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2021-12-14 Regular
City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, December 14, 2021 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilwoman Liz Strader Councilwoman Jessica Perreault PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 1. Public Hearing and Reading of Ordinance No. 21-1958: An Ordinance of the City Council of the City of Meridian, Idaho, Approving the Urban Renewal Plan for the Linder 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; Providing for Waiver of the Reading Rules; and Providing an Effective Date Approved Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilman Hoaglun, Councilman Bernt, Councilman Cavener Voting Abstaining: Councilman Borton 2. Public Hearing for Pera Place Subdivision (H-2021-0056/H-2021-0091) by Leavitt & Associates Engineers, Located at 4600 W. Daphne St., 4546 W. Daphne St., and Parcel S0427325702, Near the Northeast Corner of N. Black Cat Rd. and W. McMillan Rd. Approved A. Request: Annexation and Zoning of 10 acres of land with a request for the R- 8 zoning district. B. Request: A Rezone of 6.84 acres of land from the R-4 zoning district to the R-8 zoning district. C. Request: A Preliminary Plat consisting of 65 single-family detached building lots and 7 common lots on 16.63 acres of land. D. Request: Development Agreement Modification (H-2021-0091) to terminate the existing Development Agreement (Bellhaven Subdivision, AZ- 07-011 & PP-07-016, Inst. #108057324) to incorporate the subject parcel (S0427325702) into a new Development Agreement consistent with the proposed Preliminary Plat and Annexation for Pera Place Subdivision (H- 2021-0056). Motion to approve made by Councilman Bernt, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilman Cavener 3. Public Hearing for Outer Banks Subdivision/The 10 Meridian (H-2021-0063) by J-U-B Engineers, Inc., Located at the Southwest Corner of W. Franklin Rd. and S. Ten Mile Rd. Approved A. Request: Preliminary Plat consisting of 25 buildable lots on 36+/- acres of land in the R-40 and C-C zoning districts. B. Request: Conditional use permit for a multi-family development containing a total of 516 residential dwelling units consisting of (364) high-density apartment, (126) flat and (26) townhome style units in the R-40 and C-C zoning districts. Motion to approve made by Councilman Hoaglun, Seconded by Councilman Bernt. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilman Cavener 4. Public Hearing for Aviator Springs (H-2021-0065) by The Land Group, Inc., Located at 3235 N. McDermott Rd. Continued to January 25, 2022 A. Request: Annexation of 40 acres of land with R-8 (27.63 acres), L-O (1.64 acres) and M-E (10.72 acres) zoning districts. B. Request: A Preliminary Plat containing a total of 112 lots consisting of (93) buildable lots and (13) common open space lots on 27.63 acres of land in the R-8 zoning district, (2) buildable lots on 1.64 acres of land in the L-O zoning district, (1) buildable lot on 10.72 acres of land in the M-E zoning district, and (3) future right-of-way lots on 40 acres of land. Motion to continue to January 25, 2022 made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilman Cavener FUTURE MEETING TOPICS ADJOURNMENT 10:02 pm Item#2. Meridian City Council December 14, 2021. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, December 14, 2021, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt and Brad Hoaglun. Members Absent: Jessica Perreault and Liz Strader. Also present: Chris Johnson, Bill Nary, Sonya Allen, Joe Dodson, Shawn Harper, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record is Tuesday, December 14th, 2021 , at 6:00 o'clock p.m. We will begin this evening's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item will be the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: For this next item I'm going to turn this over to Councilman Hoaglun. Hoaglun: Well, thank you, Mr. Mayor. It's a pleasure for me to invite Pastor Tim Pusey to come up to provide our community invocation and we are going to invite people to participate in this community invocation or take this as a time of personal reflection. But before Pastor Pusey begins I just want to let folks know that after 14 years at Valley Shepherd he's retiring and I have had the pleasure of being a member of his congregation for those 14 years and, in fact, was on the pastoral search committee that brought him to Meridian. So, that seemed like a long time ago and now we are going to have to do it again. But he goes -- certainly goes with our blessing. He has been a wonderful leader for -- for our congregation and for the community. His involvement in the faith leaders group and all the activities that they engage in -- in -- in the needs of our community, it's -- it's been greatly appreciated and, pastor, for your faithfulness, coming before this -- this Page 20 Meridian City Council Item#2. December 14,2021 Page 2 of 70 -- this body on a regular basis to pray for us and to help with the leadership and our wisdom and certainly we need it and we greatly appreciate that and we wish you all the best going forward. So, thank you for being here tonight. Pusey: Thank you. Honored by your words. Let's pray. Heavenly Father, as we gather here tonight for a meeting of the City Council, we -- we thank you, Lord, for this wonderful community, the way in which you have blessed this community. We thank you for the leaders who serve this community and the many servants of the community who take care of the needs of people. I -- I pray, Lord, for -- for your peace to rest upon this community. We pray first for peace in our own lives and we pray, Father, for -- for peace in this community. We pray, Lord, for--for peace around the world. There is such a need for it. We thank you for this wonderful time of the year when many of us celebrate the birth of the one who was called Wonderful, Counselor, Mighty God, Everlasting Father, Prince of Peace and so we turn to you, Lord, asking for such peace to be in our hearts and in our lives and, Lord, I pray wisdom for our City Council tonight. I don't know all of what is on the agenda and all the issues behind it, but I pray for your wisdom and guidance. I understand that so many of the decisions they have to grapple with are not easy decisions and I just pray that you would somehow just guide them through the issues that they are dealing with tonight and, Lord, continue to bless this community. Thank you for allowing me to be a part of it these years and we trust you, Lord, to continue to bring good things in and through the Meridian -- the City of Meridian, in Christ's name we pray, amen. Simison: Thank you, Pastor. Hoaglun: Do you have a City of Meridian pin in your collection yet? So, thank you. Appreciate it. ADOPTION OF AGENDA Simison: Thank you, Councilman Hoaglun. Next item is the adoption of the agenda. Bernt: That's me, Mr. Mayor. I'm ready to roll. So, with -- no changes to the agenda, so I move that we adopt the agenda as published. Hoaglun: Second the motion. Simison: I have a motion and a second to adopt the agenda 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. MOTION CARRIED: FOUR AYES. TWO ABSENT. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, do we have anyone signed up under public forum? Page 21 Meridian City Council Item#2. December 14,2021 Page 3 of 70 Johnson: Mr. Mayor, we do not. ACTION ITEMS 1. Public Hearing and Reading of Ordinance No. 21-1958: An Ordinance of the City Council of the City of Meridian, Idaho, Approving the Urban Renewal Plan for the Linder 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; Providing for Waiver of the Reading Rules; and Providing an Effective Date Simison: Did not? Okay. Then we will go right into our Action Items this evening. First item up is a public hearing in reading of Ordinance No. 21-1958. Is Cameron, Tod -- no? Johnson: Mr. Mayor, we are just trying to get the presentation loaded. Simison: Okay. We will open this public hearing with staff comments. Meghan. Johnson: Still waiting on it. Sorry. Simison: Mr. Borton, if you would like to entertain us with pictures of your dog, feel free. Borton: I don't know what you are talking about. Conrad: Mr. Mayor, Council -- Simison: Oh. Oh. You are going to have to wait. Oh, there it is. Conrad: Oh, there he is. Simison: Sorry about that. Conrad: No. No problem. I think while they are loading would you like me to go ahead and start? Okay. Thank you so much. My name is Meghan Conrad. I'm an attorney at Elam & Burke, special counsel for Meridian Development Corporation. 251 East Front Street, Boise, Idaho. I'm here today before you to discuss the urban renewal plan for the Linder District Urban Renewal Project. This project area is about 189 acres. There is 18 parcels, included six of which are still within the boundary of unincorporated Ada county. The plan elements specifically for an urban renewal plan are set forth in Idaho Code Section 50-2905. There are eight elements that are set forth in that statute and all eight of those elements have been specifically addressed within the confines of the plan or the attachments. I will just quickly run through those eight elements and identify where they are. There is a PowerPoint that does specifically identify the sections that we are talking Page 22 Meridian City Council Item#2. December 14,2021 Page 4 of 70 about, so you will have a record of where those are. The first is evaluation requirement that the collective values of the existing revenue allocation areas, combined with the proposed new district, cannot exceed ten percent of the total taxable value of the city. That analysis was done using the 2020 assessed values due to the timing of when the plan was created. That is currently 2.62 percent, the total of all of those findings, including the proposed North Gate and the First Amendment, which was considered at your December 7th meeting. So, those were included in the analysis as well. So, even using the 2021 assessed values, you are well below the ten percent threshold with this project area. The second is this statement listing the kind, number, and location of all the proposed public improvements that are specifically identified in Section 300 -- or 301, as well as Attachment 5. The third is the economic feasibility study that is set forth in Attachment 5 to the plan. There is also a fiscal impact statement requirement that is set forth in Section 502.8 of the plan, as well as Attachment 5. There is the description of the methods of financing. That's in Section 501 and Attachment 5. The plan has to include a termination date, which is set forth in Section 800. The termination date in this particular plan is for the full 20 years. So, a termination date would be December 31 of 2041 , recognizing the agency would receive dollars within 2042. That does not preclude a revenue allocation area from terminating early, it just is to the extent that there is -- development is delayed or the revenues are less than projected on more time may be needed to fulfill the projects that are identified in the plan. And, then, the final point is the description of the disposition or retention of any assets, which is also set forth in 800. Typically at the time of termination of a revenue allocation area assets that are owned by the agency would be disposed of typically to the city, unless there is a better public entity to take those. There is a requirement in both the line and act that states if there is an agricultural operation -- and that is defined in the code and it's generally very broad and it does have a three year look back. It requires property owner consent to be included within the district. So, that analysis was undertaken. Six identified -- six parcels were identified as requiring an ag consent and those parcels did obtain an ag consent. The project list in this particular plan was informed by a number of different types of documents that are city planning documents, as well as property owner discussions. The city's Comprehensive Plan was reviewed. You also have a Ten Mile Interchange Specific Area Plan that greatly informed the types of projects that are included herein. City conversations with both city and Meridian Development Corporation staff, Ada County Highway District staff and property owners within that 188 acres. This proposed plan is extremely limited and really only contemplates three fairly significant projects. The first is the Linder overpass project that focuses on the southern approach to that overpass. As part of these projects, you know, there are some ancillary spin-off projects, such as, you know, the need to acquire some real property or perhaps other right-of-way improvements when we get down to the local road project. But that project is anticipated or estimated to cost 1.5 million. The second project is the sewer main project and that's anticipated to be a 3.5 million dollar project and, then, a local road project that is an east-west connection that's off of Overland Road that runs approximately between South Linder and South Ten Mile Road, that's a two million dollar project. So, we are talking about a total of seven million dollars worth of improvements within the life of this district. This map shows in an estimate as to the proposed siting of those projects as this project area builds out. Yellow line represents, obviously, the -- the approach to the Linder pass -- overpass Page 23 Meridian City Council Item#2. December 14,2021 Page 5 of 70 and, then, the -- the green line that is parallel to 1-84 is the proposed location of the sewer line and, then, the pink -- pinkish line is the proposed location of the east-west local road. These are representative and, you know, once development occurs these will be more appropriately sited, but just for purposes of representation these are the estimated locations. So, Attachment 5 is the economic feasibility study to the plan. That includes the revenue model and assumptions that are used that drive whether or not this project is economically feasible. The -- the estimated tax increment yield over the 20 year life of this plan is 11.3 million dollars. The private investment in this area is estimated to be 110 million dollars and at the 20 year mark it's estimated that this project area will have accrued of 218 million dollars worth of increment value if it goes the full 20 years. The assumptions are similar to what you have seen before in these discussions. One difference is that it is anticipated that those unincorporated parcels will incorporate into the city prior to development occurring. Land value is estimated to increase at eight percent a year for five years and, then, four percent for the remainder of the term. Improvement values are increased at ten percent, with five percent for the balance of the term. The tax rate -- the overall tax rate that generates revenue for this project area is reduced by ten percent and held constant through the life the district, which is pretty conservative at .0053. Again, the total capital cost and the improvements over the life of the district are seven million dollars. The -- the Linder overpass is inset in 5.4 -- Attachment 5.4 to the plan. It shows how those funds will be, essentially, allocated to a fund that accrues over time. So, there is a revenue model that shows how all of these projects can be paid over the life of the district. Just a quick note. Council Member Strader had requested some information concerning scenarios showing the city's budget capacity with and without the Linder district revenue allocation area. That information was provided to Council Member Strader and it really does show that there is no harm to the tax base and that, in fact, the budget capacity does increase over the life should -- should this district be in place. Other considerations, since we are talking about a multi- jurisdictional project area, we did have to have a number of meetings with the Ada County Board of County Commissioners. They did review the eligibility study for this project area and determined that there was a basis to consider an urban renewal project for this area. Originally the project area was slightly larger as directed by this body at the time of the adoption of this -- of the eligibility study we were directed to remove some of the parcels north of 1-84. So, the project area is smaller than the study area. Additionally as a statutory requirement, the Ada County Board of County Commissioners has to adopt a transfer of powers ordinance, as well as the intergovernmental agreement that's entered into between the Board of County Commissioners and the City Council. The Board of County Commissioners has completed both of those tasks and, then, finally, as this is a new project area and based on statutory changes, there is an agreement that was signed on Monday with Ada County Highway District and will -- between Ada County Highway District and Meridian Development Corporation concerning the use of those revenue allocation dollars in this project area. So, final point, here is the -- the timeline of the consideration of this project area. It's gone through a number of public meetings, both before the City Council, Meridian Development Corporation and the county as well. There has also been discussions with Ada County Highway District. The notice of this public hearing was published in the Idaho Press two times and today is the time set for the public hearing and ordinance reading. So, with that happy to stand for any questions. Page 24 Meridian City Council Item#2. December 14,2021 Page 6 of 70 Simison: Thank you. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Not a question. I appreciate the timeline. It's helpful. We kind of look at these in week to week periods and putting them all together is helpful. Are you aware of any of these public hearings? Has anyone come to testify about these in -- particularly in opposition to what's being proposed? Conrad: Thank you, Mr. Mayor, Council Member Cavener. Just to be clear, not all of these were public hearings. They were public meetings. I am not aware of anybody that has come forward. There has been significant public outreach with the property owners within this proposed project area. I have not -- I'm not aware of any conversation. Cavener: Thank you. Simison: Council, any additional questions? Okay. Thanks, Meghan. Conrad: Thank you so much. Simison: This is a public hearing. Mr. Clerk, do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, no one signed up. We have also received no comments. Simison: Okay. Well, if there is anybody in the room that wants to come forward and provide testimony on this item, you can -- now is the time to do so, or if there is anybody online that would like to provide testimony, please, use the raise your hand function and we will be happy to bring you in for any comments. Seeing no one in the audience that would like to provide testimony or nobody online wishing to provide testimony, Council, do I have a motion to close the public hearing? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: 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 nay? The ayes have it and the public hearing is closed. Page 25 Meridian City Council Item#2. December 14,2021 Page 7 of 70 MOTION CARRIED: FOUR AYES. TWO ABSENT. Simison: Next item up would be the reading of the Ordinance, No. 21-1958. Ask the clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. This is an ordinance of the City Council of the City of Meridian, Idaho, approving the urban renewal plan for the Linder 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; providing for waiver of the reading rules; and providing an effective date. Simison: You have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, Council, what's your pleasure? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve Ordinance No. 21-1958. Simison: Under suspension of the rules? Bernt: With suspension of rules. Hoaglun: Second the motion. Simison: Have a motion and a second to approve Ordinance No. 21-1950 under suspension of the rules. Is there any discussion? If not, all in favor signify by saying aye. Borton: Mr. Mayor, I abstain. Simison: Any opposed? No opposed. So, the vote is three ayes, no nays, and one abstention. Borton: Thank you. Simison: Mr. Borton. And the item is agreed to. MOTION CARRIED: THREE AYES. ONE ABSTAIN. TWO ABSENT. 