing as authorized by the Act. Increases in assessed valuation of real and personal property in the area added by the First Amendment that occur after January 1, 2021, and for the existing Project Area that occur after January 1, 2020, will generate revenue for the Agency to pay project costs. The assessed valuation of real and personal property on the base assessment roll is still available for use by the other taxing districts, Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, West Ada School District, Ada County Ambulance/EMS, Meridian Cemetery Maintenance District, College of Western Idaho, Meridian Free Library District, Mosquito Abatement District, Western Ada Recreation District to finance their operations. The First Amendment authorizes the Agency to sell revenue bonds to finance project costs and to use annual revenue allocations to pay debt service, as well as developer/owner participation agreements and revenue allocation proceeds. Attachment 5 is supplemented to include the financial analysis related to the 2021 annexation and describes in detail the cost and financing methods for complete repayment of any debt incurred used to finance projects and to also fund the additional described activities for the area added by the First Amendment. The First Amendment follows the underlying zoning classifications of the City. The First Amendment does not extend the duration of the existing Plan and Project Area, which will terminate on December 31, 2040, except for any revenue allocation proceeds received in calendar year 2041, as contemplated by Idaho Code § 50-2905(7). ATTACHMENTS TO THE FIRST AMENDMENT Attachment IA Boundary Map of the Additional Area Attachment 2A Legal Description of the Boundary of the Additional Area Attachment 4A Map Depicting Expected Land Uses and Current Zoning Within the Area Added by the First Amendment Attachment 5A Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2021 Annexation This Ordinance shall be in full force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2021, to the extent permitted by the Act. ORDINANCE SUMMARY - 8 Page 415 Item#13. Upon the effective date of this Ordinance, the City Clerk is authorized and directed to transmit to the County Auditor and Ada County Assessor, and to the appropriate officials of Ada County Board of County Commissioners, City of Meridian, Ada County Highway District, West Ada School District, Ada County Ambulance/EMS, Meridian Cemetery Maintenance District, College of Western Idaho, Meridian Free Library District, Mosquito Abatement District, Western Ada Recreation District, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of the area added, and a map indicating the boundaries of the area added. A full text of this ordinance and the First Amendment are available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. City of Meridian Mayor and City Council By: Chris Johnson, City Clerk First Reading: 11/16/2021; Second Reading and Public Hearing: 11/23/2021; Third Reading: 12/7/2021 STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 2 1- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of December, 2021. William. L.M. Nary, City Attorney 4847-3467-3917,v. 1 ORDINANCE SUMMARY - 9 Page 416 Item#14. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Fast Eddy's at Eagle (H-2021-0068) by Steve Eddy, Located at 3775 N. Eagle Rd. Item will be continued to November 30, 2021 A. Request: Modification to the Existing Development Agreement (H-2018-0006 - Inst. #2018- 042029) to remove the requirement for the driveway along the west side of the retail store to be extended to the north property boundary for future extension and interconnectivity in accord with UDC 11-3A-3A; and a cross-access/ingress-egress easement to be provided to the property to the north (Parcel #R4582530202, 13984 W. Jasmine Ln.). Page 417 Item#14. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: November 9, 2021 Topic: Public Hearing for Fast Eddy's at Eagle (H-2021-0068) by Steve Eddy, Located at 3775 N. Eagle Rd. A. Request: Modification to the Existing Development Agreement (H-2018-0006 - Inst. #2018-042029) to remove the requirement for the driveway along the west side of the retail store to be extended to the north property boundary for future extension and interconnectivity in accord with UDC 11-3A-3A; and a cross-access/ingress-egress easement to be provided to the property to the north (Parcel #R4582530202, 13984 W.Jasmine Ln.). Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 418 Item#14. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 11/23/2021 �� -, g DATE: LegeR-� let �i� fllon, A m TO: Mayor&City Council 77` �TO FROAM: Sonya Allen,Associate Planner RUT R 208-884-5533 m' 1 SUBJECT: H-2021-0068 -4 R= R- Fast Eddy's at Eagle LOCATION: 3775 N. Eagle Rd.,in the SE 1/4 of -N Section 32,Township 4N.,Range 1E. RUT RWR- C- i V R1 Rig- 2 R-8 _ R-. 