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2021-11-30 Special Meeting City Council Special Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, November 30, 2021 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Joe Borton (Left meeting at 6:11 p.m.) Councilman Brad Hoaglun Councilman Treg Bernt Councilwoman Jessica Perreault Mayor Robert E. Simison ABSENT Councilman Luke Cavener PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA - Adopted Motion to adopt made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault CONSENT AGENDA \[Action Item\] - Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault 1. Approve Minutes of the November 16, 2021 City Council Regular Meeting 2. Approve Minutes of the November 23, 2021 City Council Regular Meeting 3. Small Talk Clinic (Verona Subdivision No. 3) Water Main Easement 4. Findings of Fact, Conclusions of Law for Red Aspen (H-2021-0066) by KM Engineering, LLP, Located at the southeast corner of S. Linder Rd. and W. Overland Rd. 5. Agreement Between the City of Meridian and Brighton Development, Inc. to Accept Payment in Lieu of Installing Streetlights at Bainbridge No. 11 and No. 12 Subdivisions 6. Agreement Between the City of Meridian and Challenger Development, Inc. to Accept Payment in Lieu of Installing Streetlights at Cache Creek Subdivision 7. Agreement Between the City of Meridian and Triple D Development, Inc. to Accept Payment in Lieu of Installing a Streetlight at Prevail No. 3 Subdivision 8. Animal Welfare and Enforcement Agreement Between the City of Meridian and the Idaho Humane Society 9. Master Interagency Governmental Agreement Between the City of Meridian and the Meridian Library District for Waiver of Costs and Fees ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 10. Mayor's Office: Recommendation of Appointment of Bruce Freckleton to Community Development Director with an Effective Date of December 21, 2021 - Approved Motion to approve appointment made by Councilman Borton, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault 11. Legal/Police Department: Presentation Regarding Idaho Opioid Settlement Intrastate Allocation Agreement 12. Approval of Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments - Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault ACTION ITEMS 13. Public Hearing and Second Reading Continued from November 23, 2021 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 - Public Hearing Closed and Third Reading Scheduled for December 7, 2021 14. Public Hearing and Second Reading Continued from November 23, 2021 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 - Public Hearing Closed and Third Reading Scheduled for December 7, 2021 15. Approval of Johnson St Right-of-Way Vacation (H-2021-0079) by Hawkins Companies, Located on the south side of W. Waltman Ln. approximately 1/8-mile west of S. Meridian Rd., between 235 and 295 W. Waltman Ln. A. Request: Vacation of an Ada County Highway District (ACHD) right-of-way (i.e. Johnson St.) located between 235 and 295 W. Waltman Ln. - Approved Motion to approve made by Councilwoman Strader, Seconded by Councilwoman Perreault. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault 16. Public Hearing Continued from November 23, 2021 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.). - Approved Motion made by Councilman Hoaglun, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Bernt Voting Nay: Councilwoman Perreault 17. Public Hearing Continued from November 23, 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: 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. - Denied Motion made by Councilwoman Strader, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Bernt, Councilwoman Perreault FUTURE MEETING TOPICS ADJOURNMENT - 10:24 p.m. Item#1. Meridian City Council November 30, 2021. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, November 30, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Luke Cavener. Also present: Adrienne Weatherly, Bill Nary, Kurt Starman, Cameron Arial, Bruce Freckleton, Sonya Allen, Tracy Basterrechea, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt _X_ Jessica Perreault Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is November 30th, 2021, at 6:00 o'clock p.m. We will begin tonight's Special City Council Meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next time 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: Next item up is the adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adopt the agenda as published. Hoaglun: Second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the agenda is adopted. Page 4 Meridian City Council Item#1. November 30,2021 Page 2 of 81 MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the November 16, 2021 City Council Regular Meeting 2. Approve Minutes of the November 23, 2021 City Council Regular Meeting 3. Small Talk Clinic (Verona Subdivision No. 3) Water Main Easement 4. Findings of Fact, Conclusions of Law for Red Aspen (H-2021-0066) by KM Engineering, LLP, Located at the southeast corner of S. Linder Rd. and W. Overland Rd. 5. Agreement Between the City of Meridian and Brighton Development, Inc. to Accept Payment in Lieu of Installing Streetlights at Bainbridge No. 11 and No. 12 Subdivisions 6. Agreement Between the City of Meridian and Challenger Development, Inc. to Accept Payment in Lieu of Installing Streetlights at Cache Creek Subdivision 7. Agreement Between the City of Meridian and Triple D Development, Inc. to Accept Payment in Lieu of Installing a Streetlight at Prevail No. 3 Subdivision 8. Animal Welfare and Enforcement Agreement Between the City of Meridian and the Idaho Humane Society 9. Master Interagency Governmental Agreement Between the City of Meridian and the Meridian Library District for Waiver of Costs and Fees Simison: Next item up is the Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I will move that we approve the Consent Agenda, for the Mayor to sign and for the Clerk to attest. Hoaglun: Second the motion. Page 5 Meridian City Council Item#1. November 30,2021 Page 3 of 81 Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There are no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 10. Mayor's Office: Recommendation of Appointment of Bruce Freckleton to Community Development Director with an Effective Date of December 21, 2021 Simison: So, we will move on to Department/Commissioner Reports. First item up is Item No. 10, Mayor's Office recommendation of appointment of Bruce Freckleton to be the Community -- Community Development Director, with an effective date of December 21 st, 2021. Council, before you is my recommendation to make Bruce Freckleton the City of Meridian's Community Development Director with the departure of Cameron Arial later this month. Bruce is a known quantity to all of you, maybe some more than others, but he's a known quantity to the community as well. He spent the last 41 years here in the Treasure Valley working in the development community, 12 years in the private sector and 29 years for the City of Meridian and he has served in his current role since 2004. 1 say served in his current role since 2004, but that does not mean his role has not grown, evolved, matured in a lot of ways and I think as we have seen the work that Cameron started in bringing a lot of services in house, there was really Bruce doing the implementation of those efforts, leading those teams, leading those changes. That is one of the things that I can say is I know he is committed to continuing those efforts, working at our processes, whether they are internal or external, to ensure that we have the premier community development department here in the Treasure Valley. He knows the community. The community knows him. They know the expectations. He's able to pick up the phone and call and make things happen, whether it's with our neighbors to the east or west, others within the state, to get things moving forward. While it is a growth opportunity and there is some things that he's going to have to learn, it's also something that I think that he can step into right away without the department feeling that learning curve and continuing to highly achieve and perform well. I have learned a lot about Bruce over the last couple months as we have been having conversations and learning from current and former employees management style, how he leads, how he interacts and say that right now he is the right person for the job in order to continue this process. So, it's with my pleasure that I recommend him for your consideration to lead the department and I would be happy to answer any questions or take comments from Council at this time. Strader: Mr. Mayor? Page 6 Meridian City Council Item#1. November 30,2021 Page 4 of 81 Simison: Council Woman Strader. Strader: Just a comment. I think that's a great recommendation. People really benefit from his experience and his leadership and I'm very supportive of that nomination. Simison: Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I wholeheartedly agree with Council Woman Strader. I'm excited to see Bruce in this role. I had the opportunity to work with him as the Council liaison last year and he definitely knows his stuff. So, I appreciate the recommendation very much. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I am sick as a dog, but I wouldn't want to miss this. Bruce is a champion of the Meridian Way. He's shown that for decades. He's such a great pick and, I, too, am totally supportive of it and appreciate seeing how it will grow with great talent within and the whole community development team is going to be in good hands with Bruce's leadership. Simison: Thank you. Hoaglun: Mr. Mayor, I had a question for you. Simison: Councilman Hoaglun. Hoaglun: You said he's been in development work for 41 years. Simison: Forty-one years. Hoaglun: Forty-one years. Okay. Can I continue? Simison: Yes. Hoaglun: You want yours? If I can continue? Simison: Yes. Borton: Okay. Great. I appreciate that. I didn't realize that we had a prodigy, because I thought Bruce just turned 50, so he started at nine years old. Wow. It's a long time -- a lot of great experience and a great way of doing business. I have been able to see that Page 7 Meridian City Council Item#1. November 30,2021 Page 5 of 81 over the years and it's wonderful to see. I think you are right, Mayor. He is -- it is a growth experience for him and stepping into that role is a big step, but he is more than up to the challenge. So, I think it's a great appointment and I look forward to what Bruce can do for the department and for this community and definitely want to eagerly support this. Simison: Thank you. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Great choice. Sorry you're not able to see me. It's kind of a special occasion. Bruce is a champion for Meridian. He knows the department. He knows his -- his team that he will be working with and I wholeheartedly support him and grateful for his efforts in the past and currently and going forward. So, thanks, Bruce. Simison: Thank you. With that, Council, do I have a motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I move we approve the recommendation and the appointment of Bruce Freckleton to be the Director of Community Development for the City of Meridian with an effective date of December 21, 2021. Hoaglun: Second the motion. Simison: I have a motion and a second. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, absent; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Congratulations, Mr. Freckleton. Would you like to come up and say a few words? Freckleton: Well, thank you, Mr. Mayor and Members of the Council. I -- I am deeply honored by this appointment and your continued confidence in me to lead the Community Development Department into the future. I want you to know that I don't take these responsibilities lightly at all and I promise you that I will work every day to live out and to Page 8 Meridian City Council Item#1. November 30,2021 Page 6 of 81 instill the CARE values that we promote. I have been very very fortunate in my career to have so many great influencers. Councilman Hoaglun, I was a junior in high school when I started in this field. I was working for a small land surveying engineering firm doing drafting. So, it does take me back a little ways. But as far as the influencers, throughout my years I mean I have had so many good leaders that took me under their wing and taught me a lot. Cameron Arial has been just stellar. He's done so much for our department and I'm going to really really miss him when he's gone, but I'm extremely humbled by the support and encouragement that I have received from -- from staff and everyone and -- but I especially want to thank my wife Connie, who is here with me tonight, and our family. They have always been my rock and I just so greatly appreciate that. I'm excited for the future of our department and for the City of Meridian. Our employees are the absolute best in their field and I can't think of a better group of people that I would rather be in the trenches with every day. I also look forward to working with each of you and getting to know you better and forwarding our work. Forward the vision and mission of the City of Meridian. So, again, thank you for your support and it's going to be fun. I appreciate it. Thank you. Simison: Thank you. Council, if you could join us in a round of applause for Bruce. With that, Mr. Borton, thank you for your attendance and feel better and we will see you soon. 11. Legal/Police Department: Presentation Regarding Idaho Opioid Settlement Intrastate Allocation Agreement Simison: Okay. Next Item up is the Legal/Police Department presentation regarding Idaho Opioid Settlement Intrastate Allocation Agreement and I will turn this over to Kurt. Starman: Thank you, Mr. Mayor, Members of Council. Kurt Starman at the city attorney's office. The item before you this evening pertains to two settlement agreements that relate to or intended to resolve a number of opioid-related claims against Johnson & Johnson and three large drug distributors as well. So, I'm going to talk a little bit more about those agreements, as well as a funding agreement or allocation agreement that's been proposed by the state of Idaho and the chief is here tonight, then, to also talk about the impact that opioids have had in our community, as well as how the funds from this settlement -- from these two settlement agreements could potentially be used within our community to help mitigate some of those impacts from the opioid crisis. As I mentioned, there are two settlement agreements. These are nationwide agreements that most states have agreed to, including Idaho. They involve Johnson & Johnson, as well as three of the largest drug distributors in the nation as well and when Idaho agreed to participate in the settlement agreements that also opened up funding opportunities for all of Idaho counties, as well as some Idaho cities, including the City of Meridian, and so that issue is not quite ripe for your consideration tonight. We think we will probably have something on your agenda maybe in a week or two that would actually deal with the settlement agreements themselves, so I will talk more about that in a moment, but tonight is just sort of to present the idea to the Council, but also to get your approval for the -- or at least your consideration of the proposed allocation agreement that the state has proposed. So, the -- the agreements -- the settlement agreements themselves contain a default Page 9 Meridian City Council Item#1. November 30,2021 Page 7 of 81 funding mechanism or formula that talks about absent a -- a different agreement amongst the state and the local government entities in that state, there is a default formula that basically says funds received under the settlement agreement, 15 percent go to the state of Idaho, 15 percent go to cities and counties and, then, 70 percent go to -- or are placed in a trust fund that is administered by a committee consisting of state and local officials. So, absent some type of other agreement, that's how the funding would be allocated. Under that formula we anticipate that Meridian would receive, if we choose to participate, Meridian receive about -- would receive about 431,000 dollars over a 17 year period, but the settle arguments also contemplate that states may want to adopt a formula that -- or funding allocation formula that might be more suited for their particular needs and their particular state and so Idaho has proposed such a form --funding formula and that's really what's before the Council this evening. The state has proposed what is called an intrastate allocation agreement that would allocate 40 percent of the settlement funds to the state of Idaho, 40 percent of the funds to counties and cities, and, then, 20 percent to the local health districts here in Idaho as well. So, under that formula, that's advantageous for Meridian in particular, because we believe that under that formula the city would receive about 1.15 million dollars over a 17 year period, as opposed to the 431,000 1 mentioned earlier. So, obviously, there -- those additional funds could be put to use in our community to help counteract the impact of the opioid crisis. In addition to that it also opens up other potential funding down the road. There are at least two large pharmaceutical companies that are currently going through bankruptcy proceedings, including Purdue, and if we agree to the funding allocation the state has proposed, Meridian would be entitled to a share of those funds as well. Without that funding agreement that's proposed by Idaho that would not be the case. So, there are a number of advantages associated with participating in the funding agreement, the allocation agreement that's been proposed. The potential pitfall or a downside to it is it does come with some additional strings attached in that the state is proposing some additional reporting requirements and also some additional accounting requirements. So, we have met internally with the Finance Department and with the Police Department to discuss those requirements and we think they are manageable, but the Council should be aware that there are some additional reporting and financial considerations that come with that. They are not -- not insurmountable, but something to be aware of. So, ultimately, our recommendation this evening will be -- after the chief is going to talk about opioids -- the impact of opioids in Meridian in particular and, then, how these funds potentially could be used, but also at the end of our presentation the recommendation to the Council this evening is to approve the proposed intrastate allocation agreement. That's step one in our process. And, then, shortly in the next week or two we will be back in front of the Council with the actual asking for your consideration to approve the actual settlement agreements with Johnson & Johnson and with the three distributors and with those two action items that will enable the city to receive the funding I talked about. I'm going to pause there, I'm going to turn the microphone over to the chief and he will talk about those Meridian specific topics and, then, we are both happy to stand for questions you may have. Basterrechea: Mr. Mayor, Members of the Council, one of the things that brought this lawsuit about was the -- the push by the big pharmaceutical companies with painkillers in Page 10 Meridian City Council Item#1. November 30,2021 Page 8 of 81 this country. They estimated that they overpopulated the market by about one hundred billion pain pills, resulting in over 400,000 opioid overdose deaths, which is what has brought us here today. As a result of that, what we have seen locally and across the country is more and more people -- as finally we started controlling the prescription pill problem, more and more people turning to heroin and black market pills, which is what we are seeing now. We are seeing a lot of Fentanyl come into Idaho. They are pressing them into pills that look like they are Hydrocodone and other types of pain pills and we are seeing overdoses like we have never seen before in our own community. We are probably averaging a minimum of two overdoses at least a week. This last week we just had a 27 year old overdose and die. We have had several people -- several overdose deaths, which has pushed us to the point where we have partnered with the High Intensity Drug Trafficking area called HIDTA and we are developing a mapping system to go through Meridian as a test platform for Ada county to be able to track our overdoses throughout the city, so that we will be able to track when we believe that we are getting a bad batch of heroin in or a large push of Fentanyl into the area. There is -- there is no identifier as to who the person is that overdosed. It's something that we are going to be able to use to track more accurately and be able to target more towards the opioid problem as an actual public health issue. We keep hearing it called that, but nobody seems to want to do anything public healthwise with that. So, the Police Department that's really where we are pushing. We have partnered with the Fire Department and got them on board, as well as paramedics with that program. Moving forward with these funds, one of the things we are looking at doing is funding a --we have a part-time position and we are looking into seeing if we can fund that as a full-time position with the Meridian Anti-Drug Coalition. We also are looking into some different programs that we can hopefully bring to Meridian using some of these funds to help with those addiction issues that we are dealing with here and we can also use those for educational purposes as well and with that I will stand for any questions. Simison: Thank you, Chief and Kurt. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I'm just curious some of the things that, you know, we think we could use the funding for, if you have identified any potential projects. I assume that we carry Narcan already or -- Basterrechea: We do carry Narcan already. However, it does expire, so that is a funding source as well for Narcan. The other thing that we have looked at is are there other recovery programs or things that we could help prop up in Meridian, so that we can battle it on the front side and the back side of things. There is a lot of really good programs out there that give people a different outlet in their struggles with addiction, so those are some of the things that Kendall Nagy, who is in charge of the anti-drug coalition, is looking at right now. Page 11 Meridian City Council Item#1. November 30,2021 Page 9 of 81 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I mean that's great to hear. There have been several documentaries, too, that have come out about the crisis that was created by the pharmaceutical companies and, you know, I remember the proliferation of pain clinics and stuff around and clearly now we are seeing some horrible effects from that and addiction touches so many families. So, hopefully, we can put that to good use. Thanks. Simison: And I think, you know, we -- we have such a strong relationship with our educational providers that, you know, there is not enough time for -- there is a lot more need to get into the schools and help engage them and we have people to do that and that's one of the benefits of going from a part time to full time and this is a position that's been vacant for a while and we have been looking for the right opportunity to come to Council, quite frankly, to take that part time to full time, because of that need and this is a great segue into that conversation. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: First of all thank you so much, gentlemen, for working on this. This is great news for this opportunity. I do have a question for Mr. Starman if I may. Are there any other considerations -- other than the -- the additional amount of funds that will be received and the additional reporting obligations, are there any other upsides or downsides that we should know about the interstate allocation agreement? Starman: Any other -- Perreault: Any other upsides or downsides or any other obligations or is that, essentially, how those two items are the -- the main effects that it has on us or is there anything else that we should take into consideration? Starman: Thank you, Mr. Mayor, Council Woman Perreault. I think the two -- the two major issues you have already touched upon -- one is there are additional reporting requirements with the state proposed allocation agreement, so that largely will fall upon the Police Department and our partners to generate the annual reports and to be able to prepare that and submit that to the state of Idaho. In addition to that there is some additional accounting and auditing requirements. Our Finance Department estimates that if we were required to do a special audit it could be as much as 7,000 dollars per year. So, that's something to take into consideration as well. But there are two other potential downsides. We have looked at the agreements pretty thoroughly and I think we are satisfied that, really, that there is nothing significant there that would be to the city's detriment. There is always administrative burdens that come with grant funds, but I don't think there is anything significant there that -- that would, you know, impact our Page 12 Meridian City Council Item#1. November 30,2021 Page 10 of 81 recommendation to the Council. The upsides -- I think the one I will highlight a little bit more than I did in my initial comments is the -- the impetus for being here tonight largely is the two settlement agreements -- two settlement agreements with Johnson & Johnson and with the three distributors, but the other really strong upside for Meridian is that by entering into the allocation agreement it also opens up potential funding from the two major pharmaceuticals that are currently in bankruptcy. That could be several hundreds of thousands of dollars more than what we have talked about tonight. We don't know the answer to that quite yet, but without the allocation agreement Meridian would not be eligible for those funds at all. So, that was a significant potential upside. Perreault: Mr. Mayor, follow up? Simison: Council Woman Perreault. Perreault: Thank you. So, are there a certain number of entities that need to agree to the interstate -- Intrastate Allocation Agreement in order for-- I mean do a certain number of cities or counties have to sign on in order for it to go into effect? Starman: Thank you, Mr. Mayor, Council Member Perreault. Yes, what the state is looking for is basic -- basically it's population based, based on counties, as well as those cities that are eligible to participate and the magic threshold for the state is 50 percent plus one. So, based -- weighted based upon population. When I spoke to our point of contact with the Attorney General's Office about a week or ten days ago they were at the high 30s and they fully anticipated that they would meet the 50 percent threshold, so -- but it was possible -- I mentioned two things. One is it's possible that 50 percent plus one does not agree, in which case the allocation agreement we are not going to place, number one. Number two is even once the allocation agreement is in place and if Meridian and others agree to the settlement agreements at a later date, there is also a touch point for Johnson & Johnson, as well as for the three distributors, that after the first of the year, like after January 2nd to be more precise, they will do another assessment to see if there is sufficient participation to work -- to proceed with the settlement. So, actually, there is a -- to us in the -- in a vernacular, an offering up for Johnson & Johnson and the distributors that there is not enough participation nationwide, but my understanding is that the participation has been pretty strong so far. Perreault: Thank you. One more question? Simison: Council Woman Perreault. Perreault: Thank you. So, sometimes these -- these lawsuits and settlements go on for years and years. So, are we at the end of that process? I mean when -- when -- when will these funds actually be distributed? I mean can't they not often take a really long time to actually receive funds? Starman: Mr. Mayor, Council Member Perreault, that's a very accurate statement and we have all experienced probably in our professional life and perhaps otherwise lengthy litigation. The good news here is this litigation has been ongoing for quite some time and Page 13 Meridian City Council Item#1. November 30,2021 Page 11 of 81 we are at the tail end and so as opposed to going into trial, the defendants here have agreed to a settlement agreement with the states that are participating and so if after that January 2nd date if Johnson & Johnson and the three drug distributors decide to proceed, there is enough mass to proceed that really does bring that litigation to a close, the settlement agreement goes into place, and, then, funding that starts -- there are actually two installments in 2022. The first is in the March time frame and there is a second installment in the July 2022 time frame and, then, there are annual installments thereafter. Perreault: Thank you very much. I appreciate that detail. Starman: You are welcome. Simison: And just to kind of follow up on the things, I don't know if this was ever identified -- if necessary can we use these funds to do the audit? Starman: Thank you, Mr. Mayor. The agreement still -- the settlement agreement, as well as the allocation agreement, don't specifically say that, but my answer is yes, because both agreements say that a minimum of 85 percent of the funds have to be used for direct opioid related activities, which in my mind means that up to 15 percent can be used for administrative purposes. So, there is no explicit language to that effect, but my reading of the agreements is that the funding -- the funds up to 15 percent can be used for administrative purposes. Simison: Well, hopefully, the defense can pay for themselves for the work that we are asked to do to utilize them, because they are asking us to do the work. Starman: I think that's a fair statement. Simison: Council, any further questions? Okay. Starman: Mr. Mayor, that completes our presentation. The next item on your agenda -- this was Item 11. So, presentation Item 12 is an action item relative to the allocation agreement and we ask for your consideration tonight. Thank you. Simison: Thank you, Kurt. So, with that, Council, we will move on to Item 12, which is as stated -- request to approve the Idaho Opioid Settlement Intrastate Allocation Agreement between the state of Idaho health districts and eligible local governments. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Since our police liaison is not feeling well this evening I will make the motion. I move that we approve the Idaho Opioid Settlement Intrastate Allocation Agreement between the state of Idaho, the health districts, and the eligible local governments, including the City of Meridian. Page 14 Meridian City Council Item#1. November 30,2021 Page 12 of 81 Strader: Second the motion. Simison: I have a motion and a second to approve the allocation agreement. Is there any discussion? If not, all in favor signify by saying aye. Nay? All ayes. Motion carries. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. ACTION ITEMS 13. Public Hearing and Second Reading Continued from November 23, 2021 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 Simison: So, Council, with that we will move on to our Action Items this evening. First item up is Item 13, which is a public hearing and second reading continued from November 23rd, 2021, of Ordinance No. 21-1954. Mr. Nary, should we do the second reading first before the public hearing? Nary: Yes, sir. Simison: Okay. I will ask the clerk to do the second reading. Weatherly: Thank you, Mr. Mayor. This is 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. Simison: Thank you. Council, you have heard the second reading done by title. Is there anybody that would like it read in its entirely? Seeing none, we will, then, move on to the public hearing for this item. Do we need to have a staff presentation on this item? I didn't know if we -- I didn't think we did. Okay. All right. Then -- Conrad: Hello. Okay. Thank you. Sorry about that. Oh. Thank you. Thank you. Simison: So, Meghan, are you going to be doing a presentation for both items? Conrad: I will be, Mayor. Thank you. Page 15 Meridian City Council Item#1. November 30,2021 Page 13 of 81 14. Public Hearing and Second Reading Continued from November 23, 2021 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 Simison: Okay. Then why don't we go ahead and open up Item 14 as well, which is a public hearing and second reading continued from November 23rd, 2021 , of Ordinance No. 21-1956, and ask the Clerk to read this ordinance by title. Weatherly: Thank you, Mr. Mayor. This is 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. Simison: Thank you. You have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Okay. Seeing none, Meghan, if you would state your name and address for the record and be recognized for your presentation. Conrad: Thank you, Mayor. Meghan Conrad. I am an attorney at Elam & Burke, 251 East Front Street, Boise, Idaho. 83701. So, before you today for public hearing the Urban Renewal Plan for the Northern Gateway Urban Renewal District. On your screen now you have the map of the proposed project area, which includes parcels north and south of Fairview Avenue and generally east of -- east of Meridian Road and north of Pine Avenue. It is 126 acres. On this slide you will see the plan that is at Idaho Code specifically 50-2905. This is a slide that you have seen before as this plan has come before you a number of times at this point. However, in bold text beside each bullet point you will see this reference in the plan where the statutory obligation is met. For parcels that have been used as an ag operation, which is a defined term under the law and the act, there is one parcel that required property owner consent. That is a 17 acre parcel that is located at Meridian Road and Cherry. That property, when we started this process, was actually located within unincorporated Ada county. As you know that parcel is referred to as the McFadden property that has since been fully annexed into the City of Meridian and the property -- an agricultural operation consent was obtained from that property owner. In terms of the projects that are identified in the plan, they were specifically informed by the city's Comprehensive Plan, Destination Downtown, both city Page 16 Meridian City Council Item#1. November 30,2021 Page 14 of 81 and MDC staff, the Trivium Planning, as well as the owners within the boundaries of the proposed project area. Here you will find the specific list of the projects that are anticipated to be undertaken during the life of this project area, which, under current statute, is permitted to be in place for 20 years, but recognizing that revenues will be received in the year following the termination date. Most of these dollars will be used to support infrastructure improvements and buy right of way, specifically streets. There will be also sewer and water system improvements. There is pedestrian improvements, facade improvements, public parking plazas, open space, environmental remediation and some planning studies. The estimated cost of these improvements using 2021 dollars and based on similar projects that have occurred in the -- in the broader community. It's estimated the grand total is about 34 million. So, 33,925,000 dollars. On this slide there is a more defined list of the roadway improvements that were identified by the Trivium Planning in its review of the project area and also some estimated construction costs and you will see that for the construction of these right-of-ways it's about 11 --just slightly over 11 million for the scope of these improvements. Also included in the plan is a list of potential sewer and water lines and new sewer and water line infrastructure to be added that are located within the boundaries of the project area. In the plan it's noted as Attachment 5, which is the economic feasibility study. The tax increment revenue projection is anticipated to be a little over 35 million for the 20 year life of the project. The private investment that's anticipated to occur based on the communications that have been held within the boundaries of this project area are estimated to be 310 million. The economic feasibility study included a number of specific assumptions. In generating that revenue figure, specifically based on recent history with value increases, land values are anticipated to increase eight percent a year for the first five years and, then, it will be four percent a year for the balance of the term, which is pretty conservative. Similarly, the improvement value increase is estimated to be ten percent for the first five years, with a reduction of five percent for the balance of the term. The levy rate was reduced by ten percent, which is also a fairly conservative estimate when we are looking at revenue generation. Homeowners property tax exemptions were anticipated to increase about five percent a year. The significant new development projects were analyzed to -- or anticipated to occur during the years of 2024 to 2035 and there are an allocated 500,000 of new development that would occur in the -- in the off years. Finally, the other consideration under new statutory changes, in order to receive the allocation from Ada County Highway District an agreement between the agency and ACHD is necessary and that step has also been completed at this point, so -- and just skipping ahead pretty -- oops. There is a timeline in here that shows the process that has been undertaken to date and you will see that there has been a robust opportunity and presentation on this plan several times over the -- this process. So, happy to stay in for any questions on Northern Gateway. Simison: Thank you. Council, any questions on this item? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Page 17 Meridian City Council Item#1. November 30,2021 Page 15 of 81 Perreault: I don't have any specific questions. Thank you very much for -- for all the information. Is it possible for us to get a copy of this presentation e-mailed to us? Conrad: Thank you, Mr. Mayor, Council Member. It actually is here and that is not going to be a problem at all. I can get that to you. Simison: Council, any additional questions at this time? Conrad: I'm sorry, can you help me get back to the -- the slide view? I'm not a tech person. Nope. Not that one. Thank you. All right. Mr. Mayor, okay to jump into the first amendment? Thank you. So, you also have before you for a public hearing the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project. The Union District was adopted in 2020. The area that we are talking about today was de-annexed from the existing downtown area and represents 1.461 acres. So, it's a very small area and you can see in the photo -- in their slide that it does border and is appended to the existing Union District. Similar to the presentation on Northern Gateway, there are the statutory requirements of what must be included in an urban renewal plan pursuant to 50-2905. Those bullet points have been identified here in the bold parentheses behind shows the specific sections of the plan amendments or the original plan that addresses this specific area. As you will note this -- if we get to number seven below, this amendment does not extend the life of the existing revenue allocation area, it still is intended to terminate in 2040, recognizing that revenue allocation proceeds will be received in the year following termination. There are two issues at play when you have a post-2016 amendment to an existing revenue allocation area. The first is whether or not such amendment constitutes a modification that would result in a resetting of the base assessment roll. Under Idaho code there are four exceptions, the definition of what constitutes a modification, and one of those is specifically an amendment to add area pursuant to 50-2033. That statute stands for the proposition that you can annex into an existing project area no more than ten percent of the existing acreage and that acreage must be contiguous to the existing boundary. This is the case in this area. The original Union District project area is just short of 16 acres, it's 15.8, 1 believe, and we are annexing 1.461. So, we fall within that ten percent limitation. For that reason this does not constitute a modification under the 50-2903(a), that would require a base reset of the -- of the original project area. Again, the project list here was formed by the city's Comprehensive Plan, Destination Downtown, both communications with city and MDC staff, as well as property owners slash developers that are within this area. On this first slide we have shown what the original union district project improvement list was, mostly centered around some public infrastructure improvements on the top half, improvements at 3rd and Broadway, and you will also see references to the civic block improvements, as well as some structured parking. This slide identifies the additional improvements that are contemplated as a result of this particular amendment. The subtotal for these new improvements is going to be 13 million. So, it brings the total of the original proposed improvements, together with these improvements, to 28 million. These improvements include the improvements to the facade, property acquisition, improvements to public plazas, parks and open space, any environmental remediation. A portion of Idaho Avenue is included within this project area, as well as planning studies. In conducting the revenue Page 18 Meridian City Council Item#1. November 30,2021 Page 16 of 81 analysis of this proposed project area it was taken into consideration facts that have occurred that would somewhat change the revenue allocation based on development that had or had been delayed in the existing union district, as well as the potential for new development occurring within this 1.461 acres. So, the total increment yield over the 20 year life of this district is estimated to be a little over 25 million dollars. The private development that is anticipated to occur as a result of urban renewal efforts in this area is about 225 million dollars. The assumptions are very similar to those that were used in the Northern Gateway analysis, particularly the percentage increase year over year of the assessed values. For land eight percent and, then, reducing to four percent after five years. For the improvement value ten percent, again, reducing to five percent after five years. In this example the tax rate is also reduced by ten percent and when we are talking about the tax rate we are talking about the eligible tax rate for those levies that do generate revenue for the urban renewal agency, which, as you know, is not the entire levy. It's those that qualify under the statute. The new development occurring in this district is really intended to be -- or estimated to be focused on the years 2024 to 2028. For this one as well, because of the statutory changes the law requiring an agreement between the agency and the Ada County Highway District would apply to this amendment area and that step has also been completed here as well and here is the timeline that is similar -- similarly undertaken for both the First Amendment, as well as the Northern Gateway project area. As you know there is two phases to this planning process, the eligibility phase and the plan approval phase, and so as part of the plan approval phase the plan and its attachments and certain additional information were circulated to all of the effective taxing districts more than 30 days in advance of the public hearing date. The notice of the public hearing was published in the paper. There is -- originally scheduled to occur on the 23rd. On that date that public hearings were continued and the notice of the new publication date for today's date was also published in the paper. November 16th was the date the City Council did the first reading of the ordinance. Today's the time set for the public hearing and the second reading. And the third and final reading is scheduled to -- for your consideration on December 7th and with that happy to stand for any questions on the first amendment. Simison: Thank you, Meghan. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you very much. Would you mind going back to the slide that was called revenue model and assumptions? So, the tax increment yield of 25 million, how did that figure come to be? Obviously, it's based on the estimate of private development investment and, then, the tax increment yield, but it seems like that that just -- that is a significant amount for that small geographic size, even -- even developed very very well. That just seems like an exceptional amount to generate for that block, so I want to have some more understanding of that. And, then, in addition the -- on -- with both of these the land value increases and the improved -- improvement value increases, the assumptions that are made, what basis are those? Is that an historical basis, it's based Page 19 Meridian City Council Item#1. November 30,2021 Page 17 of 81 on information that's been collected over a matter of time or is this based on assumptions from commercial real estate industry that's anticipating these -- these gains? Can you give us some background for that? Conrad: Yes. Thank you, Mr. Mayor, Council Member. Those are both great questions and so for the first question concerning the revenue generation in the First Amendment, there is an Attachment 5.A that is attached to the plan and the 25 million, actually, it's a combined from the existing Union District, plus the addition of this 1.4. So, that's not only the revenue generated from the 1.4. So, specifically it is 5.2 -- my number is cut off, but it's 5.3.A I believe is where you will find this specific table that -- that shows the revenue generation and the development, but it is a combined, it's not just for the 1.461 and I don't -- my understanding is that the -- for your second question the percentages as to the growth, there was a backwards look as to what has occurred historically in projecting forward. Perreault: Mr. Mayor, a follow up? Simison: Council Woman Perreault. Perreault: Yeah. I -- I assumed that that included that all of the geographic area of the -- the existing and new acreage. It's still a very small -- it's a city block. So, if you have anymore thoughts on how that city block should yield 25 million dollars in tax increment over 20 years, I'm -- I'm -- my ears are wide open. Conrad: Thank you, Mr. Mayor, Council Member. I mean there is intended to be some significant development on those blocks in terms of, you know, higher density residential rental, as well as office, and those ultimately will have fairly significant value. Again, we are projecting into the future and so it's -- those are anticipated to come on the tax roll about 2025, 2026 and some of those numbers are based on data that we obtained during the drafting of the Union District plan and those were numbers that were also provided by the development group at that time. So, that helped inform the data that -- that was carried forward here as well. Simison: Council, any additional questions? Thank you very much. Conrad: Thank you. Simison: Council, this is a public hearing. Madam Clerk, do we have anyone signed up to provide testimony on these items? Weatherly: Mr. Mayor, we do not. Simison: Okay. This is a public hearing. If there is anybody that would like to come forward and provide testimony on any of these two items you can do so now and if you are online and would like to testify, you can use the raise your hand feature and we can bring you in for visual comments. Council, seeing no one wishing to come forward in the Page 20 Meridian City Council Item#1. November 30,2021 Page 18 of 81 room or raising their hand online, do I have a motion to close the public hearing? Hearings. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we close the public hearing for Ordinance No. 21-1954 and the public hearing for Ordinance No. 21-1956. Perreault: Second. Simison: I have a motion and a second to close the public hearings for Ordinance No. 21-1954 and Ordinance No. 21-1956. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearings are closed. guess you are looking to me, because we are not taking any action tonight on these items. So, with that --with the public hearings being closed, we will have the third reading on the -- on next week's City Council agenda. So, thank you everyone, Meghan, Cameron, Tori, for being here this evening. 15. Approval of Johnson St Right-of-Way Vacation (H-2021-0079) by Hawkins Companies, Located on the south side of W. Waltman Ln. approximately 1/8-mile west of S. Meridian Rd., between 235 and 295 W. Waltman Ln. A. Request: Vacation of an Ada County Highway District (ACHD) right- of-way (i.e. Johnson St.) located between 235 and 295 W. Waltman Ln. Simison: Next item up is Item No. 15, which is approval of Johnson right-of-way vacation, H-2021-0079. I will turn this over to Sonya for any comments. Allen: Give me just a minute, Mr. Mayor. Let me get the presentation up here. Alrighty. The first application before you tonight is a request for a vacation of ACHD right of way. The right of way proposed to be vacated lies on the south side of West Waltman Lane between 235 and 295 West Waltman Lane. The applicant proposes to vacate .43 of an acre of ACHD right of way consisting of Johnson Street. The reason is because the applicant owns the parcels adjacent to the subject right of way and wishes to develop the area with commercial uses. As is the location of the road interferes with the development plan. With development of the area the access driveway or street is proposed to be relocated approximately 50 feet to the west as shown. A relinquishment letter was received from Idaho Power stating that they have no facilities in the area proposed to be vacated. The Public Works Department verified that there are no water or sewer mains located in the area proposed to be vacated. Therefore, the proposed vacation will not impact city utilities. The ACHD commission has already approved the request. Staff is Page 21 Meridian City Council Item#1. November 30,2021 Page 19 of 81 recommending approval of the proposed vacation and no written testimony has been submitted. There are no outstanding issues for Council. Thank you. Simison: Thank you. Council, any questions for staff? If not do I have any motions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I guess a question. Do we need to have a -- open a public hearing for this or does it not fall into that category? Simison: It's not a public hearing. Strader: With that I would be happy to make a motion. After considering that ACHD has approved this, it doesn't impact the utilities, I would move that we go ahead and approve this Item No. 15 after considering all staff, applicant, and public testimony to approve file number H-2021-0079 as presented in the staff report for today's hearing date. Perreault: Second. Simison: I have a motion and a second to approve the vacation request. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, absent; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. 