2. Public Hearing for Pera Place Subdivision (H-2021-0056/H-2021-0091) by Leavitt & Associates Engineers, Located at 4600 W. Daphne St., 4546 W. Daphne St., and Parcel S0427325702, Near the Northeast Corner of N. Black Cat Rd. and W. McMillan Rd. Page 26 Meridian City Council Item#2. December 14,2021 Page 8 of 70 A. Request: Annexation and Zoning of 10 acres of land with a request for the R-8 zoning district. B. Request: A Rezone of 6.84 acres of land from the R-4 zoning district to the R-8 zoning district. C. Request: A Preliminary Plat consisting of 65 single-family detached building lots and 7 common lots on 16.63 acres of land. D. Request: Development Agreement Modification (H-2021-0091) to terminate the existing Development Agreement (Bellhaven Subdivision, AZ07-011 & PP-07-016, Inst. #108057324) to incorporate the subject parcel (SO427325702) into a new Development Agreement consistent with the proposed Preliminary Plat and Annexation for Pera Place Subdivision (H-2021-0056). Simison: So, with that we will move on to Item No. -- thank you, Tori, Bruce, Meghan and Phil, who is online this evening for your work getting all those moving forward and done timely. Next item up is a public hearing for Pera Place Subdivision, H-2021-0056 and H- 2021-0091. We will open this public hearing with staff comments from Joe. Dodson: Thank you, Mr. Mayor, Members of Council. As noted this first action item tonight is going to be Pera Place Subdivision. The site consists of 16.63 acres of land, zoned RUT, Rural Urban Transition, and R-4, located across three different parcels, generally near the northeast corner of Black Cat and McMillan. To the north is existing R-4 and single family. To the east is -- to the east and south are county residential, five acre parcels. To the west is R-8 zoning with single family residential development approved and under development. The future land use designation on the site is medium density residential, which allows residential uses at density -- gross density specifically at three to eight dwelling units per acre. The request before you tonight include annexation and zoning of ten acres of land, with a request for the R-8 zoning district. A rezone of approximately seven acres of land from the R-4 zoning district to the R-8 zoning district and a preliminary plat consisting of 65 single family detached building lots and eight common lots on 16.6 acres of land. The subject project includes three existing parcels, one of which was annexed into the city with the R-4 zoning district in 2007 and has an existing development agreement. The area to the north of this project is developed with R-4 zoning and with detached single family homes. In addition, there is an R-8 subdivision approved to the west of this project as noted under the name of Brody Square Subdivision. The applicant is proposing Pera Place with 65 building lots, which equates to a gross density of 3.91 units per acre. The proposed use of detached single family residential is an allowed use and anticipated use within the requested R-8 zoning district and the future land use designation of medium density residential. The area of R-4 that's existing, which would be this north parcel here, this weird shaped one, created a county enclave, which is known as the Poorman outparcel, which is this little piece here. There is the property line directly in line with this property line. It created a county enclave that is still owned by the same property owner. The enclave is not annexed and was approved Page 27 Meridian City Council Item#2. December 14,2021 Page 9 of 70 for a plat in 2007. The plat is long expired, but the DA still exists. The applicant is requesting to rezone this area to the R-8 zoning district to match the requested zoning of the rest of the plat. Because there is an existing DA tied to a plat that is no longer valid and the applicant is requesting to rezone this area, the applicant did submit a development agreement modification to replace the existing DA -- well, to terminate it and, then, replace it with an new DA to incorporate this area into the boundary of the annexation under area concurrent with this plat. In general, staff finds that rezoning this area from R-4 to R-8 is a logical expansion of the existing zoning near this corner of Black Cat and McMillan. Staff finds a proposal to annex the ten acres and, then, rezone to the R-8 zoning district, offers an appropriate transitional density to the developed R-4 area to the north, specifically because of the changes that the applicant made to align the northern properties here with those existing to the north. There are two existing county residential single family homes with accessory structures on the two five acre parcels abutting Daphne Street. All structures are proposed to be removed upon development of this project. The Poorman outparcel also has their septic tank drain field on a small area just north of their property line near North Black Cat, which you can see with a dotted line here. Originally there was a nonbuildable lot in this area, but following staff's recommendation they have removed this buildable lot in lieu of an easement and future legal document, which is going to outline as maintenance use and termination as noted in an existing DA-- or proposed DA provision. Overall for the project the proposed use is detached single family residential with an average lot size of approximately 6,700 square feet. The minimum lot size of around 5,300 square feet. The proposed use, lot sizes, and revised lot of alignment along the north boundary should provide for a development that is cohesive with the adjacent development to the north and the planned development to the west and southwest. All subdivisions -- all subdivision developments are required to comply with the subdivision design improvement standards in UDC 11-6C-3. Specifically, the length of the proposed east-west cul-de-sac shown as West Philomena Court in the north portion of the site does not comply, because it was greater than 500 feet. It is approximately 550 feet in length. Now, originally the preliminary plat met this 500 foot requirement and it included an access easement from the cul-de-sac to the west to the Poorman outparcel. Staff recommended that the applicant extend Philomena Court further west, so that -- so that way right of way touched the property line. Staff recommended this, because easements are more difficult to track and maintain than having abutting right of way touching a property line. With the current layout the city will have more means of requiring the Poorman outparcel to take access to Philomena Court, instead of Black Cat should that property ever redevelop. Access for the site -- I will go back to the bigger picture. Access to the site is via multiple local street connections and does not have any arterial or collector street connections. One access is the extension of North Supino Avenue, a local street stubbed to the north property boundary here from the Vicenza Commons. The applicant is proposing two new north-south local street connections to West Daphne. West Daphne abuts the property along the south boundary here. So, these are the two other north-south local streets. Daphne Street is the access point for the existing county residents and is proposed to be improved with half plus 12 feet of pavement, curb, gutter, and five foot attached sidewalk, consistent with the local street -- street section. The proposed North Supino extension intersects Avilla Drive, which is being constructed from the west from Brody Square and is the access point for Page 28 Meridian City Council Item#2. December 14,2021 Page 10 of 70 the noted Philomena Court. The applicant is proposing a common drive off of North Supino, which was this here, and has access to three building lots. It looks confusing, but the back three take access off of this, these two take access off of Supino. All the local streets are proposed as 33 foot wide street sections with five foot attached sidewalk within 47 feet of right of way, consistent with ACHD policies. The applicant is also proposing to extend the Avilla Drive to the east boundary as a stub street for future road connectivity to the east. Five foot detached sidewalk is also proposed along Black Cat as required along an arterial. As proposed, this project and the existing conditions of the Poorman outparcel not being annexed into the city would create a sidewalk gap and continue the sidewalk gap along the east side of Black Cat. This gap would be approximately 190 feet in length and equates to the outparcels frontage along Black Cat. The sidewalk gap is wide -- the project required ACHD commission approval, instead of the standard staff level review. The ACHD commission approved the road layout and the overall project without this additional sidewalk, but instructed the applicant to try and obtain additional right of way and sidewalk along this outparcel frontage. Staff has recommended a condition of approval along the same lines of this. Consistent with other approvals in the area as well, staff does recommend an interim sidewalk is constructed along the outparcel frontage for pedestrian safety and to eliminate the sidewalk gap until frontage improvements are required, should the Poorman outparcel redevelop. So, the way this usually works is you take a portion of the shoulder and have a raised curb in order to have that sidewalk along that frontage. It should not impede too much on any existing landscaping or berming along Black Cat, but the applicant needs to work with the -- with ACHD, as well as the Poormans, to get that done. The application is proposing approximately 2.84 acres of qualified open space, which equates to approximately 17 percent of the gross area. They are also proposing three qualified amenities. A shade structure with a picnic table, a tot lot, and at least 20,000 square feet of extra open space, meaning above the minimum requirement. Staff finds the proposed open space and amenities to be thoughtfully designed and placed for appropriate recreation use. So, the two main areas -- this is linear open space here that has a nice pathway and three irrigation ponds, because there is apparently groundwater issues here for irrigation, and, then, there is a large green space here with some existing -- basically tree farm that they are maintaining and they will extend, from my understanding, so they get this pathway through and that was discussed at the Commission hearing as well. At the Commission hearing they did recommend approval with a couple of noted modifications. There was some public testimony. They discussed the location of the proposed micro path, transition and lot sizes between what's proposed here and there. So, that was Justin. Overall desire for the applications to be approved as proposed, because of the applicant's willingness to work with the sellers, and there was discussion about the city's place in creating the Poorman outparcel starting in 2007 and onward by not requiring the parcel to be annexed originally. The Commission discussed the use proposed for the irrigation ponds, configuration of the remaining parcels to the south and east. Specifically is the proposal in adequate transition to the larger county five acre -- the larger five acre county parcels. They discussed the size and configuration of the lots on the common drive and they discussed issues of allowing the existing Poorman outparcel to remain and not become part of the plat and what are our options in requiring them to annex. As noted, the Commission did recommend approval with two specific recommendations. They Page 29 Meridian City Council Item#2. December 14,2021 Page 11 of 70 wanted to move the micro path and the large open space lot to be further away from the existing fence, which they did. It used to be a little bit closer here and kind of looped around by the fence. They moved it more centralized to the cul-de-sac, which was an easy fix. They also revised -- they were required to revise the lot lines along the north boundary to align with the existing lot lines of the Vicenza Commons Subdivision, which they did. Therefore, there are no outstanding issues for City Council, other than I guess the noted waiver that they need to have the cul-de-sac longer than 500 feet. There has been no written testimony since the Commission hearing and so now I will stand for any questions. Simison: Thank you, Joe. Council, any questions? Okay. Thank you. Would the applicant or their representative like to come forward? State your name and address for the record and be recognized for 15 minutes. Tseng: Tony Tseng. 6518 North Fairborn Avenue, Meridian. Mr. Mayor, Members of Council, I appreciate the opportunity today to present Pera Place. My name is Tony, represent Applied Media, developer of Pera Place. In attendance we have Dan Lardie with Leavitt and Associates. So, if there is any technical questions he is happy to jump up here and answer -- answer any questions. I want to start by thanking Joe and Bill, who have been greatly instrumental to getting this done. I think Bill was the gentleman that actually was part of this project back in 2007. So, he has a lot of background and had a lot of insight about the project. So, they have been really, really, really helpful, so -- I will just scroll there. Okay. So, a lot of this information here the staff has covered. And the reason I put this map up is that when you go to the overhead map via Google Maps or Apple Maps, it looks really sparse, because the maps aren't updated. So, what I did is I kind of put together what's being planned, what's been built. The little green spot there is our -- our Pera Place and, you know, we didn't choose to make it kind of shaped like a goat, but because the land that was available to us we had to fit this into what Brody Square has already done, what's available -- with the land that was available -- available to us to kind of create the subdivision. So, just want to illustrate what's going on there. know there was question about density, a question about whether the R-8 density is appropriate for this piece, and I wanted to kind of illustrate -- if you look around this area there is a lot of R-8 density, some R-15, and since we are building to a much lower density, under four on a gross basis, a little bit above 4.7 on a net basis, I feel like it's a pretty -- pretty appropriate transition coming south from R-4 density and as you move towards Brody they are a little bit denser and Berkeley has a project down there that's R-15, it's like a townhome community, so I think it's a good blend. I stole a slide from staff. It kind of illustrates. Everything in red is the Jamestown Ranch. I know that they are not approved, but I know that's a plat that they are I think seeking approval in next month -- or, actually, this month for the Planning and Zoning and so this is a good overview of what -- what that side of the town is going to look like. It's kind of getting all developed out and this is just an illustration what the future land use was going to be. It's medium density residential, as Joe had stated, and so our little subdivision kind of fits right into that medium density, with the three to eight dwelling units per acre. So, as you can see, this is a little bit different than the illustration they have shown. Our engineers have told us that the pond had to be a little bigger, so you will see that adjustment, and the lot lines on Page 30 Meridian City Council Item#2. December 14,2021 Page 12 of 70 the north as per Planning and Zoning's recommendation is to line up the lot lines. So, we went ahead and eliminated one of the lots and if you have noticed the top left corner, that's kind of where the story really starts, is, you know, originally when we saw this piece of land, you know, we had four or five lots planned in that corner and so our original plat -- this is probably our fifth version -- included four or five lots there. So, during our first neighborhood meeting a lot of neighbors showed up and I noticed one of the biggest issues was this lot. The trees that have been there -- the Poormans have been there for going on 40 years. They started planting trees. There is -- there is willows and blue spruces and there is a -- it's a nice -- it's a little park in the middle of the city and the -- the neighbors all talked about how much they enjoyed this park, this -- this tree area and one of the neighbors, Maria, even said one of the reasons she bought her house was because of that piece. So, we went back to the drawing board, we heard what they had to say and we knew how important it was and we went out and decided to leave that area be. Put a little micro path in there, make it an amenity. I didn't realize how much people enjoyed that piece. In fact, back in 2000 -- in fact, Poormans tried to donate this two acres to the city and the city said the minimum donation size was five acres and that's how much they cared about the piece, they were willing to give it away, and they wanted to maintain it. They have seen it grow for 40 years. I mean I think Paul planted most of those trees himself. So, hearing all that and hearing public testimony and knowing that, you know, this qualifies as open space, it's not to our benefit to -- to have some more open space. We felt that, you know, it was a great recommendation by the neighbors. We took that into account and we went ahead and made that just an amenity. This is just the kind of summary of the raw data of the land. Obviously, a little higher than needed on the open space, but I'm sure that's expected. So, here is a picture of that lot -- that area that I spoke of. You can see this Google Earth aerial picture. There is going to be some -- I have already warned all the neighbors and the Poormans there is going to be some trees that need to be thinned. There is -- we are going to lose some trees that abut to Black Cat, just because of -- we have the sidewalks that go there. But our goal is to preserve as many trees, prune it back, make sure it's a safe lit walkway for the community -- not only Pera Place, but I know there is a letter from a gentleman -- a family across the street that said -- was very in favor of keeping this tree. I mean it was such a big issue that I probably -- whether I liked it or not, we are not going to fight it. There is a picture of the path -- the path area. I have been at this property many times and there is a natural path that we can, obviously, amend. We will work with the neighbors and make sure that the path makes sense. I know Joel, who didn't make it today, is concerned about it being too close to his property, so we did move it to a more centralized place and the lighting will be very -- we will take a lot of care into the lighting, because the last thing we want to do is have light shining into people's backyards. So, a little history. I just want to kind of bring up the history. I know this outparcel, this Poorman residence, is a discussion. This was the original 2007 annexation into the City of Meridian in an R-4 basis. You can see that it was kind of an interesting -- it was called Bellhaven at the time. Kind of an interesting little piece. Didn't really make sense. They had a couple of developers try to get this through, put some -- some lots in there and it kind of never made sense and then -- so, what happened was the Lamunyons, Cheryl and Gary, thought, hey, what if we did together and we -- so we kind of worked with the two families. Didn't make sense either. And upon advice from Bill, they have always said -- a couple developers to try to make Page 31 Meridian City Council Item#2. December 14,2021 Page 13 of 70 this subdivision work, but you need more land and so, therefore, we got the Peras involved and once the Peras agreed to be part of this -- kind of -- this project, we made it --we were able to have enough land to make a subdivision make sense. So, the Poorman piece is really important. If you look at this, this is a view from the north heading south on Supino. It's a connector that would be connecting a lot of that southern piece to the northern piece where Pleasant -- Pleasant View Elementary School is. You know, obviously, with Brody Square having about 65 homes, the Daphne by Berkeley with 28 homes planned, and there is going to be hundreds of homes back there -- it provides a nice, safe, you know, interior path for children to access the elementary school. So,ACHD -- so, we went through ACHD -- got the ACHD approval. I know the big issue -- and I want to step into it -- is this sidewalk gap and we have worked with Poormans greatly and -- and their recommendation was -- they approve the project as is, but they want to make sure that we are working with the Poormans on a solution and so in this -- in this e-mail that -- in this e-mail I sent -- I'm going to show you the e-mail real quick. And, by the way, Paul and Gayle have been great in this process. You know, we have worked closely with them and I respect their rights as -- as landowners of -- you know, to stay in the county if they choose, but in the e-mail what I have said is, listen, if they want to annex I would be happy as a developing partner to pay for the curbs, pay for the asphalt, pay for any connection they want on the back end. Now, I'm not saying they should, but we are willing to and as part of ACHD's requirement is I need to work with them and so we offered to pay, we offered to help them out and, look, if you ever go to the Poorman's property, they built this house themselves back in '94. It took them three years to build. It's solar. It's heated by thermal. It's -- it's self sustaining. They have net metering. They are actually pumping power back into the city and so I respect their right to -- as their -- as a property owner, but one thing they have done is -- and you can see with ACHD -- their -- their -- their plan is that in 2036 they are going to expand the lanes. Now, we all know with the activity in Meridian that -- that timeline is going to be moved forward quite a bit, but the current plan is 2036 and, you know, the Poormans figured, hey, you know, we have a bunch of years left to keep this access. Let's try to keep it as long as we can and be self sustaining, so -- yeah. So, we went -- we have worked with the Poormans. We actually went out there and walked in and they have agreed to make a temporary sidewalk. We walked the property with them. In fact, they will now agree to allow us to create a temporary sidewalk. They are allowing us to kind of eat into some of their vegetation. Part of that is I agreed with them is that we are going to give them a fence. And one of the big things is that that's their front yard, they know the city wants it, they are working with us. I think they have been really fair and easy work with. That being said, do I -- if they are annexed in would this -- would it solve most of our problems? Sure. But I don't think we have -- I have a right and anyone has a right to force them to annex in. The seven acres has ready been annexed in, so, you know, I think that's a fair ask that -- I'm just very appreciative of the fact that they are willing to work with us on creating a temporary path and that's what -- this is what the path looks like. So, if you are looking from the north, this is what that area looks like. They are willing to give up some of the bushes and some of their-- their property in order to facilitate a safe path -- path for us to all work with. So, in short, you know, we have worked -- I think we -- I hope you appreciate the fact that we worked, you know, really hard to make this kind of unique piece -- it was pretty challenging. It's not the prettiest piece. You know, if we had a -- you know, a big Page 32 Meridian City Council Item#2. December 14,2021 Page 14 of 70 two or three nice rectangles to work with, you know, we could get a little more creative, but based on what we had to work with this is the best shot we had. So, I am happy to stand for any questions. Simison: Thank you. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: First off, Tony -- Tony, right? Tseng: It's Tony. Yeah. Simison: Thanks for being here. This is kind of a quasi in-fill project and they often bring with them such unique challenges and I will just say -- I think it's very rare that we have an applicant that comes before us that has been so proactive in trying to address them from many different angles. So, I appreciate that. Tseng: Thank you. Cavener: My only real question for you is, you know, this -- the common space is really a unique passive park is really what it kind of is and I'm -- I'm just curious -- we always hate, you know, thinning trees, particularly some that are really mature in that area. I know you are, too. I'm just curious. Is it your plan to engage the city arborist in that process? Tseng: Absolutely. Yes. That's the plan. Cavener: And just -- Mr. Mayor, one more if I may. Simison: Councilman Cavener. Cavener: Just --just for clarification. I was under the impression the Poormans were not in favor of connecting the sidewalk, but your comments towards the end led me to believe that maybe they -- they -- Tseng: Yeah. They are not -- they weren't in favor and -- and we have been working -- I mean Paul and Gayle, I have got them pretty well. Yeah. I call them. I text them. They are probably sick of me, because I'm trying to find solutions and I really think as a developer it's trying to find a solution between the city and the community and I take recommendations as this is what you want, why fight it, you know, and that's -- even though -- the funny thing is if you look at the P&Z meeting Joel came up and said I like those, you know, northern lots lined up and, then, afterwards I go, Joel, why do you want them lined up, they will be staring into each other's backyard? He goes, yeah, you are right, I probably don't want them now. It's too late. They have -- they have ordered us Page 33 Meridian City Council Item#2. December 14,2021 Page 15 of 70 to line them up because -- based on your recommendation. I will lose a lot, kind of hurts, but I know it is what it is. And he was like, oh, man, you know, he thought about it somewhat -- some more afterwards, but what can I do; right? You can't unring a bell. So, you know, a lot -- a lot for me is trying to make it happen for the Poormans. I mean they have been working at this since 2007. You know, it's a long time, you know. And they are -- they are great people. So, you know -- Cavener: Great. I have no other questions at this time. Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, the thing -- the -- the property that's to the south of the Poorman's property, that's -- that's planned for development, if I recall, but do you know the time frame for that development to occur? Tseng: Yeah. So, that's -- I think his name is Randy Clarno with Pinnacle. It's called Brody Square. So, they are approved. They have broken ground. So, they are in development right now on the -- on the horizontal side. I think I -- the last I talked to them -- they will be going vertical probably in the next four to six months. So, it's a timing. I mean they are -- they are having -- I think they got approved a bit ago. Maybe six or eight months ago. I haven't checked the record. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Just to follow up, I was -- I was concerned, even with a temporary sidewalk, it was going to be a sidewalk to nowhere, you know, to --just the timing on that. But it sounds like things will work out from a timing standpoint. Tseng: Yeah. They are -- they are definitely ahead of us on the time scale. Hoaglun: Thank you. Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: Just wanted to clarify that point further. I have driven out there for other inspections and I think that their landscape buffer and fencing, especially on their north piece, is already done, which means the sidewalk is there. Tseng: Sorry. I didn't notice. Page 34 Meridian City Council Item#2. December 14,2021 Page 16 of 70 Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Can you explain what a temporary sidewalk will look like? Is it asphalt or is it going to be -- what is it going to be? Tseng: I would -- we have talked about that and we are committed to put in whatever -- I mean the Poormans can speak -- we are -- we are putting -- we are prepared to put in what's safe. I think the curb is really important. That -- that piece is important. I have always pictured the asphalt. We are open --we are willing to work with the city and ACHD. I have worked with ACHD on different projects and they are actually generally easy to work with. We -- we are open to whatever makes the most sense forACHD and the city. I think it's a combination of both. No -- no firm plans. Sorry. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Joe, what would be the recommendation of the city? Dodson: Thank you, Mr. Bernt. I would say because it's going to be interim, Black Cat out will get widened, staff anticipates that ACHD will say it's going to be asphalt. Just the raised curb is probably one of the most important pieces, like Tony said, and, then, have that outside of the edge of the shoulder there. But asphalt should be fine. Bernt: So, raised curb with asphalt? Dodson: Yes, sir. Bernt: You are okay with that? Tseng: Absolutely. Simison: So, just two cents that -- to take back in case there is still openness is it seems like it would be smarter if they want -- if they like the landscaping to do it now, to allow it to grow back before that road becomes a five lane road, unless they are committed to just having a fence be their only real solution. Take that for whatever that is. I don't know if they are listening, if they are watching or they are here, but to me that's what I would do. I would start getting my land -- get it put in the right place long term, so that your landscaping can grow back before you do have five lanes. But that's my two cents, for whatever that's worth. But I didn't have any question, it was more of a statement. Council, any additional questions? Okay. Tseng: Thank you. Page 35 Meridian City Council Item#2. December 14,2021 Page 17 of 70 Simison: Thank you. Mr. Clerk, do we have anyone signed up to provide testimony tonight? Johnson: Mr. Mayor, we do have a few. First is Paul Poorman. Simison: Okay. Johnson: I hope I pronounced that right. Simison: If you will state your name and address for the record, please, and be recognized for three minutes. Poorman: My name is Paul Poorman. Address is 5230 North Black Cat Road and, Mr. Mayor and Members of the City Council, I would like to present my comments about the Pera Place Subdivision and let me just say that I'm hoping that you will approve that -- approve the subdivision tonight and I will tell you why. I am going to skip way through my little talk here, because Tony pretty much said and summarize what I was going to say. He has really tried to -- and succeeded in bringing a lot of very different constraints and issues together and come up with a solution to pretty much all of them and he didn't have to do that, but he's been an extremely flexible developer and the -- the plan that he has really -- really looks like it's satisfied many of those concerns and I think we talked about the temporary pathway and Tony and I are -- and Gayle, my wife, are working on some ideas for that. We think we can come to some kind of agreement for something that works for us, as well as for Tony and for the city. We are hoping that that will -- will happen and so I guess I would just like to say that I hope you will approve the plan. Tony is a first class guy and he's working to build a community of desirable homes for generations to come and I think Meridian needs to encourage more developers like Tony to build our future here. Thank you. Simison: Thank you. Council, any questions? Okay. Johnson: Mr. Mayor, next is Gayle Poorman. Simison: If you would state your name and address, please. G.Poorman: Mr. Mayor, Members of the City Council, my name is Gayle Poorman. 5230 North Black Cat Road in Meridian. If you would tolerate me, I want to tell you a little story about our place, because it is very special and I think it has become special to our new neighbors as well. About 40 years ago when we bought our property the whole area -- I don't know if any of you remember that are as old as I am, but it was all open. It was completely open space. It was farmland. And on our acreage it was just field grass, just bare. So, we decided to plant some trees. Five hundred of them to start with. And questioned my husband's logic. In the middle of the desert I said. And it became known as Poorman's folly. Well, over the years as we watered, nurtured, and planted hundreds more trees, a lot of them we were able to sell to the neighbors, because they wanted landscaping trees, and so we -- we did those. There is a -- as Tony mentioned, there is Page 36 Meridian City Council Item#2. December 14,2021 Page 18 of 70 a wide variety of trees there. There is Scotch pine, Ponderosa pine, Norway spruce,Ash, willows and birch. So, as our trees became bigger and we got more out of the landscaping business, what we have today is a beautiful forest and it is home to a lot of birds. We have migratory birds. Our neighbors told us that they have -- they have observed a hawk family there this summer. So, it's been a really special place and I think that our neighbors recognize that and support this plan that Tony has come up with. I think what inspires me the most about this is that Tony, of all the developers that we have worked with over the years, has come up with a plan that -- that really accommodates not only our neighbors, but us and, hopefully, the city will realize that we are trying to work out this pathway thing and we will come up with something, so that -- so, that it is agreeable and I guess my vision for it is -- as -- as --when we are gone is that this little place will become something that maybe future students, forestry students, could come and plant little seedlings and -- and just recognize how important it is to have a natural landscape in the middle of a sea of subdivisions. So, I just appreciate you listening to my story and I'm open to any questions you might have. Simison: Thank you. Council, any questions? Johnson: Mr. Mayor, next is David Pera. Simison: Good evening. State your name and address for the record, please. Pera: David Pera. 4546 Daphne Street. Mr. Mayor, Council Members, thank you for hearing me. A little nervous. I don't talk in front of people much, because I usually say what's on my mind. Nobody really wants to hear that. I will stick to the cards. So, we have lived on Daphne Street since 2000. Over the course of time several developers have come -- real estate agents, knocked on doors and have given us offers, proposals, all the things you would expect from them. All of the proposals came up with unrealistic ideas for northwest Meridian, in our eyes anyway. We are working with Tony Tseng. His vision for the Pera Place Subdivision has been well thought out and he has offered and developed a great community. Taking into consideration all of the neighbors wants and needs in the area there -- it's not many of us -- he has been very thorough and fair to all involved. We have seen that area go from corn fields to neighbors -- neighborhoods with parks and schools. We love the area and wanted to stay. Tony worked with us to make our thing -- or our vision and things come to fruition. With moving on after -- if this goes through, if you approve it, we plan on staying in the community and being able to provide a house for sons, as well as us, so we can stick around, because we like it here. So, thank you for your time. Appreciate it. Simison: Thank you. Council, any questions? Johnson: Mr. Mayor, next is Erik Harter. Harter: I'm Erik Harter. 5369 North Exeter Way. I just live just north of the trees that we keep talking about. We can't say enough about Tony. I don't think you are going to have any neighbors here to say don't approve it. I think everyone's going to be here to ask you Page 37 Meridian City Council Item#2. December 14,2021 Page 19 of 70 to approve it. I don't know if you have seen that in a long time where you are putting a new development in and neighbors are going -- we asked for bigger lots behind on the very north side of it added. Kept the trees, which was so important to us. We live there. We -- I have a picture of an owl on my back stoop that we know lives in those trees as well. So, having that nature around us -- it's, obviously, a great view for us, but it's just really cool and it's so unique and Tony did all of these little things to try and make it better for us and everyone that's here is here asking for you to approve it and I don't think you get that too often in a brand new development that's happening right behind development that has even a different R designation for it, too. So, we are just saying we would love for you to get approve it. Thank you. Simison: Thank you. Council, any questions? Thank you. Johnson: Mr. Mayor, Ken Tokowitz. Tokowitz: My name is Ken Tokowitz. 5381 North Exeter. Unfortunately, gentlemen, I have not been privy to the other meetings. I was working out of town for the last several months. Fortunately, I'm back in town and was able to pretty much get the gist of everything from my other neighbors. We are actually in the corner lot that abuts Black Cat, so, we, obviously, have a tremendous amount of exposure to the Poorman's lot and really are privileged to all the things that everybody else has spoken about from the nature scape to just the beauty of seeing the trees. It provides a tremendous amount of benefit and it definitely sounds like everyone is on board. From what I have been told Tony has done an outstanding job of working relentlessly to make this happen and it seems like it's going to go through. So, I'm just here to also give a yea and say would really like to see you pass this. We do like the proposal. Simison: Thank you. Council, any questions? Thank you. Johnson: Mr. Mayor, next is Victoria Tague. Tague: Good evening, Council. I'm Victoria Tague. I live at 4625 West Twisted Creek. I live exactly north of the cul-de-sac that's proposed and we are so excited about the trees. You have heard a lot about the trees. They are gorgeous. It's what my back porch looks out on. We, too, have seen the gorgeous birds and the wildlife that live there, so we are very pleased. Tony has been absolutely wonderful listening to us and having us be heard. My only concern at this point is that that cul-de-sac not become a parking lot. I look -- I will look directly out of that cul-de-sac and I know there is future talk about the Clements having access to that cul-de-sac if they are ever annexed, but I would just hope that cars don't remain there, get parked there, stay there long term. That's it. Any questions? Simison: Council, any questions? Bongiorno: Mr. Mayor? Simison: Yes, Joe. Page 38 Meridian City Council Item#2. December 14,2021 Page 20 of 70 Bongiorno: I can address that concern if you would like. Simison: You can certainly take a shot at it. Bongiorno: Okay. Thank you. So, in the fire code that cul-de-sac, if I remember right, is the minimum size for a cul-de-sac and there will be no parking allowed on that -- on the cul-de-sac. It will be signed no parking fire lane. Simison: Thank you. Johnson: Mr. Mayor, there were a couple others, but they didn't say they wanted to speak, so that is everyone that signed up. Simison: Okay. If there is anybody else that would like to provide testimony on this item, please, come forward at this time. Harper: Mr. Mayor? Simison: Okay. Thank you. Harper: I just want to bring up a couple of things in regards to the tree area, which I'm not overly concerned about, but I just want to make sure that we get a really good plan on visibility through that -- through those trees without removing as many of them as possible. But, again, it does become a little bit of a safety concern if it's dark or it's densely -- if it's dense around the pathway, so it's something that we definitely want to take a closer look at and make sure that it is safe for families and people to walk in the evenings and be able to get through that area and enjoy it at the same time. Simison: Is there anybody else who like to come forward and provide testimony or anybody online that would like to provide testimony? If so, use the raise your hand feature. Seeing no one else, would the applicant like to come forward for final comments? So, we are -- he is waving his -- oh, actually, you are going to have questions, so you probably should come up is what I'm hearing. State your name just for the record. Tseng: One more thing is that -- I want to thank all the neighbors coming out. I know it's the personal time and having support really feels -- it feels good, so thank you. Thank you, guys, for coming out. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Tony, I appreciate you lining this up. This is a unique property and -- and as you know, being a developer in Meridian, a lot of times for our developments we want the open space and the common area to be more centrally located, but I think this is a unique situation with very valuable asset of trees and a beautiful location that needs to be Page 39 Meridian City Council Item#2. December 14,2021 Page 21 of 70 protected and -- and appreciate you working with them. But as we go back to the irrigation area and whatnot, we have got that. I know there was a -- I think you have a pergola with picnic tables and a tot lot. Where were those going to be? Were those going to be back in the central part or are we back to the tree area? Tseng: Currently designed to be in the central part. Hoaglun: Okay. Great. Thank you. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Good work, Tony. Just one question as well with that common space area in the middle. Sometimes we don't get too excited about having irrigation ponds and such and not use as common space. I don't understand why in this particular situation it's necessary, but what are you going to do to mitigate the mosquitoes and -- I mean what is -- what are you going to do to beautify it and keep it from looking ragged when maybe there is not water in it or when there is water in it, you know, and have it look nice and have it be a real -- a real public amenity? Tseng: Yeah. So, our landscaping budget is rather high, because we are --we are basing it on the fact that we have -- and to address the police -- is that there is going to be as many lights as we can put on there for the nighttime, because that was a concern is we didn't want to turn that into a hazard. So, those are all concerns. Our landscaping budget is quite high for this project. You know, we are at 16.8, 1 think almost 17 percent open space, so we realize that -- the money you have to spend. We have a dedicated budget that is -- actually, I can pull a little bit more from it and, look, we -- the Peras are going to live there. I live less than a mile away. This is in my backyard. We have the budget and we want to make it nice. Now, specifics, if you want to outline specifics that you say, hey, Tony, I know you need to do these three things, again, you probably see -- heard from everyone here I'm happy to comply. I'm here to make it happen. As long as they are reasonable. If you want me to dome it and glass it probably a little pushback, but if there is suggestions we are open to it. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I would really recommend it being like a -- like a trophy trout pond. I mean if -- if you are -- if you are asking me what I would rather have in that area, I mean let's put some big of -- Tseng: We will look into it. Bernt: Okay. No. At the end of the day you really don't want Council designing anything Page 40 Meridian City Council Item#2. December 14,2021 Page 22 of,0 from the dais. I mean any-- any presenter up here will tell you that will --that--that never turns out in your favor. Tseng: But I like getting recommendations. Bernt: You do. And you're -- I just had those one couple of questions. You answered them. Tseng: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Tony, I think it's more -- it's either, you know, a permeated stone or something like that. You don't -- I live in a neighborhood that has a retention pond that turns into the dog's mud pit, you know, a few times a year. I think you know what you are doing on that and just want to make sure that it serves as the intended amenity for the residents and I have got real confidence that you will do that. Tseng: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, question probably for Joe. You know, we talked about the lighting for that wooded area for security purposes and I'm pretty sure, Joe, the answer is the standards for that lighting still, even though it's for security, will be such that it's not going to be spotlights on neighbor's home and whatnot, that it would be for that particular area. So, just to make sure everyone's on the same page on that; is that correct? Dodson: Yes, sir. That will be down lit. Absolutely. And probably -- it won't be like a common streetlight type of thing. I'm not thinking 25 foot tall poles, no, no, no, no. Like very--just for the pathway. I was even thinking like, you know, if go on a college campus, the little tubular looking ones that just have a little ambient lighting almost to make sure that it's lit and when you are looking down it you can see what's on the pathway and adjacent to it. Not -- and not anything that's going to just completely light up the whole open space here. Harper: Mr. Mayor? Simison: Yes, Lieutenant. Harper: Also with the --with the path, having a buffer of some sort off the pathway-- and, again, I'm not trying to remove more trees, I don't want to be the bad guy in the room for Page 41 Meridian City Council Item#2. December 14,2021 Page 23 of,0 the night, but, again, having some distance off the path is also beneficial from a safety standpoint. You know, a ten foot buffer on each side, something like that, to where it's still natural, it's still a nice walking path, but people can -- can see in their periphery, you know, what's going on, just to keep themselves safe. Tseng: Back to the theme is I would love the input. You know, I mean instead of me guessing, if you -- if you guys have the time to help out with the design and say, hey, does this -- how we would like to see it -- I mean I hate to say it, I kind of don't care. I care, but I don't care. If you make a suggestion that makes sense, who am I to push back on that, so -- Dodson: Mr. Mayor? Simison: Yes, Joe. Dodson: To that point I absolutely, with the final plat, I will -- I will bug Tony to give us some -- Tony and Dan to give us some more sections of it and what that could look like for the pathway for sure. But the existing landscape plan -- or I should say the submitted preliminary plat does show that the pond has -- it's really -- it's rock lined and it's -- it's not just grass into mud, which I know we don't want at all. I won't call out subdivisions that have had that, but I will say that we don't want that and what's shown on the landscape plan does -- does have the rock and all that around the edge, which will help with a lot of the aesthetic pieces of it and I will continue working with the applicant as well. Tseng: I'm sorry, I should have probably brought Dan up here for that. He has that kind of-- more that of kind of data, so -- Simison: Tony, I hear you are a nice guy. That's what they said out there in the audience. So, I'm going to speak to you as a nice guy and, hopefully, the Poormans can also hear this and I also want to help them, whether they realize it or not, but once this project is completed and they are an enclave, if something ever happens with their water or septic, they will be required to hook up to city services. So, then, when that time comes I can't say what Council is going to be up here, but they could likely be asked to put in a full sidewalk at their expensive at that time for annexation as well. So, in this conversation I hope that you guys are at least aware of those -- I have no idea what the septic system -- maybe it's brand new, maybe it's 40 years old, maybe the same with the well, but just so everyone is on the same page going into these assumptions that we are making about roads, about annexation, about things that -- want everyone to feel protected and not get a side thing in a couple of years, but that would likely be a requirement, so -- Tseng: And just a point of fact is we are stubbing all utilities to the property in the future. Possibility -- they know it's going to happen. The question is how long; right? So, we are planning for that. Simison: It's not so much the annexation and stubbing, it's going to be the sidewalk on that that would likely be required at that time and that's not going to be -- it's one thing to Page 42 Meridian City Council Item#2. December 14,2021 Page 24 of,0 have your utilities go out. It's another thing to have to put in a sidewalk on your property when that becomes as a possibility. Depends on where ACHD is at that time. Just -- I want to get it on the record, so that everyone is clear and concise that -- but who knows what council will be here, if this in a year or would that be in five years. But it just needs to be known that those are the types of things that are likely to be required of that property. Tseng: Understood. Simison: Okay. I have done my due diligence, so -- Council, any additional comments, questions? Okay. Tseng: Thank you. Simison: Council, do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we close the public hearing. Cavener: Second. Simison: I have a motion and a second to close the public hearing. 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. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Other than -- do we need to make an addition or a change to the approval about the cul-de-sac being extended like 50 feet? Do we have to say anything about that or -- Dodson: Mr. Mayor, just add that you approve the Council waiver and -- to have it longer than a 500 feet. Bernt: Okay. Is that -- is that the only waiver we are looking for tonight? Dodson: Yes, sir. Bernt: Mr. Mayor? Simison: Councilman Bernt. Page 43 Meridian City Council Item#2. December 14,2021 Page 25 of 70 Bernt: After considering all staff, applicant, and public testimony, I move to approve file numbers H-2021-0056 and H-2021-0091, as presented in the staff report for the hearing date of December 14, 2021, with the following condition: That's to provide a waiver for the cul-de-sac to extend 50 feet to a total of 550 feet. Cavener: Second. Simison: I have a motion and a second. Is there discussion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Real briefly. Tony, if you could put together like a Saturday class for how to do in-fill applications in the City of Meridian, I would buy the doughnuts. It's -- it's rare -- this is my eighth year doing this and typically support means that nobody shows up in opposition and to see a handful of folks from across the area come and speak in support speaks to who you are as an applicant. Look forward to seeing more applications from you in the future, sir. Bernt: I agree. Simison: So, I have a motion and a second. Is there any further discussion? If not, clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, absent; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries. The item is agreed to. Have a good evening MOTION CARRIED: FOUR AYES. TWO ABSENT. 3. Public Hearing for Outer Banks Subdivision/The 10 Meridian (H-2021- 0063) by J-U-B Engineers, Inc., Located at the Southwest Corner of W. Franklin Rd. and S. Ten Mile Rd. A. Request: Preliminary Plat consisting of 25 buildable lots on 36+/- acres of land in the R-40 and C-C zoning districts. B. Request: Conditional use permit for a multi-family development containing a total of 516 residential dwelling units consisting of (364) high-density apartment, (126) flat and (26) townhome style units in the R-40 and C-C zoning districts. Simison: Next item up is public hearing for Outer Banks Subdivision/The 10 at Meridian, H-2021-0063. We will open this public hearing with staff comments. Page 44 Meridian City Council Item#2. December 14,2021 Page 26 of 70 Allen: Thank you, Mr. Mayor, Members of the Council. The next application before you is a request for a preliminary plat and a conditional use permit. This site consists of 36 acres of land. It's zoned C-C and R-40 and it's located at the southwest corner of West Franklin Road and South Ten Mile Road. This property was annexed earlier this year with the requirement of a development agreement. The Comprehensive Plan future land use map designation is mixed use commercial, high density residential and mixed use residential in the Ten Mile Interchange Specific Area Plan. The proposed preliminary plat consists of 25 building lots on 36 acres of land in the R-40 and C-C zoning districts. The plan is proposed to develop in two phases with the portion east of the Kennedy Lateral developing first per the revised phasing plan. Kennedy Lateral is -- runs right through the site right here. West Cobalt Drive, a collector street, is proposed to be extended from Ten Mile Road to the west boundary of this site, consistent with the master street map and the transportation system map in the Ten Mile plan. The eastern portion of Cobalt, including a bridge across the Kennedy Lateral, will be constructed on this site and the western portion will be constructed on the adjacent property to the south prior to or with the first phase of development. The proposed street section, as shown, has been deemed to be generally consistent with the associated street section in the Ten Mile plan. A construction and cooperative development agreement for the construction of Cobalt has been signed between the subject property owner and the property owner to the south in accord with the development agreement. Access is proposed via West Franklin Road, a commercial arterial. South Ten Mile Road, a residential mobility arterial, and the future extension of West Cobalt Drive, a residential collection street, as shown on the plat and as noted in the staff report. No stub streets are proposed to the west, as none exist to this site. With the development of this property, based on ACHD's traffic counts, Franklin Road will operate in an acceptable level of service, but Ten Mile will not. It is anticipated to go from level of service D to F. An acceptable level of service is E. Common open space and site amenities for R-4 zoning district is proposed for the subdivision that meet the minimum UDC standards for such. The Kennedy Lateral bisects this site, as I mentioned, and is proposed to be pipped throughout the development. The proposed conditional use permit is for a multi-family residential development, containing a total of 516 dwelling units, consisting of 364 high density apartments, 126 flats, and one -- excuse me -- 26 townhome style units are proposed in the R-40 and C-C zoning district. A mix of one, two and three bedroom units are proposed. Vertically integrated residential is also proposed, but is not part of this application, as it's a principal permitted use in the zone. Common open space and site amenities are proposed for the development that comply with the minimum standards. Off-street parking is proposed as shown on the site plan. A minimum of 898 spaces are required for the multi-family development. Nine hundred and ninety- five spaces are proposed, which include 41 compact spaces, which although they are discouraged, are allowed to be provided above the minimum required spaces. A minimum of 31 spaces are required for the clubhouse. Thirty-one are proposed. Conceptual building elevations were submitted for the various types of multi-family units proposed in this development, including high density apartments, flats, and townhome style structures. All of the structures appear to be of a high quality design and consistent compliment of a compliment -- complimentary mix of materials, including wood look siding, Hardie siding, metal siding, stucco, tile, stone veneer and glazing and various colors. The high density and flats are four story buildings and the townhome style Page 45 Meridian City Council Item#2. December 14,2021 Page 27 of 70 buildings are three stories in height. The high density apartments will have secure entrances and be accessed by an internal hallway. The Commission did recommend approval of these applications. Summary of the Commission hearing. Wendy Schrief, JUB Engineers, the applicant's representative, testified in favor, along with Lane Borges. Hethe Clark from Spink Butler. No one testified in opposition and no one commented. No written testimony was received. The applicant requests the extension of Cobalt is within 70 feet of right of way as proposed and requests to work with staff on the details of the street section, which they have done. Key issues of discussion by the Commission was concern pertaining to traffic generated from the proposed development and its effects on areas streets, especially the functionality of Ten Mile Road, which will be at level of service F and concern pertaining to adequacy of proposed parking in the multi-family development and garages being used as storage, instead of parking. A revised site plan was submitted after the Commission hearing that provides 87 more spaces than originally proposed. No changes were made to the staff's recommendation. However, the commission did direct the applicant to work with staff on the road section for Cobalt Drive and improve the parking ratios for the development, which I mentioned has been done. Since the Commission hearing the applicant did work with staff on the design of Cobalt, added more parking for the multi-family development, submitted revised plans that reflect the following changes. A redesign of Cobalt Drive that complies with the street section in the Ten Mile plan, as recommended by staff. A redesign of the residential parking areas to provide a surplus of 97 parking spaces above the minimum required. Compact spaces were reduced from 58 to 41 and are provided above the minimum requirements. The garages along the western boundary have been relocated to comply with the minimum setbacks. Carports are depicted that are also required to comply with the minimum building setbacks or be relocated internally. The property lines at Building B-F-3 have been adjusted to comply with the minimum setbacks and the sidewalk along Ten Mile Road has been modified to reflect six foot wide detached sidewalk with an eight foot wide planter and parkway area. The staff report has been updated to include these revisions. No written testimony has been received since the Commission hearing. Staff will stand for any questions. Simison: Thank you. Council, any questions for staff? Seeing none, would the applicant like to come forward? Schrief: Good evening, Mayor, Council Members. Again, I'm Wendy Schrief, I'm a planner with JUB Engineers and my address is here in Meridian at 2760 Excursion Way, Meridian, Idaho. It's so nice to be here at Council. It's sort of been a long road. We were here last summer with our annexation and zoning request and our concept plan. When we were here originally we took back a couple of really good ideas. We up'd the amount of commercial we have in the development, which I think was a really positive thing. We are really glad that we did it. And we also re-oriented our open space to kind of group it together and move some of our larger multi-family buildings, but I think those are both really positive changes we made and we made it at the direction of Council. So, we are back here tonight with what is -- I think comparatively pretty straightforward. At this point we are here with a preliminary plat, so that we can eventually plat this project. We have 25 lots in this preliminary plat and we are here with a CUP for the multi-family, which you Page 46 Meridian City Council Item#2. December 14,2021 Page 28 of 70 saw previously with our -- with our concept plan. Again this project we are located -- we have 36 acres. We are located at the southwest corner of Franklin and Ten Mile. We are thinking it's going to be a really nice addition to this area. We worked really closely with -- with Sonya and Bill. They have been really great to work with in helping to steer the project to make sure we meet truly the -- the intent of the Ten Mile Specific Area Plan and I think what we have -- definitely what we are showing is the CUP and what you have previously seen with their concept plan meets that intent. We worked quite a bit on the alignment of Cobalt and with the neighbor to the south and those issues have been resolved and we are here with an agreement with that property. What we are really here for tonight, then, is -- is a preliminary plat, which is very straight forward. Twenty-five lots. We meet all dimensional standards for -- for the zones that we have and this will enable for different owners to take -- with the commercial and the multi-family piece this could potentially be under different ownership in the future. We are here tonight with our team. We have Lane Borges, who is the architect on the project. We are here with Josh Leonard. He is an attorney with Clark Wardle. And we are -- the two developers behind the project are here in person if you have any questions for them. We have Erik Pilagaard and Mark Ingstrom here this evening. So, we are -- we are here for any questions. We are really hoping we have a positive recommendation tonight. Lane is going to go through and give you a detailed look at the conditional use permit and those multi-family buildings. But we think we have a really great project that is going to be a really nice addition to this part of Meridian. I think it fits perfectly with the Ten Mile area plan. So, I will let Lane get started. Thank you. Merry Christmas. Borges: Good evening, Mr. Mayor, Members of the Council. Lane Borges, representing Ten Mile Franklin, LLC, developers. My address 11500 Armor Court, Gold River, California. 95670. I'm going to try to limit my discussion to three major elements. One, I would like to kind of just walk you, again, briefly through the concept behind our project. I know that you have seen it two times prior, but it's been a little while and I know you see a lot of projects. Second, I want to talk about the issues that Planning Commission directed us to go back and work on and what we were able to achieve doing that and, then, third, I want to just review with you the last time kind of the architecture that we are proposing, because we are happy and proud of what this project is going to look like and represent to the city. Okay. Hard to advance. Okay. Our project I know tonight you are here to take action on the conditional use permit for the residential portions of the project, but it's kind of hard to break that out on its own without considering how that is a part of this mixed use development, because, after all, we had 36 acres of commercial -- vertically integrated commercial and residential, three types of residential units and, then, our recreation center and our-- our co-working facilities and they all kind of work together. So, my little description is going to cover it all -- all those specifically and we are looking at the residential CUP. One of the things that we -- I probably talked about last time on what we were trying to achieve was a goal that created a dynamic place for people to live, to work and to play, with an emphasis on managing pedestrian, vehicular, and bicycle traffic. Some of those words come directly from the -- the Ten Mile specific plan. That was the guiding document that we really paid close attention to and what we did is picked elements out of the plan that would be necessary in order to achieve those goals. So, things like focus on street design and a concept of complete streets. Even though in this Page 47 Meridian City Council Item#2. December 14,2021 Page 29 of 70 specific plan it refers to public streets, we tried to incorporate those ideas and philosophies into our internal private street system. Second, the concept of a street oriented design and streets as public spaces, with buildings that are close to the street, with pedestrian circulation that allows people to interact and get access to buildings, whether they are commercial or residential easily. Three, an abundance of landscaping and open space. Four, a mixed housing stock, which I already kind of mentioned. We have high density units. We have flats. We have townhouses, one, two, and three bedroom. And, then, five, of course, a high quality building architecture and design. So, the next slide kind of illustrates how we were able to achieve that relative to vehicular and bicycle circulation. You will see on this particular diagram the red dashed lines represent an internal road system that emulates what the specific plan asks for on public streets and that is two-way traffic with bike lanes, with parallel parking each side, with street trees, with buildings that are close to the street, so that we create this kind interactive urban environment and it all helps to create connectivity from the commercial side to the residential side. The next slide shows kind of the spider web that we have of the pedestrian activity. Obviously, if we are looking to create interaction between residential and commercial, we have got to create an easy way for it to happen. So, you will see there are street crossings everywhere, there is paths everywhere that allow the residential units access to the commercial. We have a path that meanders through the project, a public path, that goes from Franklin down to Ten Mile that's through our open space that also connects the site amenities at the same time. So, that's kind of just a brief overview of the concept behind how we kind of arrived at the layout to the project. I want to now just take a second and talk about the two issues that Planning Commission kind of sent us back to the drawing boards on. The first one was Cobalt Drive. In our original application we had a design that had been proposed kind of based on some standards that had been provided to us from ACHD, but were inconsistent with the street sections in the specific plan. So, staff recommended we go back and revisit that. So, shortly after our Planning Commission hearing we had a joint meeting with ACHD, with planning staff, with our development team and, basically, came up with a solution that provided what the staff was looking for relative to the specific plan, what was acceptable to ACHD and that's what's reflected in the proposal that's here before you tonight. The second important item that Commission asked us to revisit was the parking. Although we had met the minimum parking standards in our original application, we kind of barely met it by a small amount number of spaces and staff had suggested that Commission bring that up as a discussion item and Commission agreed that it was something that needed to be revisited and that we needed to kind of go back to the drawing boards and see what we could do to increase the parking and to address a concern that some Commissioner had about the garages. Now, we don't have an extensive number of garages on the project, but we do have some. We have 50 garages in the high density portion and the concern about whether those garages would actually be used for parking, whether