5 l -8 �1 R:g RUT .4 RUT R R•8 R-2 I. PROJECT DESCRIPTION Modification to the existing Development Agreement(H-2018-0006-Inst. #2018-042029)to remove the requirement for the driveway along the west side of the retail store to be extended to the north property boundary for future extension and interconnectivity in accord with UDC 11-3A-3A; and a cross-access/ingress-egress easement to be provided to the property to the north(Parcel #R4582530202, 13984 W.Jasmine Ln.). II. SUMMARY OF REPORT A. Applicant: Steve Eddy,Fast Eddy's—2151 N. Greenview Ct.,Eagle,ID 83616 B. Owner: Same as Applicant C. Representative: Same as Applicant III. STAFF ANALYSIS The UDC (11-3A-3A.2) requires cross-access easements to be granted to adjoining properties where access to a local street is not available unless otherwise waived by City Council. The abutting property to the north fronts on a state highway(N. Eagle Rd./SH-55)and does not have access via a local street. Thus,the reason the driveway access and easement were required.Without this access,the undeveloped parcel to the north would have no access other than the state highway until such time as the property to the west (i.e. Delano Subdivision) develops, which granted a cross-access easement to them through their multi-family development for access via the future extension of N. Centrepoint Way. Page 1 Page 419 Item#14. The driveway was required to be constructed and an access easement granted with development of this site prior to issuance of the first Certificate of Occupancy(see provisions in Section V). The Applicant did not wish to construct the driveway or provide an access easement at that time so the Planning Division recommended the Applicant apply for an amendment to the DA to remove the requirements. A temporary Certificate of Occupancy was issued in order for the Applicant to apply for an amendment, which has since expired. The Applicant proposes to meet with the property owner to the north at the time of development to see if it makes sense to both of them to install an access at that time. Note:An assisted living facility was approved to develop on the abutting property to the north through a Conditional Use Permit(CAR20- 00004 &PUD20-00008)for a Planned Residential Development in the City of Boise. This approval will expire on March 9, 2022 if a building permit hasn't been obtained by that time; or unless a time extension is approved. The site plan approved with the PUD depicts a driveway access to this site for cross-access/ingress-egress. Because this is a UDC requirement, Staff cannot waive the requirement and therefore, cannot support the request. The UDC does allow for a Council waiver to this standard if deemed appropriate by City Council. IV. DECISION A. Staff: Staff recommends denial of the modification to the DA as proposed;however,City Council has the authority to waive the requirement in UDC 11-3A-3A.2 and approve the Applicant's request if they deem appropriate. Page 2 Page 420 Item#14. V. EXISTING DEVELOPMENT AGREEMENT PROVISIONS PROPOSED TO BE REMOVED: 5.1 d. The driveway along the west side of the retail store shall extend to the north property boundary for future extension and interconnectivity in accord with UDC 11-3A-3A. e. A cross-access/ingress-egress easement shall be provided to the property to the north (Parcel#R4582530202, 13984 W. Jasmine Ln.)with development of this site in accord with UDC 11-3A-3A.2.A recorded copy of said easement shall be submitted to the City prior to issuance of the first Certificate of Occupancy on the site. Page 3 Page 421 Item#15. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing Continued from October 19, 2021 for Regency at River Valley Phase 3 (H-2021-0059) by Bach Homes, Located at 3270 and 3280 E. River Valley St. and 2480 N. Eagle Rd. Item will be continued to November 30, 2021 A. Request: Request: Modification to the existing Development Agreements (Inst. #113005608 — SGI and Inst. #2020-062947— Bach Storage) to remove the property from the existing agreements and create one new agreement for the development of a 134-unit multi-family project. Page 422 Item#15. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: November 23, 2021 Topic: Public Hearing Continued from October 19, 2021 for Regency at River Valley Phase 3 (H-2021-0059) by Bach Homes, Located at 3270 and 3280 E. River Valley St. and 2480 N. Eagle Rd. A. Request: Request: Modification to the existing Development Agreements (Inst. #113005608 - SGI and Inst. #2020-062947 - Bach Storage) to remove the property from the existing agreements and create one new agreement for the development of a 134-unit multi-family project. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 423 Item#15. [MACH HOMES November 3,2021 Meridian Community Development Department ATTN: Sonya Allen,Associate Planner 33 East Broadway Avenue,STE 102 Meridian,ID 83642 RE: Regency at River Valley Phase III Continuation of H-2021-0059,held on October 19,2021 Dear Sonya, On October 19, 2021, the Meridian City Council heard an application to remove existing Development Agreements (Inst. #113005608 & #2020-062947) in support of a new 134-unit multi-family housing project, known as Phase III of the "Regency at River Valley". The Subject Property is located at 3270 and 3280 East River Valley St. and 2480 North Eagle Road. At the October 19th City Council meeting,council members had questions and concerns regarding the following items: • Traffic generated from the new phase,and safety of existing access, • Additional student to West Ada School District, • Existing Development Agreement modification,and creation of new Development Agreement, • Suitability for a multi-family housing project on Eagle Road,and • If the new phase would meet the Development Code requirements (open space, off-street parking, landscaping,open space and site amenities)in the Conditional Use Permit review. After due deliberations,City Council moved to table the hearing to the regularly scheduled City Council hearing scheduled for November 23, 2021. In preparation for that meeting, I offer the following narratives for the issues that I heard at the October 19th hearing. TRAFFIC The existing project benefits from two full access points to East River Valley Street, and the proposed new phase of the development anticipates tying into an existing Right-In/Right-Out access to East River Valley Street that currently provides access to a Mattress Firm Great Wall ;o:<'• 9. retail store located at 2420 North Eagle Road.That access drive will continue to serve the retail store,the new phase of Regency,and extend north to the Great Wall restaurant property located at 2590 North Eagle Road. Of note,the Great Wall has a temporary access to Eagle Road that will w a be closed once the "backage road" is improved. Discussions with Caleb Hood set the expectation that the Mattress Firm "backage road" would extend from East River Valley Road to the north,past the Great Wall restaurant,where it will tie into a new access point on Eagle Road.We feel that access on and off the property will be greatly East River Valley Street enhanced with this new road alignment. Page 424 11650 South State Street,Suite 300 • Draper, Utah 84020 • Phone: 801.727.9500 Fax:801.727.9501 • www.bachhomes.com Item#15. Another item that was discussed at the October 19th meeting was the existing access point to Regency at River Valley a properly functioning access point? The following link from the Idaho Transportation Department "Safety Dashboard" shows that from January 1,2016, to December 31, 2020, there have been a total of four documented traffic accidents at the main entrance to Regency at River Valley St.,all of which were limited to "property damage"and did not involve personal injury. https://itd.numetric.net/itd-safety-dashboards#/?view id=2 A Traffic Impact Study was scoped with ITD and has been submitted for their review. Key findings from the TIS included: • Acceptable Levels of Service at all intersections, • Closure of the existing access to Eagle Road was taken into consideration, • The backage road connection from River Valley Street to a northerly access to Eagle Road was considered, • Signal timing adjustments may be required to achieve maximum efficiency,and • No other mitigations were required or recommended. (See Exhibit 1: "Summary of Key Findings" from that TIS.) STUDENTS West Ada County School District provided comments stating that an additional 14 students would reside within the new phase of development. Bach Homes would defer to the School District's expertise on this issue but would add that this development is aimed towards young professionals.This type of demographic is anticipated due to the type of "quality of life" amenities, and the number of studio and 1-bedroom units that will be provided. DEVELOPEMNT AGREEMENT MODIFICATION The subject property is currently encumbered with two separate development agreements. One DA was in anticipation of a retail strip and restaurant with drive-through;the other DA was in anticipation of storage units being improved on the two vacant lots fronting on Eagle Road. Bach Homes is seeking to no longer be subject to the terms of the two existing Development Agreements replacing them with the proposed Development Agreement Provisions contained within the Staff Report. (See Exhibit 2: "Development Agreement Provisions".) That DA will direct the development under the following requirements: • Development of the property shall be generally consistent