16. Public Hearing Continued from November 23, 2021 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 up is Item 16, which was a public hearing continued from November 23rd, 2021, for Fast Eddy's at Eagle, H-2021-0068. I will turn this over to Sonya. Page 22 Meridian City Council Item#1. November 30,2021 Page 20 of 81 Allen: Thank you, Mr. Mayor, Members of the Council. The next application before you is a request for a development agreement modification. This site is zoned C-G and is located at 3775 North Eagle Road. The Comprehensive Plan future land use map designation for the property is mixed use regional. A little history on the property. Development agreements -- a development agreement was recorded for this property in 2018 that requires the driveway along the west side of the property to be extended to the property to the north for future extension and interconnectivity and a cross-access easement to be granted in accord with UDC 11-3A-3A prior to issuance of the first certificate of occupancy for the site. The UDC requires cross-access easements to be granted to adjoining properties where access to a local street is not available unless otherwise waived by Council. The abutting property to the north fronts on a state highway, North Eagle Road, State Highway 55, and does not have access via a local street. That's 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, Delano Subdivision, develops, which has granted a cross-access easement to them through their multi-family development for access via the future extension of North Centrepoint Way. Because the applicant did not wish to construct a driveway or provide an access easement in accord with the timing stated in the development agreement, a temporary certificate of occupancy was issued in order for the applicant to apply for an amendment to the development agreement. The applicant proposed to meet with the property owner to the north at the time of development to see if the -- excuse me -- if it makes sense to both of them to install an access at that time. An assisted living facility has been approved by the city of Boise to develop on the abutting property to the north. The approved site plan depicts a driveway access to this site for cross-access and ingress-egress. If these provisions are removed from the development agreement and a final C of O is issued, there is no mechanism for the future -- for the future to require construction of the driveway or granting of an access easement. No written testimony has been received on this application. 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. Staff will stand for any questions. Simison: Thank you, Sonya. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you, Sonya. Am I understanding correctly, then, that there was a -- a deadline in the DA for that driveway to be constructed and it was not done by that time frame? Allen: Mr. Mayor, Council Woman Perreault, no. That's the reason for the request. Perreault: Okay. Page 23 Meridian City Council Item#1. November 30,2021 Page 21 of 81 Allen: A final -- let me clarify. A final certificate of occupancy has not been granted. A temporary C of O has been. So, the requirement was prior to the first C of O. Perreault: For the Fast Eddy's -- Allen: Yes. Perreault: -- property that's been there for three years? Allen: It's been extended several times from what I understand. Perreault: The -- the -- the certificate of occupancy? Okay. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question, Sonya. These get a little tricky when you are dealing with split jurisdictions here and with that -- what was that, assisted living facility, that was approved by the city of Boise to the property to the north. I was just curious if you know-- was there a requirement requiring any other accesses or cross-access agreements or anything for this? It says the approved site plan depicts a driveway access to the site, so I'm assuming that's the case? Allen: I'm assuming. I don't know if a cross-access easement was required or received, but I know that a driveway stub was provided. Hoaglun: Okay. Thank you. Allen: I shouldn't say it was provided, but is shown on the approved site plan. They haven't started building on the site, so it's -- it's hard to -- you know, hard to tell if they are actually going to go forward and build or not. But so far they have an approved plan. Simison: Council, any additional questions for staff? Okay. Would the applicant like to come forward? Eddy: Mr. Mayor and Council, I'm Steve Eddy at 3775 North Eagle Road, Meridian, Idaho. I guess this has been a while and that store has been open two -- two -- a little over two years. The store. The car wash was on a separate parcel and opened earlier than the store was. My biggest concern with this -- and we have talked about this once before -- is -- and one thing that happened with the -- all the submittal of the plans and everything for the site this was never shown on any plans. It kind of slid through and that's one reason. And, then, the property owner that was to the north, which was Wally Hedrick, and I had promised him, you know, nothing would ever happened there until he did something with that property, which he moved because of that access point looked right at his living room and when we bought the property -- part of this property I bought from Page 24 Meridian City Council Item#1. November 30,2021 Page 22 of 81 him that was one of our agreements that I had brought up to Sonya and staff that we just couldn't do that to him as a residential homeowner adjacent to us. But what's concerning to me now is the site has continued to get busier and we get -- year three is when we kind of get our peak and behind that building we have a double drive-through, so we have a drive-through for the Earl of Sandwich and a drive-through for the store and it's gotten -- you know, back in that area it's -- it's crazy. There is just a lot of traffic. All of our deliveries come in there. The pedestrian path that goes to the Brickyard Apartments, we had it adjoined and come to the front of the store. Well, nobody comes that way. They walk right through that driveway, so from a safety standpoint from all of the homes that are in the Brickyard down with a superhighway going through there it's just -- it's going to be a safety nightmare. The other thing we got is two more things, is the fuel tanks are right in that pathway where, you know, there is a flammable type operation there where they are going to be driving right through and, then, the exit to the car wash right now with the Brickyard development, which is severely underparked. At night they park along that street on both sides, all the way around to Ustick and I think it's -- you know, with what's went on with a lot of the apartments there is more than one family living in an apartment and many times they backup almost all the way to my car wash now and those cars are being pushed out with a conveyor and if that property to the north doesn't go with an assisted living, which we don't know where it's going, we can't get to talk to anybody or know anything that's going on and I just worry that property gets developed as apartments, which seems to be the going thing in the valley, and we have another apartment complex they are underparked and all that traffic, with where the car wash exits, you know -- well, those cars that are in the car wash, I can't have cars hitting each other because it's backed up to there and it backs up almost to there today in the morning time and the evening time when all those residents are back in those apartments. That street is narrow. Centrepoint is very narrow and tight and when Hobby Lobby gets busy it's a nightmare right in there already. So, my biggest reason is just a safety concern and not knowing what's going to the north. We hear their-- their application expires in March, but we have no idea for sure what's going to go there. And I -- we set this building up for the deliveries out back there, so -- and I brought that up before. With the delivery trucks and the drive-throughs and having two driver-throughs back there, I watched people again today, theyjust take out of the drive and take a left and just head out and that's right where that connection is supposed to be. There is no way to put a stop sign or anything there that would stop those people from pulling right out and, you know, we are creating a superhighway kind of through my properties as a shortcut. Now, the application I did see on the retirement center, assisted living, it did have an access off of Eagle Road. It wasn't just through me that they showed on their application. So, I'm assuming that would be a low impact use and they would be adequately served with that. Again, you know, Centre Pointe was supposed to go through to Wainwright, which I think would help this. That got stopped. I don't think I'm against, you know, worst case -- I would like to see it removed, but worst case I think do a pedestrian with the fire department barricades like we did for the Brickyard, so it's more pedestrian friendly, but not vehicular. I just think it's an accident -- it's already an accident waiting to happen there. As we get busier it's going to be worse. I guess what I was going to say is that Centrepoint where it went down to Dashwood Street that was supposed to go through, that got stopped with just the emergency barricades down there and I think that's the best case here when -- especially when we Page 25 Meridian City Council Item#1. November 30,2021 Page 23 of 81 don't know what the use will be and since Meridian isn't controlling that site at this time we have no idea what Boise will approve there and that's -- that's -- that's my concern is just the safety and what will go there. So, I think I would first like to ask that it be removed. Second, I think I would be willing to do the pedestrian access with the bollards and, then, determine if we have to, you know, bond that or whatever we have to do to satisfy -- you know, I would complete what I would say I would do. I think this is our eighth store I have built in Meridian and I think I have tried everyone we have built, even though I have sold them, to do it right and do it first class and tried to be a good resident to the city. That's - - that's all I have, other than questions. Simison: Thank you. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. Mr. Eddy, I'm trying to understand the timing of all this. So, when -- were you aware that this was a requirement of the DA when you did your site plan design? Why would there be so many impediments to this if this area was intended to be kept open for an expansion to the north? Eddy: It was in the DA and when we were going through everything we weren't really thinking what would get done and how things will change over time and the original plans were submitted to the City of Meridian. This was not shown on any plans. Not -- not by choice, it just was missed by my engineer. It was missed by my folks that I hired to do the plans on the site. So, all the drawings that were approved by Meridian per my permit this is not showing on one set of plans. It was forgotten. It wasn't like left off intentionally. So, it didn't get constructed and, then, as I said before, the gentleman that lived in the property here to the north I had promised him when we had bought --where the store sits I had bought that property from him, that we would put that six foot fence up and keep him somewhat private, because at that time he told me he was going to live there for a long time and he just moved in the last few months. He has been there for that whole time and that was just an agreement that I had made to him that I felt I needed to honor to him with the fence, so -- Perreault: Mr. Mayor, may I ask a follow-up question? Simison: Council Woman Perreault. Perreault: Thank you. So, what's the distance from the north property boundary? How many feet was that extension supposed to go? I'm assuming that -- that your -- that the concrete showing in this photograph goes all the way up to your north property boundary and that there was going to be constructed a driveway for a short distance from your property to those? Page 26 Meridian City Council Item#1. November 30,2021 Page 24 of 81 Eddy: No. All that was supposed to be done, by the way I read the development agreement, was there is about a six foot landscape strip there on the other side of the concrete -- Perreault: A what? Eddy: There is a curb and grass and trees there currently. That would be -- all I would be responsible for, I believe, as far as the development agreement is to take that curb out, that grass out, and just concrete or pave to my property line. It would be whatever they do to tie into me. Perreault: Okay. Eddy: And like I said, I'm just really concerned with what land values have done, that that will get changed from an assisted living to an apartment complex that's three or four stories high and we have a superhighway through what's already a really busy area that will be a nightmare. I think if the property stays a retirement -- and that's something else I guess I would ask. If it stays a retirement and gets developed retirement, I don't have a problem with the access. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. I guess just to be really clear about my concern, right, and I think it's laid out pretty well in the staff report, there is the potential that if we don't make sure this access happens in the future there could be a parcel to the north that's orphaned off, that if they don't get that access off of, you know, the adjoining road, then, it could be isolated and we really believe that connected communities are healthier communities. I would hope that if there is an apartment project to the north that the city of Boise would consider making sure there is adequate parking there. You know, what could we -- because our -- you know, you are a good partner. Our kind of discussion point with you is issuing a CO; right? I mean what are -- have you guys had a discussion with staff? Like is there a solution where you could escrow an amount to build this or -- what are you sort of thinking? You mentioned bonding. I guess I would like to understand that. But part of my concern is, you know, you definitely made a promise to the property owner and I understand that, but the city is not a party to that and we can't really solve that for you. I'm just concerned that if we don't have this access we are not going to get it and we are going to have a piece of property that's isolated that shouldn't be where there should be connectivity. Eddy: Well, I think that -- that piece of property was going to be in Meridian at one time. It's changed with Boise now. Again, if that got developed to a three or four story high -- four story high apartments we could not handle that traffic. It would be a deathtrap for consumers and residents of the Brickyard and, then, the drive-throughs that I have, there is -- there is no way we could accommodate that. Like I said, the plan that Sonya had Page 27 Meridian City Council Item#1. November 30,2021 Page 25 of 81 and we saw that they did submit to the city -- well, to you guys first and the city of Boise, it showed access on Eagle Road into that complex. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. But I guess just to follow up, I mean from my review I didn't see that that access is a legal right that will be granted. Like so -- if you are aware of something that indicates that they will receive that access or that access has been definitively approved, yeah, that's good information. Eddy: I don't have -- I don't have access to that today, because we don't know what's going to happen. Like Sonya had said and we have seen, their -- their approval expires in March, so we don't know what will happen with that parcel and that's what concerns me is that and, then, like I said, it's hard to take that size of a piece of property, what we did develop in Meridian, and try to get it to flow correctly and right without having some heavy access user to the north going through my property and, again, it depends upon the user and that's what concerns me is we -- I would love to have the apartment traffic, but it would not be safe through this site and, then, the car wash that I have built there, the way the conveyor pushes cars out, if that was a massive apartment complex I would have a nightmare of cars running into each other automatically that I have really no control over, if that kind of traffic to get to that access point to the south of me to try to get out and, like I said, right now the issue is -- and you guys can go by there anytime, morning or night, that street is lined with cars on both sides. It is really dangerous today to even drive down the street when those residents are home, which I know we can't do anything about that now, but it -- you know, it's what we are dealing with now. Strader: I'm good for now. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: And so I take it from your comments you don't think having an access point to a road -- and let's say it's similar to what you see in the picture here -- would be a relief, another point that customers can exit quickly, as opposed to going back to the -- to the south of your property. It's -- there is nowhere to go. If there was -- let's say it's assisted living and that -- that property there they are able to access that point, then, turn right and go to Eagle Road and turn right again, that gets them onto the -- without having to go from, you know, the upper store all the way down through where the car wash is and back to that area, I was just trying to look at it differently to see if that was -- Eddy: If you think about that, the problem with that is if you think about the drive through and the drive throughs behind that building both face west. Those people -- I watched him today. They get done doing their stuff, they just head out and they take a left, because Page 28 Meridian City Council Item#1. November 30,2021 Page 26 of 81 there is -- there is nothing to worry from the right. So, if cars were coming through there and trying to get through both ways, it would -- I mean I would have my own Eagle Road internally, you know. And that's what's -- what's hard. I mean the proposed plan they had, their access point was -- they had buildings up pretty close to the property line and you kind of access through. It wasn't really something they needed, if they had granted access off of Eagle Road, which they showed and I think they would get personally, but you know, that's my thought. They didn't really need that access for me to satisfy the assisted living that they were proposing building in any way. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: A question -- first a comment. Yeah. And, typically, cross-access easements -- I'm more familiar with -- they do look more like roads. They are straight. They allow access to different entities, businesses, and whatnot to each side, as opposed to on the whole parcel, but yet, you know, we do have some that continue on, but usually it's a straight line and more street-like, as opposed to parking lot driveway types of areas. I would like to know more about the -- your storage, your fuel tanks. Where that red arrow is, can you just kind of give me a description? They are underground, obviously, but don't know if you can make that bigger. I doubt it, but -- yeah. It's a skating mouse. It goes -- Eddy: It's right here. Hoaglun: Okay. Eddy: And what's tough here, too, is almost all of my traffic is southbound traffic. Hoaglun: And, Steve, could you pull that microphone a little bit closer to you. Yeah. Thank you. Eddy: Almost all of my traffic is southbound traffic, so they -- most of my traffic under that fuel canopy face west and they exit this way out or they make this loop and come back if they want to go to Eagle Road and take a right here. But the fuel tanks are sitting right here. That's -- Hoaglun: That's the next one coming up. Eddy: Anyway, the fuel tanks are sitting right here and, then, the other thing we have for the future -- right here is a massive transformer for electric cars that we are not utilizing today and this whole line right here was set for electric vehicle charging station of the future, which looks like it's coming quicker than we thought. So, this has a -- you know, a hundred thousand dollar infrastructure of being able to charge electric cars that's super fast already underground and to this site that we are not utilizing today. Again, that all lines up right here right in that driveway that we are talking about, letting possibly become a massive highway and to the north after the -- the Hedrick parcel -- or the -- you know, Page 29 Meridian City Council Item#1. November 30,2021 Page 27 of 81 the Hedrick parcel is not assistant living, it's -- there is one more parcel, then, it's office buildings all the way to Wainwright. There is no way through to the north that I know of that could possibly line up with mine without tearing down fairly new office buildings from the Yellowstone log home to Wainwright. All those new office buildings. And, then, to the left that access that was going to go to Centrepoint to the north to get to Wainwright has now been blocked off and not there anymore. Perreault: Mr. Mayor? Eddy: Which when I built here I was told that was going to go through Wainwright and have -- our customers have the ability to use this and they can go to Wainwright to get out, which would have been better for me at that light. So, that's a change that we didn't plan for. Simison: Council Woman Perreault. Perreault: Just to clarify, that access to Wainwright has not been blocked, it's just not going to go through until the property just to the south of Wainwright is developed. So, it still can go through at some point, there has just not been a time determined. Whenever that property owner decides they want to develop that property between -- between the application for apartments that was approved earlier this year or last year and Wainwright. Yeah, Dashwood has been blocked off, but the Centrepoint will go through to Wainwright once the property just to the south of Wainwright is developed. So, that will happen at some point. Just wanted to clear that -- clarify that for you. My inclination is -- is -- I'm sorry that -- that all -- that your property has been developed and this wasn't taken into consideration on your part and I really feel strongly that we should have that cross-access. However, I am not opposed to getting more information about what's going to happen to the north. If it's possible to do that prior to March when -- when this becomes a significant issue. I -- I'm happy to consider continuing this if you believe that you can get enough information to show that that access is not necessary to our satisfaction. But at this time I can say I'm not inclined to grant the request. And it looks like Councilman Bernt is talking. I don't know if there is something that he is trying to share. So, do you believe that that is feasible? Eddy: Well, first of all, I went and drove back on that piece that goes through to Wainwright today and you know the roads are all in and they did not leave access. They have a really narrow pathway for like a fire truck to fit through, like just the width of one vehicle to sneak through that and the roads back in there are all completed and done for development. So, I don't see how they would hook Centrepoint to that now. I mean there will be dwellings in the way by looking at the roads that are paved and utilities are all in today. I don't know how I could go to Boise and get Boise or ACHD or I guess that would be ITD to say no. I -- just from my years of development I think ITD, if a nursing home facility was built there, they would allow access. This is going to be a right-in, right-out only -- there is already a median there -- that they would allow access to that parcel. I don't think they can legally not grant somebody access for that kind of -- that size of a development personally. Page 30 Meridian City Council Item#1. November 30,2021 Page 28 of 81 Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Did I understand that you said there is an application already that's been submitted to the city of Boise? Eddy: The application that we saw and I think Sonya saw showed an access on Eagle Road on their application, yes. Perreault: And did you gather anymore information from them on when they are going to have their hearing and make consideration? Eddy: I think it was approved. It expires in March. It was approved a year and a half ago with access -- it shows off of Eagle Road into their development. That's what you saw, too; right? Allen: Can't remember -- excuse me, Mr. Mayor. Would you like me to respond? Simison: Yes, please. Allen: There is -- I believe that a copy of that is in our public record on this application file. I was just going to look it up real quick. I don't remember offhand. I assume that there was an access. I don't believe Mr. Eddy's property was the only access. I know it did have a stub to his property, but let me look for that real quick. Eddy: If you look at that application they had a building jammed almost up right against that access point of mine to theirs. It was a really narrow driveway with the building straight ahead. But it definitely had Eagle Road -- their access was off of Eagle Road into the development. Sorry, I should have brought that with me. I didn't think that was material. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Can you guys hear me okay? Simison: Yes. Bernt: Perfect. So, thank you, Mr. Eddy, for being with us this evening and thanks for the presentation. I -- you know, normally the path -- obviously conductivity is extremely important, especially in these types of development. Very familiar with this section of our city and it's -- it's -- I have always thought that the parking situation over there along that road south of Mr. Eddy's property going west to where the Brickyard road is behind Kohl's and Hobby Lobby, there is always cars there in the morning time and in the evening, so Page 31 Meridian City Council Item#1. November 30,2021 Page 29 of 81 that was one of the reasons why I didn't support the Delano project that we heard last year. It takes a high bar in my opinion for us to -- to issue some type of variance or -- like Mr. Eddy is asking for -- or permission from Council to issue what he's asking us to do. I take it extremely seriously, as does every single member of our Council. In this situation I agree with what Mr. Hoaglun said earlier with regard to the -- the -- Wainwright that goes from the road that is north of Mr. Eddy's property to the southern road that's south of Mr. Eddy's property. If it was one straight road where you are not dealing with drive-throughs with Mr. Eddy's property and the other problems that he's mentioned. The fact that he originally -- when we heard this project years ago I think this was mentioned as a concern as well. I remember specifically making a pathway or something -- we are talking about -- where we spoke about issues with -- with -- with public safety. In this regard I just don't see a way -- and I agree with Mr. Eddy with regard to allowing pedestrian access and bicycles and -- and that type of access, but I don't see a way in which you can have a car -- full of cars having access from that northern roadway to the southern roadway in a way that's safe. I completely agree. You're going to have to drive residents to a section of the property where folks are getting gas. I have seen kiddos, you know, buy their-- you know, that are walking, you know, from -- you know, from the area where you get gas over to the C-store and kiddos, you know, going astray. I also know the Eddy family quite well. They are good people and I know that whatever that is to the north, if it makes sense for -- I believe that he could potentially in the future maybe grant no access for vehicles. I doubt that just with the current layout that we are looking at and I understand staff's point of view of requesting denial. I mean it's code. I mean what they are asking for is -- is not in our code and I get why staff made the recommendation that they did, but knowing this property and how its laid out, it would be very difficult for cars to flow freely throughout that property in a safe manner. So, I would be -- from where I stand right now I will be supportive of Mr. Eddy's request. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I have a question for Mr. Eddy. So, you have developed this -- you admit there is a -- a safety issue already on your property with pedestrians. What can you do to make your property safer for pedestrians? Eddy: Well, the biggest thing is not have that access point and more cars coming through there. I think we try really hard to make it safe. I think the -- the one thing is where that road and where that electrical transformer is and that pinch point where it's this sharp turn is where we have so much action and even down by our -- where our dumpster corral is for the car wash, we are going to have to an internal stop sign there today, because the cars, you know, come out of Hobby Lobby, it's lined up to get out onto Eagle Road, they come flying through me to get to Eagle Road and get out my access point and where the dumpster is at the car wash, which it doesn't show on here, we had a real blind spot there right now that we are going to have to have a stop sign internally. I think everything else with the mass of the site what we tried to do is make the site flow good for the customers we have. The Brickyard has added another element where people let their kids come Page 32 Meridian City Council Item#1. November 30,2021 Page 30 of 81 over unattended and walk over there and that's what scares me about that highway and that pinch point is they come across their nonstop all day and evening and they don't pay attention and we have a pedestrian pathway that we put in, it's marked, it's with pavers very well, but they just come straight across from that pedestrian way into the Brickyard and they don't pay attention to that, because it's shorter just to come straight. So, with my dumpster corral out there right next to where this access point is supposed to be, there is a -- we have a large dumpster corral to hide all of the crates and the different things we have. We have recycling out there. You walk and you pretty much have to walk right in that driveway before you can see if a car was coming through this access point from where our corral is and this doesn't show it like the other one did, Sonya. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just want to ask Sonya, is this what the current proposal is for that property to the north? Is that what we are looking at? Allen: Mr. Mayor, Councilman Hoaglun, yes. Eddy: Sorry. That -- sorry, I wasn't even looking at that. That shows how they came off Eagle Road and what I saw is their drop-off points and so on and it just went straight into a building. It wasn't really going to help their flow and the way they had their parking all the way around that building. You could circulate around that and get right back out to Eagle Road. Perreault: Mr. Mayor? Eddy: Thanks for sharing that. That's -- that's what is approved with Boise. Allen: So, Mr. Mayor, they show the access driveway to the west through the Delano multi-family project that's planned for that site and, then, as you can see the stub to Mr. Eddy's property to the south. Simison: Council Woman Perreault. Perreault: Thank you. Mr. Eddy, I'm really trying to understand how you got here in the sense of -- so, you hit -- if I understand what you have been telling us, you had made an agreement with the property owner to the north that you wouldn't put that in, so that -- that the public wasn't trying -- excuse me. The public wasn't trying to access his property. So, you knew that that was going to be a requirement at some point, but yet all these -- all these business decisions were made to add all of these expensive elements to your property in a pathway that leads up to where you knew there was supposed to be a northern access and now coming back and saying, hey, now my property has all these impediments, I put them there, even though I knew that at some point cars were going to have to access this part of my property. Is that -- am I -- am I unfairly describing that? Page 33 Meridian City Council Item#1. November 30,2021 Page 31 of 81 Because that's what I'm hearing and I -- I -- I want to make sure that I'm not mishearing you. Eddy: No. You are fairly saying it. But things change and it's changed with how the drive- through is setup and what's happened, you know, and, again, if this was a development that was to happen there, I don't think I have a problem with it, but we can't be guaranteed what's going to go there and with what's happening with apartments today and highest and best use, I could see these guys sell this, because they were all rah rah going to go to apartments and there is -- from a safety standpoint neither one of us would be smart to approve something with an access cutting through my development with that -- that kind of traffic. If it's a retirement home, something like this to where it's minimal traffic, it wouldn't be an issue, but I'm really concerned about what -- since you guys let this property -- didn't approve it in Meridian and now it's in Boise, we don't -- we don't know what's going to go there. Perreault: Mr. Mayor, follow up. Simison: Council Woman Perreault. Perreault: Thank you. We do have a lot of conversations about traffic flow hereon almost every application and one of the things we discuss is that usually folks will take the easiest route. They are going to go through somewhere that has the least amount of impediments. So, my anticipation is that you are probably not going to get that many people cutting through this property to get out of--to get out of that development, because they just don't want to try to drive through your property and, however, if we decide to remove that access now we have removed -- now we have taken out a safety element that should be there in the case of an emergency or in the case of there really needing to be one, but -- but I truly think that with as many -- as many items that you have in that driveway to get out of your property, probably not going to drive through your property. Eddy: I think people take the path of least resistance just like you said, like the kids that walk over every day, if they think they can get through quicker through me they are going to come through me and that's what -- that's what concerns me. That's what this is all about. I just -- we couldn't buy the property and get a square parcel. I got that dogleg in there and where that dogleg is is where all the fuel tanks are at sitting there and it's not a straight shot. The other part of that is when you come straight from that development you are going straight towards the gas pump and, again, if it was a low impact to use it's one thing, but if it gets into a high impact use, neither one is any good for the community in my opinion. I mean it would be better for me to have the traffic. So, I'm mostly speaking from the standpoint of safety and doing the right thing personally. I would be better to have all the cars come to me and fuel and shop with me, but it's not smart from a safety standpoint with what's already going on the site to have that kind of traffic and have a speedway right through my parking lot. Hoaglun: Mr. Mayor? Page 34 Meridian City Council Item#1. November 30,2021 Page 32 of 81 Simison: Councilman Hoaglun. Hoaglun: I know this is a public hearing, but while we have Mr. Eddy up here I would like to ask Deputy Chief Bongiorno about fire access and adequacy of the current site, about this cross-access easement, if there is a need for that. If you could weigh in that way Mr. Eddy could -- could respond as well. Bongiorno: Sure. Mr. Mayor and Councilman Hoaglun, looking at -- I was just reading through Boise's letter and I'm not going to speak for the city of Boise, but knowing the fire code like I do typically when you have more than a hundred units you are required to have two separate accesses for that property, unless they are fire sprinklered. I believe it's -- you can go up to 200 then. So, my only question would be whether that access to Mr. Eddy's property would be considered their secondary access to the property, because the other two on the east side just go to residences. So, that would be my only question about the -- the accesses. Are they considering that secondary access and if they are I -- I would be agreeable to building the full access and putting up bollards, like Mr. Eddy said, and allowing, you know, classical bollards or whatever to allow foot traffic and bicycle traffic through there and, then, if it needs to be used as a secondary access for the fire department, then, we can remove the bollards, knock them over, whatever type of bollards that Boise would be agreeable to, along with me. So, that's my only question is -- is I feel it should be -- someone should check with Boise to see if the one access is enough for what they are looking for or if they needed that secondary access because of the fire code. Eddy: Mr. Mayor and Council, I -- that would cost me more money to do that and from a safety standpoint I think I would be agreeable to pay to do that and put the bollards in. I think that size of assisted living it would have to be fire sprinkled, like the fire chief said, but I wouldn't be against doing that, then, that would allow pedestrian traffic from that site into my parcel or through to Hobby Lobby to my sidewalks that are safe that we do have and into my facility from that -- that and it covers the fire issue for myself and that development. Simison: Council, any additional questions for the applicant? Okay. Thank you, Mr. Eddy. Eddy: Thank you, guys. Simison: This is a public hearing. Did we have anyone signed up to provide testimony on this item? Weatherly: Mr. Mayor, we did not. Simison: Okay. If there is anybody in the audience that would like to provide testimony, please, come forward at this time and state your name and address and be recognized for three minutes and if there is anybody online use the raise your hand feature so we can also bring you in for testimony. Page 35 Meridian City Council Item#1. November 30,2021 Page 33 of 81 Martin: David Martin. 23633 FreezeOut Road, Caldwell, Idaho. 83607. And I just happen to work for Stellar Senior Living, who owns the property to the north. So, I don't know that I need to make any comments to you guys. I welcome to answer any questions. I -- I would argue, though, that we at least have that emergency access. Right now it's slated for about 150 living units. It is sprinkled. The access to the west is still on the map -- is going to be -- it's going to be emergency access only. On the -- on the west side -- on the north side that goes to a private residence. That's that parcel that is blocking the Centrepoint Way access onto Wainwright. And the access on the west to the south, that goes directly into the Delano Subdivision, which we don't want--we don't want their traffic coming through an assisted living. It's like Mr. Eddy mentioned, the safety hazards for all of our seniors and everything else. So, we would love to have this access stay open just for emergency access at least. But, again, as Mr. Eddy implied, they come right now. It's crazy. Building costs are crazy. We intend to develop this into assisted living. If not, then, we can look at our options. But we don't -- we don't have any clear exact direction we are going to do that just yet. Right now we are approved for assisted living. That's what we do. That's our wheelhouse and it's a great spot for that. We do have access on Eagle Road. It's right-in, right-out and we barely got that approved with the traffic study, because it's Eagle Road and Eagle Road is crazy, so -- and it's just because assisted livings have very low traffic flow. The trip count was low enough they were able to approve. We were able to get a waiver I believe, too, because the access there is so close to Fast Eddy's and to Wainwright, it was tough with the deceleration lanes and everything else, so that's kind of a tenuous access. It was approved for the assisted living. Something with more units may -- that access may go away, which would, then, require that there would be an access to the south through Fast Eddy's. Simison: Thank you. Councilman, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I guess a question for staff, but please don't go. So --just so I understand. So, if the ACHD approval of the access for Eagle Road runs with -- is associated with a property type and, then, we move forward on an emergency access with bollards this evening, then, what would really -- I mean what would happen with all these agencies and Boise if we -- if we approve that, he has no access, can his -- does he have to go for re-approval through the city of Boise if he changes the use or how does that work? Allen: Mr. Mayor, Council Woman Strader, I'm trying to get all your questions. I'm sorry, I'm a bit brain dead tonight, so cut me a little slack. But -- so, it's ITD that's the road authority for access on Eagle. The city of Boise is the one that approved their site plan. I'm not sure if they -- they -- I'm not sure if they required a cross-access easement to be provided from the assisted living facility to Mr. Eddy's property. It looks like they -- assuming they required the access driveway. Not sure if they would have if we hadn't required it to be a stub on Mr. Eddy's property to their property. I'm not sure of their code requirements. Did I answer all your questions? Page 36 Meridian City Council Item#1. November 30,2021 Page 34 of 81 Strader: Yes. Mr. Mayor, one more? Simison: Council Woman Strader. Strader: Sonya, have you ever seen a situation where we could just say Mr. Eddy needs to put, you know, X amount of money into an account for this purpose and if in the future he doesn't, we could take that money and, then, have a right to ensure that some kind of access is installed to our satisfaction? Have we ever done something like that to try to solve a problem like this? Allen: Mr. Mayor, Council Woman Strader, I don't believe we can do that. The only -- and only time we can take money is when we are holding up occupancy for a determinant time. From what I understand that's not something we have done in the past nor want to. ACHD sometimes does. It doesn't apply in this situation, but sometimes does road trusts that can accomplish those kind of things, but not in this case. And I -- and I failed to answer one of your other questions. I remembered afterwards. If the land use changes on this site, then, that would be required to go back through the city of Boise for a new approval. Strader: Mr. Mayor, one more. Simison: Council Woman Strader. Strader: Okay. So, if -- if this evening we ended up approving this as an emergency access with bollards, which I'm not sure I'm there yet, frankly, I believe this was within Mr. Eddy's control and he did a little bit of do something and asked for forgiveness later. I'm not like loving that. But if we did that, then, would you be able to communicate with your counterparts in the city of Boise to like let them know the outcome here, so they can calibrate their future decisions accordingly? Or how does that communication work back and forth? Allen: Mr. Mayor, Council Woman Strader, I can certainly convey that to them. However, they have -- they have approved this site development plan. So, I -- I'm not sure what they would do with that information, to be honest with you. Strader: Fair enough. Thanks. Simison: Counsel, any additional questions? Okay. Thank you. Is there anybody else that would like to provide testimony on this item at this time, online or in the room? Okay. Then would the applicant like to come forward for any final comments? Eddy: Mr. Mayor and Council, I guess all I can say is I have my track record in Meridian. I built my first store in '91. I don't do things that way. I would never do that. I can promise you that. This was a little bit of an oversight by my engineer that didn't show it. It was never done intentionally. You build a site, you do what I did there, and, then, you see the traffic and you see what happens and I can sit and look at you straight up -- it's just a Page 37 Meridian City Council Item#1. November 30,2021 Page 35 of 81 safety concern for me, because I do care about the community. I care about Meridian and I'm only asking for a request. It's the right thing to do and that's all. Simison: Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Yeah. I appreciate that. I guess my request back to you would be, you know, things change, I'm not sure what the outcome is going to be, but I would love to have someone who is a community partner, who is doing the right thing, love to see you do anything you can do on your site to try to fix some of the pedestrian safety concerns that you have identified. That would also be the right thing to do. So, I will trust that you will do that. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I wouldn't mind if we had a discussion without closing the public hearing. There might be some questions that might come up or response that we might need. So, if that's okay with the rest of the Council Members to kind of have that discussion as we kick this around. Bernt: Okay by me, Mayor. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: You know, our Uniform -- Uniform Development Code, the requirement for, you know, a cross-access agreement, easements, and everything is there for a reason and it's a very good one and -- and so when you think through this and take this request, you know, and look at it, it's not something we do lightly. The concern that I have with grant -- with -- with not granting the request to -- and do something other than having a wide open easement for access, is we --we have got a bad situation there with the apartments, the traffic, the parking and we can't undo that and by granting it it's not going to make it better. Looking at the site and why I wanted to find out exactly where the gas tanks are, now here -- you know, there is -- there is the trash enclosures and he is doing things to make sure that's not visible to folks. It just changes a lot of things that just makes to me the situation worse and, like I said, our code -- it's a good thing to have that access easement, but in this one particular situation I think 99 percent of the time I would probably deny, but I think he meets the high bar of saying this isn't going to work at this particular location. I mean we can get into the reasons why we should have, could have, would have, but it is what it is and I just don't see that improving with -- with anything, even if it Page 38 Meridian City Council Item#1. November 30,2021 Page 36 of 81 goes to something else. I do agree, I think emergency access with bollards is something that is definitely needed for -- for those safety and for pedestrian access and I think even if you have assisted living you are going to have workers over there that makes it a lot easier for them to access the conveniences that his business offers that they can utilize. So, I think even though it's, again, money out of his pocket, it will certainly come back to him in the long run. But that's just where I am here tonight on -- on this particular issue. I just -- I just don't see it making it -- that situation better and it is a safety issue. It's -- it's not like most of the easements that we -- we have put in that are -- that are typical and for whatever reason it's -- that's what we are dealing with and that's -- that's where I am. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I think -- I think I'm in the same boat. I would like to see the emergency access with the bollards and I am hoping that does improve the situation. It should be s high bar to --to make these exceptions. Unfortunately, it's just kind of a bit of a conundrum with the Brickyard and I don't think that this will -- providing full access is just going to make it worse, but that being said, I really hope that the assisted living moves forward. think it could get tough if it -- if it becomes a different use. This area is going to be really problematic. But that's not within our purview tonight, so that's where I'm at with the emergency access with bollards and I appreciate Mr. Eddy's commitment to improve the pedestrian safety in whatever way he can. Perreault: Mr. Mayor? Bernt: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, there is four of us here this evening and that's what makes a quorum. I'm not yet at the place where I am comfortable saying that we waive this requirement, so -- however, for the applicant's sake I -- you know, I don't -- I don't want to cause him undue difficulty with us in any way. However, at the same time to be really candid Mr. Eddy has developed multiple properties in our area and he knows how these work and I'm -- I'm sorry for the oversight, I am very concerned about cutting off access to that. So, I'm going to -- I'm going to put that out there and if there is anything else I suppose that could be said or discussed or presented that might help me get over the hump to agree with the emergency only access, I -- my ears are open. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I think this evenings dialogue has been crystal clear. I don't think that there is anything more that can be added or anything that can be subtracted from this Page 39 Meridian City Council Item#1. November 30,2021 Page 37 of 81 conversation at the end of the day. This is no secret. I'm not a big fan of this area of our city. I think that with all of -- with Brickyard and with Delano, this is -- I mean I have -- I have always had serious concerns with this and -- and I completely agree with -- with Councilman Hoaglun's assessment of the situation. To -- to approve what Mr. Eddy is asking for is an extremely high bar. I mean especially in the commercial area where we rely on connectivity. I think it's extremely important. You all know why. In this case it just, honestly, in my opinion, it doesn't make sense and we are making a problem a bad -- I'm going to say a bad problem, but a problem that I don't really like. I think by, you know, opening up this -- this -- this -- this area for -- you know, for -- for traffic use, auto use, think would make the problem even worse. So, I'm in favor of the development modification that Mr. Eddy is asking for and if there isn't any further discussion, I -- I would be in favor of closing the public hearing and voting on this issue. Simison: Was that a motion? Bernt: Oh, more than welcome to make a motion, Mr. Mayor. I move that we close the public hearing. Hoaglun: Second the motion. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed? The ayes have it. MOTION CARRIED: FOUR AYES. TWO ABSENT. Bernt: Mr. Mayor? Mr. Mayor? Simison: Councilman Bernt. Bernt: I -- before I make a motion, included in my motion I'm going to include an emergency access with bollards that Mr. Eddy has agreed to. Is there anything else that I have missed that I need to add to my motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor and for legal counsel, is there a time frame that we should be putting on this or, Sonya, staff, is there a time frame? I know those bollards would have to be acceptable to the fire department, but as far as when this would be completed by? I mean if we don't have a date certain it could be five years from now, but -- Nary: So, Mr. Mayor, Members of the Council, as Sonya stated earlier, I mean this is holding the C of O; right? He has a temporary C of O now. If you want to require a date -- I don't know, Sonya, if there is a way to track a specific date, like six months or whatever the time period will be. I have no idea how long it would take to construct the emergency Page 40 Meridian City Council Item#1. November 30,2021 Page 38 of 81 access there. So, that's a question I have for Planning, because she would be responsible for verifying it was completed by the time period. Bernt: I can't -- I can't hear. Excuse me, Mr. Mayor. I apologize to interrupt. I can't hear Mr. Nary very well. Nary: Apologize, Council Member Bernt. What I said was that if we put a specific date -- because, really, right now the burden is on Mr. Eddy if he wants a final C of O to construct this right. Now it -- it can be bonded for, but if you want to put a specific date it really is incumbent on Planning on verifying that it's completed by a certain date. So, I don't know they have a method to do that in the Accella system and that's the only thing I was asking of Planning. Bernt: Okay. Got it. Thank you, Mr. Mayor. Bongiorno: Mr. Mayor? Simison: Deputy Chief. Bongiorno: I was just going to say I -- I have been typing an e-mail in anticipation as we have been -- as you have been talking. So, as soon as the motion is made and approved I will send the e-mail to Mr. Eddy and Sonya. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Isn't the point of leverage that the city has for -- sorry, it's kind of a crude term, but the issuance of the COs -- I think probably the motion should reflect that this would take place before issuance of the final CO. Simison: That would seem to be why we are here. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, it sounds like there has been several requests for an extension and temporary certificates approved. Is this the last that will be permitted? Allen: So, Mr. Mayor -- Perreault: And what have been the -- can you share with us the reasons for the past approvals? Page 41 Meridian City Council Item#1. November 30,2021 Page 39 of 81 Allen: Mr. Mayor, Council Woman Perreault, Council, this has been the reason for the previous extensions on the temporary C of O there. They currently don't have a C of O. It's expired. I'm not sure why the building department didn't renew it. I know they were waiting to issue a final C of O until this issue was resolved one way or the other. But from what I understand their temporary C of O is no longer current. So, something needs to be done. The temporary C of O needs to be extended or if this requirement is waived, then, the C of O will be issued. Simison: It sounds like we are going to need a temporary C of O regardless, because they shouldn't be in there if they don't have a temporary even. So, that's a separate issue that needs to be addressed. We can take care of. But one of my initial questions was can you have a temporary C of O forever? So, again, kind of going back to the question like when does the temporary C of O cease to be an option or an opportunity, under what ordinance, code, et cetera? Have we hit that point? Nary: So, Mr. Mayor, Members of the Council, from -- from my understanding with the building department, I mean they will give specific deadlines and dates to complete these and they are looking for milestones of some sort. So, I don't know whether or not, you know, this winter I don't know whether 90 days would be reasonable. Certainly six months would be reasonable, in my opinion, to be able to complete the work for that. After that, again, if no further C of Os are directed by -- by this amendment that no more C of Os could be granted -- temporary C of Os could be granted after six months, it would require Mr. Eddy to come back within less than six months to say I cannot complete it because of X, whatever that X may be, and you have to hear it again and decide. So, that's -- that's probably your best bet to get it completed within a reasonable period of time, because he could not -- if -- again, if his C of O gets revoked that's a whole different problem that he certainly doesn't want to have and neither does the city. So, frankly, that's probably your best way to do it, to get some finality to this without it being bonded and, then, having to revoke bonding. Mr. Eddy doesn't want that either and neither does the city. So, that probably is the easiest way to move this along, get some finality, get some eyes on it and, again, put some direction both on Mr. Eddy as the owner and the City with him in conjunction to get this done. That would be the best in my opinion. Simison: So, I'm sorry, Mr. Nary. I am so confused. You said that they weren't eligible for the temporary C of O, but don't they need to have a temporary C of O? Nary: No. They -- I mean right now from what it sounds like they have expired. So, mean -- Simison: I guess my question is can you have a business that's in a temporary C of O for 20 years, if the building department continues to issue them? Nary: In theory under our code it's not specific as the building official's call. Our past practice has been we don't allow that indefinitely. So, they do want finality to it. Simison: Understood. But it's not illegal. Page 42 Meridian City Council Item#1. November 30,2021 Page 40 of 81 Nary: It is not illegal. Simison: Okay. Nary: The building officials can allow it. Simison: That's all I wanted to have verification -- okay. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: If the Council waiver doesn't pass what happens with the development agreement modification? How does that affect the C of O? Is the applicant permitted to submit another development agreement modification if they -- if they would have an alternative solution to the problem? Can you help me kind of understand how all that would tie in? Allen: Mr. Mayor, Council Woman Perreault, if -- if Council denies the proposed development agreement modification then the current development agreement provision stands. It would be up to the building official at that point whether or not they choose to extend that TCO or not. If they don't -- I mean the applicant needs to construct the driveway and provide a cross-access easement. If they still don't wish to and want to provide something alternative to that, as you -- as you mentioned, then, certainly they could submit a new application. From staff's point of view -- Hoaglun: Mr. Mayor? Allen: -- preferably that we get this handled now and not be back here again in another -- you know. So, I don't know if there is any alternative, though, that the applicant would like to pursue, if it would -- you want to continue this or not? I don't necessarily think it would, but -- Hoaglun: Mr. Mayor? Simison: Mr. Hoaglun. Hoaglun: I was just going to say -- Allen: I think a decision just needs to be made, quite frankly, on whether or not a cross- access -- the provision should be waived or not. Hoaglun: Mr. Mayor-- and I think Sonya is correct. We just needed to deal with the issue that's before us and it is a request to -- to have a development agreement modification to not do that and we are going to require, though, an emergency access with bollards that are acceptable to the fire department. I think a time certain of at least six months -- that's Page 43 Meridian City Council Item#1. November 30,2021 Page 41 of 81 one of the things we don't control and Mr. Eddy won't control is availability of construction folks and materials and all those things that we know that's going on in the world right now, but if that is an issue he can come back and say that wasn't reasonable, here is the situation I'm dealing with, and we deal with it then. But I think six months and, then, see where we land after that and, then, we just move forward. Simison: That was close to a motion. Hoaglun: Well, I thought Mr. Bernt was going to make that motion. Bernt: Go for it, Brad. Go for it. Go for it. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: After considering all staff and applicant testimony -- and public testimony, I move to approve File No. H-2021-0068, the development agreement modification as presented in the staff report for the hearing date of November 30th, 2021, with the condition that an emergency access only is created with bollards that are acceptable to the fire department for their access purposes. Bernt: Second. Hoaglun: And -- and that the work be completed, if possible, within six months. Bernt: I will second again, Mr. Mayor. Simison: I have a motion and a second. Is there discussion on the motion? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just want to make sure we are formulating it in a way that it technically works. So, the staff report recommended denial. So, I just want to make sure we are approving the waiver and not the staff report, because I think that -- and maybe I'm just -- maybe I'm being overly persnickety. I apologize. Mr. Nary will set me straight. Nary: Mr. Mayor, Members of the Council, no problem, Council Member Strader. So, what's going to come back to you is findings to that effect is what your motion is and, then, we will prepare an amendment to the development agreement that Mr. Eddy will sign and, then, he will, then, work with the building department on the temporary C of O to get it done and, again, obviously, if he can get it done sooner than six months the better for him, better for the city, but that should cover the -- the necessity, as Council Member Page 44 Meridian City Council Item#1. November 30,2021 Page 42 of 81 Hoaglun stated, but, no, I think we have it covered that we will be able to bring back the appropriate findings and amendment. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I might answer Council Woman Strader. So, to cut through the legalese, the applicant requested the modification to the development agreement, so that's what we are approving tonight with -- with our additions to it, so -- yeah. Simison: Is there further discussion? Bernt: Nope. Simison: Clerk will call the roll. Roll call: Borton, absent; Cavener, absent; Bernt, yea; Perreault, nay; Hoaglun, yea; Strader, yea. Simison: Three ayes. One no. Motion carries. MOTION CARRIED: THREE AYES. ONE NAY. TWO ABSENT. Simison: Council, do we need to take a quick break? Okay. We are going to take a ten minute break and we will pick back up at 8.15. (Recess: 8:06 p.m. to 8:16 p.m.) 17. Public Hearing Continued from November 23, 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: 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: All right. Then we will go ahead and come back from recess and go into our next item, which is a public hearing continued from November 23rd, 2021, for Regency at River Valley, Phase 3, H-2021-0059. We will have staff comments for this public hearing. Allen: Mr. Mayor, I'm having technical difficulties here. All righty. Thank you. Mr. Mayor, Members of the Council. Make sure I'm on the right project here. This project was Page 45 Meridian City Council Item#1. November 30,2021 Page 43 of 81 continued from October 19th Council meeting to tonight's meeting in order for the applicant to have time to address concerns discussed during that meeting pertaining to traffic generation from the proposed development, impact to West Ada School District, sustainability of the multi-family development on this property and if the new phase would meet UDC standards for open space amenities, parking, and et cetera. The applicant is here tonight to address those topics of discussion for you. Simison: Thank you. Council, any questions for staff? Ask the applicant to, please, come forward. Whallon: Thank you, Mayor, Members of the Meridian City Council. My name is Brandon Whallon. Physical address is 25 South Ruby Street, Boise, Idaho. 83706. This is a follow up for the meeting that we had on October 19th. I'm not sure that this is the PowerPoint that I put together, but we can just talk off the -- Allen: Brandon -- Whallon: No. This is fine. Allen: No. I have -- I can get it up real quick here. I thought you had one. Whallon: No. No problem. So, this is a response to the concerns that were raised by the Council at the October 19th meeting, specifically the traffic that would be generated from the new phase and the safety of the existing access on River Valley Drive. The additional student load to the West Ada School District. The existing development agreement modification and the creation of a new development agreement. Suitability for a multi-family housing project located on Eagle Road. And if the new -- new phase could meet the development code requirements, open space, off-street parking, landscaping, open space and site amenities through the conditional use permit review process. So, this is the existing main access point to the Regency off of River Valley Drive and so the first point of discussion is the modification of the development agreement. This is the property that's just north of the existing mattress store. You can see the right-in off of River Valley Drive and there was an Aand a B component associated with the development agreement for this parcel. On the right-hand side you can see a retail. It would be just a speculative retail building or to the left you can see a smaller speculative retail building and a restaurant with a drive-through. That was the development agreement that was approved for the southern most piece of property. The other development agreement that is in place was for the self storage unit, as you can see here, on the northern piece of property. Bach Homes has owned these properties for some time. They did try to market them to various commercial entities. They would go under contract, but when it came time to lease and/or sell the property the people realized that there were just limitations and restrictions associated with access that would not make it functional or profitable for them and so they would not close on the contract and so Bach, then, re-examined it and said if we aggregate those two parcels and remove the existing development agreements and come forward with a new development agreement for phase three of the Regency, they could get 134 living units on that property and so Page 46 Meridian City Council Item#1. November 30,2021 Page 44 of 81 that's what our request is tonight. On the left-hand side you can see the E-shape of the building. That would be five stories in height. On the interior of that you can see areas where they have allocated for amenities, fire pits, barbecue areas and there will also be, as was discussed in the last hearing, an access road that goes from north -- from River Valley Drive northward through our properties to the Great Wall restaurant and, then, the property to the north of that is going to develop and the approval for the Great Wall restaurant is a temporary access point to Eagle Road and when either the backage road, as Caleb called it, develops from River Valley going north or from the property that is north of the Great Wall, when either of those two properties were developed and that backage road was created, the temporary access to Eagle Road would, then, be terminated and so we have had discussions with Caleb and JoAnn Butler was representing the owner of the Great Wall and the property to the north, we told them that we have seen great utility in that backage road and that new access point to the north of the Great Wall restaurant being improved, because as Ms. -- Council Woman Perreault asked at the last hearing, if there is only a right-in, right-out to this phase it's going to be very difficult to get on and off the property, but if people can go north on Eagle Road past the Great Wall into the new development and, then, take a write off of Eagle Road and, then, take a right onto this backage road, that provides them another opportunity off of Eagle Road to get into this property. You also have the right-in, right-out directly off of River Valley and, then, we are also planning to remove three parking spaces between phase one of the Regency, so that direct vehicular access can go from phase three to phase one. So, it really diversifies the number of locations that people can come on and off the property and we have brought -- we did generate a scope -- a traffic study with ITD and it was submitted and approved by ITD and we have the traffic engineer here tonight if you would like to ask him any specific questions with regards to traffic on the property. This slide just shows the amenities that will be provided on the site. Firepits. Hot tubs. Kind of an outdoor picnic area underneath the pergola. We are looking for this -- this development to be for young professionals and so those are the types of amenities that we are trying to provide on the property, but we are looking to provide an easement to phase one and phase two. All amenities that are provided throughout the site, the clubhouse, the pool, the spas, the gym facilities, will be available to any tenant from phase three as well. So, it will meet all of the amenity standards standalone, but they can also use all of the existing amenities provided in phase one or phase two. And this is the backage road that I was referring to. It will be a direct route from East River Valley Street around -- along the backs of the -- the mattress store where we are proposing phase three of the Regency and the Great Wall restaurant go across the slough that's being -- I think being underground at this point in time, that water channel, and, then, there is a proposed access point there to Eagle Road that we think will be a great access point for phase three of the Regency. This is a depiction -- another question that was asked how safe and effective is the main access point to Regency One and so I went and looked at the Idaho Transportation Department's safety dashboard and they show crash history data going from January of 2016 through December 31 st of 2020 and there were four documented property incidents at that main access point. So, that categorizes a fender bender and no physical harm or physical injury. So, with that we would respectfully request to remove the existing development agreements associated with the one property that could be retail or retail with a drive- through restaurant and the other parcel, which was identified and approved for self Page 47 Meridian City Council Item#1. November 30,2021 Page 45 of 81 storage, we would like those two development agreements removed and replaced with a new development agreement for phase three of the Regency at River Valley creating 134 new residential units and with that I would stand for any questions that you may have. Simison: Thank you. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Yeah, I have a couple questions. The amenities looked really interesting. Where would those be located? Are those on the roof of the building? Are they in a plaza in between the building? Like help me understand that piece. Whallon: If I could go back -- remember the building is shaped like an E and so there would be open areas within that building and it was within that area inside of the -- one more slide and I think we are there. Yeah. On the left-hand side there the -- Strader: Okay. Whallon: So, the building was kind of wrapped around that outdoor amenity area. Strader: Like kind of a plaza? Whallon: Yeah. Like a plaza. Strader: Got it. And, then, I think you mentioned it's going to be five stories tall. So, I'm assuming that that's elevatored. Have you worked with the fire department at all in terms of, you know, now it's like a higher building there should be different requirements? Whallon: Absolutely. Yes. Mr. Mayor, Council Person Strader, yes, it is -- we will meet all UBC, IBC standards and this building -- in the past Bach Homes has built many different buildings and one or two would have an elevator. In this instance one or two elevators would serve the entire building and so it does provide that service and capacity and kind of cut costs as well. Strader: One more, Mr. Mayor. Simison: Council Woman Strader. Strader: So, I'm assuming it's not stick built then. Are you -- just curious what kind of construction materials you are using considering the height of the building. Whallon: Mr. Mayor, Madam -- Council Woman Strader, I'm not sure if it's type four or type B. The -- because it is five stories that is a threshold where you have to go to a different building type. They are going through the conditional use permit process. Once Page 48 Meridian City Council Item#1. November 30,2021 Page 46 of 81 they have the conditional use permit approved, then, they will generate the construction drawings, submit for building permit review and the building department will ensure that we are meeting all of the codes for a five story building. Strader: Thanks. That's helpful. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor and -- to talk a little bit more about the conditional use process, the site amenities will also be part of that consideration when you go through and you are proposing that, you know, have to have cross-access to the other phases, they can use those amenities, and we have talked before about the site and some of the constraints you have space wise for amenities and hoping that -- but if-- if that does not come about, if staff looks at it and says, you know, you need to have, you know, the required amount of amenities, where do you -- how do you -- how do you move forward with that? Is that doable or -- or -- Whallon: Sure. Hoaglun: --just kind of concerned about not being able to meet our code requirements if that's -- that's what's required for that particular site. Whallon: Sure. Mr. Mayor, Council Person -- Councilman Hoaglun, as I understand it through your UBC -- or UDC, Uniform Development Code, the number of amenities required is based upon the number of units you can provide and so our architects are looking at how much area they have and can they get one amenity? Can they get two amenities? Can they get three? They are saying they can get four amenities on the property, which would allow them to get 134 units. So, they are going through the conditional use permit process and they have submitted that material to the staff for their review and so I think that if staff may come to the determination that that doesn't count as an amenity, you only have three, then, our unit count comes down. So, our unit count -- it's a standalone project. It has to meet the requirements of the Uniform Development Code or -- yes. So, based upon the number of amenities that they can provide on site will dictate how many units are able to -- on the property, it stands alone, and we are just saying, hey, you people in phase three if you would like to use any of the amenities in phase one or two you are more than welcome to, but unit three -- or phase three will meet all of the Uniform Development Code requirements through the conditional use permit process. Hoaglun: Mr. Mayor. Thank you for that response. It sounds like you do have a plan, so thank you. Perreault: Mr. Mayor? Page 49 Meridian City Council Item#1. November 30,2021 Page 47 of 81 Simison: Council Woman Perreault. Perreault: I have several questions, so I would like to ask your permission to go through them back and forth. Simison: Have fun. Perreault: Thank you. My first question is now that you -- now that you know that there is going to be a road that's going to access further to the north -- north of Great Wall, did the -- did the owner, developer, applicant -- you and your team make any consideration of-- of potentially taking this back to commercial use? I just -- I want to really understand before we forego this high traffic important corner that we -- that you have exhausted all the options. Whallon: So, Mr. Mayor, Chairperson Perreault, we have considered it and they still think that the access that is provided -- I looked at the -- the traffic study. There is 55 trips in the peak p.m. hour. Less than a car per minute. That's suitable for somebody who is going to their home, to their residence, they will go through a little bit of a diversion and go a little bit out of their way. Not going to be a big problem. But somebody who is looking for commercial uses, who wants to do some shopping, they are going to make their decision based upon how close they can park to the front door of that business. The path of least resistance I think we have heard earlier this evening. And so it's just our opinion that we are still not going to be able to satisfy the access requirements of a commercial use on that property. They have tried -- they have had -- they have held the property for three, three and a half years. I know this is the --the backage road going to a new access point on Eagle Road does change things a little bit, but we have talked internally and we just don't feel that it's marketable commercially for retail or services. Perreault: Can you shed some light for us on that concept plan having been put together in the first place, if there was just not due diligence done or if there is some factors that have changed since then as to why commercial would have been originally proposed. The state regulation for right-in, right-out and difficulty getting access to Eagle Road hasn't changed for quite some time, so -- so, Mr. Mayor, Council Woman Perreault, it was time. They got those parcels at different times and so they got the first parcel and we are looking at opportunities and it wasn't big enough for multi-family residential development and so they started the speculative retail, just a strip and, then, they thought maybe they could entice a restaurant user to come onto the property and so they market it that way. Got the development agreement in place and, then, the other parcel to the north became available and, again, at that point in time it was --there wasn't--the access wasn't defined and so they said, hey, it's still not going to function, you know, for -- as a storage unit the access would have been fine, not generating very many trips, but my discussion with Ms. Butler was a week ago and -- and she was asking us to have a uniform -- or a unified request before the City Council for the access to be emergency use only and for there not to be any cross-connectivity from Eagle Road into phase three of the Regency and we said that we -- we don't think that it's -- it's going to be very difficult to get on and off the property without that access -- that right-hand turn off of Eagle Road and so we wouldn't Page 50 Meridian City Council Item#1. November 30,2021 Page 48 of 81 -- we decided we were not going to participate in a uniform -- unified request of property owners asking for that road to be blocked for general use. We think it provides all of the good reasons why you want connectivity between different uses is present in this location and we just thought it was -- it was paramount, it was very important for the success of this, even multi-family residential development, to have that right-hand turn off of Eagle Road and that's preserved. The Great Wall property loses it, but it moves just a little bit to the north and, then, they can still -- their customers can -- I think that's changing. It's going to be an antique store and something else. So, it's not going to be a restaurant, it's -- it's not going to be a restaurant, but we think it will be a great new neighborhood. Perreault: When -- what is the timing of the development of that in relationship to what you are planning? The road. Whallon: Yeah. Mr. Mayor, Chair Woman Perreault, we think they are ahead of us now. We thought we were ahead of them, that we would be further along through this process, but I think that they are looking to develop and have their new store in 2022 -- late 2022 and we don't think that will be even turning around until 2023. So, they are at least a year ahead of us. Perreault: Thank you. Can you bring up the slide that shows the traffic flow with the arrows? So, over on Records Avenue it looks like there is an access to phase one from that location. Does that loop around and eventually connect to the new backage road? And is that a way for phase three to get out to Records Avenue without having to use Eagle Road? Whallon: Yes. Perreault: Okay. Whallon: Mr. Chair, Madam -- or Council -- Perreault: Council Woman. Whallon: Council Woman Perreault -- yes. And it's maybe tough to see, but if I can get the -- this drive aisle will be common. People can come around this way, they can come onto the property here, and this is phase two back here or they can drive in this way and this is going to be our connection, we are going to take out three parking spaces and this will be the connection from phase one to phase three. So, people can make a left-hand turn in and come back this way to get into phase one. They can go a little bit longer to make a left-hand turn and come back this way. If they are coming westward on East River Valley Street they can make a right-hand turn in and either one -- any of these three access points they will be able to get across this connection right here to phase one. Or phase three. Excuse me. Perreault: Thank you. As I shared last time, anyone who is making a left is going to head out to East River Valley Street. That's just--they are not going to go north on the backage Page 51 Meridian City Council Item#1. November 30,2021 Page 49 of 81 of the road and try to head out that way and make a U-turn, they are going to use East River. So, I still anticipate a significant amount of traffic through the first and second phase. I don't think that that's going to go away. And we talked about, you know, the traffic -- the traffic study -- first of all, we didn't get a copy of it. We got one little page of it that was in your letter that really didn't provide enough information. Secondly, I had asked about information regarding the traffic flow within the development of phase one and phase two at the last meeting, meaning I wanted to know if there were any concerns with traffic internally, any reports of accidents. I don't know if your property management team keeps track of those things or not, if there is cameras, that -- that watch that, but, again, I have driven through that numerous times. There are sections in there where you cannot get two cars going side by side. It's -- it's narrow and when people are backing out you sometimes cannot see and I just -- I think that just phase one and phase two the -- the drive aisles that go around that are very narrow and I don't -- I just have a lot of concerns about adding potentially 200 more cars coming in there, if they are already narrower as they are. So, I was hoping that I would see more information about traffic flow. Any -- any concerns regarding space accidents, anything along those lines, within the existing development, not just on East River Street. The photograph that you provided of the entrance to the -- of the main entrance is actually taken from across East River Street. If you get up closer to the entrance it certainly isn't that big and doesn't look that big and when you drive around that little loop, you drive around that center piece, it's -- it's not always, in my opinion, the safest way to -- to be accessing that. So, the way the traffic is you are supposed to -- if you are off to the right come around the circle and head back in when you are heading west and so you are going to have individuals that are continuing to do that that are going to be heading towards phase three. Whallon: Mr. Mayor, Council Woman Perreault, I think that there is a learning curve, much like any roundabout, that people the first time they come onto the property they might be a little bit confused on how it actually operates, but their second, third, fourth time they show up they understand that they go around the circular landscape area and, then, they can stay on the right down a drive aisle. I think that -- I think the development meets all of the drive aisle width requirements. It's not anymore narrow than any other multi-family housing complex, because that's dictated by the fire department meeting their minimum -- I believe it's 24 foot wide drive aisle and so I think that it's similar to any other multi- family housing project in the -- in the city. Perreault: Thank you. I will ask our -- I will ask Chief Bongiorno if he can comment on whether that drive aisle is the correct width if you include the additional 134 units. Hopefully he will be able to share that with us. Thank you. Bongiorno: Sure. Mr. Mayor? Simison: Deputy Chief. Bongiorno: Mr. Mayor and Council, for a multi-story building like that drive aisles need to be at least 26 feet wide for ladder truck access. Page 52 Meridian City Council Item#1. November 30,2021 Page 50 of 81 Perreault: Thank you. Is there a way for us to confirm that that's the case? Whallon: Mr. Mayor, Madam -- Chair Woman Perreault, I don't have the -- Perreault: Sorry. Council Woman. Whallon: Council Woman Perreault. Perreault: It's okay. Whallon: I would assume that Chief Bongiorno ensured that those were 26 foot wide drive aisles when they built that. I think this project was built back in 2014 maybe. Phase one. So, I -- I don't have a measurement and I do have the traffic consultant here and maybe that's something he could speak to, but I was operating under the assumption that when the construction drawings were submitted they were reviewed and it met all minimum standards for drive aisle widths. Perreault: Well, they -- it would have for that size of project, but now we are adding another 134 units, but we are using the same width of drive aisle. That's the question I'm asking. Do you -- do you understand what I'm saying? Allen: Mr. Mayor, may I address the question? Simison: Yes, you may. Allen: Council Woman Perreault, it -- when we do development agreement modifications -- just to back up a little bit -- we only require conceptual development plans and this is just for the -- changing the use of the property from what was previously approved. Detailed review of the site plan takes place with the conditional use permit application, which is submitted after assuming the development agreement modification for the change in the use and the development of the plan gets approved. So, we will do that evaluation at that time and all the agencies that are involved do submit their comments at that time and any changes will -- will be required to take place before they can develop the site as they want. If they can't comply with those changes, then, we don't approve their development. So, anyway, I just wanted to clarify if that helps at all and at this time it's not a detailed review, but they do have to comply with all of those requirements and life safety stuff at the time of development. Perreault: Thank you. I appreciate that. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: If Council Woman is good then -- I have just a couple that just came up for me. So, I have a question about pedestrian connectivity. I'm a little worried and I think what's Page 53 Meridian City Council Item#1. November 30,2021 Page 51 of 81 so hard for me with this -- it's so -- it's so backward to me. We are doing a DA modification and, then, we are going to have a CUP process and the City Council may not see this again. That's why you are getting all these like detailed questions that your answer is like, well, in the CUP process we will handle it, but for us this isn't -- this is like the last time we might see this. I like totally hate that as a control freak type personality. So, talk to me about how you are going to try to ensure there is pedestrian connectivity between phase one and phase two and phase three. Whallon: So, Mr. Mayor, Council Woman Strader, as you can see -- and its light, there is a sidewalk network. You can see the striped painting or the change of use of materials for pedestrian connectivity from the building here over to phase one and, again, there is another pedestrian connection and, then, there is also a direct pedestrian connection out to River Valley, so -- and, then, as well as from the front of the building out to a ten foot wide landscape and pathway that will be out along Eagle Road. So, there is a network of connectivity for pedestrians throughout phase three tying it to phase one. Strader: Sorry, Mr. Mayor, if you will permit me -- Simison: Council Woman Strader. Strader: -- a series of questions. So, if you are trying to go from like the pool or like the central amenity in the phase one, phase two part, it looks like there is a pathway, but, then, I'm assuming these are carports or something. I can't really tell. There are white kind of rectangular sections here and, then, it just occurs to me sort of odd that there is no pedestrian entrance that sort of center -- centrally accesses the building. Like I'm just wondering if -- if you are -- if you are in phase three and you want to go to the pool or whatever the central amenity is in phase one or phase two, is there a more direct way of getting there? Whallon: So, Mr. -- Mr. Mayor, Council Woman Strader, there -- there is breaks in those carports. That's what you are looking at is the roof of carports. But there are breaks that pedestrians can go through and get on to the pedestrian network that's associated with phase one. It is somewhat of a retrofit. There wasn't the intention of tying phase one to the west of a new phase, so we are looking for opportunities to create a network from phase three that will tie into phase one and, as I stated, it is a retrofit, but we are going to do the best we can to make a safe and fully functional non-motorized connection throughout the development. Simison: Council Woman Strader. Strader: Thank you. Yeah. I guess I -- I would hope -- because it looks like you have a nice kind of pedestrian connection here facing the middle of the E, if you will, and, then, maybe you could get rid of a couple of these carports or something. A couple things. So, have you thought about -- there seems to be like a traffic situation that Council Woman Perreault has alluded to. Have you guys thought about maybe directing your traffic one way, you know, kind of circulating through this site? I mean it occurs to me as an option Page 54 Meridian City Council Item#1. November 30,2021 Page 52 of 81 for you. I don't know if that's something you guys have looked at. Maybe like get a circulation pattern going in a clockwise direction or something as a way to help. So, curious if you have thought about that and maybe we could hear from your traffic guy. And, then, the other question for the traffic expert -- maybe just a parking question, you know, how utilized is your parking. Are you charging extra for carports? Do you have full utilization of those? Is that part of why you have so much parking on the street? Help us understand how you are going to try to make sure that the, you know, roads are not totally getting blocked. Whallon: So, Mr. Mayor, Council Woman Strader, all parking required for the development is on the property and we try to keep it about 1.7 parking spaces per unit. We -- we want it to self park. We don't want to impose our parking on other people's property. That creates contention. Parking under a carport is a premium and so that is something that's an add on as associated with their base rental unit and, then, they can have a reserved parking space, they can have a reserved carport parking space, they can also have a garage or they can just choose to be an open parking. So, it's -- it's -- it's somewhat of a regulated entity within the development and people kind of gravitate towards paying a little extra for a parking space that's closer to their front door and so it's a -- Strader: Yeah. I totally get that. I, myself, have owned like small multi-family units, but what I -- what I want to understand, though, is -- is your parking being fully utilized and do you have capacity -- like do you have the ability to flex your pricing on your carports or whatever people are subscribe -- subscribing to to try to make sure that that parking you have is being maximized in a way that makes sense if you have a traffic issue? Whallon: So, Mr. Mayor, Council Woman Strader, it is a very fine balance and we try not to overpark, because, then, that's just wasting space time -- or space and money for parking spaces that's underutilized and we also don't want to be underparked, because, then, we run up against imposing our parking on our neighbors. The one thing that does kind of benefit, if there is -- if we have underparked a space -- typically it's full at night when other businesses are closing and, then, everybody's getting up, going to work, typically before some of those businesses open up, but we don't like to rely on that. We do not like to impose ourselves on other people. We try to hit it just right. We are where we are providing just enough parking to meet the demands on the property. Hales: Mayor, Council Members, my name is Ryan Hales from Hales Engineering. I will be before you tonight and maybe in the future on a couple more projects that we are working on here in the area. I am a civil engineer by background. I'm a -- I also have an AICP certificate, so I also -- we do planning and engineering. So, we do a lot of transportation masterplans. The question that you asked, Council Member Strader, is a great question. When we look at some of the large facilities that we have worked on -- we just finished Key Arena up in Seattle and doing some traffic analysis up there, sometimes we will look at one way circulation where we -- we are circulating a large amount of traffic in one direction and it becomes a very efficient way to move traffic. Through a project like this we are much better to have traffic moving both directions, just because the -- the parking is 90 degrees and so it's more efficient for traffic moving in and Page 55 Meridian City Council Item#1. November 30,2021 Page 53 of 81 out, but it also creates what we call side friction. I think it's already been noted by Council Woman Perreault? Perreault? Sorry. Is that right? Great comment. When we -- when we look at traffic what we have is that side friction slows the traffic down through a project like this and so if we do have a crash typically those crashes are low impact, low speed and low severity, which is all good and we -- we appreciate that. The question about the amount of traffic going through the project -- typically a two lane road can handle up to about 10,000 ADT. Because we are in a parking lot we are, obviously, a lot lower. You have got a lot more side friction, a lot less things happening. The additional traffic from this project will be somewhat minimal as an addition onto what's already there and we are planning a lot of this traffic mostly to move north-south through the area, except for those left turns that you spoke about. Very astute in your analysis. We have looked at it and we think the traffic will flow fairly well through this project. We know the pinch points are really where we get out to State Highway 55. 1 grew up in the area here and I used to travel a two lane road up to my grandparents cabin up in Cascade. We would get in the car and travel along and I have seen this grow --this whole valley has grown in such great ways, but this --this road is a tremendous road. It's carrying a lot of traffic. We are talking about 40 to about 42 thousand cars a day. That's a lot of traffic. When you look at a five lane road -- a five lane road capacity is somewhere between 30 and 35, thousand ADT. We actually have a lane imbalance on this road. We have three lanes in the northbound direction and two lanes in the southbound direction through this segment. We are handling a lot of traffic, but it is -- it is kind of at its peak. The analysis that we ran was for years 2021 and 2023 and under full build conditions we can handle that traffic. There may be a point in the future where we need to change the timing of the signal in the green phase that is in the westbound direction to clear out the queues to allow left turns to come out. Anybody who is turning left would have to come out the main access of the project and, then, meander over to make a left turn at the light. There are dual left turn lanes in that location, which makes it a lot more efficient and a lot more available to do. There is very few through movements going westbound through the intersection and the right turns move fairly quickly with the light and they can -- they can diminish quickly. That being said, it looks to be a very efficient project getting the traffic in and out and especially with the cross-access easement going to the north. Again, we don't anticipate a lot of traffic cutting through there, but we know there will be some. But, again, with the side friction it will be slow moving. Any other questions, Council Members or Mayor, that I might be able to address? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Is there any anticipation that visitors to the commercial to the south are going to use that backage road to get -- to make a right more quickly? Sometimes that River Valley Street gets backed up, especially during Saturdays and Sundays -- high -- high shopping days times. Hales: Yeah. Great question. We anticipate there will be some cut through going through, but we think it will be minimal, again, because of the parking conditions. When Page 56 Meridian City Council Item#1. November 30,2021 Page 54 of 81 you have a lot of side friction -- and you will see this in a residential neighborhood where you have garbage cans that are put out or cars that are parked on the road, it tends to narrow that travel the way -- and that width down. Because it will be at 26 feet, which is the fire code, we know we have a certain width, but people are concerned about others backing out and it just slows traffic down with that side friction. So, we are hopeful that we won't get a lot of people cutting through. Perreault: Mr. Mayor, follow up? Simison: Council Woman Perreault. Perreault: I was speaking specifically to the backage road, so I didn't anticipate you would have those kinds of impediments that there is -- is there going -- intended to be off-street parking -- or, excuse me, offsite parking on that backage road? Hales: I would consider it on site, because -- Perreault: Is that -- is that a private road that belongs to that site only that's -- that's not for public use? Hales: No. I think it is -- well -- and I can't answer all the questions, but I do believe it to be for public use. But I do believe there is also cars that will be backing out into that. It's not specifically a roadway from what I understand. It will be cutting through the site. Did I represent that correctly? Simison: Sir, if you can get on the mic -- microphone. Whallon: So, Mr. Mayor, Council Woman Perreault, it's -- it will not be in an ACHD roadway, but there will be an access easement from north -- North River Valley Street -- or East River Valley Street to the north where it meets back up to Eagle Road, each property owner conveying cross-access to all patrons and parties -- to all the other properties associated with it. So, everybody is extending a cross-access to everybody else. Perreault: Mr. Mayor, if I may? Simison: Council Woman Perreault. Perreault: We have some other areas of the city where we are just really seeing people cut through neighborhoods, cut through areas that we wouldn't have, especially around Eagle Road and so if that is, indeed, a private road, I would highly recommend that it be -- that there will be signage -- that there be some -- something that specifies, because I don't think people are going to care if it -- who has a cross-access easement, if they see that there is a way to get through it they are going to take it. Page 57 Meridian City Council Item#1. November 30,2021 Page 55 of 81 Whallon: Mr. Mayor, Council Woman Perreault, I think that's a great comment. It's kind of the -- you know, water goes to the path of least resistance and people driving cars do the same thing and if it will benefit both the safety of the people crossing that drive aisle and people using it, I think there are blue signs that you can put up that say it's -- it's private, but we are all extending cross-access to each other, so we all know that our customers and our tenants -- we can all use this road and, hopefully, it's not super inviting for people who don't live or shop in this area for them to be using it. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Thank you, Mr. Mayor, Members of the Council, again, I don't know if this is the Council's concern. I'm glad that the amenity package on phase three will meet the requirements for the site and not borrow from the other sites. That was kind of the conversation the last time. But you used the word retrofit. So, I understand Bach Homes owns all of it, currently one and two and three, and so putting in cross-access, pedestrian pathways, is totally within your control, allowing access back and forth between one and two and three is totally within your control, but nothing in phase one and two's development agreement requires that in the future. All of it is on three saying everybody in one and two can come here and everybody in three can go there, but we need to amend the other development agreements if the Council thinks that amenity offer that you are making is important to the future of this development. You will likely own this together, guess, but you may not. You may not own it all in one piece forever or -- or it may not be one ownership forever. So, I don't know if that matters to the Council. If it does we are going to need to amend one and two. If it doesn't matter to the Council, because your amenity package is adequate for your site, then, we don't have to. But right now it's really just your goodwill as the owner of the entire project to create that connectivity, but there is nothing guaranteeing that for the future for the one and two phase. Whallon: So, Mr. Mayor, Council Members and Mr. Nary respectfully, yes, that is our intent to make this as one unit, to function as one. The clubhouse, all of the amenities that are located within there. Afull gym. They have suntanning booths. That's where the hot tub is and the pool. We want to make sure that people that are in phase three are welcome and can use any of those amenities. So, we intend to extend an easement to phase three that all of the amenities that have been provided in phase one and phase two are available to any tenant for phase three, but phase three is a standalone review through the conditional use permit process. We will meet all of the standards, open space, landscaping, off-street parking and amenities based upon the unit count that we are shooting for and so we are anticipating for this to be as if it's one apartment complex, it's just growing in size. Nary: And, Mr. Mayor, just one follow up. Simison: Mr. Nary. Page 58 Meridian City Council Item#1. November 30,2021 Page 56 of 81 Nary: Mr. Whallon, I certainly have no -- no concern about that and, again, it's not a requirement that I think we -- we have to mandate, what I'm saying is if it matters to the Council that you do what they are saying you are going to do, whether Bach Homes owns this forever or another entity owns this, that this all be one unit, the only way to guarantee that in my head is to amend the existing development agreement for one and two to assure that. That's totally a voluntary decision on your part to bring that forward. But extending that still would require a development agreement -- a modification. I mean you could -- you could do it, but the DA mod has to match that. So, I mean, again, if that's something the Council feels is important you want to commit to, but it's not necessarily required today, it doesn't have to be and the Council is comfortable with you saying we will just follow up with that as a future piece, that's up to them. I just want to bring that up if that was important I just want to make sure that was out there. Because right now I think it's important that you have made that clear that to your attention, I just wanted to button up the legal piece of making it an actual permanent requirement for all of it to be used as one. Whallon: So, Mr. Mayor, Members of the Council and Mr. Nary, I'm not an attorney, but I'm under the impression that the development agreement determines how the property is developed and so phase one has already been developed. So, I'm not sure that we would have to modify the development agreement, but just record an easement on that property conveying to phase three that all amenities located within this property are available to you and record that against phase one, benefiting phase three. Nary: So, again, I don't want to get two hung up on the legal stuff for everybody. Yes, that's correct, you can do that and that will allow it. The only people that can, then, enforce that is the people that live in three and they would, then, have to take a private cause of action to bring that forward. If you amend the development agreement now it becomes an ongoing existing contractual relationship with the city that one and two will always allow three to access its amenities if somehow you had two separate owners or a future owner says I don't like this arrangement, I just want everybody over here to use this piece, right now we can't force them to do it differently. If it's in the DA the city could help and assist saying, no, this is all one. That's what we wanted. That's what they promised. We want it to remain that way. The city, then, has the ability to do that. So, those are the difference between the two. The easement allows it by private agreement. The contractual agreement with the city allows the city to say, no, our intention was that they would all be one thing. Totally if that's what the Council wants that would be the way we would have to achieve it. Whallon: Respectfully understood. Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Mr. Nary, question in that regard. So, the applicant is proposing that the existing DAs go away; right? And, then, a new DA is -- is -- is written. So, then, if one Page 59 Meridian City Council Item#1. November 30,2021 Page 57 of 81 and two goes away -- or the original DA or the two -- I don't know if there was one or two originally. If those go away, then, would there still be a need to modify them or would that not just become a requirement in the DA that's replacing the original? Nary: So, Mr. Mayor, Member of the Council, Council Member Perreault, the DAs that we are asking to be removed are the ones for the parcels on the west, not the parcels of River Valley one and two. The one that was a commercial development and storage. So, it's those two that they are asking. What I'm saying is I don't -- if the Council's desire is to move forward with this project you don't have to hold it up by saying you won't move this forward until they bring a DA mod on one and two of River Valley, but if they are going to make a commitment they will do that and you are comfortable with that commitment that they are going to do that within the next period of time, that's up to you. Or if you want to make a condition in the DA for this to say before the final CO of the final product they will bring forward a DA modification for River Valley one and two. But whatever trigger you want to make that's within your purview, if that's your desire. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Love that. It makes perfect sense to me if that's your intention I think that I personally, as one of -- one of the folks up here would definitely want that. I have a question for Sonya. I wish there was a way to kick this to Planning and Zoning and follow the CUP process to have it come before us for final approval. Is there a way we could do that? Maybe a question for Planning and Legal. Allen: Mr. Mayor, Council Woman Strader, there is no way as -- as code is currently written, no. Perreault: Mr. Mayor? Simison: Council Woman Strader -- Perreault. Perreault: Yeah, I start getting a little bit loopy at this time of night. Has the conditional use permit already been -- application already been submitted? Whallon: Yes, ma'am, it has. Perreault: Has a hearing date been set? Whallon: They are waiting for this process to end before they will put it on the schedule. Perreault: Okay. So, this -- it does have to go in an order of this happening before the CUP goes before the Planning and Zoning Commission? Okay. Page 60 Meridian City Council Item#1. November 30,2021 Page 58 of 81 Simison: Can I back up with the transportation elements and its -- I was not here when this was -- I was not here when this first came through, but I don't know if this has been discussed, but Deputy Chief, I'm -- how was the fire department planning on accessing this facility generally as you see it? Bongiorno: Well, Mr. Mayor and Council, I mean as it sits our only access is that access off River Valley. So, we either have to go around and north or the other reason why we require two accesses is for that-- is that cross-access from phase one to phase three, we need that also if the other access is going to be there. I mean it's going to be hard to get to period. To answer your question. We can get there, but it's going to be a tough route. Simison: And in what time frame? Have you mapped this one on the response? Because if it's a ladder truck required, it's got to come from Station 1 -- Bongiorno: Correct. Simison: -- coming down -- and I'm guessing we are well outside of a five minute response with a ladder truck to this location -- I didn't want to use the -- circuitous or -- a circuitous route you are going to have to take in order to serve, because -- Bongiorno: Yeah. Simison: -- you have got to go down past the Great Wall and come back through that space or you got to come up Records and take a left on East River Valley or a right in because of the challenges that otherwise exist. Bongiorno: Correct. Yeah. I'm pulling up the map. So, that piece of property falls -- real quick. Yes. That piece of property does fall within our five minute area. Simison: For Station 1? Bongiorno: For Station 1, yeah. So, it's just that -- it's going to be an odd shot like -- like you had mentioned to get there. We are going to have to go all the way past, circle back around, once that road -- that backage road is built, but in the interim the only access is to circle all the way through and go through the existing complex to get in there. That's going to be the quickest way, because you can't get that ladder truck to do a U-turn in the middle of East River Valley Street, plus they have curbing up that won't allow it anyway. So, it's going to be a challenge for an engine or a water truck period. Simison: And that's -- you know, we can all be our own traffic engineers, but I think long term the -- the primary access for this facility is to the north of the Great Wall. Bongiorno: I agree. Simison: That's where people are going to enter from. So, even the conversations about this -- you know, when I was looking at this and I'm seeing parking on both sides of what Page 61 Meridian City Council Item#1. November 30,2021 Page 59 of 81 is, essentially, the road and the conversation about there being -- you know, you are -- with the Great Wall's current location's access going away, you are creating the backage road. It's not a private -- through a residential area 26 foot full access, it is the access for other businesses, whether we like it or not. Bongiorno: Yes. Simison: And so when I -- at least when I look at the design with this -- I see a traffic challenge occurring for everybody through this, that's -- I don't -- that doesn't help anything, I just think it exists. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. And question. You sat here through our previous hearing and dealt with cross-access and those types of things. You know, when I look at this and you see the amount of traffic -- and you are absolutely right from a traffic perspective friction does slow things down. I mean it can be useful and sometimes we forget that, because residents -- we had one over here by St. Luke's where residents -- no more traffic, no -- the parking on the side streets is causing us to slow people -- you know, it's too much, but yet it slows down and they wanted slower traffic, so -- but how -- help me understand how this is not a similar situation where you have a lot of activity and yet this is going to be the focal point for people to get to another business and when this eventually goes through and connects and there is going to be other areas that it won't be a cut-through area in a way that can -- can this remain safe designed as is. Like I said in the earlier hearing, I'm more used to the cross-access -- access agreements that are private and they are set aside for that function and with limited points to these different -- in most cases commercial. So, is that something that's doable or is that something that's completely out of the question? I know you have got five stories, you need adequate parking, but is there a way to get there? Whallon: So, Mr. Chair -- Chair, Council Member Hoaglun, I would just offer that a residential use generates less traffic than a commercial use and so -- and they are kind of focused, they get up and leave primarily in the morning and don't return until the afternoon, whereas if this was commercial in use there would be people coming on and off the property all day long in higher numbers. But I do think that with -- with careful striping and articulation or different use of materials, those will help calm traffic, slow them down a little bit, which provides a benefit. It might frustrate drivers a little bit, but the slower the speeds are the safer that that development and drive aisle can be. I don't know if you want to add anything to that. Hales: You know, the only thing that I would add to that is as you look at the access point, the Great Wall, their access is probably going to come primarily from the north. People will pass by on Highway 55, they will see the Great Wall and they will turn through that north access to come back and so what we are hopeful is that we don't have people really Page 62 Meridian City Council Item#1. November 30,2021 Page 60 of 81 trying to cut through the entire site to navigate to it. What we talk about is we talk about destination retail. You know, a destination commercial of some type and this will become more of a destination site, especially with that right-in, right-out that--the temporary right- in, right-out removed, it will become more destination based. So, again, people will most likely come from the north, access that area through the apartments. Will still have some coming from the north and around and we will have some coming from the south as well. So, I agree. I understand your question. Your question being it could be a -- its entirely its own road and just be a backage road itself. Unfortunately, the site doesn't permit that with the -- the width of the site. Good question. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just to follow up. Yeah. And your points are good and I think it's a death nail for whatever business goes into the Great Wall, it just makes it so difficult. How do you tell people how to get there. Oh, go through this parking lot of the apartment complex and, then, you are going to turn -- and that's fine. We don't know what's going to happen to the north. I mean, again, from our discussion from earlier tonight, you know, what's going to happen, what does it look like, what are the access points? Is that going to be commercial? Is that going to be apartments? We don't know what. I would like to know, because that would help determine, because I think you are right, that will just become more of a local point for people to go through and I do like the fact you have Records Avenue, that gives you access to Ustick Road, it gives you access to Fairview, you can go right or left, there is a light, you know, so there are some good points about this that open up options for people when -- when they travel, it's just that particular road there -- and I didn't know -- I noticed you had parking slots to the right, if -- if that road could be slid over a bit and keep the parking on the left side to kind of create some separation, but -- I don't know. It's -- it's just a struggle to -- to make sure this is all going to work and -- and again -- and I don't have a problem with the apartments on Eagle Road. I -- you know, they will fit there and people who want to be there will rent those and so that's -- that's not my issue. It's more just how will that flow work and is it going to be something that's going to be a major issue later on, but, anyway, appreciate the -- the answers that you gave. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Maybe we could chat about the schools, too, if that's possible to get into that. So, that definitely has been an issue -- consistent issue in Meridian, consistent issue from the last time you were before us. Centennial is over populated right now. I think it's like 107 percent of capacity. You talked a little bit about your timeline. Have you chatted with the schools and how this would work with your phasing and when you think this project would be delivered? Page 63 Meridian City Council Item#1. November 30,2021 Page 61 of 81 Whallon: So, Council Chair Simison, Council Woman Strader, I had not reached out to West Ada School District. I think the number of students they said would be coming from phase three were at 14 and I -- I'm not sure that that number is true high or low. They are the professionals in that regard. But I do know that we are looking for this phase to be angled or marketed towards the young professional that's going to, you know, be -- want to be out there on the street, see the activity and they are primarily studio and one bedroom units and so we are not creating too many opportunities for too many students to be generated, but I do know that a lot of people when they make a decision on where they are going to want to live, it's either because of the school district they want to be in or because it's close to work and if those are the two factors that are determining where somebody is going to live and they are looking at this apartment complex, then, if they can't get into this apartment complex they are probably not going too far away from it. So, those 14 students are still going to be within the West Ada County School District. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. And, thanks, I appreciate that. I'm -- I don't know. We have received a lot of different information from the school district lately, so I have a hard time with this formula and everything, but maybe walk me through your unit count and the mixture of how many studios, how many one bedroom, and how many -- really, how many two bedroom are we talking about? I agree that your amenities -- it seems like what you are planning right now is really geared toward young professionals or, you know, empty nesters and so forth, but if you can walk me through the unit mix that you are planning on. Whallon: So, Mayor Simison, Council Woman Strader, I don't have the final count. The architects are still working on the floor plans trying to figure out exactly what it is that they are going to submit through the construction drawing process, but I'm told of the 134 units approximately 40 of them will be two bedrooms and, then, the rest will be evenly divided between studio and one bedroom. Strader: Thanks. That's helpful. Perreault: Mr. Mayor? Simison: Just real quick, can we see if there is anybody -- are we ready to hear from -- if there is anybody else that wants to testify or are we still -- Perreault: I have got one question. Simison: Okay. Council Woman Perreault. Perreault: Thank you. Did you -- so, when the notices were sent out for these hearings they only went to property owners, which means that the city did not require you to notify Page 64 Meridian City Council Item#1. November 30,2021 Page 62 of 81 any residents that are living in the first two phases. Did you voluntarily do that on your own? Were they invited to ask questions, have discussions and, in addition to that, did you talk with a property management company and get information regarding how many children are -- oftentimes with leases you will list the number of people in your unit and how many -- how their ages are. Maybe their leases aren't requiring them to do that, but that's common. Did you look into any of that information to help determine how many children might be living in those units? How many are currently in phase one and phase two? Are people only parking to the -- I mean I have parked in there in different times of day and night and it's packed. It's packed. Did you use any of that data that you have from the first phases to help determine what's going to happen in the third phase? Whallon: So, Mr. Mayor, Council Woman Perreault, as to the pre-planning events that happened before we submitted our application I can't speak to. When I was before the Council on October 19th that was my sixth day of employment with Bach Homes. So, I came in somewhat -- the ship had already sailed to an extent. But I know that Bach Homes out of Draper, Utah -- I live in Boise. I have lived here for the last 17 years. But Bach Homes, they are home, townhomes and apartment builders. That's what they do. And they learn through the process and so they have kiddie pools, the -- the smaller wading pool and those kinds of amenities associated with phase one and phase two and they have provided them for enough --for the child count that's there, they have got plenty of outdoor play opportunities for them. In this instance the phase three, they are really targeting it towards the young professionals and they are making the amenity package compliment that. So, it's -- they are really looking for two different audiences or capturing all of the audience's that may be out there, whether they are more interested in phase one or phase three, depending upon what lifestyle they want to choose. So, they are -- they are not looking to replicate what they did in phase one in phase three. They are looking to do something different. So, the child count in phase one and two is not what they are after in phase three. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I get that, but they -- if -- if somebody -- I understand that, but anybody can rent it. They can't--they can't not let someone rent it because they are targeting a certain audience, so I think you have to prepare for -- for it anyway no matter who they market it to. And I'm sorry they throw you into the deep end of the pool a week being into -- but I would hope, though, that they would be utilizing the information that they have in the first two phases to benefit the -- the acceptance or approval of this and I'm surprised that they aren't, you know, using that information or that you don't have access to that information to help do that. Whallon: So, Mayor Simison, Council Woman Perreault, I'm not saying that they don't. They have got two architects on the -- on the staff that are continually updating the plans and are drafting the floor plans as directed by the company owners and so I'm not saying that they haven't taken that into account and that they are -- they haven't learned or know Page 65 Meridian City Council Item#1. November 30,2021 Page 63 of 81 exactly how they want to build phase three and the unit mix and the amenity package. Those are all things that the owners are taking into consideration before they make this type of an investment in the community and they want to make sure that what they are doing is not duplicating, replicating or redundancy, they want something fresh, they want any -- all -- all audiences to be entertained on the site and so I think that they -- I can't speak to it, unfortunately, in the -- in the terms that you want, but I know that they have got two architects on the staff that are continually updating and making sure that the investment that we are looking to make in this property is not only a good investment today, but ten, 15 and 25 years down the road. Simison: So, with that let's see if we have any public testimony. We may not, we may get right back into all these questions, but, Madam Clerk, do we have anyone signed up provide testimony on this item? Weatherly: Mr. Mayor, we had one sign in and it's JoAnn Butler online. Simison: Okay. We will go ahead and hear from JoAnn. If there is anybody else online that would like to provide testimony on this item, please, use the raise your hand feature, so we can bring you in the conversation. Butler: Thank you, Mr. Mayor. Can you hear me? Simison: We can. State your name and address for the record. Butler: Sure. JoAnn Butler. 967 East Parkcenter Boulevard in Boise representing the owner of the property that is called the Great Wall property. I apologize for not appearing with you or on screen, but think of me as looking very much like Councilman Borton with a hoodie and the Kleenex next to me, just without the beard. So, let me take -- bear with me if I take more than three minutes, but I'm going to answer a lot of questions that I think were raised by some of the Council Members. I'm going to focus only on our concerns with condition number four, which is found on page nine of your staff report and we have a suggestion for a change and thank you, Sonya, for leaving that particular map up showing the drive aisle that people call a backage road, but it is a drive aisle through private property. As it goes north over the South Slough it will continue going north to the commercial property to be developed there and it will also go east to the residential property that will look somewhat similar to what the part of the -- the existing apartments look like. Perry Coles purchased the Great Wall restaurant just a few weeks ago and after reviewing the various development agreements and issues and talking with staff and with Mr. Whallon, which we really appreciated and the neighbors to the north, we brought up this idea of an emergency access only between the Great Wall property and the northern boundary of what is the Regency phase three, because of the change in land use going from commercial to residential and because of the fact that the road is going to be built to the north. We appreciated having those discussions and we want to say that historically there has been, you know, the -- the stage has been set. The master development agreement governing the properties in this area requires backage access roughly parallel to Eagle Road serving properties that front -- properties that front Eagle Page 66 Meridian City Council Item#1. November 30,2021 Page 64 of 81 Road and Meridian Code limits access in the vicinity of Eagle Road and strives -- strives for backage for properties that front Eagle Road. But we have a large concern with that development agreement condition number four, because this condition appears to premature -- prematurely determine the scope of the cross-access, especially by providing backage access to property that doesn't front Eagle Road. Condition four calls for cross-access to provide -- be provided across our client's private property to allow traffic to come from not only Regency phase three, which is 134 apartments, but also from Regency phases one and two, which don't front Eagle Road, with I believe almost 300 apartments. I'm not sure that this is either appropriate or perhaps even illegal to send all that traffic through the private property. As Sonya said, we understand that the devil is in the details and it typically comes out in the conditional use applications, but we would like to try to see if we can make a demarcation of emergency access, so that traffic from the Great Wall going north goes -- it continues, you know, serving the property north of the North Slough and that the backage access goes -- continues going south for phase three. As one of the Council Members just mentioned, this does look like the death nail to the Great Wall property and several Council Members have speculated how is this even going to work. Do you need to stripe it? Do you need to sign it? How -- you know. And that's -- that's a lot of traffic going north. So, we think that what should be done -- it should not be done today with this condition number four, which says that there will be cross-access, taking all phases one and two through our client's property, but wait until the -- not with the DA mod, but wait until the conditional use project comes forward and more in formation is known about the traffic, the traffic flow -- perhaps we can avoid a situation like we found in the project that was before you immediately before this one. So, I -- best of all possible worlds for us would be to have an emergency access only at that point where phase three and the Great Wall property meets. Appreciate the fire chief's comments on needing that emergency access and I would -- I guess we would suggest if you go forward with this that we have a change to condition number four, so it reads something along these lines: That the scope of a cross-access agreement for the properties, including Regency phase three, and the properties immediately north and south, shall be identified during the Bach Homes conditional use permit hearing. That will also allow our client the time it needs to perfect its conditional use application that it must make and work further with the folks at Bach Homes and we can also, then, bring more information to you about the schedule of construction as we go north. So, I -- I really appreciate if you have any questions of us, but we -- we just definitely don't think that other -- we are sorry that it's not going to be commercial and it's become residential and that much more traffic will be sent through our client's property and we don't think it's appropriate to send phases one and two through that property and -- but, you know what, we don't have all the information today. We don't have that traffic circulation and those numbers. So, I guess I'm saying that we should at the very least kick the can down the road to address it when that information is known at the conditional use hearing. Thank you. And I will be happy to answer any questions. Simison: Council, any questions? Hoaglun: Mr. Mayor? Page 67 Meridian City Council Item#1. November 30,2021 Page 65 of 81 Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor and JoAnn, thank you for your comments. I was just happening to be looking on Google Earth before you spoke and I was looking to the -- the properties to the north where the grocery store used to be and where Chili's is and Five Guys and -- and, you know, they -- they have created a specific drive aisles and -- out of parking lots. I mean it's -- it's various distinct, they are separate, but it allows that access and it looked like to me -- and I had in my head all along that it would be like, well, that's kind of what I expect all coming down to the south and that matching up someday and I don't know what's going to go in that property that's just to the north of the Great WalI, but I can see that, someone's -- you know, former Trader Joe's -- I can't remember what's there now -- coming down and saying, hey, we want to go to this establishment and can come down there to that and I'm intrigued by your idea and, then, at that point that's the last commercial or retail or whatever the Great Wall turns into, because, then, it turns into residential. Yes, you have Mattress Firm there at the corner, but that's kind of on an island by itself and it kind of fixes my concerns about the amount of traffic and how that goes through and it was my comment about it being a death nail for that retail -- for the restaurant there with that type of-- type of structure or parking access -- I'm sorry -- drive access to --to the Great Wall. Do you know what any-- anything more about the property to the north of the Great Wall and how that's going to develop and is it feasible -- and maybe you know somebody can't say, that's fine, but is it feasible to have that type of drive aisle coming down from Five Guys behind there and continuing on that would access to the -- to the Great Wall? Butler: I can tell you what I do know from talking to GGI, the folks that own the property to the north, they are in the process of extending the -- the -- the south slough there and that would access the Great Wall and that they will continue going north and they will have very similar-- it looks -- their concept plans look very similar to what you see before you on that--on the page right there where you have got commercial fronting along Eagle Road and residential to the east along Records Avenue and so that is what they were planning and what we have been talking about with them is, you know, that that will allow access from Eagle Road into their property and, then, going south to the Great Wall property. Does that answer your question? Hoaglun: Yes, it does. Thank you, JoAnn. Butler: Okay. Strader: Mr. Mayor? Simison: Council -- Council Woman Strader. Strader: Just a question for staff. I -- I really wish that we could see all of these applications come at the same time, see how this would work, really like flush this out. Give this applicant a chance to work with the folks that purchased Great Wall. Is -- is there a way to continue this or run this concurrently with that application? I'm just trying Page 68 Meridian City Council Item#1. November 30,2021 Page 66 of 81 to brainstorm. Is there a way to -- to take that sort of an approach, because it's like we need a holistic solution for this part of the city. Allen: Mr. Mayor, Council Woman Strader -- correct me if I'm wrong, Mr. Nary, but as current code reads Chapter Five, Title 11, calls out the procedure for conditional use permit and development agreement modification applications. They both only require public hearings, development agreement modification before Council, and the conditional use permit before Commission. If you wish for a code change to be put into process or conditional use permits to be run concurrently with DA modifications when applicable, we can certainly look at that, but as is I don't think we can change our process outside of our code requirements. Strader: Okay. Let me just interrupt. Oh, go ahead, Mr. Nary. Nary: Mr. Mayor, Members of the Council, Council Member Strader, what I was going to say is -- I mean the reason they don't work in parallel is because they can't. I mean right now the reason the DA mod has to be a decision point prior to CUP is because they can't consider the CUP if you're not going to allow them to do it anyway. So, until you allow this use to change and be this new use, there is no CUP to consider. So, that's one problem with the CUP DA mod being congruent. If it's a different application that's being heard for -- for the Great Wall piece or the east-north of that -- well, again, that's a completely different application process that's going to go through the neighborhood meeting, you know, P&Z, Council approval -- I mean those -- there really isn't a method in our code to make them all sequentially unless it's one big project and that, again, doesn't have very much. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yep. Get what you are saying. Maybe just -- I will cut to the chase where I'm at. I'm not comfortable moving forward right now. I just don't feel like I have enough information about how this is going to come together. I would prefer -- like I definitely don't want storage here. Like in the grand scheme of things I would much prefer to see -- ultimately to see a nice residential development here. I think that would look great. But -- or retail. But I -- I think it works. If what they have right now is not viable, but the issue I have is -- I just don't see how this is flushed out with the access and I don't think it's appropriate to approve this now when this is our only bite at the apple. I would prefer to continue this for several months, if needed, to give you guys a chance to work with the owners of the Great Wall and I would like to see that property come before us first. That's just me. Hoaglun: Mr. Mayor? Simison: We are -- we have someone -- do we have questions for the person testifying? Otherwise, I'm going to go to the next person who is testifying to make sure we get them Page 69 Meridian City Council Item#1. November 30,2021 Page 67 of 81 through, because we are still going to have a long conversation. So, is there a question for JoAnn at this point in time from Council? Okay. We do have another person who has signed up to testify. So, we will recognize Alex Dahl for three minutes. If you would state your name and address for the record. Dahl: Hello, Mr. Mayor and Members of the Council. My name is Alex Dahl. I am the architect of the project. I work for Bach Homes and I live in South Jordan, Utah. 12348 South Little Sahara Drive. And I just wanted to kind of point out some of the things that are written in the staff analysis as to what we are trying to accomplish I guess with this particular conditional -- or this development agreement modification and what the staff has recommended approval for this development agreement modification because the future land use map has indicated that they have desire for high density residential in this area and that the vicinity to the commercial and retail restaurants to the south and, then, also the Kleiner Park and senior center to the southeast indicate that this would be considered one of the desired uses for this particular parcel and that as we continue to develop our plans -- this is currently in conceptual design. We haven't really flushed out any of the details. We are hoping to get a development agreement modification done so that as we move through the conditional use permit application that we might be able to develop this plan further, so that we can meet all code standards and all zoning standards put into place for this parcel. Considering the cross-access agreements that are in place on this site, we are doing our best to be able to adhere to those cross-access agreements and allowing for that backage road to go from the south to the north connecting East River Valley Street all the way up through to the additional retail and commercial properties to the north. As far as some of the other concerns we -- we just want to make sure that everybody is aware that as Bach Homes we are planning to continue to develop this further with the help of the planning and -- the planning department to be able to meet all code requirements and to adhere to the zoning requirements for this particular site. So, if you have any questions for me, please, go ahead and -- Simison: Council, any questions? Okay. Council Woman Perreault. Perreault: My apologies. I don't have a question for Mr. Dahl, but JoAnn had her hand raised and, then, I'm not -- Simison: I think it was just raised because -- from the original time. Perreault: Oh. Okay. Thank you. Simison: So -- seeing -- seeing no one else wishing to testify, would the applicant like to come forward for any final comments? Whallon: So, Mayor Simison, Members of the City Council, I really do appreciate the dialogue, the questions, the detailed elements of the plan that you want to know about, because it's important, it's a part of the community, and once it's built it's going to be there for 25, 30 years. It needs to work from day one and 30 years down the road. So, I just want to say that Bach Homes has looked very diligently at making this a productive -- not Page 70 Meridian City Council Item#1. November 30,2021 Page 68 of 81 -- not a vacant piece of land, but a productive piece of land. They did look at different commercial uses, commercial retail, speculative retail, then, they looked at the storage units and then --then the plan as the thought-- as the acquisition of land grew the thought that a third phase of the Regency, which has been a very successful project for them, it started to make more sense. I appreciated Ms. Butler's comments. We had several phone conversations talking about the type of development that would happen, the timelines in which that would happen, and, then, we just -- we felt that the backage road was something that, you know, really was important, but at this point if -- if making that just an emergency service vehicle access only, in speaking with our traffic consultant we still would be above level of service standards required on East River Valley Street, so it will still function and so we could lessen -- reduce the impact on that new property owner to the north that will be taking over the Great Wall property and they can go in their direction with the backage road and get their functionality out of it. We can have a backage road on our side and there is connectivity for an emergency service vehicle in that instance that they would be able to go north to south or south to north. We can make that concession today. But aside from that the specific floor plans, the materials that we will use for the surfaces, you know, all of those are still being worked on by our architectural team in plans for that conditional use permit and they have to get this development agreement modification in place first before the city's planning department will allow us to move forward with that conditional use permit. So, I know you have a lot of questions still and we did try, honestly, as hard as we could to hear what your comments were on October 19th and respond to them in a way that made the project more clear. It sounds like we still have some questions, but I think that a lot of those questions are really the questions that staff scrutinizes during their review of the conditional use permit process, whether this development agreement was in place ten years ago or we are modifying it and putting a new one in place today, their review for a conditional use permit for a multi-family housing project and this zoning designation is going to be the same review. So, you know, this is -- that's -- that's their opportunity to look at the development standards and look at our plans and make sure that we are meeting all of those requirements and so -- so, I'm standing before you today to consider removing the development agreements on the two existing parcels that face on North Eagle Road, replace it with the development agreement that Sonya has proposed, page nine of the staff report, and allow us to move forward through the conditional use permit process where staff has the opportunity-- allows us to really truly cultivate the plans for that review by staff through the conditional use permit process. Simison: Thank you. So, I didn't have the benefit, again, of the first meeting and just to help me understand, even based on what we have heard -- so, every single parcel on this mile is going to be retail commercial, except for these two, and so my question from what we are -- tell me why these two won't work as retail commercial? Is it that they won't work or you prefer them not to work? And, again, you are talking about -- you said 30 years. We are really making 75 to 100 year decisions here. Is it that these two won't work tomorrow for commercial or they won't work in three years for commercial when everything else on this entire stretch of road has been built out as commercial and these two parcels need to be the outliers. Can you at least explain to me why that needs to be the case? Is it need or preferred? Page 71 Meridian City Council Item#1. November 30,2021 Page 69 of 81 Whallon: So, Mayor Simison, as I was told they had these parcels on the market for a long time. Went through the process to get the development agreements put in place through the city and those -- those were years apart in getting those approvals. Then they went out to market trying to do long-term leases or sale and they couldn't get anybody to close on the property and the comments that they got back was it was access. That was the limitation. And so that's when they decided that they had to take another look at what they were going to propose for this property and that's when they decided, hey, it's big enough for another phase of the Regency. So, I think that -- and as Mr. Dahl stated and which was in Sonya's staff report, the future land use map of the Comprehensive Plan does say North Eagle Road or these arterials are a suitable place for high density residential. Simison: I understand that component. I -- I guess the point -- we understand that this -- this -- these two parcels have been a challenge for years because of not knowing what was going to happen with two other areas, but kind of going back to Council Woman Strader's point, now that you are trying to get more clarity on the access issues, both for the Great Wall and for the additional parcels, do those access issues still exist? And if so, is it because of the East Valley left in not -- is that the issue? Because that to me would be the only thing that I could identify as a potential reason why commercial would not be suitable once you have the parcel to the north come in for application and you, essentially, create the frontage road from Ustick down to East River Valley, you know, so it's -- whether or not Council thinks commercial or residential is appropriate I think is one question, but I'm -- I'm just -- personally I'm not convinced that commercial is not a long- term best viable option in this, because -- in other words, what we are essentially saying this, yeah, except for we -- we really want you to get back out on Eagle Road or go down through Records and come up through one of the other residential areas to get access to the other commercial in that area. If we are putting bollards in to prevent north-south movements what makes it okay to not allow north-south through multi-family, but we are going to allow east-west through other residential areas, which I have driven through those areas when I leave Five Guys and hop on Records to get out. That's how I go through is other people's homes, because that's what you do in a lot of ways. So, some of this is not meant to be responded to. You have answered the question I think to the best of your ability. So, I will leave it at that, more for up here's consideration as they think about next steps. I'm sure you are not going to get out that easy. I'm sure there is more questions coming, so I wouldn't go very far. Perreault: Mr. Mayor? Bernt: Mr. Mayor? Simison: Go to Councilman Bernt. Bernt: I am listening and I know I haven't spoke very much this evening, but I'm just sitting here in my office at my home and enjoying the dialogue. So, I appreciate what's been said. I appreciate what's been said by the applicant's presentation and by the dialogue from my fellow Council Members. I don't -- I don't mean to bring levity to tonight's public Page 72 Meridian City Council Item#1. November 30,2021 Page 70 of 81 hearing, but anytime Mr. Nary speaks as much as he does, you know, in a land use application causes me for concern and I completely agree with -- with the Mayor. This -- this application just is just too complicated. It's -- there is -- there is a lot of moving parts that don't make quite -- this doesn't make enough sense for me to be able to vote in favor of it. I do not support continuing this for any amount of time tonight. I believe we need to make a decision. We have already continued to once and with that--with that said I won't be in favor. Simison: Council Woman Perreault. Perreault: Mr. Mayor. Believe it or not I don't have anymore questions for the applicant. No. I have the exact same -- exact same thing that you just -- that you just shared. This is foregoing just an area where commercial -- commercial is really intended. That -- I mean that's -- that's what is existing in this area and foregoing that I really think that it needs to be taken seriously and I think we are taking it seriously to the extent that it needs to be and, you know, a couple of us have asked how long the --the applicant has marketed that property, not because we are under the assumption the applicant hasn't tried. Obviously they are -- they are trying to make a profit and that's what they do, but we have had applicants come before us that have tried to market properties for 20 years that have not been able to. So, for us, understanding the time frame and the process by which the applicant has really gone to lengths to -- to -- to use the property as is currently approved, it's helpful for us to understand that, because, really, we are being asked to -- what we believe exchange the -- the primary and highest use for this for something that is that -- it's not that residential isn't a high use, it's just about placement: right? And so we are we are asking so many questions because this is really critical and I still don't feel like we really truly have an answer on any details -- any specific details on what the applicant has done to try to fulfill the DAs as they currently are in terms of-- I guess, okay, they have -- they have -- they have attempted to do so. There is, obviously, access issues and there is, obviously, access issues whether it's residential or it's commercial. So, I don't feel like putting residential in here solves the access issues. It creates different ones, but they are still there and -- and that's all I had to share. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I think 1, yeah, kind of said my piece earlier. I -- for me I just -- I don't think it's there yet. I -- the door is not shut with me. I don't think that it's inconceivable, but that -- you guys could figure out a way. I think the right way to go about doing this to really make it work and at least to satisfy all my questions would be to work with the new owners of the Great Wall, figure out the access, figure out this backage road, how it's going to work. I'm actually of the opinion -- like I hate the idea of just closing it and just making emergency access. I think the answer in this situation is more connectivity and more outlets for traffic and not less, but I would just need to see that flushed out more. So, I hate to -- I don't love the idea of totally shutting the door on it. I don't also love continuing things for a long time period. So, I get where Council Member -- Council President Bernt is coming from. Page 73 Meridian City Council Item#1. November 30,2021 Page 71 of 81 Yeah. I mean my -- you know, again, a lot of detailed questions, but there is a good reason for that, because it's not going to come back before us. You know, I -- I get some of my fellow Council Members' points about, you know, ultimately we have zoned this a certain way for a reason. You know, at the same time, you know, I kind of question is, you know, storage really like what I would love to see there; right? Like another giant storage facility -- like the highest use of this property in Meridian; right? Like -- or just a drive-through restaurant? Like that's not -- like this could be beautiful. I mean I think you are -- I like what you are doing with it. I think you are orienting it toward young professionals. I think there is a need for that type of housing. I could definitely see this working, but it would have to be a lot more flushed out with the access and I think it would have to -- there is -- it's just too complicated with the amount going on in this area of the city. I think there is an order you have to go in. I think the Great Wall and you guys need to work together. They would need to go first. We get through that plan, you know, together and if it -- if it was all coordinated there is a way to do that, but -- yeah. I mean I will kind of-- you know, I would defer to the applicant what they want -- if they want an up or down vote I would vote no tonight. If it was keeping it open to flush it out more with, you know, other property owners in the area I would definitely be open to that. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Along those lines of Council Woman Strader, you know, I agree with her comments, you know, storage, really? And -- and it's a nice storage. Very nice storage. Yeah. But, you know, this is -- this is mixed use regional and, you know, housing is encouraged. Staff is recommending approval, because of the --for--for the development agreement modification and my question for staff, for legal, I guess, is, you know, Ms. Butler, you know, talked about in the DA provisions on page nine of the staff report, item six, number four, about the cross-access easement and proposed some other language. That may work, but I don't know. But we can't get to that point unless we do this step here, but what I -- what I need to know from -- from staff is the fact that can you get somewhere if we take that next step, go to the CUP, or is it still going to swirl? Is that -- is the cross-access the issues that we have been talking about -- because I am -- I am intrigued by that proposal. If that's going to be residential and you have that access to and from East River Valley and through the -- their other phases that might work. But, then, it's not true cross-access, but a lot of places do have gaps where it's not continued. You would have the commercial portion coming all the way from Ustick Road down to Great Wall and that's quite a stretch, so -- but I don't know if that's the appropriate place to consider things like that, item number four, in the -- in the conditional use process, Sonya or Bill. I would like your thoughts on that. Allen: Mr. Mayor, Councilman Hoaglun, I believe it's appropriate to consider as part of the conditional use permit -- permit process. Mr. Nary, do you have any other thoughts? Nary: I mean I agree. I mean part of it is going to have to be handled through the conditional use process once we get to the use that you are comfortable allowing. What Page 74 Meridian City Council Item#1. November 30,2021 Page 72 of 81 I'm hearing -- and, again, this is a modification of the development agreement, so this is entitled property. They have a DAwith conditions to build a commercial unit there, storage and commercial with a drive-through. So, what I'm hearing the Council say, if -- if the direction this Council would like to go is to deny this request, it -- what I heard was, one, that the Council wasn't convinced that this isn't a viable property for commercial use -- not a residential commercial use, but a pure commercial use. The adequacy of access has not been flushed out with the property to the north and that the access to River Valley and out to Eagle Road through the northern property hasn't been defined well enough at this point, that there is limitations, that the alternative that was proposed as a potential of emergency access only was actually less desired, because it limits the access, but because these are drive aisles and not -- not necessarily backage roads, it's, again, not flushed out on how that will be functioned, how that will be used, how that will be used for parking, access, uses within both this property, as well as both to the north and the south. Those are all the variety of things I have heard that were concerns that can't seem to be addressed through this application or through the testimony you have heard in both hearings. So, if that's the case, then, that would need to be part of your motion, that that's why you are -- would be denying this project, because all of those things have not been satisfied to you versus -- as you know, I just want to avoid us saying we just don't like it. You don't like it for those reasons is what I heard and if there is others, then, certainly you should probably include them. But those are the primary ones I heard. Because, you are right, I don't think we can solve some of these things -- some of it just by our code until we do a revisit, if that's what you would like to do. It is going to be a CUP, not part of a DA modification. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just to follow up with a question to Mr. Nary. However, it doesn't get to a point you raised that I think is -- is relevant is the DA modification of phase one and two. Nary: Yes. Hoaglun: And is that something that can be addressed at the CUP level or is that a completely separate process? Nary: So, Mr. Mayor, Members of the Council, Council Member Hoaglun, no, that would not be a CUP process. So, what the applicant proposed was -- was committing to an easement to allow -- since they own the property they can grant an easement, which is true. As I stated before, that only grants an individual person's right to access. So, they would have to enforce that on their own. If the desire is to create a joint unit that has free access between all the phases of the development, then, it would be required to amend the development agreement for River Valley one and two. If the Council wanted to put a condition in this development agreement that says prior to final CO -- and we would have to determine what that point would be -- an application -- or they will have completed a DA modification of River Valley one and two before final CO can be issued, that would be Page 75 Meridian City Council Item#1. November 30,2021 Page 73 of 81 your way to at least guard that particular piece. The other one, though, again, I don't think the DA is the tool. I think you are right, if those concerns exist this is too early. It's premature, because it isn't worked out with the other adjacent property owners and -- and, frankly, the road isn't there. I mean it doesn't exist yet and it won't, but it's not even planned yet for north of this piece. So, right now it will stop at the -- at the Great Wall piece today. So, I mean those conditions can't be satisfied through this. Simison: So, for those scoring at home, looking for either a motion to close the public hearing or a motion to continue. Either one will do. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I agree with Council Woman Strader. I'm not at the comfort level to -- to approve this this evening, but I -- I also don't believe we should completely close -- that we should completely deny the application. What that looks like as far as continuing -- if we need to hear from the applicant, but I really want to make sure that we give them some direct guidance and/or at least hear from them that they understand the concerns and potential process they are going to take to solve this. Whallon: Mayor Simison, Council Woman Perreault, I hear you very clearly and I'm very grateful that you are willing to consider our ability to meet your desire to understand fully what the -- what the project will be like and so we have homework to go back and look at our drive aisles. What are our widths in the existing? How have we done with the children? Have there been any incidents with the children there? Have we provided enough play area? You know, what else are we going to do in phase three and the drive aisle alignment? How will that safely convey vehicles north and south and how will that interact with the parking configuration. I haven't seen, you know, a site plan generated yet showing that, because, you know, I think they were waiting for this approval before they got into that level of detail. This was conceptual. So, conceptually we are not there. So, we have a lot more work to do to understand the alignment of that drive aisle, the width of that drive aisle, how it interplays with the parking, you know, to what extent I -- think that the drawing that we have here shows it lining up with an existing access on the west side of Eagle Road, so -- and it's meeting the -- the half mile -- I think it's the half mile that ITD allows access to North Eagle Road. So, aligning it to the existing one on the west side of Eagle Road is where that access point is going to land. We can work with Ms. Butler and the new owner of the Great Wall property to see how they are going to develop that. What site plan changes are they proposing? And, then, it goes to the property owner to the north of that that's currently going through the process of putting the slough in culverts and, then, they will formulate their road and utility plans and we will see how that ties in, so -- so that it's functional and it works and it's safe. So, I think that we need to go beyond the conceptual plan, we need to invest a little bit of money to further flush these things out, these configurations, so that we know exactly what we are proposing that will be there for the next 75 to 100 years. Page 76 Meridian City Council Item#1. November 30,2021 Page 74 of 81 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just to like really be brutally honest, given the hour, like for me I think -- don't come back unless you have got a road. Like unless you can deliver a road that goes from Eagle Road -- you have a deal with the property owner to the far north and Great Wall, you can tell us what that looks like and how it works for the traffic flow and all the elements that you just mentioned. Just -- and I hate being like that, because I try to be so much more polite usually, but I just want to be really clear. Like for me that's the bar. So, would say that should probably take months and I would love to hear -- you know, do you want a continuance for a long time period? Do you want an open -- I don't know if we even do an open continuance and, then, let Planning know when you feel like you have that ironed out? How do you kind of want to handle that from a time frame perspective? But I just wanted to like lay out --just being really honest, like you have to deliver a road. Whallon: Mayor Simison, Council Woman Strader, it was our discussion with Caleb Hood that when we were talking about our road and the question of when the Great Wall was going to tie into our road and they would lose their primary access or existing temporary access to North Eagle Road, that's when Caleb said, hey, look we are looking for this to be a backage road and we expect it on the back of all of the parcels and we don't want to see it, as was mentioned, be -- be more restrictive and cutting off access points. So, we were always under the impression that that was going to be a requirement of staff through the conditional use permit process that there was a fully developed road through our property that would connect to the north, whether they built before us or after us. So, it's always been our expectation that there would be a road back there, but we can go and we can go -- across our property tying into our neighbor's property. But we can go in and investigate what that site plan looks like and draw it out and show something tangible with the road back there that's going to start at East River Valley Street and go north. Strader: Mr. Mayor? Simison: Could you give -- can you give a little -- at least from your perspective -- we say road, you are talking curb, gutter, sidewalk or are you talking what exists in the northern commercial property where you have no cars backing into the space with essentially protected planting strips? Big difference between a width and expectation, Just so that they can hear your perspective. Strader: Yeah. No. So, like I -- I'm looking for a really macro level solution, not just that -- you have a concept of what your piece of the road will look like. I would like to see either that you have an agreement with those two property owners and you all have come up with a concept and what that concept is or that they have already come before us and so we have approved a concept plan that they have brought. It's got to be -- to me has to be coordinated and I understand there is a constraint around -- I don't think I need to know like exactly what your sidewalk looks like, for example, but it's got to be -- I don't -- I need a high level -- I need to know when I -- when we approve this that in 2023 that that Page 77 Meridian City Council Item#1. November 30,2021 Page 75 of 81 road will be built all the way from the north property where there is the slough all the way down here to me, just because of the traffic and flow concerns. Perreault: Mr. Mayor? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just a comment. One of my concerns, though, is with property owners to the north have already expressed -- we don't want that road to go through. I mean that puts them in a very difficult position and as we continue this discussion I keep thinking maybe it is to approve the DA and get it to the CUP process and have that fight happen and let the chips fall where they may and -- because I don't know how it's going to be resolved if --just by having the continued discussions without having them have any leverage in the game and I -- but, you know, I can be swayed on that, but I -- I'm just trying to figure a way forward. I don't want to have this thing killed because there is viability here, it's just how do we resolve some of these things and what's the path to do that? Nary: Mr. Mayor? Mr. Mayor, Members of the Council -- and, Sonya, you have absolute free rein to correct me if I mistake the process. So, right now what the applicant has applied for and paid for is a modified -- a modification to the development agreement. That's about 550 bucks. And the cost of that is based on a very overview by Planning does the -- does the DA that exists and the requests that we want fit within our code. So, that's why this report is fairly short. The analysis is fairly small, because we are really looking at a fairly narrow window and the rest of the cost of it is the cost of actually the process of notice advertising and the cost of preparing a development agreement by my office. That's what the -- that's what they paid for. That's what the staff analysis is. What all of you are asking for actually is like almost a full blown application. So, when you make a CUP request that cost is about 12, 13, 14 hundred bucks. That's because there is notices, it goes to Planning and Zoning, there is a full complete analysis by staff on code and how this fits and all of the things that you all are talking about, that's where that's done. So, it's okay if you want to continue this that's within your purview, but understand that now you are really asking staff to review that no one has paid for any of that. That really is staff time to come up with a full analysis for a DA mod that, then, has to be redone again or at least looked at again under the CUP rubric, does it fit the CUP. So, that's kind of our process and so that's what concerns me, because I think what Council Member Hoaglun said is right on the money, what you are asking is going to get reviewed. This isn't the place where it does. If you allow them to do -- if the direction is to allow them to do this, all of that will be analyzed, reviewed, brought forward, Planning, they may have requested to deny it, they may say it doesn't meet the standard, they may say the road should go through, it doesn't go through, the north will not -- whatever it is, it will all be done, but this isn't the process that does it and that's why I understand your frustration, because you are wanting that to be done now and that isn't what they applied for and that isn't what was reviewed by anybody. So, that's why you are missing these pieces. But I Page 78 Meridian City Council Item#1. November 30,2021 Page 76 of 81 don't have an answer to the chicken and egg that you are -- that you are concerned with, because that's really where we are. Simison: Well -- and just to get -- I don't know whether it's the chicken and the egg, but I think the Council has been making the comments that sometimes things just aren't ready. Bernt: Right. Simison: And we can go back to the Council that first approved the Great Wall several years ago to start this domino of challenges in this area where we tried to allow someone to do something that the area probably wasn't really ready for, that is creating a continuing effort and while I agree from a process standpoint we are chicken and the egg, I don't know that from a practical standpoint it's chicken and egg, I think there is -- maybe these parcels aren't ready to have a full blown decision made upon them. They may be -- instead of being the first two that went into this, maybe they should have been the last two to get any entitlements to allow the rest of the area to figure out what it's going to develop with. I don't know personally. But that to me is as much of the question is now the right time to make a decision on these or is it to deny it and let the other ones come forward and, then, make a decision afterwards. There is cross-access. I know one of the -- that JoAnn talked about the -- they don't want it, but it exists and, honestly, I don't know how a roadway will work through there with how they have their parking lot laid out. I really don't when I look at it. I think you are going to have people backing up into a roadway. What's going to have to happen? Is that okay? I don't know. But maybe -- you know, my personal thing is now is not the time to make a change in direction absent other information in my opinion and that information just will come at some time and when -- we don't know when. We don't control that. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I have been watching our wonderful planner Sonya make presentations for five years and I can almost read her face now and she's over there thinking we are asking all these questions that aren't related to this project and I know we are. Like Council Woman Strader said, we will not get another opportunity to review this and so my expectation as a Council Member is that our Planning and Zoning Commission, who serves at our -- at our will and our request, have this information for their decision. So, whether it's done for us or if it's done for them, the information that's being requested still needs to be provided and one -- one point of clarification on that. As far as -- as far as the discussion regarding the number of children, it has nothing to do with their safety, it has nothing to do with the amenities, it has to do with the school district and whether the -- it's an accurate analysis of the amount of children that will be a part of the district. I don't -- I don't -- I'm not worried about whether their kids -- the pool is big enough. I just wanted to clarify that in the comments that you were making. My expectation is that the -- the items that we have requested, when there is a CUP application in front of our Planning and Zoning Commission, that those items be provided to our Planning and Page 79 Meridian City Council Item#1. November 30,2021 Page 77 of 81 Zoning Commission, because that's the information that needs to have -- that -- that needs to exist and you have the opportunity and -- you have the great opportunity to sit before us and have these requests made and have those ready and be prepared for them for your CUP with the Planning and Zoning Commission. Not a lot of applicants get that opportunity. So, take all that information, please, and use it to your advantage as you get that CUP heard by our Planning and Zoning Commission. However, this decision goes this evening. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I personally don't want to move forward on the CUP process until -- until it's ironed out a bit more. So, I'm -- if I -- if I have to choose what side it sounds like I will probably be on a denial at this point and if the project changes and they have more information they can come before us again. But, you know, if it's -- if -- if the will of the Council is not a long-term continuance for them to work with the other property owners to come back and instead it's like moving forward on the CUP, I'm not -- I'm not there on that one. I would rather continue it long term while the property owners work it out orjust deny it and they can come back again if they modify it. Bernt: Mr. Mayor? Simison: Or not. Hoaglun: Mr. Mayor, to that point. I have questions of Bill or Sonya, the process. If we deny it they have -- they can't come back for one year; is that correct? Or what -- oh, okay. Nary: Yeah. That doesn't apply to development agreements. Allen: So sorry, Dean. Hoaglun: Okay. For a DA-- Allen: Your question to respond that only-- the year only applies with the preliminary plat. Hoaglun: Okay. Good. Allen: Not a development agreement modification. Hoaglun: So, that -- that could come back anytime in the future if it's denied. The other option is they could decide to withdraw and wait to an appropriate time to -- to bring it back? Is that an option? Allen: They could. I don't know that it gets them anywhere. Page 80 Meridian City Council Item#1. November 30,2021 Page 78 of 81 Hoaglun: Okay. Allen: I mean the application still dies. Just keep in mind if you -- all great points, by the way, made tonight. You know, Bill pretty much seconded in more detail what I tried to say earlier, more succinctly about the details, but, you know, all great concerns that have been brought out here tonight and things that you should be thinking about with a --with a land use change like this, but if we deny this application tonight they still have entitlements to develop this site as a storage facility. So, bottom line I guess, you know, something that's important for your consideration and your decision is whether or not you would like to see the property develop with a storage facility or a multi-family development. I mean that's -- that's what it boils down to at this point. Thank you. Simison: Councilman Bernt. Bernt: So, I -- I really appreciate the dialogue that -- that's been made. At the end of the day we just need to make a decision on what's -- what's in front of us and I know that we all have great hearts and we all have -- you know, we don't want to cause extra expense, whatever the case may be, for those who stand before us. But I -- I -- I think it's really important that we make a decision this evening and that we make a decision to not continue this project, that we either approve it or deny it and so I -- I know your comments are spot on. I agree with you one hundred percent. I have already stated how I feel. We can kick this can down the road all night long, but at the end of the day we need to make a decision tonight and -- and I guess that's where I stand. Simison: So, with that do I have motions to move through -- nothing is prejudicial that's tonight based on what we have heard to delay or otherwise. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we close the public hearing for H-2021-0059. Perreault: Second. Strader: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. Hoaglun: Mr. Mayor, I will kick this off and -- Simison: Councilman Hoaglun. Page 81 Meridian City Council Item#1. November 30,2021 Page 79 of 81 Hoaglun: -- it may not go anywhere, but we will -- we will start the process. Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: After considering all staff, applicant, and public testimony, I move to approve file number H-2021-0059 as presented in the staff report for hearing date of November 30th, 2021, and that staff consider special -- pay special attention to the provisions in Item 6, No. 4, and the potential of the modifications regarding phase one and phase two and that process. Simison: Motion dies for lack of a second. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I will give it a try. After considering all staff, applicant, and public testimony, I move to deny file number H-2021-0059 as presented in the hearing on today's date for the following reasons: We don't have adequacy of access flushed out with some of the contiguous properties to the north. The issues with traffic and parking and the associated circulation of traffic have not been fully flushed out and, in addition, I don't think it's the -- it's the right time for the city to change the current zoning on this property. Bernt: Second. Simison: I have a motion and a second. Is there any discussion? Allen: Mr. Mayor? Simison: Yes. Allen: Excuse me. Can I clarify? This is not a zoning for tonight -- Simison: Correct. Allen: -- this is a development agreement modification. Simison: This is a development agreement modification. Allen: Thank you. Simison: Second concur? Strader: The motion maker concurs. Bernt: Yes, I definitely one hundred percent concur. Page 82 Meridian City Council Item#1. November 30,2021 Page 80 of 81 Simison: Discussion on the motion? Simison: Yeah. Mr. Mayor, I will support this motion. I mean there are issues that we have talked about that I agree with that -- that need to be explored. I still would like to see those being explored at the different level, but the issues are there nonetheless. So, those are things that need to be worked out, so despite my attempt at moving it to the other -- next level, I'm still in support of the reasons for -- for this motion. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I just want to make one more comment. For me this is not necessarily a no, it's an -- but it's definitely a not yet. So, I just want to make that clear, if it hasn't been made clear on my part, so -- Nary: If I could just add one point to Council Member Strader -- sorry. Simison: Yes, Mr. Nary. Nary: There we go. Just one point. So, as Sonya indicated, it's not a zone change, but it a huge change and so as part of your motion -- if you are not comfortable with the use change at this time, that -- that that was the basis. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: That's what I meant. It's part of the reason. It's not the whole reason, but I -- I just want to reiterate something which -- for the applicant, which is I'm glad the door is not closed for a full year. You're certainly welcome to come back if you can really flush these issues out. But I think you understand the -- the level you would have to meet to really deliver that, hopefully, through our comments. Thanks. Simison: Any further comments? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, absent; Bernt, yea; Perreault, aye; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is denied. MOTION CARRIED: FOUR AYES. TWO ABSENT. FUTURE MEETING TOPICS Simison: With that, future meeting topics, Council? Then do I have a motion to adjourn? Page 83 Meridian City Council Item#1. November 30,2021 Page 81 of 81 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. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 10:24 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 12-14-2021 ATTEST: CHRIS JOHNSON - CITY CLERK Page 84 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the November 16, 2021 City Council Regular Meeting Page 4 Meridian City Council Item#1. November 16,2021 Page 81 of 81 Bernt: I move that we go into Executive Session per Idaho Code 74-206(1)(a). Hoaglun: Second the motion. Simison: I have a motion and a second to go into Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries. We will go into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (10:50 p.m. to 11:07 p.m.) Bernt: Mr. Mayor, I move we come out of Executive Session. Hoaglun: Second the motion. Simison: Motion and second to come out of Executive Session. All in favor? MOTION CARRIED: ALLAYES. Bernt: Mr. Mayor, I move we adjourn. Simison: All in favor? MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 11:08 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 11-30-2021 ATTEST: CHRIS JOHNSON - CITY CLERK Page 85 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the November 23, 2021 City Council Regular Meeting Page 86 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 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Small Talk Clinic (Verona Subdivision No. 3) Water Main Easement Page 95 ADA COUNTY RECORDER Phil McGrane 2021-170219 BOISE IDAHO Pgs=6 CHE FOWLER 12/01/2021 11:04 AM CITY OF MERIDIAN, IDAHO NO FEE Small Talk Clinic (Verona Subdivision No. 3) WATER MAIN EASEMENT THIS Easement Agreement, made this 30th day of November 20 21 between Smalley Holdings,LLC. ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 Small Talk Clinic(Verona Subdivision No. 3) WATER MAIN EASEMENT THIS Easement Agreement, made this 30th day of November 20 21 between Smalley Holdings,LLC. ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by Kc�rer, (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Smalley Holdings T.i. (name of entity on behalf of whom record was executed), in the following representative capacity:_Manager 7C (type of authority such as officer or trustee) (stamp) Desta L.Richards Notary Signature Commy PUBLIC 111 My Commission Expires: STATE OF IDAHO W COMMISSION EXPIRES 01113t"M Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 11-30-2021 Attest by Chris Johnson, City Clerk 11-30-2021 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-30-2021 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Page 98 Water Main Easement Version 01/01/2020 Item#3. E N G I N E E R I N G February 8,2021 Project No.20-101 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement over a portion of Lot 45, Block 3,Verona Subdivision No.3 (Book 94, pages 11,422-11,423),situated in a portion Section 26,Township 4 North, Range 1 West,Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found 1/2-inch rebar marking the Southwest corner of said Lot 45,which bears S00°21'36"W a distance of 186.01 feet from a found 1/2-inch rebar marking the Northwest corner of said Lot 45,thence following the westerly boundary line of said Lot 45, N00°21'36"E a distance of 96.46 feet; Thence leaving said westerly boundary line, N90'00'00"E a distance of 12.50 feet to the POINT OF BEGINNING. Thence N00°21'36"E a distance of 10.00 feet; Thence N90'00'00"E a distance of 9.50 feet; Thence S00`21'36"W a distance of 10.00 feet; Thence N90'00'00"W a distance of 9.50 feet to the POINT OF BEGINNING. Said parcel contains 95 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. 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. �ONpL LAND S �\r,E N 5E� GAF 0 6662 s� �o Ir OF F<< Y KEH��` �- 61 9233 West State Street • Boise, Idaho 83714 • 208.639.6939 • kmengllp.com Page 99 1 FOUND 1/2—INCH REBAR r - - - - - - - - - - - - - - - -- - - - - I I I 112.5' 12.5' I 25' WIDE INGRESS—EGRESS COMMON ACCESS AND r—UTILITIY EASEMENT PER VERONA SUBDIVISION No. 3 I I I N90'00'00"E 0o I 9.50 N0o'21'36"E 10.00'_ I I N o S00'21'36"W DO 10.00' Lot 45, Block 3 I w. Verona Subdivision No. 3 u-0 I �N90'00'00"W 3086 W Milano Dr. O-n I 9.50 N N I POINT OF BEGINNING m o N90'00'00"E Z 12.50'(TIE) �NL LAlyp S ENSfp °PG I LEGEND I Y 6662 I I O FOUND 1/2—INCH REBAR CALCULATED POINT Q %P�9T OF \OP�o I I PROPERTY BOUNDARY LINE KEHR�� I I — — ADJACENT BOUNDARY LINE SURVEY TIE LINE a i I — — — — — — — — EXISTING EASEMENT LINE _ I ———————— PROPOSED EASEMENT LINE N Z POINT OF COMMENCEMENT FOUND 1/12—INCH REBAR W Milano Dr. a 3 0 Z 0 30 60 90 w 3 Plan Scale: 1" =30' 0 0 N E N G I N E E R I N G m 9233 WEST STATE STREET = BOISE,IDAH083714 } PHONE(208)639-6939 Exhibit B kmengllp.com City of Meridian Water Easement D DATE: 2/8/21 a PROJECT: 20-101 SHEET: Situated in a portion of Lot 45, Block 3, Verona Subdivision No. 3, Section 26, 1 OF 1 Township 4 North, Range 1 West, B.M., City of Meridian, Ada County, Idaho a Item#3. 9.50 n90°00'00"e � 3 o o 0 0 O o N O O o CD CD C CD n90°00'00"w 9.50 Title: City of Meridian Water Easement Date: 02-08-2021 Scale: 1 inch = 5 feet File: Tract 1: 0.002 Acres: 95 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 39 Feet 001=n00.2136e 10.00 003=s00.2136w 10.00 002=n90.0000e 9.50 004=n90.0000w 9.50 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Red Aspen (H-2021-0066) by KM Engineering, LLP, Located at the southeast corner of S. Linder Rd. and W. Overland Rd. 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 2.99 acres of land with a request for the C-G zoning district for the purpose of constructing an approximate 30,000 square foot flex space building on 2.19 acres of land,by KM Engineering,LLP. Case No(s). H-2021-0066 For the City Council Hearing Date of: November 16, 2021 (Findings on November 30,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 16,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 16, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 16, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 16,2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Red Aspen AZ—FILE#H-2021-0066) - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 16,2021,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation and Zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 16,2021, 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 I I-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again (UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Red Aspen AZ—FILE#H-2021-0066) -2- or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-617). 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 November 16,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Red Aspen AZ—FILE#H-2021-0066) -3- By action of the City Council at its regular meeting held on the 30th 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 11-30-2021 Attest: Chris Johnson By Adrienne Weatherly,Deputy City Clerk 11-30-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 11-30-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Red Aspen AZ—FILE#H-2021-0066) -4- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 11/16/2021 Legend-- DATE: Project Location TO: Mayor&City Council FROM: Joe Dodson,Associate Planner 208-884-5533 SUBJECT: H-2021-0066 0 0 1 Red Aspen ' LOCATION: The site is located at the southeast corner of S. Linder Road and W. Overland Road,in the NW '/4 of the NW '/4 of Section 24,Township 3N.,Range 1 W I. PROJECT DESCRIPTION Annexation and Zoning of 2.99 acres of land with a request for the C-G zoning district for the purpose of constructing an approximate 30,000 square foot flex space building on 2.19 acres of land,by KM Engineering,LLP. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—2.99 acres; Project Site—2.19 acres Future Land Use Designation Commercial(majority) and Medium Density Residential Existing Land Use(s) Vacant Proposed Land Use(s) Flex-Space Lots(#and type; One (1) commercial building lot bldg./common) Physical Features (waterways, None hazards, flood plain,hillside) Neighborhood meeting date; # August 31,2021 no attendees of attendees: History(previous approvals) N/A Pagel B. Community Metrics Description Details Page Ada County Highway District l • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via two driveway connections to the adjacent arterial (Arterial/Collectors/State streets—the access to Overland Road is existing and is proposed to remain. Hwy/Local) (Existing and Proposed) Stub There is no opportunity for stub street or connectivity between adjacent sites Street/Interconnectivity/Cross and the subject site due to existing development. Applicant is proposing to Access widen an existing access to Linder Road and share it with the adjacent residential development to the south. Existing Road Network Yes. Existing Arterial Sidewalks/ No buffers exist along Linder or Overland; existing sidewalk along Overland Buffers but not along Linder. Proposed Road No road improvements are required with this application because the Improvements Overland/Linder Road intersection is planned for future improvement. (see ACHD staff report in Section VIII.D). CIP/Five Year Work Plan for adjacent&nearby roadways: Capital Improvements Plan(CIP)!Integrated Five Year Work Plan(IFYWP): • Linder Road is scheduled in the IFYWP to be constructed as a new 4-lane 1-84 overpass and widened to 5-lanes on each side of 1-84 with a level 3 bike facility from Franklin Road to Overland Road in the future. • Linder Road is listed in the CIP to be widened to 3-lanes from Victory Road to Overland Road between 2036 and 2040. • Linder Road is listed in the CIP to be widened to 5-lanes from Overland Road to Franklin Road between 2036 and 2040. • The intersection of Overland Road and Linder Road is listed in the CIP to be widened 6-lanes on the north and south legs and 7-lanes on the east west legs and signalized between 2036 and 2040. Fire Service • Distance to Fire Station rec Ditly adjacent to Fire Station#6 Police Service • Concerns None/no comments Wastewater • Distance to Sewer 0' Services • Sewer Shed South Black Cat Trunkshed • Project Consistent Yes with WW Master Plan/Facility Plan Page 2 1 1 1 1 � • • r r r , • r � r �- ' r r r • r ' r 1 1 1 Illllil�illll hf11111111111 - - y . its 84 4 + fRLAND OVERLAND IIIII 1■ k�l j ��_-.,. ' _-� �'� Li - • - • � ��/ �ti'll���:ii �/pill - • - • ii �///ill • - • • • u p • - • • • 110=l-U • IllllllII 1111 I 1111111/11 — Illllllll In -I j1111111p1 84 ■ME lllnl lr� IIIIIIIIIr\ �q/1: W- ,IIIIIIIIIIIIIr\ L' • mn _. o vamn -- III. APPLICANT INFORMATION A. Applicant: Joshua Jantz,KM Engineering,LLP—5725 N. Discovery Way,Boise,ID 83713 B. Owner: Jeffrey Majors,Jamco Investments, LLC—4700 N. Cloverdale Road, Ste. 210, Boise, ID 83714 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 10/5/2021 10/31/2021 Radius notification mailed to properties within 500 feet 10/5/2021 10/28/2021 Site Posting 10/7/2021 I I/1/2021 Nextdoor posting 10/5/2021 10/28/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) Commercial—The Commercial designation is meant to provide a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses, as well as appropriate public and quasi-public uses. Multi- family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity,and amenities. The project site is approximately two (2.19) acres in size and currently consists of three parcels located at the southeast corner of Linder and Overland and directly abuts the newest Meridian Fire Station along Overland. In addition to the Commercial future land use designation, there is a small area of Medium Density Residential(MDR) along the southern boundary. Because land use designations are not parcel specific, this land use designation is also represented on the subject site but correlates to the residential project to the south (Linder Road Apartments). However, the City anticipates commercial uses on this corner, especially because it is adjacent to two major arterial roadways (Linder and Overland) and near a planned interstate overpass. The proposed use of Flex Space is subject to specific use standards (UDC 11-4-3-18) and is proposed to serve as the core office and warehouse of a local business, Red Aspen. Red Aspen is a social selling(online) beauty company that aims to utilize this site as their new main hub for their growing business. Flex Space is a principally permitted use in the requested C-G zoning district and has no restrictions on semi-truck traffic. However, the Applicant has specifically stated the amount of truck traffic for this business is minimal and mostly handled by smaller delivery trucks. The submitted concept plan shows the proposed truck docks being along the end of the building but facing east towards the Fire Station and meets code as submitted. However, Staff does have concern over the general proximity of the truck docks and turnaround area to the residential project to the south. Further analysis is below. Page 4 The Applicant has proposed to place the building near the hard corner and pull it away from the existing multi family residential to the south approximately 119 feet from the south property line. The submitted concept plan depicts this 119 foot distance to include the required 25 foot landscape buffer and solid fencing along the southern property line abutting the multi family project; no buffer is required adjacent to the Fire Station because it is not a residential use. The Applicant is also showing the required landscape buffers adjacent to the arterial streets with the one adjacent to Overland being shown wider than the required 25 feet. Due to required right-of- way dedication along Overland Road, the proposed building is shown approximately 42 feet behind the existing sidewalk which has led to the building being further south than Staff originally anticipated. In order to help the site gain back some of its usable area and create more space between the proposed use and the existing residential to the south, Staff is recommending the Applicant reduce the street buffer to Overland Road by going through the Alternative Compliance process with future applications. Staff finds this revision to the site has at least two positive outcomes: the building can be moved further north towards Overland to create a better presence and streetscape along this corridor, and; moving the building further north creates further separation from the existing multi family development to the south while at the same time allowing more area for trucks to safely turnaround in the south half of the site. Staff finds the landscape buffer and linear distance between the proposed use and the existing residential to the south offers adequate transition and mitigation between uses. In addition to the proposed use on the subject site, it is worth noting the surrounding uses in the immediate area.As noted, Fire Station#6 is directly to the west of the subject and there is an existing multi family residential and R-15 zoning to the south. In addition, Staff has noted S. Linder Road and W. Overland Road abut the site on the west and north, respectively. On the west side of Linder, there is existing C-C zoning with a partially developed commercial/office center. On the north side of Overland is I-L zoning and Camping World, an RV storage, service, and sales business. Furthermore, on the opposite corner of Linder and Overland is the Artemisia Subdivision,zoned C-G and proposed with a number of commercial uses including vehicle sales. Thus, when looking at the surrounding area, nonresidential uses are commonplace. Access to the site is proposed via one connection to Linder Road and one connection to Overland Road with both accesses restricted to right-in/right-out only maneuvers. The Applicant is proposing to share and widen the existing access to Linder Road that the multi family project uses directly abutting the southern property line. Staff has not seen a written agreement for this shared access and one should be submitted with any future applications. However, Staff does support widening and sharing this access so the site has adequate circulation; without a second access point to the site, any future development on the site will be severely hindered. The proposed access to Overland is an existing curb cut that is supported by both Staff and ACHD. Both proposed access points are as far away from the Linder and Overland intersection as is possible. Staff supports the access to the site as proposed but is recommending a DA provision that the Applicant provide proof of an agreement with the property owner to the south regarding the shared access to Linder with the future Certificate of Zoning Compliance application. The hours of operation for the facility are an additional factor in determining if the proposed use fits in this location. The Applicant has stated the planned hours of operation are Monday thru Friday, 9am to 5:06pm with occasional Saturday hours during the holiday season (October- December). Most importantly, the Applicant has stated that any freight deliveries will only occur during normal hours of operation. Due to the proposed hours of operation, Staff believes the proposed Development Agreement provisions and screening methods will be sufficient in mitigating any noxious consequences of the proposed use. Page 5 Staff finds the proposed site design combined with the proposed Flex Space use to be generally consistent with the Comprehensive Plan. Specific Comprehensive Plan policies are discussed and analyzed below. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a DA as a provision of annexation with the provisions included in Section VIITA1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks"(3.02.01G). City water and sewer services are readily available to the subject site.As previously noted, the subject site is directly adjacent to Fire Station#6 so fire service is not an issue. The proposed access points to the site are supported by Staff and ACHD. Therefore, Staff finds the project complies with this policy. "Promote business retention, expansion, and improvement programs."(2.07.01). The subject application is for Red Aspen, a locally grown and sustained business. Due to the success of their business, this company needs to expand its footprint here in the Treasure Valley. The owners have a strong desire to remain in Meridian with the proposed project that will help it continue to flourish. Creating a flex space building for existing and future warehouse and office needs is a great fit for this location and the City of Meridian as a whole. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D).Despite the project not being a residential development, a segment of multi-use pathway is required and shown adjacent to Linder Road along the west property boundary. The Applicant is proposing to construct the required segment of pathway and complete this large segment of multi-use pathway on the east side of Linder Road creating a continuous pathway from Overland to Victory Middle School. This connection and added pathway would connect to the existing sidewalk along Overland that connects east and west to various projects and uses. In addition, the submitted site plan shows adequate internal sidewalk connections to the arterial sidewalks for overall connectivity. "Work with existing industrial businesses to expand or relocate operations to appropriate areas." (2.08.03C). The proposed business is not an industrial business but Stafffinds it equally important to support existing local businesses to relocate to appropriate areas when expansion is needed.After discussions with Staff and other entities, the Applicant determined the subject corner property is the ideal location to construct their own building designed solely for their business operations. Because the subject area is planned for commercial uses and a majority of the nearby uses are also nonresidential, Staff agrees with the Applicant and believes the subject site is an appropriate and ideal area for Red Aspen. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: There are no existing structures or site improvements. D. Proposed Use Analysis: The proposed use is for offices and associated warehousing,which falls under Flex Space within Meridian development code. This use is a permitted use in the requested C-G zoning district per UDC Table 11-2B-2 and is also subject to Specific Use Standards(UDC 11-4-3-18). As Page 6 previously discussed within the Comprehensive Plan section above, Staff supports the proposed use at this location—it is a nonresidential use which complies with the comprehensive plan,it is an expansion of a locally grown business, and Staff Ends there is adequate pedestrian and landscaping improvements proposed. Therefore, Staff finds this is an ideal location for this business and proposed use. Staff analysis of the Specific Use Standards is in italics below: UDC 11-4-3-18—Flex Space: A. Office and/or retail showroom areas shall comprise a minimum of thirty(20)percent of the structure and/or tenant space. The submitted concept plan shows the office area of the building comprising approximately 8,700 square feet in area, equating to approximately 30%of the building area. Proposed office area complies with this standard. B. Light industry and warehousing shall not comprise more than seventy(70)percent of the tenant space.According to the submitted concept plan, approximately 20,800 square feet of floor area is reserved for the warehouse component of the building which equates to 70%of the total building size of 29,440 square feet. Thus, the proposed site plan complies with this standard. C. In the C-C, C-G and M-E districts,roll-up doors and loading docks shall not be visible from a public street.According to the submitted concept plan and conceptual elevations, the Applicant is proposing two loading docks and one roll-up door for the building. The loading docks and roll- up door are proposed to be located at the south end of the building and face the east property line, towards the Meridian Fire Station. Per the submitted concept plan, the loading docks should not be visible from Overland or Linder Roads so Stafffinds the proposed locations of these design elements to be in compliance with this standard. In addition, any off-street loading spaces must adhere to UDC 11-3C-8 which prohibits any loading space(i.e. loading docks) to face a residential use and limit hours of operation should it be located within 50 feet of a residential district. The submitted concept plan shows compliance with all standards outlined in this code section—the loading docks face the fire station to the east (not a residential use) and are not within 50 feet of any residential district or use. D. Retail use shall not exceed twenty-five(25)percent of leasable area in any tenant space. Because Red Aspen is an online business, there is no retail area included in the building design. Therefore, this standard is not applicable to the submitted site plan. However, the Applicant will be required to comply with this standard in perpetuity should any redesign of the building space occur and a retail component is added. Additional analysis on the proposed use and how it integrates with adjacent uses is in the Comprehensive Plan analysis section above. Staff will confirm compliance with these specific use standards with any future Certificate of Zoning Compliance(CZC)application. E. Dimensional Standards(UDC 11-2): The Applicant is proposing to annex the subject property into the City with the C-G zoning district which does not have a minimum lot size.As noted above,the proposed use is a permitted use in the requested zoning district.Furthermore, according to the concept plan,the proposed building, drive aisle and vehicle use areas, and the proposed parking stalls meet UDC dimensional standards. The project requires a minimum 25-foot wide landscape buffer adjacent to both Linder Road and Overland Road, arterial streets. The submitted concept plan shows compliance with the required street buffers with the landscape buffer along Overland being shown as approximately 42 feet wide and the required 25 foot width along Linder. Within the comprehensive plan section above, Staff has recommended a reduction in the Overland landscape buffer width to be less than 25 feet from the ultimate right-of-way. Through Alternative Compliance, Staff believes a reduced buffer Page 7 would help mitigate any noxious uses of the site for the residential project to the south by moving the building further away from the south property line. In addition, shifting the building further north would aid the building in holding this corner and creating a true presence at this intersection. In addition,the C-G zoning district requires a minimum landscape buffer of 25 feet to any residential use which is applicable along the south property boundary where an existing multi- family residential development exists. The submitted concept plan shows this 25-foot landscape buffer compliant with the required dimensional standards. According to the conceptual elevations,the building is proposed with a height of approximately 38 feet in height. The C-G zoning district allows a maximum height of 65 feet so the proposed building height complies with this dimensional standard. However,because of adjacent C-C zoning and development, Staff believes limiting the height of any future building on the subject site to the 50-foot height limit of the C-C zoning district instead of the 65-foot limit in the C-G zoning district is a prudent provision to add within the required Development Agreement. Staff recommends this provision in case the proposed use and building is not constructed and a future Applicant proposes a taller building—Staff believes constructing a building up to the allowed 65- foot height in the C-G zoning district does not integrate with adjacent development. With future CZC submittals, Staff will confirm conformance with the required dimensional standards of the C-G zone and the Flex Space specific use standards (11-4-3-18). Therefore,the proposed project meets all required dimensional standards outlined in UDC 11-2B-3. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted conceptual elevations of the future flex space building; Administrative Design Review(DES)and a formal review of the elevations will be required with a future CZC submittal. Per the submitted conceptual elevations,the building is proposed to be constructed with tilt-up concrete panels that have a texture coat applied to it. The elevations also show ample cornice work visible on all elevations, faux windows with fenestration,parapet variation,accent material and color around the base of the building, and two-story windows with painted steel canopies. Staff will analyze the future building elevations submitted with the DES application for compliance with the Architectural Standards Manual. G. Access(UDC 11-3A-3, I1-3H-4): Access to the site is proposed via one connection to Linder Road and one connection to Overland Road with both accesses restricted to right-in/right-out only maneuvers. The access point from Linder road is an existing 25-foot wide access point for the multi-family project adjacent to the south and the Applicant is proposing to widen the curb-cut to 40 feet and share it with the residential project.ACHD has reviewed this proposal and supports the Applicant's request to widen the existing Linder access. Staff has not seen a written agreement for this shared access between the adjacent land owner this one; Staff recommends said agreement be submitted with any future application(s). However, Staff does support widening and sharing this access so the site has adequate circulation;without a second access point to the site, any future development on the site will be severely hindered. The proposed access to Overland is an existing curb cut that is supported by both Staff and ACHD. Both proposed access points are as far away from the Linder and Overland Roads intersection as is physically possible. Staff supports the access to the site as proposed but is recommending a DA provision that the Applicant provide proof of a reciprocal cross-access agreement with the property/property owner to the south regarding the shared access to Linder with the future Certificate of Zoning Compliance application. Page 8 H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table II- 3C-6B for nonresidential uses based on the ratio for commercial zoned properties of one(1) space for every 500 square feet of gross building floor area.A 29,440 square foot building requiring at least 59 parking spaces with the required parking ratio is proposed. According to the submitted concept plan, 59 parking spaces are proposed, exceeding the minimum requirement by one(1) space. Staff will confirm compliance with these standards at the time of CZC submittal. The proposed use of a flex space will rarely have the full allotment of parking spaces utilized because the warehouse component of the building takes up a larger area while not traditionally requiring the same amount of parking as office or other commercial uses. Furthermore,there will be no customers that go to the proposed building so all of the parking will be for employees. Therefore, initial review of the concept plan does not give Staff any concern over the amount of parking due to the proposed use of a Flex Space building. I. Sidewalks and Pathways(UDC 11-3A-17& UDC 11-3A-8): 5-foot wide attached sidewalk exists along Overland Road and is required to remain. A1040ot wide multi-use pathway segment is required along the west boundary and adjacent to Linder Road per the Master Pathways Plan. ACED is requiring both pedestrian facilities be attached facilities due to future planned road widening and intersection improvements. The concept plan also shows at least 7-foot wide sidewalks adjacent to the future building that connect to the arterial pedestrian facilities offering adequate pedestrian connectivity for the subject site. Furthermore,the additional segment of multi-use pathway and its connection to the sidewalk along Overland would create a fully connected pedestrian network from Overland to Victory Middle School, Bear Creek Park, and back with the additional benefit of connecting the pathway system to the arterial street sidewalk network that has vast regional connectivity. The proposed sidewalks and pathway meet UDC requirements. J. Landscaping(UDC 11-3B): The Applicant is required to construct landscape buffers along Overland Road,Linder Road, and along the southern boundary as a landscape use buffer. The buffers along Overland and Linder are governed by UDC 11-3B-7; the land use buffer along the south property boundary is governed by UDC 11-3B-9. The Applicant did not submit specific landscape plans for the project and no landscaping is shown on the submitted concept plan. However,the minimum required landscape buffer widths are shown on the concept plan. Staff will ensure compliance with all landscaping standards with the future CZC submittal. K. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. 6-foot high vinyl fencing is depicted on the concept plan but it is not labeled as existing or proposed. Staff is aware there is existing fencing along the south and east boundaries constructed with the adjacent development. In general, 6-foot fencing should be included along the south and east boundaries for security and screening purposes especially between this subject site and the residential development to the south. Should fencing be proposed, Staff will analyze that with the future CZC submittal. L. Pressurized Irrigation(UDC 11-3A-15): The Applicant is required to provide a pressurized irrigation system for the development in accord with 11-3A-15.No irrigation plans have been submitted for Flex Space use at this time. With future development applications,the Applicant will be required to provide a pressurized Page 9 irrigation system for the required landscaping around the site. Land Development will review these plans in more detail at a later date when specific irrigation plans are submitted. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement per the Findings in Section IX of this staff report. B. Commission: The Meridian Planning&Zoning Commission heard these items on October 21,2021. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning_request. 1. Summary of Commission public hearing_ a. In favor: Amanda Moore, Genie Reese,and Jesse McKinney—Applicants;Josh Jantz, Applicant Representative; Cornel Larson, Project Architect. b. In opposition:None C. Commentini?: Amanda Moore,Jesse McKinney,Josh Jantz, and Cornel Larson. d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Bill Parsons,Planning Supervisor;Kurt Starman, Assistant City Attorney. 2. Key issue(s)of public testimony a. Support for the proposed use and ability to keep a Meridian local business here in the Cites Clarification on some of Staff s conditions of approval; 3. Ke, ids)of discussion by Commission: a. Clarification on some of Staffs conditions and DA provisions, specifically the proposed height limit and use limitations; b. Staff s response to Applicant's request to remove/modify the DA provision limiting uses- C. Commission concluded to keep Staffs recommended DA provision after Staffs explanation; d. Why Staff is recommending to reduce the landscape buffer along Overland to move the building closer and is there a specific amount/distance required by Staff. 4. Commission change(s)to Staff recommendation: a. Add condition of approval per Staffs recommendation to require Applicant obtain a property boundary adjustment. b. Modify DA Provision A.lb to increase the height limit consistent with the C-C zoning district. 5. Outstandingissue(s)ssue(s) for City Council: a. In the Commission motion,Commission required the Applicant obtain a PBA prior to the Council meeting but this is not possible due to timing with the County processes. Staff believes it was a misunderstanding of the expectation set by Staff at the hearing. In response, Staff has included an appropriate condition regarding the PBA. C. The Meridian City Council heard these items on November 16,2021. 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: Amanda Moore, Genie Reese.and Jesse McKinney—Applicants;Josh Jantz Applicant Representative; Cornel Larson,Project Architect. b. In opposition:None Page 10 Item#4. C. Commenting: Amanda Moore, Genie Reese,Jesse McKinney, Cornel Larson d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Requesting approval of subject application to keep a local business in the City of Meridian. 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None Page 11 Item#4. VIL EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps TEALEY'S LAND 12594 W. Explorer Drive,Suite 150 • Boise, Idaho 83713 SURVEYING (208) 385-0636 a] — Fax(208)385-0696 Project. No.:4865 Date:July 30,2021 DESCRIPTION FOR ANNEXATION PARCEL-ASPEN GROVE MOLDINGS,LLC A parcel of land lying in the NW 1/4 of Section 24,T.3N.,RAW.,B.M.,Ada County, Idaho and more particularly described as follows: BEGINNING at the Northwest corner of said Section 24, thence along the North boundary of said Section 24 South 89°07'25" East 327.10 feet to a point on the extended West boundary of Record of Survey No. 9277, filed for record in the office of the Ada County Recorder, Boise, Idaho under Instrument No. 112056125; thence along said extended West boundary and along the West boundary of said Record of Survey No. 9227 South 00°41'26 West 397.51 feet to the Southwest corner of said Record of Survey No. 9227,marked by a 5/8"iron pin;thence North 89°33'34"West 327.10 feet to a point on the West boundary of said NW V4 of Section 24;thence along said West boundary North 00°41'26"East 400.00 feet to the POINT OF BEGINNING, Said parcel contains 2.99 acres,more or less. t,L LANoS,G 34'7 0 9 9TE OF l� ti� ��ICK A. W,"965JOaRaportW865-annex desc.docx-jdc Page 12 Page 118 14 13 WEST OVERLAND ROAD (PUBLIC R/W VARIES) S 89'07'25' E 327.10' 13 ff"A!rlT-0—FBEAW19(—; --—--—-- 589.071250 E 23 24 24 I ------------------------------ ------ ----------------------------------------------- /V kx Z' 01 Im ------------------------------------------------------------ cl o Z 2.99 ACRES U) F ------------------ N 897:�37C-W--�72FIFr- sr P FOR ANNEXATION EXI-4101-F ANNEXA ASPEN GROVE HOLDINGS, L-L-C L00 A PORTION OF THE NW 1/4, SECTION 24, T.3N., R.lW., B.M., MERIDIAN, ADA COUNTY, IDAHO 23124 � 4347 9� OF TEALETS LAND SURVEYING 12594 W.EXPLORER DRIVE, SUITE 150 208-385-0636 BOISE,ID,83713 j­ DATE:7/30/21 PROJECT:4865 Page 13 Item#4. B. Proposed Concept Plan(dated: 7/29/2021) 14 13 w � �a ��— �8A515 OF BEARING _ S 09'07'25_'E 2655.65' 23 °11I4-- as a 327.10' - d� 9 TRAFFIC QENCH MARK s1GNAL N WEST OVERLAND ROA ��� s DC• CHISELED— IN FIRE STATION - CONCRETE 189°07'25"E 85 A3., sl_cNnL UCHT ELEVATIDN-260957 T '•"�Y -- _ - / �IRRIGATI01 ro l _ ❑ LIN --5gs— -- -_ IW c' V6D O/29 ROuN N �IRR GATI01 I I 2 WEEDED AREA ul I D> II E DITCH- -NEW I I I I I I � x NEW 10 FOOT "d I MULTI USE PATHWAY I •( I J I T p IRON ENCE PROPOSED --- QQ $ BUILDING 029,440 S,F� - - _ E7 — c 59 PARKING - I STALL$ m I _ CV 0 'Ik EEDED ARE Q I � y /7 C Q'NCRFTF I T- New �' ,. �s—a sETa�cK uNe EyTRUDED L C RH ITYP264 2613-- `z61s� N B9°33'34"W 276,IC' N 09°33'34'W 51,00' \ 3S INVESTMENTS LP CONCRETE m LINE TABLE DED CURB CTYP LINE BEARING LENGTH CURB f T 1 y L-I N 45°47'00"E 35.31' L-2 5 51.29'57"E 6.56- S L-3 5 09"07'25"F 20.00' L-4 N 53'21'49"E 1 6.56' CONCEPTUAL N 1 SITE PLAN 0 N KTN Page 14 Page 120 C. Concept Elevations ,5J(4� Qdj -7 AD -74 I IF I I I I �7-1 FF L—Immd� 1PtTH ELEVATION SOUTH ELEVATION Page 15 IXI) I. - E)'A) 1676 ILI =4 E?At 7 E-EVATION WEST El EIATION Page 16 Item#4. 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 and the property owner(s)at the time of annexation ordinance adoption. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the approved concept plan and conceptual elevations included in Section VII and the provisions contained herein. b. Future development of the subject site shall have a height limit of 40 50 feet consistent with the proposed flex space building and C-C zoning to the west. c. With the future Certificate of Zoning Compliance application,the Applicant shall provide a copy of the recorded reciprocal cross access agreement to share an access to Linder Road with the property to the south. d. The allowed uses on the subject site shall be: flex space, financial institution, healthcare/social services, information industry,personal and professional services,retail (including wine and beer sales),restaurant,research and development, and vertically integrated residential. The Applicant shall adhere to any applicable specific use standards for a proposed use. 2. The Applicant shall obtain a Property Boundary Adjustment prior to building permit submittal to combine the existing lots or adjust them appropriately to meet all dimensional and building code requirements. B. PUBLIC WORKS Site Specific Conditions of Approval 1. There are no changes to water or sewer infrastructure proposed. Any changes to water or sewer infrastructure must be reviewed by Public Works. 2. Any used services or mains must be abandoned at the main that will remain in service. 3. Sewer service lines should not run through infiltration trenches. 4. Parcel S 1224223460 has a sewer main stubbed to it that is currently not covered in a City utility easement. A 20 foot wide easement is required onsite until the line transitions to a service. General Conditions of Approval 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 Page 17 Page 123 Item#4. 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. 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. Page 18 Page 124 Item#4. 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.meridiancioy.oMIgublic 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. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciiy.org/WebLink/Doc View.aspx?id=239643&dbid=0&repo=MeridianC Lty D. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancitE.org/WebLink/Doc View.aspx?id=230783&dbid=0&repo=MeridianC Lty IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the proposed zoning map amendment to annex the property into the City of Meridian with the C-G zoning district with the proposed Flex Space use and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Page 19 — Page 125 Item#4. Council finds the proposed zoning map amendment and the requested development complies with the regulations outlined in the requested C-G zoning district and is consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare, especially if all conditions of approval are met. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Council finds the annexation is in the best interest of the City. Page 20 Page 126 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Agreement Between the City of Meridian and Brighton Development, Inc. to Accept Payment in Lieu of Installing Streetlights at Bainbridge No. 11 and No. 12 Subdivisions Page 127 &W, Mayor Robert Simison IDIAN��'� City Council Members Tre Bernt Joe Borton Public Works i D A H O Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader 000 TO: Mayor Robert Simison Members of the City Council FROM: Jared Hale—Engineering Project Manager DATE: 11/17/2021 SUBJECT: AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS AT BAINBRIDGE NO. 11 AND NO. 12 SUBDIVISIONS REQUESTED COUNCIL DATE: 11/30/2021 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with Brighton Development, Inc. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Jared Hale, Engineering Project Manager 208-489-0370 Clint Dolsby, Assistant City Engineer 208-489-0341 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Background One of the site-specific conditions of approval for the Bainbridge No. 11 and No. 12 subdivisions was to provide sufficient funds for the installation of street lighting along W. Chinden Boulevard. The streetlights were installed with the Costco street widening project. Page 128 Page I of 2 Item#5. B. Proposed Project Pursuant to the attached agreement with Brighton Development, Inc.,the City has accepted the estimated amount of$67,720.00 required to install those streetlights on W. Chinden Blvd. These funds will be used to reimburse the City for installing the streetlights with the Costco project. They have signed the attached agreement and paid the $67,720.00. IV. IMPACT A. Strategic Impact: This agreement is in alignment with the Public Works Department's Strategic Plan 2010-2015 Objective ENG-12, which is to increase street lighting throughout the City to enhance the safety of our citizens in a fiscally responsible manner. B. Service/Delivery Im aAct: This agreement will increase the street lighting along W. Chinden Blvd. while ensuring that the lights are installed at the appropriate time and in the appropriate location. C. Fiscal Impact: Per this agreement the City has received $67,720. This is the amount required to install the eight lights along the W Chinden Blvd. frontage. V. TIME CONSTRAINTS Council approval of this agreement will allow Brighton Development, Inc. to finalize the agreement and meet this portion of the lighting requirements for final plat approval. VII. LIST OF ATTACHMENTS Agreement to Accept Payment in Lieu of Installing Streetlights on W Chinden Blvd at Bainbridge No. 11 and No. 12 subdivisions. Approved for Council Agenda: Page 129 Page 2 of 2 AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS AT BAINBRIDGE NO. I 1 AND NO. 12 SUBDIVISIONS THIS AGREEMENT for streetlight installation, made this 30thday of�Nov.2021 1 between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Brighton Development, Inc., 2929 W. Navigator, Suite 200 Meridian, Idaho 83642, (hereinafter"Brighton"). WHEREAS, Brighton has received from City, conditional approval of the Final Plat for the Bainbridge No. 11 Subdivision, Case No. FP H-2019-0125; and, WHERAS,Bright has received from City,conditional approval of the Construction Plans for the Bainbridge No. 12 Subdivision, Case No. LD-RSUB-2020-0046; and, WHEREAS, One of the Site Specific Conditions of Approval of City's approval of FP H-2019- 0125 is to install streetlights on all public roadways per the City of Meridian Improvement Standards for Street Lighting; and, WHEREAS,One of the Site Specific Conditions of Approval of City's approval of LD-RSUB-2020- 0046 is to reimburse the City for the streetlights that were installed on Chinden Blvd; and, WHEREAS, W. Chinden Blvd. has been widened and streetlights installed after the approval of Bainbridge No. 11; and, WHEREAS, City funded the installation of streetlights on W. Chinden Blvd. with the understanding that development would reimburse installation costs that are typically required of development. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. Brighton shall pay to City the amount of$42,325.00 as the amount necessary to supply and install five (5) type 1 streetlights for Bainbridge No. 11 Chinden frontage. 2. Brighton shall pay to City the amount of$25,395.00 as the amount necessary to supply and install three (3) type 1 streetlights for Bainbridge No. 12 Chinden frontage. 3. City agrees to accept the amount set forth in Articles 1 and 2 in lieu of requiring Bainbridge to install the five(5)streetlights on W.Chinden Blvd frontage of Bainbridge No. 11 Subdivision and three (3) streetlights on W.Chinden Blvd frontage of Bainbridge No. 12, Subdivision. 4. Upon payment of the amount in Articles 1 and 2 by Bainbridge to City, Bainbridge's requirement to install the eight(8)total streetlights on W. Chinden Blvd. shall be considered satisfied. Page 130 Item#5. 5. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by Bainbridge of Bainbridge's Property. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. Brighton Development Inc. CITY OF MERIDIAN . By. onathan D. Wardle, President Robert E. Simison, Mayor 11-30-2021 ` J Page 131 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement Between the City of Meridian and Challenger Development, Inc. to Accept Payment in Lieu of Installing Streetlights at Cache Creek Subdivision Page 132 Item#s. Mayor Robert Simison City Council re bers E IDIAN*-� TregBernt Joe Borton Public Works Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Mayor Robert Simison Members of the City Council FROM: Jared Hale—Engineering Project Manager DATE: 11/19/2021 SUBJECT: AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS AT CACHE CREEK SUBDIVISION REQUESTED COUNCIL DATE: 11/30/2021 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with Challenger Development Inc. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Jared Hale, Engineering Project Manager 208-489-0370 Clint Dolsby, Assistant City Engineer 208-489-0341 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Backizround One of the site-specific conditions of approval for the Cache Creek Subdivision was to provide sufficient funds for the installation of street lighting along S.Locust Grove Road and E. Victory Road. The streetlights will be installed once the road is widened by 2 additional travel lanes. Page 133 Page I of 2 Item#6. B. Proposed Project Pursuant to the attached agreement with Challenger Development Inc., the City has accepted the estimated amount of$42,325,required to install those streetlights on S. Locust Grove Road and E. Victory Road. These funds will be used to install the provided streetlights when the road is widened by two travel lanes in conjunction with a future ACHD project between E. Amity Road and E. Lake Hazel Road. Challenger Development Inc. is in favor of this solution. They have signed the attached agreement and paid the $42,325. IV. IMPACT A. Strategic Impact: This agreement is in alignment with the Public Works Department's Strategic Plan 2010-2015 Objective ENG-12, which is to increase street lighting throughout the City to enhance the safety of our citizens in a fiscally responsible manner. B. Service/Delivery Impact: This agreement will increase the street lighting along S. Locust Grove Road and E. Victory Road while ensuring that the lights are installed at the appropriate time and in the appropriate location. C. Fiscal Impact: Per this agreement, the City has received $42,325. This is the estimated amount required to install the five lights along S. Locust Grove Road and E. Victory Road, and these funds will be reserved for that specific purpose. V. TIME CONSTRAINTS Council approval of this agreement will allow Challenger Development Inc.to finalize the agreement, set aside the funds to install the street lights and meet this portion of the lighting requirements for final plat approval. VII. LIST OF ATTACHMENTS Agreement to Accept Payment in Lieu of Installing Streetlights on S. Locust Grove Road and E. Victory Road at Cache Creek Subdivision. Approved for Council Agenda: 4 7 Page 134 Page 2 of 2 Item#6. AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHT AT CACHE CREEK SUBDIVISION THIS AGREEMENT for streetlight installation, made this30th day of November, 2021 between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter"City"), and Challenger Development Inc., 1977 E. Overland Road, Meridian, ID 83642 (hereinafter"Challenger"). WHEREAS, Challenger has received from City, conditional approval of the Final Plat for the Cache Creek Subdivision, Case No. FP-2021-0028; and, WHEREAS,One of the Site Specific Conditions of Approval of City's approval of FP-2021-0028; is to install streetlights on all public roadways per the City of Meridian Improvement Standards for Street Lighting; and, WHEREAS,Challenger is currently unable to install the required streetlights on S. Locust Grove Road and E. Victory Road in front of the Cache Creek Subdivision because S. Locust Grove Road and E. Victory Road have not been built out to its ultimate width; and, WHEREAS, once the S. Locust Grove Road and E.Victory Road are improved, City is willing to install the required streetlights if Challenger has paid to City the estimated amount necessary to install the streetlights. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. Challenger shall pay to City the amount of$42,325.00 as the amount necessary to supply and install five (5)type 1 streetlights. 2. City agrees to accept the amount set forth in Article 1 in lieu of requiring Challenger to install the five(5)streetlights on S.Locust Grove Road and E.Victory Road in front of the Subdivision. 3. Upon payment of the amount in Article 1 by Challenger to City, Challenger's requirement to install the five (5)streetlights on S. Locust Grove Road and E.Victory Road shall be considered satisfied. 4. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by Challenger of Challenger's Property, IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. Challenger Development, Inc. CITY OF MERIDIAN Page 135 ', y4 ,f a By: BY Corey Barton, Mana r Robert E. Simison, Mayor 11-30-2021 i I Page 136 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement Between the City of Meridian and Triple D Development, Inc. to Accept Payment in Lieu of Installing a Streetlight at Prevail No. 3 Subdivision Page 137 Item#�. Mayor Robert Simison fi IDIANI-1�'� City Council Members j Tre Bernt Joe Borton D A H O Luke Cavener Public Works Brad Hoaglun Department Jessica Perreault Liz Strader TO: Mayor Robert Simison Members of the City Council FROM: Jared Hale—Engineering Project Manager DATE: 11/19/2021 SUBJECT: AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING A STREETLIGHT AT PREVAIL NO. 3 SUBDIVISION REQUESTED COUNCIL DATE: 11/30/2021 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with Triple D. Development, Inc. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Jared Hale, Engineering Project Manager 208-489-0370 Clint Dolsby, Assistant City Engineer 208-489-0341 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey,Director of Public Works 208-985-1259 III. DESCRIPTION A. Back rg ound One of the site specific conditions of approval for the Prevail No. 3 Subdivision was to provide sufficient funds for the installation of street lighting along S. Meridian Road (State Highway 69). The streetlight will be installed once sufficient development has taken place in the area. ITD has historically required 1/2-1 mile segments of State Highways have continuous lighting. Page 138 Page 1 of 2 Item#7. B. Proposed Project Pursuant to the attached agreement with Triple D. Development,Inc,the City will accept the estimated amount of$8,465, required to install one streetlight on S. Meridian Road. These funds will be used to install a streetlight after sufficient development in the area has taken place, and ITD grants approval for lights between Amity and Lake Hazel. Triple D. Development, Inc. is in favor of this solution and has signed the attached agreement. IV. IMPACT A. Strategic Impact: This agreement is in alignment with the Public Works Department's Strategic Plan 2010-2015 Objective ENG-12, which is to increase street lighting throughout the City to enhance the safety of our citizens in a fiscally responsible manner. B. Service/Delivery IMpact: This agreement will increase the street lighting along S. Meridian Road while ensuring that the light is installed at the appropriate time and in the appropriate location. C. Fiscal Impact: Per this agreement the City has received $8,465. This is the amount required to install a light along the S. Meridian Road frontage. V. TIME CONSTRAINTS Council approval of this agreement will allow Brighton Development, Inc. to finalize the agreement and meet this portion of the lighting requirements for final plat approval. VII. LIST OF ATTACHMENTS Agreement to Accept Payment in Lieu of Installing Streetlights on S. Meridian Road at Prevail No. 3 Subdivision. Approved for Council Agenda: Page 139 Page 2 of 2 Item#7. AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHT AT PREVAIL NO. 3 SUBDIVISION THIS AGREEMENT for streetlight installation, made this 30th day of November, 2021 between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Triple D. Development Inc., P.O. Box 1115, Meridian, ID 83680 (hereinafter"Triple D"). WHEREAS, MWT has received from City, conditional approval of the Final Plat for the Prevail No. 3 Subdivision, Case No. FP H-2021-0044; and, WHEREAS, One of the Site Specific Conditions of Approval of City's approval of FP H-2021- 0044; is to install streetlights on all public roadways per the City of Meridian Improvement Standards for Street Lighting; and, WHEREAS, Triple D is currently unable to install the required streetlight on S. Meridian Road in front of the Prevail No.3 Subdivision because S.Meridian Road has not been built out to its ultimate width; and, WHEREAS, once the S. Meridian Road is improved, City is willing to install the required streetlights if Triple D has paid to City the estimated amount necessary to install the streetlights. NOW THEREFORE,THE PARTIES AGREE AS FOLLOWS: 1. Triple D shall pay to City the amount of$8,465.00 as the amount necessary to supply and install one (1)type 1 streetlight. 2. City agrees to accept the amount set forth in Article 1 in lieu of requiring Triple D to install the one (1)streetlight on S. Meridian Road in front of the Subdivision. 3. Upon payment of the amount in Article 1 by Triple D to City,Triple D's requirement to install the one (1) streetlight on S. Meridian Road shall be considered satisfied. 4. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by Triple D of Triple D's Property. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. Trip4DouglasvR. lent,Inc. CITY OF MERIDIAN By: BY Mer, Manager Robert E.Simison, Mayor 11-30-2021 Page 140 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Animal Welfare and Enforcement Agreement Between the City of Meridian and the Idaho Humane Society Page 141 Item#8. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Scott Colaianni, Captain, MPD Meeting Date: November 30, 2021 Presenter: Scott Colaianni, Captain, MPD Estimated Time: .5 minutes Topic: Animal Welfare and Enforcement Agreement Between the City of Meridian and the Idaho Humane Society Recommended Council Action: Approve the agreement and authorize the Mayor's signature. Background: Pursuant to direction provided by City Council at the November 9, 2021 workshop, this agreement establishes terms and conditions of the City's agreement with the Idaho Humane Society from January 1, 2022 to September 30, 2022. By this agreement,the City agrees to pay IHS $448,851 for animal control, animal shelter, and animal code enforcement services provided during this term. This agreement includes the following provision as requested by Council: "If IHS seeks to increase the contract price for animal welfare and enforcement services to be provided to Meridian in fiscal year 2023, IHS shall provide to Meridian the proposed increased price no later than May 1, 2022, and shall provide a presentation to Meridian City Council explaining the proposed increase by June 1, 2022." Page 142 Item#8. ANIMAL WELFARE AND ENFORCEMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN AND THE IDAHO HUMANE SOCIETY This Animal Welfare and Enforcement Agreement("Agreement")is entered into on this 30th day of November , 2021 ("Effective Date") by the Idaho Humane Society, Incorporated, an Idaho non-profit corporation ("IHS") and the City of Meridian, a municipal corporation and governmental subdivision, organized and existing pursuant to the laws of the State of Idaho ("Meridian"). IHS or Meridian individually may be referred to herein as a"Party"and collectively as the"Parties." WHEREAS, Meridian desires the assistance of a third-party provider to aid in the provision of certain animal welfare and enforcement services, more particularly described in Exhibit A attached hereto and made a part hereof(the"Scope of Service"),which Meridian is authorized to provide pursuant to Idaho Code Sections 50-302, 50-319, 31-714, and various code provisions of Meridian; and WHEREAS,IHS is uniquely qualified and able to provide the desired services within the territorial limits of Meridian safely and humanely,pursuant to the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: A. Effective Date; Term. The term of this Agreement is from January 1,2022(the"Effective Date") through September 30,2022 (the"Termination Date")(the"Term"). B. Purpose;Grant of Authority. IHS shall be Meridian's animal welfare and enforcement contractor and shall be responsible for the enforcement of all applicable animal regulatory ordinances of Meridian City Code and applicable provisions of Idaho Code, except as otherwise stated herein or as IHS and Meridian may otherwise subsequently agree in writing. Nothing contained herein shall be interpreted to preclude Meridian from contracting separately with IHS for the provision of other services. C. Contract Price; Payment; Additional Compensation. 1. Contract Price. For IHS' performance of services as contemplated by this Agreement during the Term, Meridian agrees to pay IHS the sum of four hundred forty-eight thousand, eight hundred fifty-one dollars ($448,851). 2. Payment. Meridian shall pay this amount to IHS in nine(9)equal monthly installments, each installment payable on or before the 15th of each month during the Term. 3. Additional Compensation. IHS shall sell animal licenses on behalf of Meridian and collect applicable fees. These fees shall be remitted to Meridian as set forth in detail in Schedule 2, attached hereto and incorporated into this Agreement by reference. IHS shall collect animal licensing fees as set forth in Exhibit A.Nothing in this section shall be construed to limit the ability of Meridian to sell its own animal licenses or to permit other third-party entities to sell Meridian's animal licenses, and to collect the fees from such sales. D. Annual Review of Operating Expenses. IHS's operating expenses shall be reviewed annually by the Parties and contract adjustments negotiated based on the budgeted amount in comparison to the actual amount spent on operating costs. If IHS seeks to increase the contract price for animal welfare and enforcement services to be provided to Meridian in fiscal year 2023, IHS shall provide MERIDIAN-IHS AGREEMENT,JANUARY-SEPTEMBER 2022 I Page 143 Item#8. to Meridian the proposed increased price no later than May 1,2022,and shall provide a presentation to Meridian City Council explaining the proposed increase by June 1, 2022. E. Independent Contractor. In all matters between the Parties pertaining to this Agreement, the relationship between Meridian and IHS is that of principal and independent contractor. Neither IHS nor any person performing work on behalf of IHS shall be deemed to be an employee of Meridian. The selection and supervision of IHS's personnel performing work pursuant to this Agreement shall be in the sole discretion of IHS. Neither IHS nor any person performing work on behalf of IHS shall be deemed to acquire any of the rights, privileges, powers, or advantages of an employee of Meridian, or vice versa; however, those persons performing work on behalf of IHS shall act as a limited agent on behalf of Meridian, which limited agency granted herein shall be strictly limited to performance under this Agreement expressly set forth herein and shall not extend to any other purpose. F. Audits and Inspection. At any time during normal business hours and as often as Meridian may deem necessary, there shall be made available to Meridian for examination all IHS's records concerning all matters covered by this Agreement. IHS shall permit Meridian to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and other data relating to all matters covered by this Agreement. At their own expense,Meridian may individually or collectively annually hire an independent auditor to conduct a fiscal year audit of all expenses and revenues and services provided hereunder. Any auditor engaged by Meridian must use the generally accepted auditing standards. IHS shall maintain books, records, reports, and accounts adequate to allow the auditor to evaluate fully, assess, and audit IHS's performance of the Scope of Service. G. Grant of Authority to IHS. Meridian agrees to, and shall, ensure that Meridian takes whatever action Meridian deems necessary to grant or delegate authority to IHS to perform services under this Agreement for that Meridian within Meridian's territorial limits. H. Compliance with Laws. In the performance of services under this Agreement, IHS shall comply with all applicable federal, state, and Meridian's laws, regulations, and ordinances in effect or promulgated during the Term. This obligation includes timely payment of all taxes and license fees. If IHS determines it is unable to comply with any law, regulation, or ordinance in the performance of services under this Agreement, IHS must immediately notify Meridian in writing, and the Parties shall meet to attempt to resolve the matter between themselves with due diligence. I. Non-Waiver of Agreement Provisions. Failure by the representatives of any of the Parties to, at any time,enforce or require strict compliance with any terms or conditions of this Agreement shall not constitute a waiver of, or affect, or impair such terms or conditions in any way; nor shall such failure affect the rights of the Parties to avail themselves at any time of such remedies as they may have for any breach of such terms or conditions against another Party. J. Indemnification. These indemnification provisions apply only between IHS and Meridian, individually and separately. Under no circumstances shall these provisions be construed to require Meridian to indemnify, save,hold harmless,or defend IHS from,for,and against any or all claims, actions,judgments, damages, injuries to persons or property, losses, and expenses caused by or arising from another Meridian's codes that are deemed unconstitutional or in conflict with state or federal law; or the action, or failure to act, of another Meridian or another Meridian's officers, officials, employees, agents, or servants. MERIDIAN—IHS AGREEMENT,JANUARY—SEPTEMBER 2022 Page 144 Item#8. 1. IHS shall indemnify, save, hold harmless, and defend Meridian from, for, and against any and all direct or third-party claims, actions,judgments, damages, injuries to persons or property, losses, liabilities,and expenses caused by, or arising out of an act or omission of IHS or IHS's officers, employees, agents, servants, and volunteers in connection with IHS's performance under this Agreement and not caused by or arising out of the tortious conduct of any of Meridian or their respective officers, officials, employees, agents, servants, and volunteers, or Meridian's code that is deemed unconstitutional or in conflict with state or federal law. 2. Notwithstanding anything to the contrary in this Agreement, the liability of Meridian is at all times strictly limited and controlled by the provisions of the Idaho Tort Claims Act,Idaho Code Sections 6-901 through 6-929, inclusive, as or hereafter amended. Nothing herein shall be deemed a waiver of any privilege, immunity, protection, or defense afforded to Meridian as a political subdivision of the state of Idaho, under the Idaho Constitution,the Idaho Tort Claims Act, or any other applicable law, and shall not be construed to waive any such protections, which are hereby expressly retained. K. Insurance. 1. Standard Insurance Coverages and Limits of Liability Required: a. Worker's Compensation Insurance. Where required by law, IHS shall have and maintain during the Term of this Agreement, Worker's Compensation Insurance, including Employer's Liability, meeting the statutory requirements of the state of Idaho. Employer's Liability insurance in the following minimum amounts: Bodily Injury by Accident $100,000 each accident Bodily Injury by Disease $500,000 policy limit Bodily Injury by Disease $100,000 each employee If any work is sublet, IHS shall require its subcontractors to provide proof of Worker's Compensation and Employer's Liability Insurance. b. Commercial General Liability. IHS shall have and maintain throughout the Term, Commercial General Liability Insurance, with the following minimum limits of liability: General Aggregate $2,000,000 Product/Completed Operations Aggregate $2,000,000 Personal& Advertising Injury Liability $1,000,000 Per Occurrence $1,000,000 Fire Legal Liability $ 50,000 c. Automobile Liability Insurance. For all owned,non-owned,and hired vehicles,IHS shall maintain throughout the Term, Business Automobile Liability insurance providing bodily injury and property damage liability coverage for a minimum of one million dollars ($1,000,000) per occurrence limit. Business Automobile Liability insurance shall be written on a standard ISO policy form, or equivalent, providing coverage for liability arising out of owned,hired,or non-owned vehicles in connection with this Agreement. If IHS has no owned motor vehicles,then hired and non-owned motor vehicle liability coverage with a minimum limit of one million dollars ($1,000,000)per accident for bodily injury and property damage is required. MERIDIAN-IHS AGREEMENT,JANUARY-SEPTEMBER 2022 Page 145 Item#8. 2. Additionally Insured. IHS shall include Meridian as an additionally insured party to all of the insurance coverage listed above; which shall also be as primary and non-contributory with any insurance or self-insurance coverage or limits of liability maintained by Meridian, and in the form of a duly issued additional insured endorsement and attached to the policy or by the appropriate blanket additional insured policy wording,and in any other manner further required by IHS's insurance coverage to provide Meridian additional insured coverage as set forth herein. 3. No Limitation of Liability. Insurance coverage and limits of liability as specified herein are minimum coverage and liability requirements only. Nothing in this Agreement's requirements for minimum insurance coverage shall be interpreted to limit or release the liability of IHS or any of IHS's insurers. 4. Require Separation of Insured Provision; Cross-Liability Exclusion; and Other Endorsements Prohibited. IHS's insurance policy shall include a"separation of insureds"or "severability" clause that applies coverage separately to each insured and additional insured, except with respect to the limits of the insurer's liability. IHS's insurance policy shall not contain any provisions, exclusion, or endorsement that limits, bars, or effectively precludes Meridian from coverage or asserting a claim under IHS's insurance policy on the basis that the coverage or claim is brought by an insured or additional insured against an insured or additional insured under the policy. Failure to comply with any of the requisite insurance provisions shall be a material breach of this Agreement and grounds for termination of the Agreement or, if applicable, and at the discretion of Meridian, shall serve as grounds for Meridian to procure or renew insurance coverage with any related costs of premiums to be repaid by IHS or offset against the Contract payment to IHS. 5. Evidence of Insurance. IHS shall provide the following as evidence of insurance: a. A certificate of liability insurance evidencing coverages, limits of liability,and other terms and conditions as specified herein. In the "Certificate Holder" field of the certification of insurance,the City of Meridian shall be written in; and b. An attached designated additional insureds endorsement or blanket additional insureds wording to the required insurance policies that names each of Meridian. At any time upon Meridian's request, IHS shall also cause to be timely furnished a copy of declarations pages and schedules of forms and endorsements. If Meridian tenders a claim or lawsuit for defense and indemnity invoking additional insured status, and the insurer either denies the tender or issues a reservation of rights letter, IHS shall also cause a complete and certified copy of the requested policy to be timely furnished to the requesting Meridian. 6. Notice of Cancellation or Modification; Renewal. IHS's certificates of insurance shall be signed by an authorized representative of the issuing insurance carrier and shall state that the issuing company shall provide the Parties with a minimum of thirty (30) days' written notice prior to canceling or reducing any of the policies or limits required by this Agreement. Renewal certificates or binders must be provided to the Parties a minimum of five(5) days prior to the effective date of the renewal. If binders are used, they must be replaced by appropriate insurance certificates no later than thirty(30) days after the effective date. L. Termination. 1. Termination of this Agreement shall not relieve the Parties of their obligations or liability to each other incurred prior to the Termination Date. MERIDIAN-IHS AGREEMENT,JANUARY-SEPTEMBER 2022 Page 146 Item#8. 2. This Agreement shall automatically terminate between every Meridian and IHS immediately upon the following events: a. IHS is dissolved; or b. The Term expires. 3. This Agreement shall terminate between Meridian and IHS upon the following events and with thirty(30)business days prior written notice to all the other Parties: a. Meridian or IHS gives the other Party written notice of termination, which termination shall be effective on the first day of the calendar month that is at least thirty (30)calendar days after delivery of such notice of termination; b. Meridian fails to appropriate adequate funds for this Agreement in its budget for the fiscal year, in which case the Meridian shall notify IHS of any non-appropriation of funds within thirty(30)business days of such non-appropriation; or C. Meridian and IHS agree, in writing,to terminate this Agreement. M. Additional Terms and Conditions. Additional terms and conditions are contained in the attached Exhibit A. N. Miscellaneous Terms. 1. Integration. This Agreement constitutes the entire agreement of the Parties with respect to its subject matter, and this Agreement supersedes all prior agreements and understandings, whether written or oral,with respect to its subject matter. 2. Amendment. This Agreement may be amended at any time by mutual written agreement signed by the authorized representative of each Party;provided,however,nothing contained herein shall be interpreted to preclude Meridian from contracting separately with IHS for the provision of other services. 3. Interpretation. This Agreement was reviewed by the Parties' legal counsel. Accordingly, this Agreement shall be interpreted and construed fairly, according to its plain language, and not for or against any Party,regardless of which Party drafted it or caused its drafting. 4. Notices. Each Party shall deliver all communications in writing either in person, by certified or registered mail (return receipt requested and postage prepaid), by email, or by a recognized overnight courier service, and addressed to the other Parties as set forth below: Idaho Humane Society City of Meridian ATTN: Chief Executive Officer ATTN: City Clerk 1300 S. Bird St. 33 E. Broadway Avenue Boise, Idaho 83709 Meridian, Idaho 83642 jrosenthal@idahohumanesociety.org cityclerk@meridiancity.org Either Party may change its notice address by notifying the other Party as described in this section. 5. Attorney's Fees. In the event of any dispute or litigation arising from this Agreement or its subject matter, the prevailing party in such dispute or litigation may recover its costs and reasonable attorneys' fees as may be provided by applicable Idaho law. 6. Assignment. Neither IHS nor Meridian may assign any of their rights or obligations under this Agreement without first obtaining the written consent of the other. MERIDIAN-IHS AGREEMENT,JANUARY-SEPTEMBER 2022 g Page 147 Item#8. 7. Choice of Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of Idaho. Venue for any action brought pursuant to this Agreement shall be in the Fourth Judicial District of the State of Idaho, in and for Ada County. 8. Non-Discrimination in Employment. In performing the services required herein,IHS or its subcontractors shall not discriminate against any person on the basis of race,color,religion,sex, sexual orientation, gender identity/expression, national origin or ancestry, age, or disability. It is IHS's responsibility to ensure that its subcontractors comply with this section. 9. Severability. Any section or provision of this Agreement that is held invalid by a court of competent jurisdiction shall be stricken,and the remainder of this Agreement shall continue in full effect. 10. Counterparts. The Parties may execute this Agreement in one or more counterparts,each of which shall be deemed an original, but all of which together shall be deemed on and the same instrument. 11. Authority. By such person's signature below, the person executing this Agreement on behalf of a Party warrants that such person has authority to sign on behalf of that Party. 12. Approval Required. This Agreement shall not become effective or binding until approved and executed by the Parties' respective governing boards. IN WITNESS WHEREOF, the authorized agent or representatives of Meridian and IHS execute this Agreement and make it effective on the Effective Date first written above. Idaho Humane Society,Incorporated: By: Dr. Jeff Rosenthal, I of Executive Officer City of Meridian: By: Robert E. Simison,Mayor 11-30-2021 ATTEST: Chris Johnson, City Clerk By Adrienne Weatherly, Deputy City Clerk 11-30-2021 MERIDIAN—IHS AGREEMENT,JANUARY—SEPTEMBER 2022 6 Page 148 Item#8. EXHIBIT A Scope of Service The terms and conditions contained in this scope of service are expressly made a part of this Animal Welfare and Enforcement Agreement. IHS shall not be required to perform any task or be responsible for any duty, except as expressly stated herein. 1. Statutes and Ordinances. IHS shall perform its duties under this Agreement in accordance with federal, state, and local laws and regulations. IHS shall act as a limited agent for Meridian to enforce applicable animal provisions of that Meridian's codes and applicable animal provisions of Idaho Code, and shall be responsible for selecting and training qualified animal enforcement and administration officers and employees to carry out these services. IHS shall enforce Meridian City Code, Title 6, Chapter 2, and carry out the duties of the animal control officer as set forth therein, including, without limitation: seizing and impounding animals that are at large and unattended in city limits; seizing, impounding, and euthanizing animals in accordance with IHS policies and the provisions of Meridian City Code; removing and properly disposing of the carcass of any dead animal found in any public place; declaring that an animal is abandoned; deciding whether an abandoned animal shall be euthanized or made available for adoption; declaring that a dog is a vicious dog; issuing uniform citations for violations of Meridian City Code; and providing the Meridian City animal shelter,to include adequate physical accommodations,materials,and staffing to provide basic housing, feeding, watering, vaccination, and supervision of animals impounded therein. II. Animal Code Enforcement. IHS shall act as the limited agent for Meridian in enforcing applicable animal code provisions of Meridian's codes and shall be responsible for selecting and training qualified animal enforcement and administration officers and employees to carry out these services. A. General Enforcement. 1. General Hours and Days of Service. Enforcement services shall operate seven(7) days per week, from 8:00 a.m.to 7:00 p.m. 2. In performing duties under this Scope of Service: a. IHS shall timely investigate all complaints and calls for animal enforcement service, and as contemporaneously as possible, draft clear and complete reports sufficient to support the prosecution of the offense. b. IHS shall collect available evidence at the time of investigation and shall include it with the corresponding reports as may be necessary. c. IHS shall timely file all citations and reports with the Court and/or prosecutor, as appropriate. d. Upon request by Meridian,IHS shall timely provide to Meridian copies of the citation, reports, or evidence. e. IHS shall appear on time for all court hearings and trials and shall be fully prepared to testify, including, without limitation: having reviewed all relevant reports, audio EXHIBIT A- 1 Page 149 Item#8. recordings, video recordings, and other records and evidence in regard to which the subpoenaed IHS employee may be asked to testify. f. For any cases involving animal cruelty and nuisance violations (i.e., bites, barking, aggressive behavior, etc.) the investigating IHS Animal Control Officer shall search IHS's internal case management database for any prior incidents involving the same suspect animal-owner and/or animal. If prior incidents are discovered, a reference to such priors shall be included in the current investigation report. g. IHS officers and/or employees shall obey subpoenas and notify Meridian at the earliest opportunity of any scheduling conflicts that may prevent the appearance of a subpoenaed IHS employee at a scheduled court date or meeting. h. Meridian's designated prosecutor shall notify IHS at the earliest opportunity of any changes, delays, or cancellations of any court hearings or meetings to which the IHS employee is subpoenaed or scheduled to attend. i. IHS shall provide to Meridian an accurate telephone contact list containing the names, titles and direct office telephone numbers of IHS CEO, CFO, Director of Animal Control,Dispatch and Night Dispatch, and the work cell phone numbers, if any, for all Animal Control Officers. IHS shall provide Meridian updated contact lists within thirty(30)days of any changes. j. All IHS staff, including, without limitation: Animal Control Officers, and animal welfare dispatch staff,shall return all telephone messages and emails within forty-eight (48)hours of receipt of the message or email. k. Meridian shall return all telephone messages and emails from IHS employees within forty-eight(48)hours of receiving the message or email. B. Emergency Services. 1. Hours and Days of Emergency Services. IHS shall operate emergency services twenty- four(24)hours per day, seven(7)days per week. 2. Staffing. IHS employee staffing levels shall be sufficient to provide on-going emergency services to Meridian. For purposes of this Agreement,"Emergency Services"shall include field calls for the following: a. Injured stray dog or cat; b. Dog bite or cat bite with animal still at-large; c. Dog bite of such severity to require quarantine of the animal; d. Vicious or threatening dog with the dog still at-large, constituting a threat to persons or domesticated animals; e. Animal, caught in a trap that is making a disturbance, or that is injuring itself; f. Dog, cat, or livestock causing traffic safety issue; EXHIBIT A-2 Page 150 Item#8. g. Animal cruelty violations; h. Dangerous animal at-large; i. Exotic animals and wildlife; j. Multiple calls received on the same non-emergency animal-related problem (IHS officer to be on-call, and police dispatch will evaluate the circumstances to determine whether to respond); and k. Request from a law enforcement agency, received after the hours of regular enforcement services, for assistance with an animal. C. IHS Employee Training. 1. New Hires. All new IHS Animal Control Officers and Dispatchers shall be provided adequate training by IHS. Such professional training shall include, without limitation: citation writing, incident report writing, witness interviewing and investigation skills, evidence collection, case management, preparation for court appearances, and court testimony. 2. On-Going Training. IHS shall provide on-going training to its IHS Animal Control Officers and Dispatchers for any gaps in skill sets and to address issues raised by Meridian regarding the performance of humane services by IHS in their jurisdictions. III. Animal Welfare Services. IHS shall provide animal welfare services within the territorial limits of Meridian, including investigating complaints,responding to calls for service,patrolling(as time and personnel permit), issuing citations to suspected violators and following through by appearing to testify in court as appropriate, apprehending and impounding stray and other animals, picking up dead or injured animals within the public areas within the territorial limits of Meridian. A. General Animal Welfare Services. IHS employee staffing levels shall be sufficient to provide the on-going general animal welfare services within the jurisdictions of Meridian as follows: 1. Impoundment of free-roaming animals to protect the public from animal attacks,bites,and accidents caused by such free-roaming animals. 2. Protection of public health through animal disease surveillance in conjunction with the Idaho Department of Health and Welfare. 3. Quarantine of disease-suspect and bite case animals. 4. Participation in local disaster planning to address animal-related issues. 