they would be used for--for storage. So, what we did is we went back and did redesign on the site and this chart here kind of gives you a summary of what we were going to do. So, now as opposed to having four surplus spaces, we have the 97 surplus spaces on this site and that is in addition -- and I'm going to slide over to Commercial, although it's not part of the CUP. We have an extra 250 some spaces in our commercial component. So, we didn't rob from the commercial side in order to create more spaces on the residential side and satisfy the -- the need. Page 48 Meridian City Council Item#2. December 14,2021 Page 30 of,0 We actually went in, redesigned, tightened things up and created 97 spaces within the residential portion of the site. The other thing that we did is we listened and heard and understand the concern about what happens in parking garage areas. So, although management's position is administratively to enforce people parking in their garages, there is a limit to how much you can enforce effectively and there may be some that slipped through the cracks. So, in an attempt to minimize that what we have done is we have come up with a garage design that basically provides storage within the garage spaces. So, you will see in the diagram we are creating a kind of vaulted garage space with a closed story windows above that creates a large storage area, the entire width of the garage above the car, so that people have a place to put boxes and things that they don't want in their apartment and be able to store them in the garage and still have room for their cars there. In our flats buildings -- and I don't know if you will recall, but those buildings have parking on half of the lowest level of those buildings and in addition to the garages there, we have separate and designated storage units that go with each garage. So, aside from the parking space the units vary in size from about five by seven to about six by nine, depending on the garage space. But we feel pretty comfortable that with a garage a design like this that provides that amenity for the tenants and regular enforcement by administration that we should be able to effectively handle the concern about how the garages are used. The other thing I think to keep in mind is that in the redesign of Cobalt we have additionally provided 37 parking spaces parallel along Cobalt Drive and while technically we can't count those towards meeting our parking requirement, we can functionally add those 37 spaces to the 97 space surplus that we have and, then, third, we also have a parking record for our clubhouse, which is quantified as a commercial building. So, we have 31 spaces designated for that building. Aside from the probably five to seven spaces that we will need for staff that operate that building and probably five to six spaces that will be designated for prospective tenants coming to visit, realistically we probably have a surplus of spaces there of maybe in the neighborhood like 15 or so. So, when you add all of those up, we technically exceed the requirements by 97. We feel like functionally we probably exceed the requirements closer to 150 and, then, the additional 250 space surplus that we have in the commercial side, makes us very comfortable that we have adequate parking throughout the project, because, clearly, we, as developers and designers, don't want to end up with a project that met the numbers, but functionally doesn't work. It becomes an administrative nightmare and a management nightmare and makes it difficult to lease commercial space when there is not sufficient parking. So, that was item number two. And, then, the last item -- I just want to run quickly through the images of the project. So, again, refresh you on quality of the design of the various elements, the articulation of the buildings, the variety of materials. This is clubhouse and co-work facility. The next is our high density buildings. No. Sorry. Actually, these are our flats. So, these are the four story flats with parking on half of the lower level. Next is our three story townhouses with garages and, then, of course, last is the high density housing and with that I would be happy to answer any questions that you might have. Simison: Thank you. Council, any questions for the applicant? Hoaglun: Mr. Mayor? Page 49 Meridian City Council Item#2. December 14,2021 Page 31 of 70 Simison: Councilman Hoaglun. Hoaglun: Lane, would you just walk us through -- you know, I know traffic -- these are busy -- busy areas and there was some restrictions ACHD has for right-in, right -- right- out. Left -- and left-in only. Would you mind just kind of walking us through those intersections real quick to make sure -- Borges: Yeah. Let me go back to a site on here, so that--okay. So, along Franklin Road, the western-most entrance is full access, right-in, right-out, left-in, left-out. The eastern driveway closest to Franklin is right-in, right-out only. As we turn and go down Ten Mile, the northernmost access is actually right-out only. There is no turning in movements at that intersection and the southern driveway is right-in, right-out only. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: So, Cobalt Drive -- Borges: Oh, I'm sorry. Yes, Cobalt Drive is right-in, right-out, left-in, if I remember correctly. Is that correct? Yes. Right-in, right-out, left-in. Our drives on Cobalt are full access and you will see in the proposed plan we have designated a right turn lane that we are providing and a left turn eastbound lane to our primary entrance and, then, we have a secondary entrance with full access at the west corner of the site. Hoaglun: Okay. Follow up, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: And if you could remind me, Lane, as you come down Cobalt Drive driving west, right before you get to the property there is -- was that a fire access was that full access into the apartments there right at the western boundary? Borges: That is a -- that is a full access. Hoaglun: Okay. And another follow-up question. Not traffic related. Mr. Mayor. I have -- I drive past that every day and I happened to notice all the tiles are out there ready for -- for the Kennedy Lateral and I thought, boy, that's an awful lot. I'm thinking in the preliminary plans they were going to have some open areas, but it looks like that has -- that has -- Borges: Yeah. Originally when we brought the project before you for our annexation and rezone, we also asked for your approval to leave the channel open in portions as an open space amenity. Once we actually got in and started working with NMID on it it became clear that that was going to be a bit of a challenge. There was also a concern -- and it was brought up earlier about -- I think one of the other projects about -- well, what does Page 50 Meridian City Council Item#2. December 14,2021 Page 32 of 70 that ditch look like during the portion of the year that we are coming up on when there is no water in there. What does it look like when we have to fence it? What is the access roadway that NMID wanted going to look like and it became clear to us that probably the easier and better solution was to go ahead and pipe it. Although it came at a higher cost, it allowed us to resolve a lot of problems and issues and so that's what we have before us tonight. Hoaglun: Okay. One last question. Simison: Councilman Hoaglun. Hoaglun: Thank you for that. I kind of figured there was some good reasoning behind it, but -- one of the things that we are dealing with in Meridian, especially when it comes to, you know, multi-family complexes is parking and appreciate you stepping up and working with staff and increasing parking, but -- and we see it in the single family neighborhood is -- where you have people who are on call, providing services, whether it's heating and cooling, plumbing, utility, we have people who are in the contract business. They have trucks with trailers and they are usually out in the street parking, because they got their vehicles in the -- in the driveway. But those same things are happening in multi-family units and we are finding -- and we know that staff is going to be working on parking plans for multi-family down the road, are -- are there places that people -- because you are going to have folks who are going to be on call and they provide a valuable service to people in our community -- when your heating goes out and it's, you know, 20 degrees out and you want heat and they have got a big service truck they have to park somewhere, do you have places that they can park those vehicles? Again, this isn't in our UDC yet, but it's just trying to think resolving real world problems that we are facing right now that, you know, you have got these people, they want to live in your units, but where do they park these bigger trucks or vans or vehicles? Borges: I mean specifically at this point in time that wasn't a consideration that really came to mind. At this point, because of maybe the -- the foresight of staff to have us go back and look at our parking situation, we probably have the ability, if it were directed to go back and look at creating some places that could accommodate some larger vehicles. I think staff mentioned briefly that the majority of our spaces are all standard size, but we do still have -- out of the 97 surplus we 41 that are compact. Now, the reason we have those -- its not so much because we save space or we squeezed in more parking, because the city standards require a compact space to be the same width as a standard space, but they are allowed be shorter. So, what it allowed us to do was to create areas for trees or more trees in the parking lots where we could have head to head parking with a planter in the middle of those spaces. But we certainly have the ability to go back and look at creating some spaces that maybe are sized a footer or two wider, a few feet longer in certain areas in order to handle some larger vehicles. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Page 51 Meridian City Council Item#2. December 14,2021 Page 33 of 70 Hoaglun: Well, I appreciate that and, again, this is not something that's required by the city, it's just one of those things we are running into more and more often and so it's -- we encourage you to kind of find those spaces for -- Borges: Oh, yeah. And it actually may be a good idea, because what happens is somebody can't fit into one, they park in two. So, now instead losing one and a quarter, you have lost two spaces. So, net overall it would probably be to our benefit to look at trying to do something. Hoaglun: Mr. Mayor and, Lane, yes. And we are finding -- they are finding other places to park those rigs and they are out on the street, they are in businesses, they are over in the neighborhood and it just causes troubles for everybody. So, the more we can -- Borges: That's an excellent point. Hoaglun: -- in on that -- so anyway. Just something I wanted to bring up. Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thanks, Mr. Mayor. Lane, I think the -- it's no good beating around the bush on this. I was campaigning this year and I was out in that part of town and without a doubt the number one frustration is about traffic and the concerns from folks that live in this part of the area and further down really are frustrated with their commute times. They, obviously, associate it with growth. So, when I see that ACHD comes back with a level of service of F it raises my eyebrows and so I guess I'm asking you to help me understand how I can get over that hurdle. The feedback that I heard from our residents with this being a concern, they already think it's bad. That's with a D and now we are going to jump to F. How -- how this makes sense to really benefit our current residents. Borges: A legitimate concern and I'm going to turn it over to the traffic expert standing next to me. He is a partner. Josh. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Same question. I'm going to -- Leonard: Mr. Mayor, Members of the City Council, Josh Leonard of Clark Wardle. Address is 251 East Front Street, No. 310, in Boise. I appreciate the opportunity to kill two birds with one stone. As you noted, our TIS did indicate that -- that we reached level of service F on -- on Ten Mile. I have noted that that's only one hour a day. That's during the peak p.m. hour. Otherwise, we achieved those levels service that are -- that are required of us through there. Appreciate -- living in Eagle and before that Meridian, Page 52 Meridian City Council Item#2. December 14,2021 Page 34 of,0 appreciate the concerns and probably heated complaints that you got about commute time and -- and certainly recognize -- recognize that. Just a couple of things. As you know, the project is there. The property has been annexed and is approved with a fairly specific site plan and zoned in a way that entitles development and we are constrained a little bit by that zoning, just because we can't come in with single family homes or something that's much less than -- than what we propose. The other -- the other thing that -- that we are constrained by is -- and I want to preface this by saying we appreciate that you wanted more commercial. It does bring with it additional traffic and that's one of the -- one of the reasons -- or one of the basis for that failure at that p.m. peak hour. I also wanted to point out that the --the applicant and -- and developer has proposed some -- some alternative mitigation for the site to -- to help eliminate or alleviate some of those traffic concerns. Multi-use pathways, widening the sidewalk along Ten Mile and some other things. Obviously, it's not going to take care of all of the traffic. It will take care of a little bit of it. Perhaps -- and most importantly and most persuasively the -- our TIS -- the approval of our TIS happened -- it predated the transportation department's announcement of Highway 16 extension being fully funded and now that they have announced that --that being fully funded and even announced start dates coming up next year and a two to three year completion barring any--any delays, they should be bringing that online about the time the traffic starts to move out of this -- from this development. Maybe we predate it just a little bit. One quote I wanted to read to you from the ACHD project report. The completion of construction of -- of State Highway 16 from Chinden Boulevard to Interstate 84 within the next five years -- and this is, again, the quote: Will divert a significant amount of traffic from Ten Mile Road, this -- State Highway 16 -- in order to reach 1-84. Again, not taking into account, just given the timing of the TIS and its approval. I would also note just -- that the Ada County Highway District report didn't recommend any additional traffic mitigation -- in part because Ten Mile is built out, it's a -- there is just nowhere to go. Exactly. So, the proposal is one hundred percent within the specific area plan, as well as the -- the master street map and we did what we could and we are relying on -- on State Highway 16. Cavener: Mr. Mayor, follow up? Simison: Councilman Cavener. Cavener: Josh, am I hearing you correctly that you think that it's more the -- the commercial aspect that's going to generate that p.m. peak traffic than the multi-family? Because, again, I'm not a traffic engineer, but to me that seems contrary to -- to what would -- you would think. Leonard: I appreciate the clarification, Mayor, Members of the Council. What I should have said is that it contributes to it. Not the primary driving force behind that. Yeah. Certainly not. It's, obviously, going to be the residential. Cavener: Thanks. Simison: Council, any additional questions for staff or the applicant? Page 53 Meridian City Council Item#2. December 14,2021 Page 35 of,0 Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Josh, to your point to the comment from ACHD in the staff report and Highway 16 being the -- perhaps the saving grace to the 36,000 average daily trips on Ten Mile, do you think this project should be -- would be in much greater jeopardy and perhaps a problem for the community long term if you didn't have Highway 16? If that additional added capacity wasn't available, that the city would look at this and should look at this entirely differently? Leonard: Mr. Mayor and Members of the Commission -- and I appreciate that, Council Member Borton. I don't think it would be in jeopardy, but I think it would require a little bit different look at this and I think that Highway 16 being in there is-- is--that announcement is fortuitous to the development of this -- of this property. I will also note, though, that in addition to -- to not recommending or requiring any mitigation along Ten Mile, as we mentioned a minute ago, that there is just really no place -- no place to go and it's been designed as -- as outlined in the master street map. Borton: And that being primarily because there is no additional expansion of Ten Mile available. I mean it's fully built out, so they could make a recommendation to provide additional capacity on Ten Mile. Leonard: Correct. Yes. Thank you, Council Member Borton. Borton: Okay. Thanks. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Mr. Leonard, just remind me of the phasing plan one more time. I know it's been talked about, I just need to remember -- Leonard: Sure. And I can do it really briefly and, then, I will let Lane talk a little bit more about it. East of the Kennedy Lateral, phase one, along with the road, Cobalt, that's on -- on the developer's property and back to the back -- I believe it's all phase one. Borges: Yeah. As far as the residential components of the project, everything north and east of the existing canal. So, that would include three flats buildings. It would include the three townhouse buildings. It would include the clubhouse. And phase two -- and along with that would be Cobalt Drive. Phase two of the residential portion would be all of the high density buildings that are south and west of the canal. Hoaglun: Mr. Mayor? Page 54 Meridian City Council Item#2. December 14,2021 Page 36 of,0 Simison: Councilman Hoaglun. Hoaglun: I think roughly year 2023? 1 mean any idea on -- Borges: On all of that -- Hoaglun: -- the high density portion when you get to phase two. I'm sure you are going to -- Borges: Probably started in '22, not completed until '23 for the high density. I think the intent is to have elements of the first phase open in '22 and roll -- I mean we will probably start on phase two before -- it's not a matter of let's finish phase one and get it rented out and, then, we will start phase two, this is just a matter of resources and how much we can physically take on and manage at one time. The important parts from a marketing standpoint is, obviously, the clubhouse and, then, having product available for the prospective tenants and having a variety. So, by doing the flats and the townhouses we have basically one, two, and three bedroom units available. Simison: Council, any additional questions for the applicant? Okay. Thank you very much. Mr. Clerk, do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, we did not. Simison: Okay. Well, if there is anybody who would like to provide testimony on this item, if you would like to come forward at this time to do so, or if there is anybody online that would like to provide testimony, if you can use the raise your hand feature. Okay. Not seeing anybody that would like to provide testimony, would the applicant like to make any last comments? Borges: Really, the only comment I think I would like to offer is to thank the Council for some of their direction when we were going through the previous process. Thank staff for their suggestions and Planning Commission's directives. I think at the end of the day we have a better project. We have a little more commercial space, we have more open space, we have buildings that interface better with the open space. We have more parking. I think it's been a win-win experience for us through the whole process. I just want to thank the city for their help and cooperation in allowing us to just design a great project for the city. Simison: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I thought, you know, for a project this big maybe if we have discussion and -- without closing the public hearing it might be a good thing in case some other questions Page 55 Meridian City Council Item#2. December 14,2021 Page 0, of,0 come up that we can respond to. One of the things that occurred to me and I gave some thought to as I was going through the packet and reading -- and especially the transportation portion and the questions came out about the functionality of Ten Mile Road and whatnot and -- and, you know, this -- this is eventually going to be a very big project and it has an impact. I do travel Ten Mile every day and there are times you just -- if you want to get somewhere in a hurry don't -- and it's a certain time you don't take Ten Mile. It's just a fact of what the matter is. But if you wait a little while it will clear up and -- and you can move on. And, you know, I look at this project, it's very big, but it's following the plan that the city laid out. It's -- it's how we want things. It's got the commercial elements and I think if we are that concerned about Ten Mile Road that we are thinking that, well, we shouldn't approve it, because it's going to impact the road too much, we should be thinking about the -- the development we just approved earlier tonight is -- and that's the fact of does all development going to use -- have an impact on Ten Mile Road and --which it will. And so we should be working from this site going out in terms of approvals, you know, when you have your core, when you think about transportation and they are accessing the freeway and the other thing that -- so, it just makes me think do we say no to something like this, which meets all the requirements, when we need to be looking on the outer edges of development -- that we are approving developments, because they are also impacting Ten Mile and the other thing is we -- we have no say over what Star, Middleton, northeast Canyon county does. They are coming down to Ten Mile to get access to the freeway I see the license plates every day. We know they are doing it. You know, if we could shut that off, hey, we got plenty of room, you know, but we can't do that. So, you know, looking at it from a transportation perspective will this impact that road? Yes, it will. Is that a reason to say no based on transportation? I have a hard time doing that, just because of-- we just have to be thoughtful -- if the road, just like schools, if they are to that point of not working, then, we have to look at our process of how we are going to approve things, if we approve things in these areas that are funnels into this -- into this roadway. So, that -- that was the big issue I had is trying to figure out that transportation component, because it does have an impact and in a major impact on that and we know the turn lane coming onto the freeway -- and to me that's -- that's being short sighted by our road departments, not planning that far enough in advance, just like they did Eagle Road many years ago when they put one lane coming in, had to go back, redesign the whole thing, because they didn't think far enough down the road and we are growing even faster now and -- and I know some of it's budget related and there is nothing they can do about that, but just --just to speak to the transportation component of that that's -- that's just kind of my thinking on that. There might be other elements that make me go, oh, maybe not, but that's -- from a transportation standpoint I think we will have to make -- work with what we have and, hopefully, that Highway 16 extension does get through in a -- in a timely fashion. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Councilman Hoaglun frames it well. It's relatively straightforward at this stage, primarily because it's a P plat and a CUP. This isn't an annexation and zoning. Josh is Page 56 Meridian City Council Item#2. December 14,2021 Page 38 of 70 correct in that it's entitled property and this is, in fact, what we intended here. It's consistent with the future land use map. It has high density residential where it was intended. I think it's a beautiful design. I think it has been improved through this process greatly at P&Z and through the Council's discussion. So, I think the applicant's done a good job. The remarks that I questioned Mr. Leonard on with regards to Highway 16, 1 will circle back to later. There is a broader policy issue that is outside this conversation. But that added capacity long term does provide some certain relief to how Ten Mile is impacted, with traffic here and upstream. So, I think that's a critical piece of the puzzle. But for a CUP application and a preliminary plat, I think this hits all the marks with what was intended to be in this area and so I'm supportive of the application as presented tonight. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I'm happy to add my thoughts as well and I agree a lot with what Council Member Borton and Hoaglun have said, but I think Council Member Hoaglun at least touched on something that I have -- I have wrestled with, which is sometimes we will get an application and it shows that a middle school is going to be -- the application is going to generate two or three or maybe ten students over what that school can handle and sometimes I hold my nose and roll with that and, then, sometimes we see an application and it's just flooding that school that's already over capacity with more students and I have to say is it -- is it worth pressing pause and Mr. Leonard is correct, this has been annexed and I don't think that I have got any heartburn with approving the preliminary plat, I guess it's the CUP to me that I see the place that would be the appropriate spot to press pause. I love this project and I think that the applicant has done a really good commendable job of taking the feedback from the Council to make it really special in a special part of town, but I have also got to -- I hear in the back of my mind many of the folks that I heard from and I know will continue to hear from to say Ten Mile is already overtaxed and I know that ACHD says it's a D and I think if you polled a hundred drivers on Ten Mile at 5:00 o'clock you would probably get one answer, they would all say it's past an F and so I'm struggling with being supportive of granting the CUP tonight. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: This may be something that -- that Legal provides input on, but I'm not certain if -- if there is a design -- I understand a lot is behind that and that's what I was hinting at at some broader comments that are going to come later on this exact issue. I think Councilman Cavener points it out, but annexation is the stage most certainly to pause. If it's necessary -- if there is a capacity issue be it schools or roads, there is a belief that we don't have the ability to serve a component, I think that's where that has to occur. I don't know if that occurs in a CUP application. I don't know what the condition would be to place upon it to allow that to happen. So, I -- I understand the -- the comment, but not Page 57 Meridian City Council Item#2. December 14,2021 Page 39 of 70 certain that's an option here, but very well could be mistaken. So, maybe Mr. Nary needs to correct that if that's not right. Nary: Well, Mr. Mayor, Members of the Council, Councilman Borton, I mean you hit the nail on the head. I mean the reality is conditional uses are allowed uses with conditions and not to make it sound so simple, but the reality is is those are allowed uses and that's what these are. There is a language in the conditional use ordinance in the UDC that says that the proposed use will be served adequately by a central public facility and services such as highways, streets, schools, parks, police and fire protection. I think the conundrum here is the -- some relief for this is a different roadway. So, it's not widening this roadways, it's not adding more capacity to the roadway, it's simply another highway that's going to be constructed over the next five years or more. So, is it being adequately served? Well, I think what I heard Mr. Leonard say it isn't adequately served, because, again, it's a very minimal amount of time to add -- add the maximum capacity they can do anyway, so there is no other relief that the highway district or ITD can do to make a difference, so it may be difficult to make that -- that's the only finding in here that I see that is what you folks are all talking about. But I have a concern that, really, as you stated, the project has been annexed, you -- that -- that decision that this couldn't serve this, because it's very similar to what you saw at the annexation stage, it may be a little difficult to defend that particular finding without a little bit more discussion and maybe a little bit more conversation with the applicant as well. Simison: And it is -- you know, it is a weird concept of -- we are talking even in some regards where it's the -- right there at the exit to the interstate, whereas, you know, on one hand we can say, well, look what ITD has done on the Eagle Road exit, they have extended that to four lanes wide going back three-quarters of a mile, because Eagle Road couldn't handle the traffic. So, there are mitigations that the state system can do to allow it to occur and, quite frankly, you could probably argue Eagle Road is a challenge, because of developments that are being approved in the city of Eagle as much as the last one in all the road -- or in this case the very first one in on the road in a lot of ways. You know, it's like what breaks the camel's back, the first one closest or the one further away, that you do or don't, who got there first versus who is there now. It's an interesting conversation, but I do go back to, you know, at least I felt like this project has been well put together from -- from the get go with the improvements -- it has gotten better with the improvements along the way to where we are here today, but if this is the one that breaks the camel's back that it's so close to our major -- major corridors, which are all improved -- Franklin is improved, Overland has been improved, Ten Mile has been improved. We have interchange. If we were to say that this is where the transportation challenge is, what about the stuff that's going to happen on the east side of this road that hasn't come in yet, which has as much, if not more traffic generation with the next project. Very philosophical if we want to start having those conversations about this location where we have invested in an urban renewal district, where we have invested in a Ten Mile specific plan, where we are putting our public transportation, where we are -- and, again, a lot of investment in this specific property's right here. There are problems downstream though. We know that. Problems in the east or west with the roadways that aren't improved. So, just two cents. The public hearing is still open. Page 58 Meridian City Council Item#2. December 14,2021 Page 40 of 70 Bernt: We are thinking. No rush. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I wouldn't mind, you know, having this discussion -- if the developer wants to weigh in and provide thoughts on this. You know, they have invested a lot and I'm sure they want us to move forward, but are there any arguments that we are missing on this discussion primarily really to traffic and mitigation, those types of things, so I wouldn't -- wouldn't mind to hear from them. Pilegaard: Council Members, thank you. Erik Pilegaard representing the -- Mark Ingstram and myself. We started with the process with that traffic impact study with Kittelson, who designed the whole specific plan and worked with the city on that. It came back with the recommendations and, then, ACHD got a hold of it and we knew that, obviously, traffic and -- I was surprised, because we are so close to the -- to the intersection. It's a cumulative effect of all the other projects that are feeding down and you are absolutely right. I don't think that we could have a good chance before you tonight if we didn't have ACHD's approval. They are recommending approval for the project. We are going to pay our fees. They have had some mitigation for the pathways and walkways. I asked them if they could give me a recommendation somewhere in there that said once Highway 84 -- no. Excuse me. Sixteen is built what happens to our level of service and they said it's, obviously, going to go back down to normal. D. Where it is today. But I said that normal. Correct. But could I get that in writing and they say, no, because we have to build it first and, then, we will do the study with the traffic counts. So, if they came with a recommendation for denial based on traffic, I would have a hard time here, but they are the traffic experts. We hired Kittelson it is for that one hour peak time and that's why we created this live and work place. So, that's kind of my comment. If we didn't have their approval I would say, okay, I don't maybe have a leg to stand on. But they do govern traffic from our perspective as a developer. Bernt: From our perspective as well. Pilegaard: Okay. So, I don't -- I don't know if that answers your question or gets you to the right spot, but, you know, we are kind of the central hub close to the interchange and we are limited on the right-in and right-outs, so we don't have those full access issues, which would slow it down as well. It was a challenge getting those access points. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: My assumption -- I think I know the answer to this, but I'm just curious. Did you have any conversations with the highway district about the impact of each phase and how that triggers a change from D to E from E to F or does phase one automatically turns it to Page 59 Meridian City Council Item#2. December 14,2021 Page 41 of 70 F? Pilegaard: No. It's -- it's not just phase one, it was the cumulative -- the entire project from the -- you know, it's peak hour trips; right? So, it's -- when the stores open, you know, the peak hours they come in. When they leave it's the peak hours when they go home from work. But that is actually -- while we have the live-work area there, the idea is that, hopefully, they don't do a lot of driving. Cavener: Sure. Pilegaard: If they do drive they use Cobalt to go over to the business offices that are right there, you know, across the street on -- on the Brighton development side. The idea is is that, hopefully, by combining the mixed use it all works together versus build them way out and using that traffic -- Cavener: Yeah. Pilegaard: Hopefully that helps as well. Leonard: Mr. Mayor, Members of the Council, the only thing I would add -- and it was just mentioned -- the fact that it is a live-work site and that we are trying to retrain -- retain traffic on site. Appreciate the discussion about traffic. Obviously, it's a hot topic and it's important both macro and micro and -- and has been mentioned a couple of times, that's probably more appropriate for -- at the annexation stage when we are looking at and as we mentioned, we --the development agreement that came with annexation and the initial zone included a pretty specific concept plan that -- that included many of these uses and the only thing we added was a little bit more commercial and based on the recommendation from the highway district, the fact that, really, a conditional use is an approved use subject to conditions, to mitigate any kind of adverse impact and there not being mitigation on site or additional mitigation on site or on the adjacent roadway, I think that there is a -- I think -- I'm going to say that the answer is clear. It's easy to say that from my perspective, from where I stand, but I think the answer is -- the answer here is clear. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I -- I -- thank you, Mr. Leonard. I -- looking at this project and I was in support of annexation before and you guys have came a long ways. I feel like you have listened and you have dotted your I's and crossed your T's and you have worked with your neighbors -- I guess that would be to the south with regard to Cobalt. I know that was a sticky point before. Excited to see what these commercial buildings are going to be. Who is going to move into them. I like the connectivity throughout the entire project. I think it's just an interesting project. It's a huge project, but it's sort of does -- it's -- it's really hard to get a community feel with this type of project with so many different uses and I think Page 60 Meridian City Council Item#2. December 14,2021 Page 42 of,0 that you have accomplished that. The big -- the big elephant in the room is -- is -- is the traffic aspect of it for sure and it's -- I really do appreciate our-- our working relationships with our regional partners and one of those regional partners is ACHD. I don't know if my decision with annexation would have been any different knowing that, you know, the traffic on that area is an F, as opposed to what -- what the consultant mentioned that it was, you know, information -- information given during the -- the annexation -- previous annexation discussion. I do believe that our hands are tied -- somewhat tied, though. I think that -- I think that, Mr. Leonard, you have nailed -- nailed it and you have been very concise and I think that we are past the point of-- in my opinion denying this project or continuing this project because of traffic. So, I can't wait until Highway 16 is built. It's going to be a big game changer for our -- not only -- I think for the entire Treasure Valley, honestly, for the entire region. So, I think I'm in support of this application as it stands. Simison: Or because it probably wasn't a traffic study that says Linder Road overpass gets built. That's got to take traffic off this area as well. Just throw that out there to Council. Bernt: You don't have to talk us into that. I think we allocated 2.5 million dollars to that project, Mr. Mayor. Simison: Yeah. Absolutely. There is more that can be done. Bernt: Okay. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: If we want to move forward I would move that we close the public hearing on this item, H-2021-0063. Bernt: Second. Simison: I have a motion and second to close the public hearing. All in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FOUR AYES. TWO ABSENT. Hoaglun: Well, Mr. Mayor, I appreciate the discussion tonight and it -- you know, there are a lot of implications to this and future implications in terms of traffic on Ten Mile Road and what we need to look at with Highway 16 and those types of things, but as was stated by Councilman Borton and others about where we are in this process, the work that they have done to come to -- to meet all of the standards or requirements that we laid out and the approval by partner agentACHD for this, I would move approval of H-2021-0063, after hearing from all staff and applicant testimony and as presented in this hearing date of today and also I would move approval that would also reflect the acceptance of the Page 61 Meridian City Council Item#2. December 14,2021 Page 43 of 70 revised changes as provided by staff and the applicant that were outlined in the staff report in that approval. Bernt: Second. Simison: I have a motion and a second. Is there discussion on the motion? Hoaglun: Mr. Mayor, I do want to ask -- Simison: Councilman Hoaglun. Hoaglun: -- did I miss anything in -- in that? Because I think we did want to include -- include those revised changes that were included in the staff report and I was looking -- referring to -- at the bottom of the report that we get here -- outstanding issues, item number one, redesign of Cobalt that complies. Redesign of the residential parking area. The garages along the western boundary. Property lines of Building F3 and the sidewalk along Ten Mile. So, I assume those were included in the report and I want to reflect that we are including those as well. Bernt: Second agrees. Simison: Second agrees. Is there further discussion on the motion? Other comments before we vote? With that, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, absent; Hoaglun, yea; Strader, absent. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. Simison: Council, we are going to go ahead and take about a ten minute break, so that the -- any little guys that need to go outside can get -- get that break. Joe has got a little puppy at his house. I don't know what's going on. We will take a ten minute break and be back about 25 after. (Recess: 8:11 p.m. to 8:26 p.m.) 4. Public Hearing for Aviator Springs (H-2021-0065) by The Land Group, Inc., Located at 3235 N. McDermott Rd. A. Request: Annexation of 40 acres of land with R-8 (27.63 acres), L-O (1.64 acres) and M-E (10.72 acres) zoning districts. B. Request: A Preliminary Plat containing a total of 112 lots consisting of (93) buildable lots and (13) common open space lots on 27.63 Page 62 Meridian City Council Item#2. December 14,2021 Page 44 of 70 acres of land in the R-8 zoning district, (2) buildable lots on 1 .64 acres of land in the L-O zoning district, (1) buildable lot on 10.72 acres of land in the M-E zoning district, and (3) future right-of-way lots on 40 acres of land. Simison: All right. We will go ahead and come back from recess and we will move on to our next item this evening, public hearing for Aviator Springs, H-2021-0065. We will open this public hearing with staff comments. Allen: Thank you, Mr. Mayor, Members of the Council. The next and last application before you tonight is a request for annexation and zoning and a preliminary plat. This site consists of 40 acres of land. It's zoned RUT in Ada county and is located at 3235 North McDermott Road. The Comprehensive Plan future land use map designation is mixed use neighborhood. The applicant is requesting annexation of 40 acres of land with R-8 zoning, which consists of 31.59 acres; L-O zoning, which consists of 1 .64 acres and ME zoning, which consists of 6.77 acres. The applicant proposes to develop the site with 93 single family residential detached homes at a gross density of three units per acre or 4.38 units per acre if only the developable areas included in the calculations, excluding the street buffer along future State Highway 16. An LDS seminary and donation of a lot to the Boys and Girls Club for a facility on the west side of future State Highway 16 and research and development uses on the east side of State Highway 16. Staff believes that proposed development plan is generally consistent with the vision of the Comprehensive Plan per the analysis in the staff report. Although the proposed density is below that desired in mixed use neighborhood designated areas of six to 12 units per acre and there are no supporting services for the residential development, staff believes the proposed development is appropriate for this area based on the lack of access available to this site from collector or arterial roadways. The proposed uses will provide a mix of uses as desired in the Comprehensive Plan, i.e., residential, civic and commercial and an LDS seminary and Boys and Girls Club will provide religious and childcare facilities within close proximity to the high school on the abutting property to the west, which will be a benefit for area residents and the community. If Council feels additional housing types, i.e., alley loaded single family residential attached, townhomes, should be provided, it should increase the density for the development. Staff did not include a recommendation for additional housing types to be provided due to the limited access available in this area and lack of employment uses provided in the residential area. Given the limitations with surrounding land