with the submitted conceptual plans, • Existing access to Eagle Road from Great Wall restaurant property will be closed, • A reciprocal"Cross-Access"agreement will be recorded to benefit all properties involved, • 10-wide multi-use pathway along Eagle Road frontage(easement and improvements), • A Conditional Use Permit, Certificate of Zoning Compliance and administrative Design Review process will be required for the proposed 134-unit complex proposed on the subject property. We would also propose that an easement from Phase I of the Regency at River Valley be drafted to allow all amenities provided within the existing phases(pool,pet park,BBQ stations,Clubhouse,24-hour fitness facility, and covered picnic areas)be available to residents within Phase III.That easement shall recorded with the Ada County Recorders office prior to the issuance of Occupancy Permits for Phase III. Page 425 i Item#15. I MULTI-FAMILY HOUSING ON EAGLE ROAD Tenants of Phase I and II of The Regency at River Valley enjoy very comfortable living environments and are not negatively impacted from traffic on Eagle Road.Being located near shopping,recreational facilities (Julius M.Kleiner Memorial Park),public transportation and employment areas,this property meets many of the goals and policies identified in the Meridian Comprehensive Plan for high-density housing. Construction standards implemented by the Uniform Building Code establish a buildings quality, safety and energy performance for years to come because initial design and construction decisions determine operation and maintenance costs for the life of the building.The requirement of quality materials and designs will help mitigate the impacts of noise being generated in the general vicinity. Per the staff report submitted, "High density residential (i.e. "apartments") uses are desired in the Mixed Use —Regional Future Land Use Map (FLUM) designation especially when located adjacent to SH—55/Eagle Rd. and employment centers such as those along the Eagle Road corridor. The proposed development will be a third phase of the existing apartments to the eat and will contribute to the mix of commercial(retail,restaurants, ect.),office and civic(Kleiner Park,Senior Center) uses in the area." CONDITIONAL USE PERMIT Multi-family housing projects located in the General Commercial and Community Commercial zones are reviewed and approved through the Conditional Use Permit process.Staff will fully review the application for completeness and review the application submission to the existing standards contained within the Meridian Zoning Code. Staff will then make a recommendation to the Planning Commission before the public hearing. The request is to release the subject property from the current Development Agreements and create a new Development Agreement to support the development of a 134-unit multi-family project.We are confident that Staff and the Planning&Zoning Commission will find that great attention to detail has been implemented into our CUP application,and we are excited to provide another 134 living units to the city of Meridian. Respectfully submitted �&i a - Brandon Whallon,ACIP Bach Homes Pre-Development Manager Page 426 e, Item#15. HALIES ENGINEERING Meridian - Regency at River Valley Phase 3 innovative transportation solutions Traffic Impact Study SUMMARY OF KEY FINDINGS & RECOMMENDATIONS Project Conditions • The development will consist of apartment dwelling units • The project is anticipated to generate approximately 676 weekday daily trips, including 45 trips in the morning peak hour, and 55 trips in the evening peak hour Background Plus Project • South Project Access/River Valley Street: Trips from the proposed Jewelry Assumptions • None Store to the north of the project as well as cut-thru from the adjacent apartments was assumed at this access Findings • Acceptable LOS at all study intersections • Acceptable LOS at all study intersections • South Project Access/River Valley Street: Trips from the proposed Jewelry Assumptions None Store to the north of the project as well as cut-thru from the adjacent apartments was assumed at this access ---------------------------------------------------- --------------------------------------------------------- Findings • Acceptable LOS at all study intersections • Acceptable LOS at all study intersections • None. Signal timing adjustments may become necessary to prevent excessive Mitigations None westbound queueing past the South Access /River Valley Street intersection in future years. ii Page 427 Item#15. ���� Y • ���a��0� ��=��®���Yl��r �1 �l��R� VI. DEVELOPMENT AGREEMENT PROVISIONS 1. Development of the subject property shall no longer be subject to the terms of the Development Agreements for Bach Storage(H-2019-0121,Inst.#2020-062947)and SGI(AZ-12-010,Inst. #113005608). 