5. Protection of animals by: a. enforcement of cruelty to animals' statutes and codes; b. transport of strays to IHS's shelter; and EXHIBIT A-3 Page 151 Item#8. c. the transport of injured animals to IHS's veterinary hospital or other critical care facilities. 6. Removal and disposition of dead animals,whether wild or domesticated,from public areas of Meridian'jurisdictions. 7. Coordination with appropriate governmental agencies, private entities, and volunteer service groups to respond to reports of injured wild animals and provide transportation of such animals to veterinary hospitals or local wild animal rehabilitation facilities. IHS to act as a liaison in these cases(rather than referring the public to a different agency or entity) to create a great customer service experience and to ensure that animals are safe. 8. The provision of field services include, without limitation, responding to the following complaints and calls for service: a. dog at large; b. trapped dog(or other animals); c. livestock at large; d. excessive dog barking; e. unlicensed dog; f. dog or cat without rabies vaccination; g. dogs threatening a person or domestic animal; h. dog or cat bite; i. injured or sick stray dog, cat, or other animals(including wild animals); j. abandoned or mistreated animal; k. negligently confined animal; 1. animal cruelty or neglect; in. dead dog, cat, or other animals(including wild animals); n. private kennel inspection; o. prohibited or dangerous mammal or reptile investigation; and p. unsanitary premises(e.g., excessive animal waste inspection). B. Shelter Services. 1. Shelter Services shall be open to the public seven (7) days per week from 10:00 a.m. to 6:00 p.m. EXHIBIT A-4 Page 152 Item#8. 2. IHS employee staffing levels shall be sufficient to provide the on-going shelter services for Meridian. For purposes of this Agreement, "Shelter Services"shall include: a. Maintaining a lost and found program for animals. b. Holding stray or lost animals in accordance with the applicable Meridian ordinance. c. Examining stray and lost animals for licenses or identification chips, and if a license or chip is found,to make a reasonable attempt to return such animal to its owner. d. Coordinating with IHS's veterinary clinic to ensure that all dogs and cats are spayed or neutered prior to adoption. C. Inspection of Breeding Operations. IHS shall assist in the inspection of breeding operations, pet stores, and vendors of pets for compliance with Meridian's applicable ordinances. IV. Promotion of Responsible Animal Ownership. A. Promotion of Animal Code Compliance. IHS shall provide services designed to support the goal of responsible animal ownership in the respective territorial limits of Meridian, including, without limitation, public information and education, making recommendations for needed changes in policies, fees, ordinances and legislation, and other community animal welfare matters. IHS shall strive to reduce animal-related violations and increase voluntary compliance with animal-related provisions. This goal may be achieved by vigorous and prompt animal code enforcement,public education,and positive reinforcement for responsible pet owners who abide by the law. B. Reduction in Surrender, Impoundment,and Euthanization of Animals. The Parties shall seek to reduce the number of animals surrendered and impounded at the IHS shelter and subsequently euthanized. For purposes of this Scope of Service and the underlying Agreement, an "Impounded Animal" is any animal picked up by IHS, Meridian, or a private citizen and then delivered to IHS. C. Humane Education Classes. IHS shall provide court-ordered humane animal education classes to individuals convicted of animal cruelty and neglect regularly(no less frequently than every sixty(60)days). IHS may charge a fee for such humane animal education classes,which is paid by the individuals who attend such classes. D. Promote Animal Adoptions;Spay and Neuter. To maximize the live-release rate of animals, IHS will make reasonable efforts to promote animal adoptions. IHS shall continually educate the public (with special educational outreach provided by IHS to local youth) regarding the benefits of spaying or neutering pets. E. Promote Dog License Code Compliance. IHS shall promote citizen compliance with dog license ordinance provisions through participation in and cooperation with Meridian's licensing programs. F. IHS Recommendations. IHS may provide Meridian with written recommendations for amendments to Meridian's animal-related ordinances or fee schedule in writing. Whether to accept and adopt such recommendations is in the sole discretion of Meridian. EXHIBIT A-5 Page 153 Item#8. V. Recordkeeping; Reports and Documentation; Operating Procedures. A. Recordkeeping. IHS shall prepare and maintain complete and accurate records regarding the performance of Scope of Services, including, without limitation, detailed annual operating expenses records and the disposition of Impounded Animals. IHS shall account for services under this Agreement separately from other functions to the extent administratively feasible and shall provide a reasonable basis for allocated costs. 1. Operating Expense Records. IHS shall maintain accurate and complete records of its operating expenses in connection with the Scope of Services. The records shall be maintained in such a manner that IHS can provide information about its animal enforcement operating expenses separately from its other operations for Meridian. 2. Fees Reconciliation Records. IHS shall maintain accurate and complete records of the fees it collects on behalf of each of Meridian. Each year as part of its annual report to Meridian, IHS shall accurately reconcile all the fees on behalf of Meridian for the purpose of calculating the offset amount of Meridian's paid portion of IHS's annual operating expenses. B. Annual Report. IHS shall provide a written annual report, no later than January 31 st of each year to each of Meridian. The annual report shall be written in the format provided in Schedule 1, attached hereto and incorporated by reference, and share information regarding IHS's operational expenses, collection and reconciliation of fees, provided service levels, and education efforts provided to Meridian for the prior twelve (12) months. IHS shall maintain books,records,reports,and accounts adequate to allow the auditor to fully evaluate,assess and audit IHS's performance of the Scope of Service, as provided further in Section E of the Agreement. 1. In-Person Presentation. Meridian may request IHS to present the annual report or a subsequent report to its governing body at a public meeting. The in-person presentation shall occur within thirty(30)days of the request. 2. Target Service Levels Documentation. Part of the annual report to Meridian shall include documentation showing the current service levels in the Meridian jurisdiction in comparison to a three-year average baseline and provide projected target service levels for the next twelve(12)months. The documentation shall include statistical information with respect to the following services: a. number of field calls within the jurisdictions of Meridian, sorted by call category; b. IHS shall make available to Meridian the raw data of IHS Animal Control Officer response times to the calls for service upon request. IHS shall calculate and provide the average response times to calls for service within Meridian; c. number of citations issued for animal code violations; d. number of reports written and routed for prosecutor screening; e. number of Impounded Animals; f. number of days Impounded Animals were boarded; EXHIBIT A-6 Page 154 Item#8. g. number of Impounded Animals returned to the owner; h. number of animals adopted; i. number of dog licenses sold by IHS; j. number of spay and neuter procedures performed; k. number of volunteer hours logged; 1. number of animals fostered; and m. number of live-release rates for dogs and cats. C. Requested Reports and Documentation. Meridian may request that IHS provide reports or documentation in addition to the annual report as may be necessary to assist Meridian in its budgeting process. IHS shall timely respond to all Meridian requests for additional reports and documents. D. Standard Operating Procedures. IHS shall develop internal standard operating procedures and policies ("SOPs") related to the services provided under this Agreement. All applicable IHS employees are to be trained on these SOPs. Upon request,IHS shall produce a current and accurate written copy of these SOPs. EXHIBIT A-7 Page 155 Item#8. SCHEDULE 1 FORM OF ANNUAL REPORT Idaho Humane Society Annual Statistics Date:January ,20 Ada County Kuna Boise Meridian Combined Total City/County Field Calls divided by category: Aggressive Attack Barking Bite Dead/Injured Dog at Large Large/Small Animal Cruelty/Neglect Miscellaneous Pickup-Cat Pickup-Dog Total amount of calls IHS average response times to Calls for Service Number of citations issued for Animal Code violations Number of reports written and routed for prosecution Number of animals handled Number of animals impounded Average number of boarded days per animal Number of animals returned to owner Live-Release rate total Cats Dogs Number of spay/neuter procedures performed Number of animals fostered Number of animals adopted Number of city licenses sold by IHS Number of volunteer hours logged Signature Date SCHEDULE Page 156 Item#8. SCHEDULE 2 DOG LICENSING FEES The City of Meridian hereby authorizes and empowers IHS to issue dog licenses on behalf of Meridian in accordance with all applicable provisions of Meridian City Code and the following terms: A. Issuance of dog licenses: IHS shall issue dog licenses only after verification of compliance with all provisions of Meridian City Code section 6-2-3(A)(2), including,but not limited to: 1. Verification that the owner of any dog to be licensed is eligible for the license fee sought to be paid, i.e.,whether dog to be licensed is neutered or spayed;whether dog owner/user is visually or hearing impaired or disabled;whether dog owner is training such dog as seeing eye,hearing ear, or guide dog; and/or whether replacement license tag will indeed replace validly issued, lost tag. 2. Collection of appropriate license fee. B. Rabies education. IHS shall provide to each dog owner to whom a dog license is issued written information regarding the importance of vaccinating dogs against rabies. C. Official log: IHS shall keep an official, monthly, written log of all dog licenses issued by IHS on the form provided by City and shall keep such written log complete and current at all times. D. Administrative fee: City hereby authorizes IHS to collect and keep an administrative fee of fifty percent(50%)of the amount of each dog license fee collected on City's behalf. E. Monthly submission to City Clerk: City shall provide dog license tags to IHS. At the end of each month during the term of this Agreement, IHS shall submit to the Meridian City Clerk: 1. All dog license fees collected by IHS on City's behalf; and 2. A true and correct copy of the IHS's monthly log, completed in full. Such fees and log shall be submitted to the Meridian City Clerk no later than the tenth (loth) day of the month following the month for which the fees were collected and the monthly log completed. F. Remission of discrepancy:If,following the Meridian City Clerk's review and accounting of IHS's issuance of dog licenses, the Meridian City Clerk notifies IHS of a discrepancy in fees collected and data reported by IHS in the log or quantity of unissued tags, IHS shall remit to City funds in the amount of such discrepancy. IHS's obligation to remit to City funds in an amount corresponding to the number and type of dog licenses issued and the number of unissued dog license tags returned to City shall not be excused for any reason,regardless of IHS's assertion of loss,theft, misplacement,mistake, or mismanagement of fees,tags, and/or data. SCHEDULE Page 157 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Master Interagency Governmental Agreement Between the City of Meridian and the Meridian Library District for Waiver of Costs and Fees Page 158 Item#9. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Bill Nary, City Attorney Meeting Date: November 30, 2021 Presenter: Bill Nary, City Attorney Estimated Time: .5 minutes Topic: Master Interagency Governmental Agreement with the Meridian Library District for Waiver of Costs and Fees Recommended Council Action: Approve the agreement and authorize the Mayor's signature. Background: This master agreement outlines the general terms and conditions under which the City will waive development and building fees for construction projects undertaken by the Meridian Library District. The agreement contemplates that when MLD starts a specific project, MLD will contact the City Attorney, and he will notify City staff in Community Development,who will calculate the specific amount of fees that will be waived, pursuant to the terms of the master agreement and according to the City's fee schedule. Then the City Attorney will prepare a task order for waiver of specific fees for that project,to be reviewed and signed by the MLD Board, approved by City Council, and signed by the Mayor. Page 159 MASTER INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES This MASTER INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES ("Agreement") is made and entered into this 30th day of November , 2021 ("Effective Date"), by and between Meridian Library District, a public library district organized under the laws of the State of Idaho ("District") and the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") (collectively, "Parties"), WHEREAS, District is a public library district organized and operating pursuant to Title 33, Chapter 27, Idaho Code, and City is a municipal corporation organized and operating pursuant to Title 50, Idaho Code; WHEREAS,both Parties are taxing districts, as defined by Idaho Code § 63-201, and serve largely the same constituencies, comprised of the same taxpayers; WHEREAS, District and City desire to enter into a fee waiver agreement whereby neither party may be obligated to pay certain specified fees or charges to the other; and WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes,powers, rights, objectives and responsibilities of the contracting parties; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and District agree as follows: I. Purposes; powers. In accordance with Idaho Code § 67-2332, the purposes,powers, rights, and objectives of each of the parties are as set forth in the recitals above. Each of the recitals above are incorporated into the body of this Agreement. II. Fees to be waived; generally. During the term of this Agreement, District shall not be obligated to pay to City the following enumerated fees and charges. A. Impact fees. City shall waive impact fees that would otherwise be assessed by City pursuant to Title 10, Chapter 7, Meridian City Code. B. Development application fees. City shall waive application fees for development applications submitted to City by District. C. Building permit fees—City employee services. City shall waive fees for building permits submitted by District for which services are provided by City employees. City INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES PACiE. I Item#9. shall not waive fees for building permits submitted by District for which services are provided by independent contractors. D. Plan review fees--City employee services. City shall waive fees for building and fire plan review services provided to District by City employees. City shall not waive fees for building and fire plan review services provided to District by independent contractors. III.Process for fee waiver; specific projects. District shall initiate,and City shall process, a fee waiver request pursuant to the following procedure: A. Request. District may make a request that City waive fees under this Agreement for a particular project by submitting a written request for such waiver to the City Attorney. B. Enumeration and amount of waivable fees. The City Attorney shall consult City staff in the Community Development, Public Works, and other City departments, as necessary to determine which fees qualify for a waiver pursuant to the terms of this Agreement, and the amount of each type of fee to be waived. C. Task order. The City Attorney shall prepare a task order enumerating the type and amount of fees to be waived by City pursuant to this Agreement. Following execution of such task order by the respective governing boards of the Parties, the City shall waive otherwise applicable fees, pursuant to the terms of this Agreement and such task order. IV.Fees not waived. City shall not waive the following fees, except and unless by written amendment or separate agreement signed by both Parties: A. Utility fees. City shall not waive fees for any service related to utilities (e.g., water, sewer, reclaimed water, meters, assessments). B. Fees not enumerated. City shall not waive applicable fees for any service except as specifically set forth in this Agreement. V. General provisions. A. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, or sent via e-mail, addressed as follows: District: City: Director City Clerk Meridian Library District City of Meridian 1326 W. Cherry Lane 33 E. Broadway Ave. Meridian 1D 83642 Meridian ID 83642 director@mld.org cityclerk@.meridiancity.org INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES PAGE 2 Page 161 Item#9. Either party may change its address for the purpose of this provision by giving written notice of such change in the manner herein provided. B. Term.This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on September 30, 2031, unless earlier extended or terminated. The term of this Agreement may be extended by written mutual agreement of District and City. If the parties fail to mutually extend this Agreement, and neither has terminated, the term of this Agreement, or such other terms as the parties have agreed upon in writing, shall be renewed automatically for one-year periods thereafter unless terminated by either party in the manner provided in this Agreement. C. Termination. Either party may terminate this Agreement upon sixty (60) days' written notice to the other, provided, however, that any fees that would have been due and payable by the terminating party eighteen (18) months prior to the date of termination that were not owed due to the existence of this Agreement shall become immediately due and payable, and shall be paid on the date of termination of this Agreement. D. Waiver. Each party shall waive and releases the other, and its agents, employees, heirs, executors, administrators, assigns, and/or personal representatives, from any and all civil claims and/or rights for damages that each party or such other persons or entities now have or may have hereafter have against the other and/or its employees, agents, officials, officers,volunteers, and guests, suffered in connection with or arising out of this Agreement. E. Constitutional debt limitation. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. F. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. G. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. H. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. I. Waiver, acknowledgments and modifications. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such parry's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES PAGE 3 Page 162 Item#9. this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by District and City. J. Scope of relationship. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. K. Time is of the essence. Time shall be of the essence for all events and obligations to he performed under this Agreement- L. Compliance with law. Throughout the course of this Agreement, the Parties shall comply with any and all applicable federal, state, and local laws. M. Nondiscrimination. Throughout the course of this Agreement, District shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation, or any physical, mental, or sensory handicap. N. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. O. Governing boards' approval required. The validity of this Agreement shall be expressly conditioned upon action by the respective governing boards of the Parties to approve the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the Effective Date written above. MERIDIAN LIBRARY DISTRICT: lyu4wy) fcu�� Megan Lars n, Chair Meridian Lib District Board of Trustees CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 11-30-2021 Chris Johnson, City Clerk By Adrienne Weatherly, Deputy City Clerk 11-30-2021 INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AHD FEES PAGE 4 Page 163 Item#11. E IDIAN 'aAll AGENDA ITEM ITEM TOPIC: Legal/Police Department: Presentation Regarding Idaho Opioid Settlement Intrastate Allocation Agreement Page 164 Item#11. Mayor Robert E. Simison E IDIAN*w�- City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault H Luke Cavener Liz Strader TO: Robert E. Simison and Members of the City Council FROM: Kurt Starman, Deputy City Attorney and Tracy Basterrechea, Police Chief RE: Idaho Opioid Settlement Intrastate Allocation Agreement DATE: November 22, 2021 MEMORANDUM The State of Idaho recently joined two nationwide settlement agreements that resolve several opioid- related claims against Johnson&Johnson and three opioid distributors. Unless the City intends to pursue its own claims against Johnson&Johnson and the distributors, it would be advantageous for the City to join these settlement agreements, as well. Based on the default allocation formula in the settlement agreements, the City would receive approximately$431,000 over 17 years to combat the opioid crisis. These funds could be used, for example, to assist the Meridian Anti-Drug Coalition with its efforts. As noted above, the settlement agreements include a default allocation formula. However, the settlement agreements also allow each state to develop its own allocation formula. Consequently, the State of Idaho is proposing an Intrastate Allocation Agreement that would modify the default allocation formula. Under the default allocation formula, settlement funds would be distributed as follows: 15 percent to the State; 15 percent to cities and counties; and 70 percent to a trust fund which would be administered by a committee. Under the Intrastate Allocation Agreement, the State would receive 40%; cities and counties would receive 40%; and the State's regional health districts would receive 20%. Under this formula, it is anticipated the City would receive approximately $1,150,000 over 17 years (as opposed to $431,000 under the default allocation formula). Further, the City would be eligible to receive additional funding associated with other pending opioid claims, including claims against Purdue Pharma. One disadvantage, however, is that the Intrastate Allocation Agreement includes additional reporting and accounting requirements, including a requirement for an audit each year that could cost up to $7,000. Nevertheless, the Intrastate Allocation Agreement is superior to the default allocation formula because it would provide far more funding to the City to combat the opioid crisis. The nationwide settlement agreements are not yet in final form. It is anticipated, however, that the settlement agreements will be ready for the City Council's consideration within the next 45 days. In the interim, the State is requesting that cities and counties approve the Intrastate Allocation Agreement by December 3, 2021. Therefore, Staff recommends that the City Council approve the Intrastate Allocation Agreement. Ciity Attorney's Office . 33 E. Broadway Avenue, Suite#306 . Meridian, ID 83642 page 165 Phone 208-898-5506 . www.meridiancity.org Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Idaho Opioid Settlement Intrastate Allocation Agreement Between the State of Idaho, Health Districts, and Eligible Local Governments Page 166 Item#12. Mayor Robert E. Simison E IDIAN*w�- City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault H Luke Cavener Liz Strader TO: Robert E. Simison and Members of the City Council FROM: Kurt Starman, Deputy City Attorney and Tracy Basterrechea, Police Chief RE: Idaho Opioid Settlement Intrastate Allocation Agreement DATE: November 22, 2021 MEMORANDUM The State of Idaho recently joined two nationwide settlement agreements that resolve several opioid- related claims against Johnson&Johnson and three opioid distributors. Unless the City intends to pursue its own claims against Johnson&Johnson and the distributors, it would be advantageous for the City to join these settlement agreements, as well. Based on the default allocation formula in the settlement agreements, the City would receive approximately$431,000 over 17 years to combat the opioid crisis. These funds could be used, for example, to assist the Meridian Anti-Drug Coalition with its efforts. As noted above, the settlement agreements include a default allocation formula. However, the settlement agreements also allow each state to develop its own allocation formula. Consequently, the State of Idaho is proposing an Intrastate Allocation Agreement that would modify the default allocation formula. Under the default allocation formula, settlement funds would be distributed as follows: 15 percent to the State; 15 percent to cities and counties; and 70 percent to a trust fund which would be administered by a committee. Under the Intrastate Allocation Agreement, the State would receive 40%; cities and counties would receive 40%; and the State's regional health districts would receive 20%. Under this formula, it is anticipated the City would receive approximately $1,150,000 over 17 years (as opposed to $431,000 under the default allocation formula). Further, the City would be eligible to receive additional funding associated with other pending opioid claims, including claims against Purdue Pharma. One disadvantage, however, is that the Intrastate Allocation Agreement includes additional reporting and accounting requirements, including a requirement for an audit each year that could cost up to $7,000. Nevertheless, the Intrastate Allocation Agreement is superior to the default allocation formula because it would provide far more funding to the City to combat the opioid crisis. The nationwide settlement agreements are not yet in final form. It is anticipated, however, that the settlement agreements will be ready for the City Council's consideration within the next 45 days. In the interim, the State is requesting that cities and counties approve the Intrastate Allocation Agreement by December 3, 2021. Therefore, Staff recommends that the City Council approve the Intrastate Allocation Agreement. Ciity Attorney's Office . 33 E. Broadway Avenue, Suite#306 . Meridian, ID 83642 page 167 Phone 208-898-5506 . www.meridiancity.org Item#12. IDAHO OPIOID SETTLEMENT INTRASTATE ALLOCATION AGREEMENT BETWEEN THE STATE OF IDAHO, HEALTH DISTRICTS,AND ELIGIBLE LOCAL GOVERNMENTS The State,by and through the Attorney General, and the undersigned Participating Local Governments and Participating Health Districts, in consideration of the promises and the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, enter into this Idaho Opioid Settlement Intrastate Allocation Agreement("Agreement") and covenant and agree as follows: General Principles Capitalized terms not defined below have the meanings set forth in the Definitions section of this Agreement. • The people of the State of Idaho and Idaho communities have been harmed by the opioid epidemic, which was caused by misconduct committed by certain entities within the Pharmaceutical Supply Chain. • The State of Idaho, ex rel. Lawrence Wasden,Attorney General (the "State"), and certain Participating Local Governments are separately engaged in litigation seeking to hold the Pharmaceutical Supply Chain Participants accountable for the damage they caused. • The State, Health Districts, and the Participating Local Governments share a common desire to abate and alleviate the impacts of the Pharmaceutical Supply Chain Participants' misconduct throughout the State of Idaho. • Settlements resulting from the investigations and litigation with Johnson&Johnson, AmerisourceBergen, Cardinal Health, and McKesson have taken the form of National Settlement Agreements. • This Agreement is intended to facilitate compliance by the State and by the Participating Local Governments with the terms of the National Settlement Agreements and, to the extent appropriate, with other settlements related to the opioid epidemic reached by both the State and Participating Local Governments. • Idaho's share of settlement funds from the National Settlement Agreements will be maximized only if all Idaho Local Governments of a certain size participate in the settlements. • The National Settlement Agreements will set a default allocation between each State and its political subdivisions unless they enter into a state-specific agreement regarding the distribution and use of settlement amounts (a"State-Subdivision Agreement"), and this Agreement is intended to serve as such a State-Subdivision Agreement under the National Settlement Agreements. • The State and certain Participating Local Governments are also involved in ongoing litigation with other Pharmaceutical Supply Chain Participants and the aforementioned investigations and litigation have caused some Pharmaceutical Supply Chain Participants 1 Page 168 Item#12. to declare bankruptcy, and they may cause additional entities to declare bankruptcy in the future. • This Agreement is also intended to serve as a State-Subdivision Agreement for future resolutions of claims through settlement or in bankruptcy court where both the State and Participating Local Governments have filed suit concerning alleged misconduct in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic and the resolution of such claims provide for payments (including payments through a trust) to both the State and Participating Local Governments and allow for the allocation between a state and its political subdivisions to be set through a state-specific agreement ("Future Resolutions"). This includes but is not limited to serving as a Statewide Abatement Agreement under the bankruptcy resolutions in In re Purdue Pharma L.P., et. al., Case No. 19-23649 (RDD) (Bankr. S.D.N.Y.) and In re Mallinckrodt PLC, et al., Case No. 20-12522 (JTD) (Bankr. D. Del.). • The State is participating in litigation and investigations of certain other Pharmaceutical Supply Chain Participants for which Participating Local Governments are not involved and resolution of such claims are not subject to this Agreement. A. Definitions As used in this Agreement 1. The terms "Future Resolutions,""State," and"State-Subdivision Agreement" are defined under General Principles in this Agreement. 2. "Approved Purpose(s)" shall mean those uses identified in the agreed Opioid Abatement Strategies attached as Exhibit A. 3. "Governing Body"means(1)for a county,the board of county commissioners; (2) for a municipality, the city council; and(3) for a health district, the district board of health. 4. "Health Districts" shall mean the seven regional public health districts created pursuant to Title 39, Chapter 4, Idaho Code. 5. "Litigating Participating Local Governments"means the Participating Local Governments that filed an initial complaint in the Opioid Litigation by September 1, 2020. 6. "MDL Litigation"means the matter captioned In re: National Prescription Opiate Litigation, MDL 2804 (N.D. Ohio). 7. "National Settlement Agreements"means the national opioid settlement agreements dated July 21, 2021, with Settling Defendants Johnson&Johnson and Distributors AmerisourceBergen, Cardinal Health and McKesson as well as their subsidiaries, affiliates, officers, and directors named in the National Settlement Agreements, including all amendments thereto. 2 Page 169 Item#12. 8. "Non-Litigating Participating Local Governments"means the Participating Local Governments who are not Litigating Participating Local Governments. 9. "Non-Participating Health District"means a Health District who is not a Participating Health District. 10. "Non-Participating Local Government"means a city or county who is not a Participating Local Government. 11. "Opioid Funds" shall mean monetary amounts obtained through the National Settlement Agreements and Future Resolutions as defined in this Agreement. Not included are funds paid to the State to resolve State claims against Pharmaceutical Supply Chain Participants for which Participating Local Governments were not a party or did not otherwise participate. Also not included are funds paid to Participating Local Governments solely to resolve Participating Local Governments' claims against Pharmaceutical Supply Chain Participants, not claims by the State. 12. "Opioid Litigation"means existing or potential legal claims against Pharmaceutical Supply Chain Participants seeking to hold them accountable for the damage caused by their misfeasance, nonfeasance, and malfeasance relating to the unlawful manufacture, marketing,promotion, distribution, or dispensing of prescription opioids. 13. "Participating Local Government" shall mean a county or city within the geographic boundaries of the State who participates in this Agreement and who participates in the National Settlement Agreements and/or Future Resolutions. A Local Government may be a Participating Local Government under the National Settlement Agreements and not for some or all Future Resolutions or vice versa if it does not choose to participate in the National Settlement Agreements or some or all Future Resolutions. Eligible local governments include: (1) all counties within the State of Idaho; and(2) cities within the State of Idaho who are either involved in Opioid Litigation or who have a population of over 10,000.1 For the avoidance of doubt, a county or city must sign this Agreement to become a"Participating Local Government." 14. "Participating Health District" shall mean a Health District who agrees to participate in this Agreement and in the National Settlement Agreements and/or Future Resolutions. A Health District may be a Participating Health District under the National Settlement Agreements and not for some or all Future Resolutions or vice versa if it does not choose to participate in the National Settlement Agreements or some or all Future Resolutions. For the avoidance of doubt, a Health District must sign this Agreement to become a "Participating Health District." 15. "Parties" shall mean the State, Participating Health Districts, and Participating Local Governments. 16. "Pharmaceutical Supply Chain" shall mean the process and channels through which licit opioids are manufactured, marketed, promoted, distributed, or dispensed. 'All references to population in this Agreement shall refer to published U. S.Census Bureau population estimates as of July 1,2019,released March 2020,and shall remain unchanged during the term of this Agreement. These estimates can currently be found at https://www.census.gov/data/datasets/time-series/demo/popest/2010s-counties- total.html. 3 Page 170 Item#12. 17. "Pharmaceutical Supply Chain Participant" shall mean any entity that engages in or has engaged in the manufacture, marketing,promotion, distribution, or dispensing of licit opioids. 18. "Public Health District Fund"means the fund established under Idaho Code § 39-422. 19. "State-Directed Opioid Settlement Fund"means the fund established under Idaho Code § 57-825. B.Allocation of Settlement Proceeds 1. All Opioid Funds shall be divided with forty percent(40%)to the State ("State Share"); forty percent(40%)to the Participating Local Governments ("LG Share"); and twenty percent (20%)to the Participating Health Districts ("HD Share").2 2. All Opioid Funds, regardless of allocation, shall only be utilized for Approved Purposes included in Exhibit A. Compliance with this requirement shall be verified through reporting, as set out in Section D of this Agreement. The parties acknowledge that under the terms of the National Settlement Agreements there are certain allowed non-Opioid Remediation expenditures which require additional reporting under those agreements. Additionally, the parties acknowledge that under the National Settlement Agreements no less than eighty-five percent(85%) of the funds must be used for Opioid Remediation with at least seventy percent(70%) of funds used solely for future Opioid Remediation. 3. Receipt and Distribution of the State Share: Funds will be deposited into the State- Directed Opioid Settlement Fund after payment of attorney's fees and costs to the State's outside counsel as provided in Section C. 4. Receipt and Distribution of the LG Share: The LG Share shall be paid by check or wire transfer directly to the Participating Local Governments after payment of funds into the Idaho Attorney Fee Back-Stop Fund as provided in Section C.S. Each Participating Local Government will be allocated the percentage of the remaining LG Share as set forth in Exhibit B. Payments will be made directly to each Participating Local Government, and subject to the mechanisms for auditing and reporting set forth below to provide accountability and transparency to the public to verify appropriate use of the funds. Each Participating Local Government may elect to have its share reallocated to the Participating Health District within which it is located. Any funds allocated to a Non- Participating Local Government or to Participating Local Government that cannot be paid under the terms of this Agreement, the National Settlement Agreements, or a Future Resolution shall be allocated to the Participating Health District in which the Local Government is located. A county and some or all of its incorporated cities, in so far as all are Participating Local Governments, may enter into a separate intracounty allocation agreement to modify how the total funds available to said county and cities under Exhibit B are allocated amongst themselves. For the avoidance of doubt, a county or city must agree in writing in order to have its share reallocated under an intracounty allocation agreement. Such an agreement shall not modify any of the other terms or requirements of the National Settlements, Future Resolutions, or this Agreement. z This Agreement assumes that any opioid settlement for Native American Tribes will be dealt with separately. 4 Page 171 Item#12. 5. Receipt and Distribution of the HD Share: The HD Share shall be paid directly to the Public Health District Fund after payment of attorney's fees and costs to the State's outside counsel as provided in Section C. Funds would be allocated among each Participating Health District based on the aggregate of the percentages allocated to the Local Governments within each such Health District as determined pursuant to paragraph 4 above, and as set forth specifically in Exhibit C. These funds would also be subject to the mechanism for auditing and reporting set forth below to provide accountability and transparency to the public to verify appropriate use of the funds. Any funds allocated under Exhibit C to a Non-Participating Health District shall be allocated to the Participating Health Districts in proportion to the allocation set forth in Exhibit C. If any Participating Health District ceases to exist, the funds shall be allocated between the remaining Participating Health Districts as provided for in this paragraph. If all Participating Health Districts cease to exist, the HD Share will be split equally between the State Share and the LG Share. 6. The State, Participating Health Districts, and Participating Local Governments may coordinate for implementation of opioid remediation strategies. The Parties agree that collaboration promotes the effective use of Opioid Funds and that they will coordinate with trusted partners to collect and share information about successful regional and other high-impact strategies and opioid treatment programs. C. Payment of Counsel and Opioid Litigation Expenses 1. The Parties recognize that the funds being shared under this agreement were obtained through significant effort by outside counsel retained by the State and Litigating Participating Local Governments in the Opioid Litigation. 2. The National Settlement Agreements provide for the payment of all or a portion of the attorney's fees and legal expenses owed by the State and Litigating Participating Local Governments to outside counsel retained for Opioid Litigation. To effectuate this the court in the MDL Litigation has established a common benefit fund to compensate attorneys for services rendered and expenses incurred that have benefitted plaintiffs generally in the litigation (the"Common Benefit Fund"). The Parties anticipate that Future Resolutions may also provide for the payment of all or a portion of attorney's fees and legal expenses. 3. If funds for attorney's fees and expenses under the National Settlement Agreements, Future Resolutions, and the Common Benefit Fund are insufficient to cover the attorney fee obligations of the State and Litigating Participating Local Governments (as modified by Judge Polster's August 6, 2021 Order in the MDL Litigation), the deficiencies will be covered as set forth in further detail below. 4. Deficiencies for outside counsel for the State shall be paid as follows: a. As a means of covering any deficiencies in payment for outside counsel retained by the State specifically for Opioid Litigation, five percent (5%) of the State Share and five percent(5%) of the HD Share from the National Settlements and Future Resolutions not exempt under Section C.7 shall be sent to outside counsel prior to payment to the State-Directed Opioid Settlement Fund and the Public Health 5 Page 172 Item#12. District Fund. No funds from the LG Share shall be used to pay attorney's fees for outside counsel for the State. b. Outside counsel for the State shall maintain the funds in a separate trust account, not comingled with other funds. Outside counsel for the State shall make application to the Idaho Attorney General's Office for payments out of the trust account for a deficiency, meaning the difference between what their fee agreements would entitle them to (as limited by this Section) minus what they have already collected from attorney fee funds established under the National Settlement Agreements and Future Resolutions and the Common Benefit Fund. c. Any remaining funds in the account in excess of the amounts needed to cover the deficiency in attorney's fees as provided in this Section shall revert back to the State Share and HD Share and shall be allocated as provided in Section B. d. Outside counsel for the State shall make a report to the Idaho Attorney General's Office every two (2) years setting forth the balance of the trust account and any outstanding potential deficiencies in order for the Idaho Attorney General's Office to assess whether the trust fund is overfunded and funds should be reverted or underfunded and more funding should be provided. 5. Deficiencies for outside counsel for Litigating Participating Local Governments shall be paid as follows: a. As a means of covering any deficiencies in payment for outside counsel retained by Participating Local Governments specifically for the Opioid Litigation, a supplemental Idaho Attorney Fee Back-Stop Fund shall be established. b. The Idaho Attorney Fee Back-Stop Fund shall be funded by ten percent (10%) of the LG Share from the National Settlement Agreements and Future Resolutions not exempt under Section C.7. No funds from the State Share and HD Share shall be used to pay attorney's fees to counsel for the Litigating Participating Local Governments. If some or all of the Participating Local Governments believe that ten percent(10%) will not be sufficient to cover a deficiency in attorney's fees those Participating Local Governments can enter into an agreement to hold back an additional amount of up to two and one-half percent (2.5%) of the LG Share allocated to those Participating Local Governments under Exhibit B to be put into the Idaho Attorney Fee Back-Stop Fund. For the avoidance of doubt, no funds above the original ten percent (10%) shall be held back to fund the Idaho Attorney Fee Back-Stop Fund from the share allocated to a Participating Local Government under Exhibit B without their express written agreement, and in no circumstance may the overall amount withheld exceed tweleve and one-half percent(12.5%). c. Payments out of the Idaho Attorney Fee Back-Stop Fund shall be determined by majority vote of a committee ("Idaho Attorney Fee Back-Stop Fund Committee") consisting of three members: i. One (1) member appointed by the Litigating Participating Local Governments; 6 Page 173 Item#12. ii. One (1) member appointed by the Non-Litigating Participating Local Governments; and iii. One (1) member jointly appointed by all of the other members listed above. d. Outside counsel retained by Litigating Participating Local Governments may apply to the Idaho Attorney Fee Back-Stop Fund only for a deficiency, meaning the difference between what their fee agreements would entitle them to (as limited by this Section) minus what they have already collected from attorney fee funds established under the National Settlement Agreements and Future Resolutions and the Common Benefit Fund. For the avoidance of doubt, collectively, outside counsel for Litigating Participating Local Governments are limited to being paid, at most, and assuming adequate funds are available under the National Settlement Agreements, Future Resolutions, the Common Benefit Fund and the Idaho Attorney Fee Back-Stop Fund, attorney's fees totaling fifteen percent(15%) of the LG Share. e. Any funds remaining in the Idaho Attorney Fee Back-Stop Fund in excess of the amounts needed to cover the deficiency in attorney's fees as provided in this Section shall revert back to the LG Share and shall be allocated as provided in Section B. f. Applications for funds from the Idaho Attorney Fee Back-Stop Fund must be supported by an affidavit of the attorney setting forth the basis and method of computation for the attorney's fees request. The Idaho Attorney Fee Back-Stop Fund Committee may also request additional documentation to support an application. g. The Idaho Attorney Fee Back-Stop Fund Committee shall meet at least once annually to review applications and determine whether to release and/or revert funds. Every two (2) years, the Idaho Attorney Fee Back-Stop Fund Committee shall assess the amount remaining in the fund to determine if it is overfunded or underfunded. 6. The Parties agree that should a Future Resolution not provide for any payment of attorney's fees, the parties will confer and in good faith consider an amendment to this Section to provide for additional funds. 7. This Section(Section C) shall not apply to settlements involving McKinsey or the bankruptcy proceedings In re Purdue Pharma L.P., et. al., Case No. 19-23649 (RDD) (Bankr. S.D.N.Y.) and In re Mallinckrodt PLC, et al., Case No. 20-12522 (JTD) (Bankr. D. Del) or other Future Resolutions in so far as the express terms limit the payment of attorney's fees and would not allow for the payment of attorney's fees from the State Share, LG Share, and HD Share. 7 Page 174 Item#12. D. Compliance Reporting and Accountability 1. Participating Health Districts, Participating Local Governments, and the State shall maintain, for a period of at least five (5) years, records of Opioid Fund expenditures and documents underlying those expenditures, so that it can be verified that funds are being or have been utilized in a manner consistent with the National Settlement Agreements, Future Resolutions, and this Agreement. During and after the term of this Agreement, the Attorney General shall have access to persons and records related to this Agreement and expenditures of Opioid Funds. 2. Opioid Funds can only be used for an Approved Purpose when the Governing Body of a Participating Local Government or Participating Health District includes in its budget or passes a separate resolution authorizing the expenditure of a stated amount of Opioid Funds for that Approved Purpose during a specified period of time. The budget or resolution should: (1) indicate that it is an authorization for expenditure of Opioid Funds, (2) state the specific Approved Purpose the governing body intends to fund as identified in Exhibit A, and(3) state the amount dedicated to each Approved Purpose for a stated period of time. 3. Opioid Funds are subject to the financial audit requirements for Participating Local Governments and Participating Health Districts as provided under Idaho Law, and shall be separately accounted for in any such audit. If any such audit reveals an expenditure inconsistent with the terms of this Agreement, the Participating Local Government or Participating Health District shall immediately report the finding to the Idaho Attorney General. 4. For every fiscal year in which a Participating Local Government or Participating Health District receives, holds, or spends Opioid Funds, the Local Government or Health District must submit an annual financial report specifying the activities and amounts it has funded. The annual financial report shall be provided to the Idaho Attorney General by emailing the report to oopioidsettlement@ag.idaho.gov within ninety(90) days of the last day of the state fiscal year covered by the report. Each annual financial report must include the following information: (1)the amount of Opioid Funds available at the beginning of the fiscal year; (2)the amount of Opioid Funds received during the fiscal year; (3)the amount of Opioid Funds disbursed or applied during the fiscal year, broken down by Approved Purposes set forth in Exhibit A; (4)the amount of Opioid Funds available at the end of the fiscal year. The annual financial reports provided to the Idaho Attorney General will be made publically available by publication on the Idaho Attorney General's website https://www.a .ig daho.gov/consumer-protection/opioid-settlement/and be maintained on that webpage for a period not less than five (5) years. The Attorney General will also post annual reports of State expenditures of Opioid Funds on the Idaho Attorney General's website and maintain said reports on the webpage for a period not less than five (5) years. 5. If the National Settlement Agreements or any Future Resolutions require that a Participating Local Government or Participating Health District file, post, or provide a report or other document beyond those described in this Agreement, or if any Participating Local Government or Participating Health District communicates in writing 8 Page 175 Item#12. with any national administrator or other entity created or authorized by the National Settlement Agreements or any Future Resolutions regarding compliance with the National Settlement Agreement or Future Resolutions, the Participating Local Government or Participating Health District shall email a copy of any such report, document, or communication to the Idaho Attorney General at opioidsettlement@ag.idaho.gov. 6. Every Participating Local Government and Participating Health District shall make a good faith effort to comply with all of its reporting obligations under this Agreement. A Participating Local Government or Participating Health District that engages in a good faith effort to comply with its reporting obligations under Section D.7 and D.8 but fails in some way to report information in an accurate, timely, or complete manner shall be given an opportunity to remedy this failure within a reasonable time. A Participating Local Government or Participating Health District that does not engage in a good faith effort to comply with its reporting obligations under this Agreement, or that fails to remedy reporting issues within a reasonable time, may be subject to action for breach of contract. Notwithstanding anything to the contrary herein, a Participating Local Government or Participating Health District that is in substantial compliance with the reporting obligations in this Agreement shall not be considered in breach of this Agreement. 