uses, existing development pattern, poor access and bifurcation of the property with the extension of State Highway 16, it is not feasible to achieve full integration of uses as desired in mixed use neighborhood designated areas. However, the applicant's narrative does discuss how they believe the proposed development is consistent with the mixed use neighborhood designation. A preliminary plat consisting of a total of 112 lots, consisting of 93 buildable lots and 13 common open space lots, on 31.59 acres of land in the R-8 zoning district is proposed as shown. Two buildable lots on 1.64 acres of land in the L-O zoning district and one buildable lot on 6.77 acres of land in the ME zoning district. So, just to show you where we are at here, these two lots right here are the L-O zoned -- proposed to be L-O zoned lots and, then, over here on the east side is the ME zoning. There are three future right of way lots on a total of 48 acres of Page 63 Meridian City Council Item#2. December 14,2021 Page 45 of 70 land on the preliminary plat area. Two phases of development are proposed as shown. The first phase is the area on the west side of future State Highway 16 and the second phase is the ME zoned area on the east side. Access is proposed to the western portion of the development by the extension of two local streets from the north from Chukar Ridge Subdivision. Future State Highway 16 is planned to bisect this site on Lot 1, Block 5. Access is proposed to the eastern portion of the site via North McDermott Road. Direct access via future State Highway 16 is prohibited. One stub street is proposed to the south for future extension and interconnectivity. Qualified open space is proposed in excess of UDC standards. Based on the area of the plat, which is 48 -- excuse me -- 40 acres, a minimum of four acres is required. Ten percent. Seven point six four acres or approximately 23.8 percent of common open space is proposed, which includes a large common open space area adjacent to future State Highway 16, which will provide a buffer to residential uses. A minimum of two qualified site amenities are required. A swimming pool with changing rooms, pedestrian pathways, additional qualified open space of at least 20,000 square feet in area and children's natural play structures are proposed as amenities in excess of the minimum standards. As noise attenuation for future State Highway 16, a six foot tall berm and six foot tall wall on top of the berm is required within the street buffer consistent with adjacent developments that have been approved to the north of this site. Conceptual building elevations for the residential portion of the development were submitted as shown. The non-residential buildings are required to comply with the design standards in the architectural standards manual. The Commission did recommend approval of these applications. Matt Adams from the Land Group, the applicant's representative, testified in favor. No one testified in opposition. Todd Tucker, Boise Hunter Homes, commented on the application. He is requesting the stub street to the south is shifted approximately 45 feet to the east, so that it abuts the east side of future State Highway 16 right of way to provide a better alignment with the street connection planned to the south on the Boise Hunter Homes' property. And just a note. If this were to happen it appears there wouldn't be adequate area for the required street buffer along future State Highway 16. So, staff is not supportive of that request. Key issues. Boise Hunter Homes requested that -- again, as I mentioned, the stub street to the south be shifted farther to the east to align with the planned location of the street in the future development and the applicant stated that they would like to pursue development of the LDS seminary and residential portions of the development first and restrict development of the Boys and Girls Club lot until a second public street access is available consistent with the ACHD conditions of approval. The key Commission -- or discussion items by Commission was the single public street access to this development and secondary emergency access and parameters of the ME zoning district. The Commission did not make any changes to the staff recommendation and there really are no outstanding issues for Council tonight. There were several letters of testimony that were received, all in support of the LDS seminary building from Bart Hamilton, David Austin, Holly Miller, Jen Johnson, Jennifer Reece, Lance and Camie Olsen, Maile Thomas, Matthew and Nicole Gemette, Megan Roos, Trish Dildine, Troy Ball, Greg Borup, Paula Horsager and Melanie Evans. Matt Adams, the applicant, did submit comments today in agreement with the Commission recommendation. Staff will stand for any questions. Page 64 Meridian City Council Item#2. December 14,2021 Page 46 of 70 Simison: Thank you, Sonya. Council, any questions? Okay. Would the applicant like to come forward? Adams: Thank you. Good evening. Matthew Adams, 462 East Shore Drive, Eagle, Idaho. I'm here to help get Highway 16 built, since it goes through my project, which helps everybody. And, Sonya, can you put my slideshow up? And thanks to the folks that stayed for this presentation. Thank you. All right. So, I'm excited to be here presenting an exceptional project. Aviator Springs is the right community in the right location at the right time. Tonight what I want to go over is how we align with the Comprehensive Plan and the context of Aviator--Aviator Springs, which is really difficult to see without looking at the Fields sub area plan in the surrounding area. I want to talk about the community highlights, our community partners that have made this happen and, then, some specifics that Sonya alluded to at the P&Z Commission hearing and, then, ultimately, we are requesting approval of annexation, rezone, and preliminary plat. So, how do we align with the Comprehensive Plan? Well, we are a premier community. We are making an investment in 93 homes for Meridian families. We are an evolving community responding to the Fields sub area plan with major investment in what we consider resilient open space. We are a livable community, promoting family friendly recreation for healthy living, focused on natural systems for stormwater management, cooling of air, sightlines off of the project and we are also promoting public safety by implementing Crime Prevention Through Environmental Design. This will be a vibrant community. We are adjacent to the activity centers of the high school and a future elementary school, as well as many many future amenities as part of the sub area plan and we are making a nod to -- or celebrating the history of the site as agricultural through our open space and play design. We are a connected community with safe and efficient transportation, excellent connectivity to local streets and we are partnering with ITD to ensure Highway 16 infrastructure can successfully move forward. So, this is the Fields sub area plan that I have referred to a couple times and what we are specifically talking about is this southeast quadrant and, then, more specifically the very corner of that area. I do want to thank the city and Logan Simpson for assisting us in providing these background graphics. So, Aviator Springs integrates into the sub area plan and surrounding development patterns beautifully. We integrate by focusing on land use transportation, economics, and the parks and pathways. So, if you look at that area plan and that new Highway 16 as an edge, our density is appropriate for this area. All right. Let's talk about our specific project. Our project land use. As Sonya said we have R-8 in the yellow. We have got the L-O in the blue and, then, we have our mixed employment in the purple. So, we have three distinct zoning types and four distinct uses. Circulation we feel is excellent, because it provides for a lot of off-street circulation. So, we have got good -- good automobile circulation. We are stubbing to the north and south, which is the only available connectivity we have for automobiles and, then, we have great walking access. We are connecting to what will be pathways north of us on Five Mile Creek and we have walking ability to the elementary school in the future and to the high school today. Amenities. We are really proud to be going above and beyond the amenity package and providing a really great amount of open space. All right. Specific amenities. Pathways. Pathways comes up big when -- when your team does surveys and we think that people's ability to walk in loops and different figure eight patterns and things within their neighborhood a good distance, while Page 65 Meridian City Council Item#2. December 14,2021 Page 47 of 70 feeling safe on local streets and pathways, is very important and we propose multiple types of pathways, so that people of all abilities can access them. A pool is always a great amenity. People really enjoy that. You can walk to the pool. You can reserve the cabana on the side and have birthday parties and, then, we also have the small -- well, 20,000 square foot soccer play field in the southwest corner of the development. What I'm most proud of is our open space buffer along the east edge of the project. Now, we have to have -- we are required to have a 35 foot wide buffer. We have provided a 50 foot minimum width buffer, which is more generally greater than a hundred feet, which places the closest home to Highway 16 at 200 feet from the roadway. Within that buffer we are providing stormwater management. We are cooling the air, which is important. And we are doing sight and sound buffering from the highway. We are proposing waterwise climate appropriate landscape. We are actually looking at a hotter climate. We want the HOA to be able to afford to maintain this in the future. Provide habitat value, a unique aesthetic, and minimize maintenance. Pathways meander through the community with pedestrian bridges, undulating grade, and we create a sense of place. We also provide nature play. So, we have unstructured play for kids in a safe and contained environment. Natural creative play is proposed for the site, which creates a unique experience. It encourages exploration and engagement with the -- with the environment. Free range kids. Here is some images of some of that nature play feature that we think is appropriate. We will have, hopefully, some areas of mud for kids to play in. But no mosquitoes. Bernt: What about trout ponds? Adams: And there is no trout ponds at the current time. And, Sonya, I can't get it to advance. There we go. Just an artistic rendering of what that buffer could look like, so that you can get a sense of what the sound attenuation wall looks like, different pathways systems and, then, play equipment in the middle. All right. We do, of course, want to show our architectural character. The homes are planned as one and two story single family detached. The homes will be designed in what's -- I guess now -- I have traditional theme written here, but it's West Meridian traditional I suppose. They will be constructed using a variety of high quality materials, including cultured stone accents and siding. Buildings shall be designed with elevations that create interest through the use of broken panes, windows, fenestrations and produce a rhythm of materials and patterns. We do -- because we face Highway 16, we have a lot of homes -- we have to have all sides that look nice. So, these homes will be four sided aesthetic. Here is some view of the two story units. All right. It's important to me that -- to talk about partners. A project like this requires a lot of energy, a lot of time, a lot of investment and a commitment from many many people. So, I just want to acknowledge the City of Meridian, West Ada School District, Idaho Transportation Department, Ada County Highway District and Nampa- Meridian Irrigation District as agency partners. Of course, the LDS Church, which plans to develop the seminary, and the Boys and Girls Club, which we have a desired partnership on a donated parcel. Also, the development team, Jeff, Nick, Larry, Ryan Wade and Brady and, then, my team Tyler, Chad, Jim, Mike, Dan, Ben, Dustin and Dylan. So, now to the nuts and bolts. The staff reports and conditions -- we have no objection to the city staff report or the ACHD staff report. So, that's good. I do want to talk about Page 66 Meridian City Council Item#2. December 14,2021 Page 48 of 70 some specifics that came up during P&Z that are important. So, first is secondary access. So, we are -- we have main access on Achievement Street from the north. It comes into Chukar Ridge, which is under construction, but we will be submitting final plat shortly and that enters into the site. We do not have access to the south yet, but we are stubbed for that and we are -- we are hopeful for that to come soon. So, we have coordinated with the fire department, police department and West Ada School District to provide a secondary route through the high school site to this project. At the P&Z hearing that it wasn't depicted clearly how you get through the high school site, so this graphic is to show you more clearly that access route. This is on a recorded access agreement that's been signed by the school district and the landowner for this project. Also we are excited that Fire Station 8 is underway and should come online 2023, which provides great support to this community. Parking always a great issue. So, we wanted to give some counts. We are required by code to provide 372 parking stalls. We are providing all of those in the garages and on the driveway and, then, street parking provides an additional 174. So, we feel that we are providing adequate parking or more than enough. Knowing we are next to a high school, we have to plan for some on-street high school parking kids. I will say, though, Owyhee has close to 1,300 parking spaces, where Rocky Mountain had 900. So, there is already a built in extra parking at a Owyhee and we have gone above and beyond with a lot of street parking on this project. Okay. My final point here is schools, which is important. All of the schools that this community feeds into currently have capacity. So, they are anticipating 93 school aged children would come with this development and we have got capacity at all levels in the schools that these homes actually would attend and, more importantly, they can walk to the high school and in the future walk to the elementary school. So, a good seven -- a good nine years of your school career could be walkable. All right. What is Aviator Springs? Aviator Springs is really a partnership. Lots of people made this happen. It's 93 new homes for the City of Meridian. It's fully integrated with the Comprehensive Plan in the Fields sub area plan and we believe it is the right community at the right time in the right place. Thank you and I will take any questions. Simison: Thank you, Matt. Council, any questions? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Matthew, we will start you out with the big one right off the bat. When these people want to go to Boise what road are they going to access the freeway on? Adams: They will go to Ten Mile. No, I'm just kidding. But, Mr. Mayor and Councilman, this -- they can exit out to Owyhee Storm Avenue, which was built with the high school and, then, they can either go up to McMillan or Ustick. Ustick will put them on Highway 16 and get them to the freeway. McMillan will take you into Meridian. So, how do you get to Boise? You know, we don't know. But people will find that quickest route. They will try different routes until they find the quickest one. For me map says that it's quickest for my house to take the connector and I always take Ustick all the way, because I don't Page 67 Meridian City Council Item#2. December 14,2021 Page 49 of 70 want to drive on the freeway. So, I think -- I think we are connected well. Our density is appropriate that we can actually -- we don't exceed the roadway capacity that's there for us and we have good connectivity to the future Ustick interchange. So, we are all depending on Highway 16 now. Hoaglun: Mr. Mayor, follow up. Simison: Councilman Hoaglun. Hoaglun: Yeah. Understand that completely. And Highway 16 we are looking at -- at five years. You will probably -- if there is approval you will be moving forward probably fairly quickly. Those timings don't quite match up. I -- it's nicely laid out. It's a good job. I like the single family homes. That's 93. You know, if we are talking multi-family that's way more. But, you know, that Ustick widening, McMillan widening, all those roads out there are not improved and they are many years down -- down the road. So, that -- that is a challenge and I wasn't on the Council when -- when Owyhee High School and that discussion you guys had -- which, you know, you knew it was going to come. Once you put Owyhee High School out there things were going to happen and it's happening, which is the way things work, so -- I wasn't on Council then. So, I don't know all the -- all the issues around that. So -- anyway. It's just -- this is kind of -- it is a spin off after the -- after the last discussion we had. You know, this is an annexation. So, should we be considering these things for annexations, because the impacts will occur over here and that shouldn't be happening -- or we can't -- we have it with schools in south Meridian. We have it with roads in north Meridian more. The school capacity is fine. But, yet, we have quality developments coming along, you know, and -- and that's the rub is what -- what are we -- how do we make this work? It's not that -- personally I don't want to not make it work, but it's just the timing of things. How do we make things come together at the right time, so we have less traffic problems, fewer issues with development and conflict with growth. But, again, as I said earlier in the other hearing, was the fact that we don't control what other communities do and it's going to impact Meridian, because we are in a great place. We are in the middle of everything. We have access to everything. But people come through Meridian to go to that -- those -- those areas as well. So, I don't want to penalize our good folks and developers for doing good projects, because the roads are substandard, because they are going to come no matter what and we can't -- we have no say over that. So, I guess kind of open it up for you to comment and give you additional thoughts on that. Make your case. Adams: Thank you. Mr. Mayor and Councilmen. So, that is unique. I stood right here during the Owyhee High School annexation and was part of that and since, then, we have had -- because of the unique location of this, we have Nampa, which is -- highly impacts these roads. The construction of the Amazon facility was occurring during Owyhee and during Chukar Ridge, which we got approved and we don't know if Nampa sending cars down Ustick or if all these people are going to go west to go to work. What our traffic study has told us is that the roads can handle these trips and they have recommended approval. I think one -- the one things that this applicant can and will do is pay impact fees. We will build all the roadways and has located, hopefully in an area where Page 68 Meridian City Council Item#2. December 14,2021 Page 50 of,0 walkability is improved, but, really, I guess being unable to predict who buys each home, it's very difficult for us to predict all those behaviors -- those driving behaviors. Now, we are acknowledging that you get four cars at every one of these houses. That is the reality of where we live, but we think -- you know, with the highway -- I was out the other night, it was really foggy and I was driving around the high school and there is four traffic signals in the middle of nowhere in the fog. It was a very surreal experience. So, this area, believe it or not, I think is ahead of where Mountain View and Rocky Mountain were and maybe we are actually doing better than we think, we are just encountering new challenges as the numbers swell in the valley. But thank you for the question. I don't think I have a specific response or solution for you. Simison: So -- so, Matt, my linear brain, no matter how many times this -- I can't get over you could drive by seven houses to get to a Boys and Girls Club -- what I would consider two semi-commercial elements with parking lots. Can you walk me through that, why my brain says, no, having these -- driving by homes that are fronted on a road, you drive by those to get into what to me are commercial style facilities and the Boys and Girls Club I don't -- are we talking like a 25 person daycare Boys and Girls Club? Are you talking like -- what -- what -- what is the envision -- I'm looking at the one over here across the street. Is that what we are putting inside -- I don't see this as adjacent to the school, I see this as inside the subdivision. That's me, because that's where the access is coming from, but that's my linear thinking. Adams: Mr. Mayor, thank you for that question. So, to be compliant with the mixed use neighborhood land use designation, we are required to do a minimum of three different types of uses. So, the city's Comprehensive Plan guides us to this type of solution. Now, the arrangement of the solution within isn't spelled out by the land use plan. However, our desire to partner with Boys and Girls Club, their desire to partner with us, has led us to a facility that is associated with the high school. Now, they don't have any firm plans. Their board voted that they are interested in pursuing this donation, but they don't know what that would be and since I don't represent them I can't speak to the -- what exactly they would have. In conversation they have talked about everything from school aged after school programs to high tech programs for high school aged kids. So, what they end up landing on I don't know. There will be some traffic for parents coming to pick up kids