2. Development of the subject property shall be generally consistent with the conceptual development plan shown in Section V.B. 3. Direct access to the site via N.Eagle Rd./SH-55 is prohibited per UDC I1-3H-4B.2. 4. A cross-access easement shall be granted to the properties to the north(Parcel#S 1104233802), east(Parcel#R0748300100)and south(Parcel#R7476320010)for access via E. River Valley Street.A copy of the recorded easements shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for this site. 5. A 10-foot wide multi-use pathway shall be constructed along N.Eagle Rd. and E.River Valley St.within a public use easement;pedestrian lighting and landscaping shall be installed along the pathway consistent with the Eagle Road Corridor Study per the standards listed in UDC 11-3H- 4C.3. 6. A public pedestrian easement for the multi-use pathway shall be submitted to the City,approved by City Council,and recorded prior to issuance of the first Certificate of Occupancy on this site as set forth in UDC 11-3H-4C.3. 7. Future development shall comply with the design standards listed in the Architectural Standards Manual. 8. A conditional use permit is required to be submitted and approved by the Planning and Zoning Commission for the proposed multi-family development in the C-C and C-G zoning districts as set forth in UDC Table 11-213-2.The proposed use is subject to the specific use standards listed in UDC 11-4-3-27 Multi-Family Development. 9. A Certificate of Zoning Compliance and administrative Design Review applications shall be submitted to and approved by the Planning Division prior to submittal of a building permit application(s). Page 9 Page 428 Item#15. STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING 11/23/2021 Legend ffL DATE: Continuedfrom 9128121 and 10119121 ( �- iLcofl�n 0 E TO: Mayor&City Council e IBC FROAM: Sonya Allen,Associate Planner E 208-884-5533 - SUBJECT: H-2021-0059 I Regency at River Valley Phase 3 LOCATION: 3270&3280 E. River Valley St. &2480 N. Eagle Rd.,in the NW 1/4 of Section 4, Township 3N.,Range IE. I. PROJECT DESCRIPTION Modification to the existing Development Agreements(AZ-12-010, Inst. #113005608—SGI; and 11- 2019-0121, Inst. #2020-062947—Bach Storage)to remove the subject property from the existing agreements and create one new agreement for the development of a 134-unit multi-family project(i.e. Regency at River Valley Phase 3). II. SUMMARY OF REPORT A. Applicant: Brian Carlisle,Bach Homes— 11650 State St., Ste. 300,Draper,UT 84020 B. Owner: Shon Rindlisbacher,Bach Homes— 11650 S. State Street,Draper,UT 84020 C. Representative: Same as Applicant III. STAFF ANALYSIS The existing Development Agreements for the subject property requires the northern portion of the site to develop with a self-service storage facility (Bach Storage) and the southern portion with a 10,150 square foot multi-tenant retail store (Option A) or a 2,879 square foot restaurant with a drive-through (Option B) (SGI). The Applicant proposes to replace both of those DA's with one (1) new DA for the subject property with a new conceptual development plan. A multi-family development is proposed to develop on the site consisting of 134 apartment units on 2.57 acres of land in the C-C and C-G zoning districts.A mix Page 1 Page 429 Item#15. of studio, 1-and 2-bedroom units are proposed at a gross density of 52 units per acre. The multi-family structure is proposed to be 5-stories tall with parking and an entry lobby on the first floor. Off-street parking will be required per the standards listed in UDC Table 11-3C-6 for multi-family developments. Qualified open space will be required per the standards listed in UDC 11-4-3-27C; in phased developments such as this, common open space is required to be provided in each phase consistent with the requirements for the size&number of dwelling units. Common open space and site amenities are proposed to be shared between all phases of Regency at River Valley. Compliance with the specific use standards listed in UDC 11-4-3-27 for multi-family developments is required and will be reviewed with the conditional use permit application. Adjustments may be necessary to the concept plan to comply with these standards. A subsequent conditional use permit (CUP) application is required to be submitted and approved for the proposed multi-family development in the C-C and C-G zoning districts.Development is subject to the specific use standards listed in UDC 11-4-3-27 for multi-family developments. A detailed review will take place with the CUP application to determine consistency with the specific use standards and other UDC standards. High density residential (i.e. apartments) uses are desired in the Mixed Use —Regional Future Land Use Map (FLUM) designation especially when located adjacent