7. If it appears to the State that a Participating Local Government or Participating Health District is using or has used Opioid Funds for non-Approved Purposes, the State may on written request seek and obtain the documentation underlying the report(s) described in this Section (Section D), as applicable. The Participating Local Government or Participating Health District receiving such request shall have fourteen (14) days to provide the requested information. The State and the Participating Local Government or Participating Health District receiving such request may extend the time period for compliance with the request only upon mutual agreement. 8. Following a request made pursuant to D.7, if the State determines that a Participating Local Government or Health District spent any Opioid Funds on an expenditure inconsistent with the terms of this Agreement, the State shall send notice to the Participating Local Government or Participating Health District of such determination and allow sixty(60) days to cure the inconsistent expenditure through budget amendment or repayment. If a Participating Local Government or Participating Health District does not make the cure within sixty(60) days, the State may(i) reduce future Opioid Fund payments to that Participating Local Government or Participating Health District by an amount equal to the inconsistent expenditure; and(ii)to the extent the inconsistent expenditure is greater than the expected future stream of payments, initiate a process up to and including litigation to recover the overage. The State may recover any litigation expenses incurred to recover the funds. Any recovery or redistribution shall be distributed consistent with Section B.4 above. E. Other Terms 1. This Agreement shall become effective at the time a sufficient number of local governments have joined the Agreement to qualify this Agreement as a State-Subdivision 9 Page 176 Item#12. Agreement under the National Settlement Agreements or any Future Resolutions. If this Agreement does not thereby qualify as a State-Subdivision Agreement,this Agreement will have no effect. Once effective, this Agreement will remain in effect until at least one (1) year after the last date on which any Opioid Funds are spent by Participating Local Governments and Participating Health Districts pursuant to the National Settlement Agreements and any Future Resolutions. 2. The Parties agree to make such amendments as necessary to implement the intent of this agreement. After this Agreement becomes effective, amendments may only be made to this Agreement if approved in writing by the Attorney General and at least two-thirds of the Participating Local Governments and Participating Health Districts. 3. This Agreement shall be governed by and construed under the laws of the State of Idaho using Idaho law. Any action related to the provisions of this Agreement, except as otherwise provided in the National Settlement Agreements or Future Resolutions, must be adjudicated by the Idaho state courts of Ada County in the State of Idaho. 4. This Agreement does not supersede or alter the terms of the National Settlement Agreements or any Future Resolutions except to the extent those terms allow for a State-Subdivision Agreement to do so. 5. If any part of this Agreement is declared invalid or becomes inoperative for any reason, such invalidity or failure shall not affect the validity and enforceability of any other provision. 6. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall be considered one and the same agreement. A signature transmitted by facsimile or electronic image shall be deemed an original signature for purposes of executing this Agreement. 7. Each person signing this Agreement represents that he or she is fully authorized to enter into the terms and conditions of, and to execute, this Agreement on behalf of the named governmental entity, and that all necessary approvals and conditions precedent to his or her execution have been satisfied. FOR THE STATE OF IDAHO DATE: October 25, 2021 LAWRENCE G WASDEN ATTORNEY GENERAL STATE OF DAHO [Other Signature Pages to Follow] 10 Page 177 item#12. Exhibit A Approved Opioid Abatement Strategies Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER(OUD) Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, the following': 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions,including all forms of Medication-Assisted Treatment(MAT)approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs(OTPs)to assure evidence-based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention,treatment, and recovery services, offered by qualified professionals and service providers,such as peer recovery coaches,for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions. 'As used in this Exhibit A,words like"expand,""fund,""provide"or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Public Creditor Trust Distribution Procedures. A-1 Page 178 item#12. Exhibit A Approved Opioid Abatement Strategies 8. Training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD or mental health conditions, including but not limited to training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 13. Dissemination of web-based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service-Opioids web-based training curriculum and motivational interviewing. 14. Development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication- Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Provide comprehensive wrap-around services to individuals with OUD and any co- occurring SUD/MH conditions, including housing, transportation, education, job placement,job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing,peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. A-2 Page 179 item#12. Exhibit A Approved Opioid Abatement Strategies 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved mediation with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer-recovery centers,which may include support groups, social events, computer access, or other services for persons with OUD and any co- occurring SUD/MH conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have—or at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: A-3 Page 180 item#12. Exhibit A Approved Opioid Abatement Strategies 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders,including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools,colleges, criminal justice, and probation),with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. 6. Training for emergency room personnel treating opioid overdose patients on post- discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach. 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. A-4 Page 181 item#12. Exhibit A Approved Opioid Abatement Strategies 14. Support assistance programs for health care providers with OUD. 15. Engage non-profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: 1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); 2. Active outreach strategies such as the Drug Abuse Response Team(DART) model; 3. "Naloxone Plus"strategies,which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; 4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion(LEAD) model; 5. Officer intervention strategies such as the Leon County,Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise. 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions. A-5 Page 182 item#12. Exhibit A Approved Opioid Abatement Strategies 4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (CTI), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal-justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery,harm reduction,case management,or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (NAS), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: I. Support evidence-based or evidence-informed treatment, including MAT,recovery services and supports, and prevention services for pregnant women — or women who could become pregnant — who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions. 4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; expand long-term treatment and services for medical monitoring of NAS babies and their families. A-6 Page 183 item#12. Exhibit A Approved Opioid Abatement Strategies 5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 6. Child and family supports for parenting women with OUD and any co-occurring SUD/MH conditions. 7. Enhanced family supports and child care services for parents with OUD and any co-occurring SUD/MH conditions. 8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events. 9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, including but not limited to parent skills training. 10. Support for Children's Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: I. Fund medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education(CME) on appropriate prescribing of opioids. 4. Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: A-7 Page 184 item#12. Exhibit A Approved Opioid Abatement Strategies 1. Increase the number of prescribers using PDMPs; 2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increase electronic prescribing to prevent diversion or forgery. 8. Educate Dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Fund media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take-back disposal or destruction programs. 5. Fund community anti-drug coalitions that engage in drug prevention efforts. 6. Support community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction — including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation,including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration(SAMHSA). 7. Engage non-profits and faith-based communities as systems to support prevention. 8. Fund evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school A-8 Page 185 item#12. Exhibit A Approved Opioid Abatement Strategies employees, school athletic programs, parent-teacher and student associations, and others. 9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create of support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities providing free naloxone to anyone in the community. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. A-9 Page 186 item#12. Exhibit A Approved Opioid Abatement Strategies 9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services,referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Provide training in harm reduction strategies to health care providers, students,peer recovery coaches,recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/MH conditions. 13. Support screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES I. I. FIRST RESPONDERS In addition to items in section C,D and H relating to first responders,support the following: I. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities,programs,or strategies that may include,but are not limited to, the following: I. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or(d)to track, share or visualize key opioid- A-10 Page 187 item#12. Exhibit A Approved Opioid Abatement Strategies or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities,programs,or strategies that may include,but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list(e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. A-1 I Page 188 item#12. Exhibit A Approved Opioid Abatement Strategies 6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances(e.g. Hawaii HOPE and Dakota 24/7). 7. Epidemiological surveillance of OUD-related behaviors in critical populations including individuals entering the criminal justice system, including but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring(ADAM) system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. A-12 Page 189 EXHIBIT B Item#12. ALLOCATION OF LOCAL GOVERNMENT SHARE Percentage of Local Percentage of Local Local Government Government Share Local Government Government Share Ada County, Idaho 13.2776278333% Latah County, Idaho 1.2943861166% Adams County, Idaho 0.1446831902% Lemhi County, Idaho 0.4880814284% Ammon City, Idaho 0.0812916024% Lewis County, Idaho 0.2882543555% Bannock County, Idaho 3.0595589832% Lewiston City, Idaho 2.0176549375% Bear Lake County, Idaho 0.6082712041% Lincoln County, Idaho 0.1930184422% Benewah County, Idaho 0.6526829809% Madison County, Idaho 1.2748404845% Bingham County, Idaho 1.6421270812% Meridian City, Idaho 2.4045650754% Blackfoot City,Idaho 0.6283857401% Minidoka County,Idaho 0.9140620922% Blaine County, Idaho 0.9137717551% Moscow City, Idaho 0.6590552650% Boise City, Idaho 12.7586409110% Mountain Home City, Idaho 0.5706694591% Boise County, Idaho 0.3309644652% Nampa City, Idaho 3.3274647954% Bonner County,Idaho 2.5987361786% Nez Perce County, Idaho 1.2765833482% Bonneville County, Idaho 3.7761253875% Oneida County,Idaho 0.2371656647% Boundary County, Idaho 0.8788284447% Owyhee County, Idaho 0.5554298409% Burley City, Idaho 0.4485975363% Payette County, Idaho 1.2750728102% Butte County, Idaho 0.1839745518% Pocatello City, Idaho 2.9494898116% Caldwell City,Idaho 1.1958553249% Post Falls City,Idaho 0.6781328826% Camas County, Idaho 0.0422073443% Power County, Idaho 0.3505171035% Canyon County, Idaho 5.0120113688% Preston City, Idaho 0.1496220047% Caribou County, Idaho 0.4396183832% Rexburg City, Idaho 0.1336231941% Cassia County, Idaho 0.7270235866% Shoshone County, Idaho 1.2841091340% Chubbuck City, Idaho 0.4841935447% Star City, Idaho 0.0001322772% Clark County, Idaho 0.0420924425% Teton County, Idaho 0.4258195211% Clearwater County,Idaho 0.4890418390% Twin Falls City,Idaho 1.8245765222% Coeur D'Alene City, Idaho 2.7593778237% Twin Falls County, Idaho 3.3104301873% Custer County, Idaho 0.2133243878% Valley County, Idaho 0.8074710814% Eagle City, Idaho 0.1711876661% Washington County, Idaho 0.4917358652% Elmore County, Idaho 0.8899512165% Franklin County, Idaho 0.5753624958% Fremont County, Idaho 0.5716071696% Garden City, Idaho 0.5582782838% Gem County, Idaho 1.3784025725% Gooding County, Idaho 0.6966472013% Hayden City, Idaho 0.0047132146% Idaho County, Idaho 0.8474305547% Idaho Falls City, Idaho 3.8875027578% Jefferson County, Idaho 0.9842670749% Jerome City, Idaho 0.4169017424% Jerome County, Idaho 0.6223444291% Kootenai County, Idaho 5.6394798565% Kuna City, Idaho 0.1849461724% B-1 Page 190 Item#12. EXHIBIT C ALLOCATION OF HEALTH DISTRICT SHARE Percentage of Health Health District District Share District 1 (Panhandle) 14.50% District 2 (North Central) 6.87% District 3 (Southwest) 13.38% District 4 (Central) 31.95% District 5 (South Central) 10.11% District 6 (Southeastern) 11.31% District 7 (Eastern) 11.88% C-1 Page 191 IDAHO OPIOID SETTLEMENT INTRASTATE ALLOCATION AGREEMENT BETWEEN THE STATE OF IDAHO, HEALTH DISTRICTS,AND ELIGIBLE LOCAL GOVERNMENTS SIGN-ON By signing below I represent that I am fully authorized to enter into the Idaho Opioid Settlement Allocation Agreement on behalf on the named governmental entity, and that all necessary approvals and conditions precedent to my execution have been satisfied. Signature: Name: Robert E. Simison Title: Mayor Governmental Entity: City of Meridian Date: 11-30-2021 VOLUNTARY REALLOCATION [DO NOT FILL OUT UNLESS YOUR GOVERNMENT HAS SIGNED ON ABOVE AND WISHES TO VOLUNTARILY REALLOCATE ITS SHARE OF FUNDS TO ITS REGIONAL PUBLIC HEALTH DISTRICT] By signing below I represent that the named governmental entity does not wish to receive the funds allocated to it under the Idaho Opioid Settlement Allocation Agreement and has authorized that its share of funds instead be allocated to the following regional public health district established under Title 39, Chapter 4, Idaho Code. Name of Public Health District: Signature: Name: Title: Governmental Entity: Date: Item#13. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing and Second Reading Continued from November 23, 2021 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 Page 193 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 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 194 : �. 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 F�= i ' �: � .f��3a:a:_ <�' �I�R :���n _�•A:..��� ��rr�� ' ;:.�x"1.�'f Item#13. 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 196 Item#13. CITY OF MERIDIAN ORDINANCE NO. 21-1954 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 197 Item#13. 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 198 Item#13. 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 199 Item#13. 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 200 Item#13. 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 201 Item#13. 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 202 Item#13. 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 203 Item#13. 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 204 Item#13. 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 205 Item#13. (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 206 Item#13. 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 207 Item#13. APPROVED: ATTEST: Robert Simison, Mayor Chris Johnson, City Clerk Page 208 Item#13. 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 209 Item#13. [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 210 Item#13. 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 211 Item#13. Exhibit 2 Notice Published in the Idaho Press Page 212 AD# 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 213 Item#13. Exhibit 3 (Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project Page 214 Item#13. (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 215 Item#13. 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 216 Item#13. 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 217 Item#13. 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 218 Item#13. 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 219 Item#13. 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 220 Item#13. 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 221 Item#13. 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 222 Item#13. 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 223 Item#13. 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 224 Item#13. 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 225 Item#13. 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 226 Item#13. 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 227 Item#13. 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 228 Item#13. 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 229 Item#13. 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 230 Item#13. 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 231 Item#13. 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 232 Item#13. 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 233 Item#13. 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 234 Item#13. 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 235 Item#13. 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 236 Item#13. 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 237 Item#13. 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 238 Item#13. 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 239 Item#13. 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 240 Item#13. 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 241 Item#13. 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 242 Item#13. 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 243 Item#13. 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 244 Item#13. 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 245 Item#13. 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 246 Item#13. 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 247 Item#13. 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 248 Item#13. 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 249 Item#13. 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 250 Item#13. 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 251 Item#13. 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 252 Item#13. 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 253 Item#13. 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 254 Item#13. 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 255 Item#13. 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 256 Item#13. 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 257 Item#13. 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 258 Item#13. 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 259 Item#13. 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 260 Item#13. 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 261 Item#13. Attachment 1 Boundary Map of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Page 262 Item#13. 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 263 Item#13. 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 264 Item#13. 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 265 L-22 N 0'23 29" E 9_J2' Item#13. EXHIBIT B (CONTINUED) N MERI0G4N ROAD N D 2 3 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=.3DD' p ul zo LEGEND NE 2ND 112 STREET ("I URD BOUNDARY m Is U90 AREA W Q a � Z � N 3RD 5 J 9.78' N D 35 DO" C 714 6 ' 652,57' 2 18780 52 05' 19 to 49 199' �F A , K O'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 266 Item#13. 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;"' 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 267 Item#13. Attachment 2 Legal Description of Northern Gateway District Urban Renewal Project Area and Revenue Allocation Area Page 268 Item#13. 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 269 Item#13. 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 270 Item#13. 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 271 Item#13. 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 272 Item#13. 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 273 Item#13. 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 274 Item#13. 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 275 Item#13. 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 276 Item#13. 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 277 Item#13. Attachment 4 Map Depicting Expected Land Uses and Current Zoning Map of the Project Area Page 278 • Medium Densi U-T%T . , . - - .- ■�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#13. Attachment 5 Economic Feasibility Study Page 281 Item#13. 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 282 Item#13. 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 283 Item#13. 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 284 Item#13. 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 285 Item#13. 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 286 Item#13. 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 287 Item#13. 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 288 Item#13. 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,OD0 $ 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 $ 70,00D $ 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 $ 40,01DD $ 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 289 Item#13. 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 290 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 291 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 292 Item#13. Northern Gateway District Cash Flow Analysis A B C D E F G H I 3 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 293 Item#13. Attachment 6 Agricultural Operation Consent 4837-9029-4001,v.7 Page 294 Item#13. 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 295 Item#13. 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 296 Item#13. 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 297 Item#13. 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 298 Item#13. 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 299 Item#13. 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 300 Item#13. 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 301 Item#13. EXHIBIT C ELIGIBILITY REPORT 4837-6502-2952,v. 1 Page 302 Item#13. 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 303 Item#13. 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 304 Item#13. Staff: Urban Renewal Administrator: Ashley Squyres Legal Counsel: Todd Lakey Map of the Downtown District (excluding shaded area) W CHERRY LIN E_7Ai•. i F z rr 1 W B"KWG 0157ApFC€ k y . 4A. N W331S 1"E 639.6V [� L2 5 88942'24"E W.05 D Q N 00133'15"E 336.24' 70 L4 5 M3679'E 464.82' o L.5 5 0I 22 54"W 976,24' LE N A'301 W 831.04' m m A rn z T WPINE AVE E PINE AVL L4 W IDAHOAVE L2 W BROADWAY AVE -" n J �„ " •;•-:: RAIL ROAD L5 aQ� 6 tsl�'L��1 W FRANKLIN RD �}/1G L�jp N 9°32'43"PY 12 T E FRAPVICUN RD 3s-- M m � p O z ❑ 77 � rn 11574 Aid � I O INTERSTATE 84 3 Page Page 305 Item#13. Map of Union District ONION❑r=CT CITY OF NEWMAN,ADA COUNTY;IDAHO I � E PINE AVE r , a m m IT i z A 9 4 ❑_ z ❑ Y 0 m Z -4 ti 1 A p 5L'E 4fiR 8 E MA"O AVE A mm .........................Fr ::::a ........................sea�rx4*F 3su.os• E 6ROAaWAY AVE —.............� 1. h M r { h"96°3tYl9"1V 831.i}4' I A 51 74 7 E FRANKLJN RD 9g 1*4 !9 17Z6.17' ---'-----'--- 1P 1��kG'V NT3 FAT: 2M a WASFUNGTON AVE Wa UNION DISTRICT EMMETT;IDR3613 &Ex ANNEXATION EXHIBIT MLLTRfAX M8-81a4 + to' MEFL6i,w,,o. F:�2Q8�34&$!Q5 1=4 SEC, 7, T3N. RIE. 8,1, 2DMJ4.011P AAA COUNTY. IDAHO 47+6VW.544Y7Op77ifS.COM ,OF 4 1 P a g e Page 306 Item#13. 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 0 —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 307 Item#13. 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 308 Item#13. 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 309 Item#13. 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 310 Item#13. 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 L50-2903(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 311 Item#13. • 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 312 Item#13. 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 313 Item#13. 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 314 Item#13. 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 315 Item#13. 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 316 Item#13. 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 317 Item#13. 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 a 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 318 Item#13. 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(9) and 50- 2903(8)(b) apply. Alternatively, the area under consideration qualifies if any of the conditions listed only in Idaho Code Section 50-2oo8(d)(4)(2) apply.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 319 Item#13. 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 320 Item#13. 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 321 Item#13. ATTACHMENT i (Parcel Information) 4852-0604-1321,v. 6 201Page Page 322 Item#13. 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 S1107223270 1682 N Main St 0.92 40075 Com Misc $ 521,000 $ 493,200 $ 1,014,200 $ $ 1,014,200 S1107223280 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 S1107223200 1600 N Main St 2.72 118483 Com Bus $ 947,900 $ 2,836,200 $ 3,784,100 $ $ 3,784,100 S1107223350 1518 N Main St 0.62 27007 Com Misc $ 270,100 $ 640,200 $ 910,300 $ $ 910,300 S1107223370 1510 N Main St 0.28 12197 Com Misc $ 122,000 $ 216,800 $ 338,800 $ $ 338,800 S1107223380 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 S1107223500 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 S1107223160 1435 NE 2nd 1/2 Street 0.32 13939 Old Town $ 97,600 $ - $ 97,600 $ $ 97,600 S1107223150 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 S1107223100 1421 NE 2nd 1/2 Street 0.48 21127 Old Town $ 147,900 $ $ 147,900 $ - $ 147,900 S1107223090 1411 NE 2nd 1/2 Street 0.06 2744 Old Town $ 19,200 $ $ 19,200 $ $ 19,200 S1107223085 1411 NE 2nd 1/2 Street 0.16 7187 Old Town $ 50,300 $ $ 50,300 $ $ 50,300 S1107223082 1403 NE 2nd 1/2 Street 0.15 6534 Old Town $ 45,700 $ $ 45,700 $ $ 45,700 S1107223080 1403 NE 2nd 1/2 Street 0.24 10280 Old Town $ 72,000 $ $ 72,000 $ $ 72,000 S1107223070 1349 NE 2nd 1/2 Street 0.49 21344 Old Town $ 149,400 $ $ 149,400 $ $ 149,400 S1107223065 NE 2nd 1/2 Street 0.35 15290 Old Town $ 107,000 $ $ 107,000 $ $ 107,000 S1107223055 1331 NE 2nd 1/2 Street 0.25 10890 R-15 $ 92,600 $ $ 92,600 $ $ 92,600 S1107223040 1323 NE 2nd 1/2 Street 0.33 14375 R-15 $ 122,200 $ $ 122,200 $ $ 122,200 S1107223030 1313 NE 2nd 1/2 Street 0.33 14375 R-15 $ 97,100 $ 94,400 $ 191,500 $ $ 191,500 S1107223020 1305 NE 2nd 1/2 Street 0.33 14375 R-15 $ 97,100 $ 74,700 $ 171,800 $ $ 171,800 S1107223010 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 323 Item#13. 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 $ 55,000 $ 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 $ 5,560,000 $ 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 $ 27,500 $ $ 27,500 $ $ 27,500 $ 26,665,100 $ 44,343,600 $ 71,008,700 $ 2,175,726 $ 68,8 Page 324 Item#13. Exhibit 4 Summary of Ordinance No. 4849-8255-7437, v. 1 Page 325 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 (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 326 Item#13. (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 327 Item#13. 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 328 Item#13. 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 329 Item#13. 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 330 Item#13. 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 331 Item#13. 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 332 Item#13. 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 333 Item#13. 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 rf Of \� �£A . o(3 CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD SCA/E 1"=1000' MERIDIAN, IDAHO 83642 (208)888-4312 ORDINANCE SUMMARY - 9 Page 334 Item#13. 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 335 Item#13. 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 336 Item#13. 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 337 Item#14. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing and Second Reading Continued from November 23, 2021 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 338 Item#14. 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 339 Item#14. First Amendment to the Union District Urban Renewal Plan— Idaho Block Annexation Area Legend 7 i IL 7 Idaho Block Existing IJRD db Ah Urban cx —. — IaN +� Nir M '% %I 6 --1 :4 L ti• 41 ._.- 113madw IftUnion - ry y � 6 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 340 Item#14. 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 341 Item#14. CITY OF MERIDIAN ORDINANCE NO. 21-1956 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 342 Item#14. 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 343 Item#14. 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 344 Item#14. 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 345 Item#14. 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 346 Item#14. 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 347 Item#14. 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 348 Item#14. 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 349 Item#14. 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 350 Item#14. 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 351 Item#14. APPROVED: ATTEST: Robert Simison, Mayor Chris Johnson, City Clerk Page 352 Item#14. 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 353 Item#14. 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 354 Item#14. 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 355 Item#14. Exhibit 2 Notice Published in the Idaho Press Page 356 { " / AD# Item#1 4. 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 357 Item#14. Exhibit 3 First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project Page 358 Item#14. 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 359 Item#14. 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 360 Item#14. 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 361 Item#14. 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 362 Item#14. 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 363 Item#14. 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 364 Item#14. 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 365 Item#14. 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 366 Item#14. 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 367 Item#14. 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 368 Item#14. 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 369 Item#14. 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 370 Item#14. Attachment IA Boundary Map of the Additional Area Page 371 Item#14. EXHIBIT 3 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 BAS15 OF BEARING 5 88'43`59" E 380.05' 4D.00' 40.00' D q h I a Lw 0 0 I � a � � 88'4.3' 9" H� 210.08' AL v] 190.42' 3001' 120.05' o v IN W � ry 40' N 88'44 00" W 9Q 05' a . _ S 88'44 00" E 380. 18' E BRa4DWAY AVENUE LEGEND URD BOUNDARY A L A At URD AREA a 187 0 CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDfAN ROAD MERIDIAN, IDAHO 83542 A K013 {208}888-4312 SCALE' 1"=B0' Page 372 Item#14. Attachment 2A Legal Description of the Boundary of the Additional Area Page 373 Item#14. 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 374 Item#14. 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 375 Item#14. Attachment 4A Map Depicting Expected Land Uses and Current Zoning Within the Areas Added by the First Amendment Page 376 Item#14. 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 377l Item#14. oning L o-T E PINE AVE R-8 R-15 INS Z N W Z H t/! H � � i""""""■'■ E IDAHO AVE - z i ■ I i o M Z f- N _Z Q E z Legend ; Annexation Area or z 0 Union District � 0 Parcels �o 0 } Railroad 0 200 400 Z ZNv> F Page 378 Item#14. Attachment 5A Supplement to the Economic Feasibility Study: Financial Analysis Related to the 2021 Annexation 4835-4848-9712,v.7 Page 379 Item#14. 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 380 Item#14. 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 381 Item#14. 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 382 Item#14. 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 383 Item#14. 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 384 Item#14. 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 385 Item#14. 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 386 Item#14. 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 387 Item#14. 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 388 Item#14. 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 389 Item#14. Union District, as amended by the First Amendment, Cash Flow Analysis Assumptions 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 4%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 390 Item#14. Exhibit 4 Summary of Ordinance No. 4832-4104-2941, v. 1 Page 391 Item#14. 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 392 Item#14. 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 393 Item#14. 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 394 Item#14. 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 395 Item#14. 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 396 Item#14. 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 397 Item#14. 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 398 Item#14. 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 399 Item#14. 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 400 E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 Changes to Agenda: None Item#15: Johnson Street Right-of-Way Vacation (H-2021-0079) Application(s): ➢ Vacation of ACHD right-of-way Location: The ROW proposed to be vacated lies on the south side of W.Waltman Ln. between 235&295 W.Waltman Ln. Summary of Request: The Applicant proposes to vacate 0.43-acre of ACHD ROW consisting of Johnson Street. The reason is because the Applicant owns the parcels adjacent to the subject ROW&wishes to develop the area with commercial uses.As-is the location of the road interferes with the development plan. With development of the area,the access driveway/street is proposed to be relocated approximately 50-feet to the west as shown. A relinquishment letter was received from Idaho Power stating they have no facilities in the area proposed to be vacated. The Public Work's Dept.verified there are no water or sewer mains located in the area proposed to be vacated; therefore,the proposed vacation will not impact City utilities. The ACHD Commission has already approved the request. Staff Recommendation: Approval Outstanding Issue(s)for City Council: None Written Testimony: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0079, as presented in the staff report for the hearing date of November 30, 2021: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2021-0079, as presented during the hearing on November 30, 2021,for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0079 to the hearing date of November 30, 2021 for the following reason(s): (You should state specific reason(s) for continuance.) Item#16: Fast Eddy's at Eagle(H-2021-0068) Application(s): ➢ Development Agreement Modification (Inst.#2018-042029) Existing zoning, and site location: This site is zoned C-G and is located at 3775 N. Eagle Rd. Comprehensive Plan FLUM Designation: MU-R History:A DA was recorded for this property in 2018 that requires the driveway along the west side of the property to be extended to the property to the north for future extension &interconnectivity and a cross-access easement to be granted in accord with UDC 11-3A- 3A prior to issuance of the first C of 0. The UDC 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. Summary of Request: Because the Applicant did not wish to construct the driveway or provide an access easement in accord with the timing stated in the DA, a temporary C of 0 was issued in order for the Applicant to apply for an amendment to the DA. 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.An assisted living facility has been approved by the City of Boise to develop on the abutting property to the north;the approved site plan depicts a driveway access to this site for cross-access/ingress-egress. If these provisions are removed from the DA and a final C of 0 is issued,there is no mechanism in the future to require construction of the driveway or granting of an access easement. Written Testimony: None Staff Recommendation: 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. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0068, as presented in the staff report for the hearing date of November 30, 2021: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2021-0068, as presented during the hearing on November 30, 2021,for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0068 to the hearing date of November 30, 2021 for the following reason(s): (You should state specific reason(s) for continuance.) Item#17: Regency at River Valley- MDA(H-2021-0059) This project was continued from the Oct. 191" Council meeting to tonight's meeting in order for the Applicant to have time to address concerns discussed during the meeting pertaining to traffic generation from the proposed development, impact to WASD, suitability of a multi-family development on this property, and if the new phase would meet UDC standards for open space, amenities,parking, etc. Application(s): ➢ Development Agreement Modification Size of property,existing zoning, and location: This site consists of 2.57 acres of land, is zoned C-C&C-G, and is located at 3270 &3280 E. River Valley St. &2480 N. Eagle Rd. History: There are two(2)existing DA's for the subject property that require the northern portion of the site to develop with a self- service storage facility(Bach Storage)&the southern portion with a 10,150 square foot multi-tenant retail store(Option A) or 2,879 square foot restaurant with a drive-through (Option B) (SGI). Comprehensive Plan FLUM Designation: Mixed Use—Regional (MU-R) Summary of Request: The Applicant proposes to replace both of the existing DA's with one(1) new DA for the subject property with a new conceptual development plan.A multi-family development is proposed (the 3rd phase of Regency at River Valley which exists to the east)consisting of 134 apartment units on 2.57 acres of land in the C-C&C-G zoning districts.A mix 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 UDC standards 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 development. A subsequent CUP application is required to be submitted and approved for the proposed multi-family development. 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 ensure compliance with the specific use standards and other UDC standards.Adjustments may be necessary to the concept plan to comply with these standards. High density residential (i.e. apartments) uses are desired in the MU-R 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 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 of the staff report. Written Testimony: Brian Carlisle, Bach Homes (Applicant)—in agreement w/staff report Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0059, as presented in the staff report for the hearing date of November 30, 2021: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2021-0059, as presented during the hearing on November 30, 2021,for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0059 to the hearing date of November 30, 2021 for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting November 30, 2021 Item #15: Johnson Street Right to be VacatedROW Proposed Future Access Driveway/Street Location:0079) -2021-Vacation (HWay -of- Item #16: Fast Eddy’s at Eagle (H0068)-2021- Item #17: Regency at River Valley Phase 3 Bach Storage & SGIDevelopment Plans forExisting Conceptual SGI Approved Option A or B Development Agreement Modification Proposed ConceptualDevelopment Plan Staff RecommendedProvisionsDevelopment Agreement Item#15. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Approval of Johnson St Right-of-Way Vacation (H-2021-0079) by Hawkins Companies, Located on the south side of W. Waltman Ln. approximately 1/8-mile west of S. Meridian Rd., between 235 and 295 W. Waltman Ln. A. Request: Vacation of an Ada County Highway District (ACHD) right-of-way (i.e. Johnson St.) located between 235 and 295 W. Waltman Ln. Page 401 Item#15. C� fIEN , IN1, IDAHO PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: November 30, 2021 Topic: Approval of Johnson St Right-of-Way Vacation (H-2021-0079) by Hawkins Companies, Located on the south side of W.Waltman Ln. approximately 1/8-mile west of S. Meridian Rd., between 235 and 295 W. Waltman Ln. A. Request: Vacation of an Ada County Highway District (ACHD) right-of-way (i.e.Johnson St.) located between 235 and 295 W.Waltman Ln. Information Resources: Click Here for Application Materials Page 402 Item#15. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 11/30/2021 Legend DATE: Project Locolon TO: Mayor&City Council In s a FROM: Sonya Allen,Associate Planner ; S 208-489-0573 - W SUBJECT: H-2021-0079 Johnson Street ROW LOCATION: Between 235 &295 W. Waltman Ln., in the SE 1/4 of Section 13, T.3N.,R.1 W. I I. PROJECT DESCRIPTION Request to vacate 0.431-acre of ACHD right-of-way(ROW) consisting of Johnson Street. II. APPLICANT INFORMATION A. Applicant: Ethan Mansfield,Hawkins Companies—855 W. Broad Street,Boise,ID 83702 B. Owner: Hawkins Companies—855 W. Broad Street, Boise,ID 83702 C. Representative: Same as Applicant III. UNIFIED DEVELOPMENT CODE Per UDC Table 11-5A-2,vacation of ROW requires approval from City Council at a public meeting. IV. STAFF ANALYSIS The Applicant owns the parcels adjacent to the ROW proposed to be vacated and wishes to develop the area with commercial uses. As-is the location of the road interferes with the development plan. With development of the area,the access driveway/street is proposed to be relocated approximately 50-feet to the west(see Section VI.B). A legal description and exhibit map of the ROW proposed to be vacated is included in Section VI.A. Page 1 Page 403 Item#15. A relinquishment letter was received from Idaho Power stating they have no facilities in the area proposed to be vacated. The Public Work's Dept. verified there are no water or sewer mains located in the area proposed to be vacated;therefore,the proposed vacation will not impact City utilities. Note: The ACHD Commission approved the request to vacate a parcel of land being a portion of S. Johnson Ln. (Resolution No. 2369) and release of an existing 30 foot wide public ROW easement (Inst. 108123386) on November 10, 2021. V. DECISION A. Staff: Staff recommends approval of the vacation of right-of-way as proposed by the Applicant. Page 2 Page 404 Item#15. VI. EXHIBITS A. Legal Description&Exhibit Map of Right-of-Way Proposed to be Vacated lur June 18,2021 PFatect No.20-176 iirgrlt-01-Way Vacation S-lahrKon lane Legs!Description E9h8*A d parcei of land for a cefit-of•way vacation berm a port ion of the Nottheasl 1/4 of the Southeb st 114 of Sei:wri 13, Township 3 North,Range 1 West.B.M.,City of Meddlan,Ada Coutrty,Idaho being more parrlculariy desc+ibed as follows; Comrnencrng at a.brass cap marking the East 1/4 comer of said Section 13,wlrkh bears 5�9261G E a distance of 2,643.64 feet from a Sf8-in€h rebaF marking the Center 1/4 comer of said Sertion 13,thence fbllowrnd the northerly line of lard NorlheaA 1/4 of the Southeast 114, N89'26'10'W a distance of 921.02 feet; Thence ieaving said northerly line,SOloW5FW a distance of 25.D0 leek to a 518 Inch rebar on the easlerky nght-of-way Iine of S.Johruon tone and being the POINT OF GEGiNNING, Thence ft,Ikrwing said eastefiy right-of-wow 44ne the following Five IS)caarm. 1- SOi'p0 WW a distance of 209-1'3 feet to a 5M4n[h FL-bar,- 2- 27.67 feet along the arc-of a curve to the left,said curve having a radius of 75-00 feel.,a delta angle of 21 04",a rhofd blaring ofSD9'33'07"E and a Chord dislant@e of 27.51 fret; 3, 521Y07'11"E a distance of 92.56 Feet; d, 46,12 feet along the arc of a curve to the right•said curve hawing a radius Df 125.00 feet,a delta ar►gle of 21'W21-,a chord bearing of 50y°33'40"E and a chpfd distanc4 of 45-86 feet to a 518- inch rebar; S. SGI'D1'd5"W a distance of 2-59 feel.to ih�v southerly right-of-way line of said S.Johnson Lane; Them*leaving said easterly rlgfi{-oF-way line acid following said southerly right-of-way hrter N89'2V1TW a diitdnce of 86.47 feet ko the westerly fight.of-way lir&of said S.lohfison 11.241th; Thenca MCavlhg said saukhetly tight-of-way line and fbliowmg smid vmr toTly rlgflt•of.waq line. NO1'WWE&distance of 369.65 Feet to a 5{g-irich rebar on the r-ortherly tight-of-way line of said S. Johnson Line; Thence leaving said westerly right-of-way Iine arrd followi4ig said noftherly Flght-of-way Ihie, SRT2617E a bistance of 4D,00 feet 1a the IsOIbrT OF SEGINNJNG- Said par4pl rnnrarnS a Mal p#18,7'70 ST4rare f"at(0.431 acresJ,mnrc nr km5s,and is stb}ect to ail existing easements and/or rights of-way of rnonrd or inpiied- Attar:hed hereto is F KNbit B and by Lfiis reference is made a part hereof. hi L A op k 9 66 d 8F #*9L 51241 Nofdfi triscvverr way • Nulsr. Idahb 13111*2Ull.e3,J_"39• knxngllp •ill A f Page 3 Page 405 Item#15. FOUNR 5/U-IN-CH REAR CENTER 1/4 CORNER 5AC'T1UN 1.3 SkSd5 OF BEAFUNG W.YM+altman Lary _ $ 't0 a 26+42.6+ _ — — Z-5.00' ) Tll'lPAINT OF T OF COWENCEMENT 16 l-KGiNNlNGFAT t{+< CORWER m sEcT)ON 73 C RIGHT-OF-Mw TO ADA 4 - -i;, 1WAY ilUMICT T T 4 sT. m. 1 CW 1430l at TO BE VACATED Uriplatwd Unpkahed at AM 51213A 17291 AP'N:512134173Ci0 3 ;n 0 c M3 6EM,aTE>} RlOkrr-OF-4iMY r0 ADA CD1.tM mi[;w AY ofSTI#IGT PER MT. No-- 109a19300 �� Unplatted M BE VACATED Mil 417521 n w L2 r+iBSF'�6'f I7�4 Unplaaed AM Sl21341ME LINE TA&I LIEF[ LENGTH n MECUEN CURVE TAU LE Ll %I.M 152T07'1 1-E CLOVE LF5 LENT N DELTA CH R6 LNG CFbM L2 7,5b S1'0V0q'F' C1 75XV 27_67' 21'M'04' SV33'07'E 27,51' LU 40.00 &A2'26'T0'F- C2 F475.oi' 46-12` Zvpa'.Zi` W33'ca% dmm' 4 90 160 240 kmn Plan Sc3lie- i' =81Y EN -i1IN EERING 5-=41+71-MLOLIR•am S:W F 45"W- --iW717MnVl+, ' Exhiblt B Right-cf-Nay var-ation .AIL m r.i rr-r SHEET: A portion of the Northeast 1/4 of the Southeast 1/4 of Section 13 1 OF 1 Township 3 Forth, Range 1 Test, B,M., City of Merldlan,Ada County, Idaho Page 4 Page 406 i { �1 - B. Future Access Driveway/Street Location 21 . t I I I I Him I 1 PA Ar •r ° 1 I I 1 c i I I 1 1 ..... . -... ��- Item#16. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing Continued from November 23, 2021 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.). Page 408 Item#16. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: November 30, 2021 Topic: Public Hearing Continued from November 23, 2021 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 409 Item#16. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 11/30/2021 �� -, g R.- 0 DATE: LegeContinuedfrom: 1112312021 let �i� fllo„ A m �,c TO: Mayor&City Council RUT FROAM: Sonya Allen,Associate PlannerLR_1. - 208-884-5533 - SUBJECT: H-2021-0068 , Fast Eddy's at Eagle .H - 4 LOCATION: 3775 N. Eagle Rd.,in the SE 1/4 of TA142 C Section 32,Township 4N.,Range 1E. �- �- R1 rRi_a - R-. 5 lg-8 1 R:g RUT � .4 RUT R 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 410 Item#16. 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 411 Item#16. 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 412 Item#17. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing Continued from November 23, 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: 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 413 Item#17. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: November 30, 2021 Topic: Public Hearing Continued from November 23, 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: 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 414 Item#17. ow AC H 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 415 11650 South State Street,Suite 300 • Draper, Utah 84020 • Phone: 801.727.9500 Fax:801.727.9501 • www.bachhomes.com Item#17. 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 416 I I Item#17. 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 417 e, Item#17. 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 418 2 • F 12o Pa5Cd) ��=^10tr®�I��NI L7 r �lVvl�j�e� 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 419 Item#17. STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT f D A H 0 HEARING 11/30/2021 Legend { DATE: Continuedfrom 9128121, 10119121 and �- i�cofl�� 0 11123121 f� ®E TO: Mayor&City Council IBC E FROAM: Sonya Allen,Associate Planner _ 208-884-5533 I 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 437 Item#17. 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 (continued to November 30'due to lack of a quoruml. 1. Summary of the City Council public hearing: a. In favor: Brandon Whallon Bach Homes b. In opposition:None C. Commenting 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: sharine 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 438 Item#17. 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 / -� ! 5 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 439 Item#17. 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 440 Item#17. 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 IIIwM ) l 241 TOTAL STALLS ■wI") 1.94 STALLS/UNIT w4+mow l W _ G m �114 O e�e III uai < Q 33. I 1 r Q 7 w �w Lu ¢cn x d a 4 55 .. RIVER VALLEY PH. 3 - 2500 N Eagle Rd. Meridian, ID 9/03/2021 SCALE:V=30'-T Page 5 Page 441 Item#17. C. Legal Description for Property Subject to New Development Agreement &am E N 0 1 N E E R I N G August 9,2021 Project No.21-159 Bach Investments, LLC Condtional 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 442 Item#17. 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 443 Item#17. 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 LO L5 N89'45'23W 129.75 74' L6 ND'14'37.1E 51.69 L7 N89'39'28"W 39.00 0 ul o L8 NO'08'13"E 128.24 cti L9 399'45'23"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 444 Item#17. 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 445