to SH-55/Eagle Rd. and employment destination centers such as those along the Eagle Road corridor. The proposed development will be a third phase of the existing apartments to the east (i.e. Regency at River Valley) and will contribute to the mix of commercial (retail,restaurants, etc.), office and civic (Kleiner Park, Senior Center)uses in the area. For this reason, Staff is supportive of the proposed DA modification and has included recommended provisions for the new DA in Section VI. IV. DECISION A. Staff: Staff recommends approval of the modification to the DA as proposed by the Applicant. B. The Meridian City Council heard this item on October 19,2021. At the public hearing the Council moved to continue the subject MDA request to November 23,2021. 1. Summary of the City Council public hearing: a. In favor: Brandon Whallon Bach Homes b. In opposition:None c. Commenting: None d. Written testimony: None e. Staff presenting application: Caleb Hood f. Other Staff commenting on application:None 2. Key issue(s)of public testimony, a. None 3. Key issue(s)of discussion by City Council: a. Multi-family use along Eagle Road: entitlement process: open space and amenity provisions; school impacts; sharing of amenities and open space from previous phases and how that works:traffic flow,vehicular access/cross-access: and DA modification for the property to the east. 4. City Council change(s)to Staff recommendation: a. None Page 2 Page 430 Item#15. V. EXHIBITS A. Existing Approved Conceptual Development Plans(dated: 12/13/18) t 0 0 � I I P to MV . I I n,un al. m �I 1 I i a w eft �iiiiigll iuiiuiiuii � � - _ � — \ __ r Nl91 YAeEYBIiffI F /'RIIIIIIII III / -� Op4on A-Single 81dg C'-D1 SGI Approved Option A or B I I I I r ra � 5;I I ' Retail Bldg: ! I I 7a r 72' : I I e 5.040 d.. _ a I 1 rrve n. �I ---------------------------------- - -- - - imp LA ����� �� IIIIIIIIIIIII ♦ _ { RM VALLEY STF&7 { Dnve-Thru Allemate °® xlwnaw r-a Page 3 Page 431 Item#15. Bach Storage Approved Conceptual Development Plan J _ L�5y9 SITE INFO- 1 / SI"L AkEA B3,41$$F 11.91 ACRESI — W NDRIH BUILCING:5=0 SF LARGEBUILDING-100,WO5F SOUTH BUILDING&2COSF PARKING REQUIRED: STORAGE FACILITY--90.13W SF-O STALLS rnur - - j •. / O.-ICESPACE-IOWSF-2STALLS j ! FARKING P ROVI DED.5STALL.S(l ADA) W, � a�Oi1.�Ncus�r PIC-YCCLE$TALL$REQURC-0'1 1&I am S - qmF ' BIGYGIE STALLS PROVIDED,1 V> I I 1 r L---J L i suk x --- I E Tn BulldingA BACH STORAGE - 2500 N Eagle Rd. Meridian, ID 1 Q1-2010 SCALE:1" Page 4 Page 432 Item#15. B. Proposed Conceptual Development Plan SITE INFO: SITE AREA:83.415 SF(4.56 ACRES) UNITS:2B STACKED: 56 1 B STACKED: 56 STUDIO: 16 TOTAL: 124(48/AC) PARKING STALLS: 116 SURFACE 126 PODIUM 141,D SF) l 241 TOTAL STALLS ■wI") 1.94 STALLS,NIT w4+mow �� l l W G w Q 33. 1 m r i Q 7 w �w Lu ¢cn da 1 4 55 .. RIVER VALLEY PH. 3 - 2500 N Eagle Rd. Meridian, ID 9/03/2021 SCALE:V=30'-T Page 5 Page 433 Item#15. C. Legal Description for Property Subject to New Development Agreement &am E N G I N E E R I N G August 9,2021 Project No.21-159 Bach Investments, LLC Conditional Use Permit Legal Description Exhibit A A parcel of land being Lot 2, Block 1 of Rlvervalley Retail Subdivision(Book 105 of plats,pages 14591- 14593)and a portion of the Southwest 1/4 of the Northwest 1/4 of Section 4,Township 3 North, Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found brass cap markingthe West 1/4 cornerof said Section 4,which bears 500°36'00"W a distance of 2,611.39 feet from a found brass cap markingthe Northwest corner of said Section 4,thence following the westerly line of said Section 4,N00'36'00"E a distance of 180.44 feet; Thence leaving said westerly line,S89'24'00"E a distance of 70.00 feet to a found 1/2-inch rebar marking the Northwest corner of said Rivervalley Retail Subdivision,an the easterly right-of-way line of North Eagle Road and beingthe POINT OF BEGINNING. Thence following said easterly right-of-way line,N00'36'00"E a distance of 363.50 feet to a found 5/8-inch rebar; Thence leaving said easterly right-of-way line,589"23'52"E a distance of 230.02 feet to a found aluminum cap on the westerly boundary line of Bach Subdivision (Book 113 of plats,pages 16608- 16611); Thence fallowing said westerly subdivision boundary line the following four(4)courses: 1. S00'33'50"W a distance of 217.06 feet to a found aluminum cap; 2. 500'36'08"W a distance of 145.00 feet to a found 5/8-inch rebar on the northerly boundary line of Rivervalley Retail Subdivision; 3. S89°45'23"E a distance of49.86feet; 4, S00'36'08"W a distance of 180.00 feet to the northerly right-of-way line of East River Valley Street; Thence leaving said westerly subdivision boundary line and following said northerly right-of-way line, N89`45'23"W a distance of 129,75 feet to the westerly boundary line of said Lot 2; Thence leaving said northerly right-of-way line and following the westerly boundary line of said Lot 2 the followingthree(3)courses: 1. N00"14'37"E a distance of 51.69 feet; 2 N89°39'28"W a distance of 39.00 feet; 3. N00"08'13"E a distance of 128,24 feetto the northerly boundary line of said Rivervalley Retail Subdivision; 5725 North Discovery Way•Boise,Idaho 93713 •M&G39.6939• kmengllp.com Page 6 Page 434 Item#15. Thence leaving the westerly boundary fine of said Lot 2 and following said northerly subdivision boundary line,N89°45'23"W a distance of 109.88 feet to the POINT OF BEGINNING. Said parcel contains 2,570 acres,more or less,and is subject to all existing easements and/or rights- of-way of record. All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. Attached hereto is Exhibit B and by this reference is made a part hereof. pL LANo �y`' �tiC E N S� s� Z1P6 9 � 662 A n Page 7 Page 435 Item#15. 32 33 TOWNSHIP 4 NORTH 5 TOWh- - �N Ti- LINE TABLE FOUND BRASS CAP, LINE BEARING DISTANCE NW CORNER: SECTION 4 L' SB9'24'00"E 70.00 JNPL4:IED L2 SU'35'08"W 145,00 I S89`23'52"L 230.02' L3 S89'45'23E 49.86 I L4 S938'08"W 180.00 L5 N89'45'23W 129.75 74' L6 ND'14'37.1E 51.69 L7 N89'39'28"W 39.00 it y o L8 NO'08'13"E 128.24 cti L9 N89'45'23"W 109.88 w � 0 kL LANO LOT 1,B L6CK 1 y �C L N Sf SC1,� r� BACH SUBDIVISION 'v , p D i a 6662 Lri o o�I LnOF in- fi r K� C4POINT OF BEGINMNG (Ij L1 L3 do (TIE) L9 Lu LOT 2,BLOCK 1 of°p I RIVERVALLEY RETAIL SUBDIVdSION LOT 1,BLOCK 1 L7 LD 5 LOT3.BLOC4(1,BACH SUBDIVISION 4 L5 POiN7 OF COMMF-NCEMENT E. River Valley Street FOUND BRASS CAP, W 1 f4 CORNER. SECTION 4 him 0 50 100 200 Plan Scale E N G I N E E R I N G 3725 NORTH OISCOVERY WAY PFminiz i�9i 63¢6919 EXHIBIT B kmmgflp,cnm CONDITIONAL USE PERMIT- CITY OF MERIDIAN PATE' e19,12021 PROJECT: 2:-155 SHEET; LOT 2, BLOCK 1 RIVERVALLEY RETAIL SUBDIVISION AND A PORTION OF THE SW 1/4 OF THE 1 OF 1 NW 1/4,SEC.4,T.8 W,R. 1 E.,B.M.,CITY OF MERIDIAN,ADA COUNTY,ID Page 8 Page 436 Item#15. VI. DEVELOPMENT AGREEMENT PROVISIONS 1. Development of the subject property shall no longer be subject to the terms of the Development Agreements for Bach Storage(H-2019-0121, Inst. #2020-062947)and SGI(AZ-12-010, Inst. #113005608). 2. Development of the subject property shall be generally consistent with the conceptual development plan shown in Section V.B. 3. Direct access to the site via N. Eagle Rd./SH-55 is prohibited per UDC 11-3H-4B.2. 4. A cross-access easement shall be granted to the properties to the north(Parcel#S1104233802), east(Parcel#R0748300100)and south(Parcel#R7476320010) for access via E. River Valley Street.A copy of the recorded easements shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for this site. 5. A 10-foot wide multi-use pathway shall be constructed along N. Eagle Rd. and E. River Valley St. within a public use easement;pedestrian lighting and landscaping shall be installed along the pathway consistent with the Eagle Road Corridor Study per the standards listed in UDC 11-3H- 4C.3. 6. A public pedestrian easement for the multi-use pathway shall be submitted to the City, approved by City Council, and recorded prior to issuance of the first Certificate of Occupancy on this site as set forth in UDC 11-3H-4C.3. 7. Future development shall comply with the design standards listed in the Architectural Standards Manual. 8. A conditional use permit is required to be submitted and approved by the Planning and Zoning Commission for the proposed multi-family development in the C-C and C-G zoning districts as set forth in UDC Table 11-2B-2. The proposed use is subject to the specific use standards listed in UDC 11-4-3-27 Multi-Family Development. 9. A Certificate of Zoning Compliance and administrative Design Review applications shall be submitted to and approved by the Planning Division prior to submittal of a building permit application(s). Page 9 Page 437 V IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance 21-1952A: An AMENDED Ordinance (H-2021-0048 — Mcfadden Property) For Annexation of Portion of The East % of the SE % of the SE % of Section 1, Township 3 North, Range 1 West, Ada County, Idaho, and Being More Particularly Described in Attachment "A" and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to The Corporate Limits of the City of Meridian as Requested By the City Of Meridian; Establishing and Determining the Land Use Zoning Classification of 20.45 Acres of Land from Rut To C-C (Community Business) Zoning District in the Meridian City Code, Providing That Copies of This Ordinance Shall Be Filed With the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, As Required By Law; And Providing For a Summary of the Ordinance; and Providing For a Waiver of the Reading Rules; and Providing an Effective Date. Page 455 ADA COUNTY RECORDER Phil McGrane 2021-167790 BOISE IDAHO Pgs=4 NIKOLA OLSON 11/24/2021 08:48 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. A 21-1952 BERNT, BORTON, CAVENER, BY THE CITY COUNCIL: HOAGLUN, PERREAULT, STRADER AN ORDINANCE (H-2021-0048 — MCFADDEN PROPERTY) FOR ANNEXATION OF PORTION OF THE EAST�/z OF THE SE 1/4 OF THE SE 1/4 OF SECTION 1,TOWNSHIP 3 NORTH, RANGE 1 WEST, ADA COUNTY, IDAHO, AND BEING MORE PARTICULARLY DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 20.45 ACRES OF LAND FROM RUT TO C-C (COMMUNITY BUSINESS) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit:Kobe, LLC. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to C-C (Community Business) Zoning District in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION ORDINANCE—McFadden Property(H 2O20-0048) SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half(1/2) plus one (1) of the Members of the full Council,the rule requiring two (2) separate readings by title and one(1)reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 23 day of November , 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO,this 23 day of November , 2021. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 23rd day of November ,2021,before me,the undersigned,a Notary Public in and for said State,personally appeared ROBERT E.SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk,respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO RESIDING AT: Meridian,Idaho MY COMMISSION EXPIRES: 3-28-2022 ANNEXATION ORDINANCE—McFadden Property(H 2O20-0048) EXHIBIT A ELSENGEBRITSON LAND SUR VEYS, PLLC. 2251 S. Sumac Street, Boise, Idaho 83706 Telephone (208) 859-6032 mike@elsurveys.com 28 June 2021 ELS Project No. 210603 Land Description for annexation Contains 890,594 square feet or 20.45 acres more or less EXHIBIT A The East'/2 of the SE '/4 of the SE'/4 of Section 1, Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho, described as follows: Commencing at a found brass cap monument marking the SE corner of said Section 1 at the center line intersection of West Cherry Lane and North Meridian Road, the POINT OF BEGINNING from which a found aluminum cap monument marking the E '/4 corner of said Section bears N 00°18'02" E a distance of 2648.32 feet; Thence westerly along the south line of said Section and the center line of West Cherry Lane N 89°27'04"W a distance of 675.50 feet to a point from which a found brass cap monument marking the S '/4 corner of said Section bears N 89027'04"W a distance of 1979.77 feet; Thence leaving said lines N 00°33'34" E a distance of 1324.25 feet to a found steel pin; Thence S 89027'32" E a distance of 669.51 feet to a found brass cap monument marking the S 1/16th corner on the East line of said Section 1 and the center line of said North Meridian Road; Thence southerly along said center line and Section line S 00°18'02"W a distance of 1324.35 feet to the POINT OF BEGINNING. The above-described tract of land contains 20.45 acres more or less subject to all existing easements and rights-of-way. SEE EXHIBIT B ATTACHED AND MADE PART OF 87 ,08 28 Jv.vF ZaZ-f '. K:IELSIProjects1202112106031Admin\Legals1210603 Description.doc McFadden Annexation H-21-0048 item#,6. EXHIBIT B a a ,7AV MBfA?UVJ 'J l t4I dU39H7 4( —_—___—_—_ _ -—-—-—-—-—- ,LZ'999Z M.40,LZ.0 N � �7p 64,Cb•go S Sb'f6i M.t0,[Z.SQ N' 1 I I gNI I D OQBQ I I � 2iz VI I A�A �il ��aa��yy�aag�gpopo �� I �p� yy?yNm 1 Q"� I O m A VIyN3 I SI 1 rr^^ J1 fI I Z �I a� mz O N� os`NA �MhCn tN 1\N mi(g� ~ o I 1 1 r.lms C �It I H v11+�� to a V '�1 ,ty* ��1tA m '`J' ]�- �41spOa MO � I{N,� I A rn iRRm{N 2r��0 mggm � � iln f Z` �a ^� o N O riri C A OA ZCCV 01 GS bnA i I n �y 'N '} S N Cam O rn O zmQ ooc�omz "� 1 o s �r"um P^ os ti :I CO m` J i eg cl $z `gymm n 1 fl I A�-7t try b p0�0 �2 Cgpp O gl C)C/) O Z o b� a�m m an m as i I i O I ' I 1 $ 1 m 1 A M zr.zz."-F— rG111 n 1 N COAp , '.'4wwAAA m Z I~ � C) Page 461 McFadden Annexation H-2021-0048 CERTIFICATION OF SUMMARY : William L .M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public . William L. M. Nary, dity Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO , A 214952 An Ordinance (H-2021 -0048 — McFadden Property ) for annexation of a the East % of the SE 1/4 of the SE %4 of Section 1 , Township 3 North, Range 1 West, Ada County, Idaho and being more particularly described in the map published herewith; establishing and determining the land use zoning classification of 20 .45 acres of land from RUT to C-C (Community Business) Zoning District in the Meridian City Code. ; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date . A full text of this ordinance is available for in at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho . This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B .] ANNEXATION ORDINANCE — McFadden Property (H 2O20 - 0048) ��