from that facility. We also are hopeful that with the -- if the parks master plan for pathways is implemented we are going to have a lot of household rooftops where kids could ride a bike home from this facility or ride to this facility. So, we are hopeful that there could be a good blend there. It is definitely associated toward the high school and you do have to pass some homes, but it is away from most of the homes on the property. Simison: Did you look at trying to move that -- what I'm going to call north where I'm looking at up into that corner where you have the access to the road and look at your different accesses and put it -- or you didn't have to do that, because at least, then, you have -- I don't know if that's a collector road that's going to be between this and the other one. I was looking at one of the pictures or does that not work for some other reasons? Adams: I think -- well, the stub street from Chukar is already constructed, so we only Page 69 Meridian City Council Item#2. December 14,2021 Page 51 of 70 have 110 feet between the high school fence and that road as it comes south and, then, to meet ACHD standards you have to have a certain linear footage before you can have a curb or another intersection. So, this widening that you see around the seminary is as far north as that can occur. So, if this was going to be shifted north it would have to go to the east side of that roadway. We did look at several site plans. I think -- we did three pre-app meetings on this project and spent quite a bit of time working through different solutions and different densities with staff. This is what we felt positioned all the uses in the best location. The Boys and Girls Club had zero residential neighbors that are directly adjacent to it and that was -- that was one of our goals. That was the trade off. Simison: Council, any additional questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I want to provide a little flavor, because I think I kind of started with your initial concerns, but my youngest spent his summer at the YMCA in Tuscany and we have lots of families who traveled to and through to elementary schools throughout Meridian. I mean I kind of saw this as a similar type of use. Simison: I try -- I went to the same place, except for none of those homes front the roadway that comes in. They are all off from that standpoint. I went into the YMCA over in the other side -- the real YMCA that's over there in that residential sub. Again, none of the homes back up into the roadway where we are bringing commercial traffic that I could think of. Again, those are the two that I went to. I'm not going to say it doesn't happen in other parts of our community, but when you are putting commercial style things and we are driving past front --what are considered -- I don't even know the name of the roadway network when you have the ones that come through the residential that are not meant to be fronted on, as compared to this, which they are. So, that's -- that's how I came to the -- my difference was exactly the same situation. Same concept, different roadway network design. That's really where it came down to. And I appreciate your -- I guess just my linear way of thinking. I'm not saying it's wrong, it just is hard for me to get my head around it personally. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Matt, you know, I sat with you on the Comprehensive Plan committee and -- and we -- we spoke a lot about, you know, open space and a lot of different things and -- and from your comments -- or was it the open space -- one of the committees. It was the open space code. That's right. And so remembering your comments during that -- those discussions it doesn't shock me or -- that you would sort of design this -- this subdivision the way that you have and the developer has. It's just different and I think it's pretty cool. I think it's -- I think it's thoughtful and, you know, the little -- you know, creating a bigger Page 70 Meridian City Council Item#2. December 14,2021 Page 52 of 70 buffer, so the kiddos can have some really cool place to play -- I know in my subdivision down the street we have a lot of open space -- passive open space where the kiddos go find, you know, snakes and a kiddo found a turtle the other day before it got cold and they were, you know, trying to keep it alive. They like, Treg, Treg, we got a turtle. So, it's this type of like open space that you have created I think is pretty cool. I think the kiddos are really going to enjoy it in my opinion. Adams: Thank you. Harper: Mr. Mayor? Simison: Thank you. Appreciate that. Harper: Question for Matt. In pre-apps that we were talking about some parking concerns with that access to the high school. I noticed on your parking -- can you go back to the parking -- yeah. Right there. So, the seminary in that general area where the -- where there is a walkway to Owyhee High School, we have a similar setup at another high school in our city where we have had to find alternative parking options. Are you still considering what we discussed early on in regards to working with ACHD to have that posted for no parking during school hours? Adams: Mr. Mayor, Lieutenant, great question. So, yes, when we -- we met with Scott, we met with Lieutenant, regarding this known issue, because when parking becomes a problem people call Meridian PD and they become parking police in a subdivision and, yes, so there was a lot of discussion on can certain areas be signed and that is something that's on our list. We are a little early right now, because we haven't submitted to ACHD. But that is on our list to take care of. I appreciate the reminder on that. Simison: Council, any additional questions? Thank you, Matt. Mr. Clerk, do we have anyone signed up to provide testimony? Johnson: Mr. Mayor, we have two people signed in. First is Todd Tucker. Tucker: Good evening, Mr. Mayor and Council. My name is Todd Tucker and I represent Boise Hunter Homes. Our business address is 923 South Bridgeway Place in Eagle, Idaho. I just want to start out by saying we -- we actually support this project. We are in favor of it. We own the property directly to the south and we think this will be a good asset to that area and ties in very well with what we plan on submitting in the future. We did submit an application on this property a little bit over a year ago. It's since expired. We didn't pursue it any further than that and we --we do anticipate resubmitting an application probably within the next couple of months on this -- on this property. We have one really just minor request. Sonya, if you bring up my slide. We anticipate when we do submit an application requesting a waiver or a variance with our development to have the internal road that will connect to the north to be moved closer to Highway 16 than what the code currently allows. If you could make it just a little bit smaller, so that the whole -- or can I do that? Or just slide it to the north all the way I guess. That would be fine. So, we do Page 71 Meridian City Council Item#2. December 14,2021 Page 53 of 70 anticipate requesting a waiver or variance to allow us to move our internal roadway a little bit closer to Highway 16. As you can see in this exhibit -- maybe if my mouse will work there. But the blue -- the blue line that kind of zigzags through the property, this is where we are anticipating a road running through the development and, really, this -- we would be requesting this because as Highway 16 bifurcates our property, it comes in at an angle and it really starts to pinch our development and make it difficult for us to have enough room to get a quality development in there and so as much as we could slide that road over we would like to do that. So, in -- you know, just briefly in conclusion, our request is really -- and this -- this may be the first time ever this has happened that a developer requests the Council grant another developer a waiver, but we would be asking that the Council actually allow this developer some flexibility to slide their stub street further to the east with anticipation or with the abilities that if we are successful in our request to get a waiver, that those roads could align a little bit better. So, that's really our request. They are -- they are providing in that area a 45 foot buffer from the western boundary of Highway 16 to the eastern boundary of their stub street to the south and so we would be requesting that they be allowed some flexibility to slide that road further to the east, with the thought that if we do -- if we are successful that those roads could align and that -- that concludes my -- my testimony. Simison: Thank you. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Todd, it is kind of an interesting request and so I guess my -- my first question would be have you had conversations with the applicant? Is that something that they want to pursue, but don't feel that they have the ability to? I mean it is kind of -- it's kind of a -- it's just different. So, I guess let me understand if -- the conversations you have had with the applicant and their willingness to want to do this. Tucker: Sure. Mr. Mayor, Council Member Cavener, we -- we have discussed this a little bit. You know, I think they are complying with the code the way it is. Their property is a little bit different than ours. They have a little bit more room and flexibility. At the Planning and Zoning Commission meeting Matt did say that, hey, if-- if-- if you guys get approved to move your road closer to Highway 16, then, we will -- we can accommodate that. He did send me an e-mail a while back saying, hey, we reevaluated this to -- to -- you know, to meet the standards that we have for the berm and the --the wall and the --the pathway, we can't -- we can't do that by meeting the code, so -- but he did say, you know, that they were open to --to making those arrangements or moving the road over if we get approved and so that's really our request is just -- and, again, it's -- this is a weird situation where we are a little bit -- we almost got a little bit the cart in front of the horse, but we are trying to do good planning and plan for the future and just thinking along the lines of it -- in our mind it makes a little bit more sense to have the road closer to Highway 16 to provide that buffer. It gives us a little bit more room for development and we really want these roads to align, so we are just saying if we are successful we would like the ability for these roads Page 72 Meridian City Council Item#2. December 14,2021 Page 54 of 70 to connect, which would, then, in turn, require you allowing this project a little bit of relief from those standards to move their road to the east. Cavener: Okay. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Todd, my first question would -- would you still have a wall between Highway 16 and your road? I mean is there some sort of barrier or buffer? I think that is required -- berm and wall or just a wall. Tucker: Sure. Mr. Mayor, Council Member Hoaglun, there is quite a bit of distance between the actual pavements of where Highway 16 will be and the right of way. There is about 50 to 70 feet in there and so we intend on visiting -- our intent is to visit with ITD. It's been done in some other places where they have actually allowed us -- developers to construct those improvements within that area. So, yes, to comply with the code will have to provide the berm and the wall and we think that's important. Again, this is a lot of requests that we would be making of other agencies, but, again, we are really just looking for some flexibility. If we are successful in those endeavors to have the ability for those rows to connect. We may be -- we may not be successful, but we just want the flexibility. We think it's good planning for the future to have that flexibility that if we are successful that it all aligns and works out well for everybody. Hoaglun: Mr. Mayor, follow up. Simison: Councilman Hoaglun. Hoaglun: And I will ask you this question, but it's one that Matt might weigh in on as well, because it's their development where you come in -- coming into the site, coming through the other subdivision, go in front of the seven homes the Mayor was talking about and then -- and, then, you have the donated land for Boys and Girls Club, seminary, and, then, if you were to come down that street, take the little jog right and, then, straight you have got, what, four or five homes there. Why not come off of that street where -- showing green space and, then, reclaim that green space where their road is and come in from the upper section or the west section closer to the high school into the -- into your site? Would that solve problems? And -- but there might be other problems I'm not aware of, but just kind of looking at that map. Now you are not going through how many more homes to get to the homes that you you want to build, so -- Tucker: Sure. Mr. Mayor, Council Member Hoaglun, I'm pretty confident I understood what you said. One of the struggles that we will run into is there is a -- there is a canal that runs through there, so it would be requiring a bridge or another developer to build a bridge over that canal, which may be a little bit more onerous than -- than they are willing to take on, but -- but we did look at that and think about that. One of the concepts that Page 73 Meridian City Council Item#2. December 14,2021 Page 55 of 70 we are kicking around and thinking about for this area is a multi-family development and so it would be a -- basically a public street stubbing into the parking lot of a multi-family development and so just the way that we have it arranged we think works the best way. Again, you got a canal there that would require a bridge to come over, so -- Simison: Council, any additional questions? Thank you. Johnson: Mr. Mayor, next is Ron Hopper. Simison: Good evening. Thank you -- Hopper: Mr. Mayor, Councilmen, young lady. My address is 3510 North McDermott Road and I agree with Councilman Brad here. The traffic is horrendous. Okay? If this subdivision goes in, the traffic for the kids -- my grandson goes to Owyhee High School. I drop him off. It's a nightmare. Some kid is going to get hurt. I mean it really has to be looked at about all the egress points and everything on the subdivision. Okay? So, I mean I just want to voice my -- my neighbors on McDermott feel the same way. If-- I can bring 15 people in here with me and we can make a show, but I'm just saying that this subdivision -- I mean you know yourself, all these subdivisions -- I mean I first came to Idaho -- you guys may be born here, but I first came here in 1971 . Fifty years ago in Custer County. I have only been down here a few years. But all these subdivisions -- you got to realize a lot of things. Ustick Road is torn up. Okay? Cherry is torn up. The cutting and patching. I was in construction for 45 years. I built everything but a dam. It's torn up. The patches are failing. They are six months old. That's the same thing going to be on McDermott. Cherry, Ustick, all those roads either -- you need to make these developers set up a contingency fund to come back and fix the screw ups. That's what you need to do. And, then, something else you got to realize. All these houses -- look it up. How much water -- last year we were told to conserve your water. I'm on a well and a septic. Okay? But how much water does each one of these homes take? Okay? A month? Three hundred gallons? You can Google it. That's my opinion and I have neighbors that agree with me and I appreciate your listening to me. Simison: Thank you. Council. Hopper: Okay. Hoaglun: I do have a question. Hopper: Yeah. That traffic -- you made a good point. The traffic in this whole area is ridiculous. You know that. Hoaglun: I didn't get your first -- your name. What was your name? Hopper: Ron Hopper. I get the Hopper. When you see it on TV, get the Hopper. Hoaglun: Hopper. Okay. Thank you, sir. I just wanted to -- question. You are on -- you Page 74 Meridian City Council Item#2. December 14,2021 Page 56 of 70 are on McDermott? Hopper: Right. 3510. Hoaglun: Okay. I'm just trying to figure out -- we now have that -- that Storm Drive I think it's called or a Storm Road -- Hopper: Right. Hoaglun: -- and they got the lights there and there is a lot of traffic going up and down that for the school and whatnot. Are you seeing more traffic on McDermott just from the school or just from the general development? Hopper: Yeah. There is a lots of -- there is lots of traffic on McDermott, because you got your other subdivisions to the north. Like you say, the high school wasn't even there when we -- my wife bought the house, you know, but it's progress. It's fine. It's just got to be planned and like the Mayor said, you don't have a commercial building right in front of your big subdivision, you know. So, I agree with him one hundred percent on that, so -- Hoaglun: Thank you, Ron. Hopper: Thank you, gentlemen. Have a good one. Simison: Thank you. All right. That's everyone who has signed up in advance to testify. Ralph, any comments you would like to make this evening? Okay. Nothing on the record it appears. Bernt: Oh, that was funny. Simison: And online we just have ACHD and our parks director. If either one of you are looking to testify on this item you can go ahead and use the raise your hand feature. Otherwise, Matt, we will invite you up to -- for any closing comments. Adams: Thank you. Sonya, would you mind putting my presentation back up? So, while we are waiting for that to come up -- to come up, Mr. Hopper makes a good point and we did -- he also attended our neighborhood meeting, which we -- was I believe 109 degrees that day and we did it outside and -- to be convenient, of course. But, oh, it was hot and he was one of the brave souls that actually attended and we appreciate that. At that time we felt that we were successful, because we don't have any residential, we don't have any high density on the east side of Highway 16. So, the uses that are occurring as part of this project on McDermott are going to be the least amount of traffic possible and I will also say that ITD in their planning has a plan to reroute McDermott. I don't live there, I don't know if that's viewed as a positive or a negative for the people that live there, but it is going to peel off, go around to the east and connect to Ustick in a new location. So, that's my comments on that. Regarding -- and this is an image of what's -- what we have Page 75 Meridian City Council Item#2. December 14,2021 Page 57 of 70 planned to occur on McDermott. This is the Acclima plan. They are a current Meridian business, research and development and manufacture of moisture sensors. They want to reinvest all the money from the sale of this land into a new facility here, where they would move their operation. So, there is very very little traffic and going out to McDermott from our project. This is an image to show you how our south sub street -- stub street works to the Hunter Homes parcel. Todd characterized everything accurately. We are not against his request. What we looked at is providing the required berm and wall, landscape buffer to street and based on the slopes of the berm and the height of the wall and ITD's roadway centerline, this is what we think works. We also think this is the most attractive entrance. Every developer thinks of where their edge is that's how you enter the community and the wall being next to the road, that's not something we contemplated and we have not coordinated with ITD to do any of our work on their parcel. So, our preference at this time would be to go with this design as shown, but I guess as we work through construction documents, if we can do some minor shifting we will do our best to accommodate that, but tonight I don't want to commit to sliding it over right to the property boundary. My last comment would just be to -- to thank staff, because they worked with us for about a year on this and if you count Chukar and Owyhee five years. So, you know, we like these kind of projects that keep -- keep going and keep us engaged with the -- the planning staff. So, thank you very much. Simison: Thank you. Council, additional questions or comments for Matt? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Matt, I'm -- I'm curious about Mr. Tucker's request with the road and all that. Is that something that you guys are seeking? Is that something that you are interested in? Is -- I mean your layout doesn't contemplate that. I mean you are not coming with any type of a request, so my assumption is the layout that you have put together is what you plan to run with, but I don't like, you know, placing applicants against each other, but it -- because it's such a unique request I wanted to at least give you a chance to respond. Adams: Right. Mr. Mayor, Councilman, we feel that our proposed design is the way we want to go. So, it provides the biggest buffer, the best berm and wall to provide the same type of sound and sight attenuation to the homes that are just on the other side of this road. However, we -- so, we want to proceed with this. We want to be a good neighbor, because there is going to be a time where we need Hunter Homes to maybe accommodate something from us. So, if -- we want to find a middle ground. We don't want to go all the way over. But we think there might be a little bit of wiggle -- wiggle room. At this time as tonight we are not asking for a variance. We are coming in with a code compliant proposal. Cavener: Okay. Hoaglun: Mr. Mayor? Page 76 Meridian City Council Item#2. December 14,2021 Page 58 of 70 Simison: Councilman Hoaglun. Hoaglun: Sonya or Chris, whoever is controlling, can we go -- or maybe you, Matt. Can we go to one that showed the greenspace and -- and kind of above -- Adams: Well, I love this picture, but -- hopefully that's what we get. Hoaglun: That's what the berm is going to look like when you are done I'm sure. Adams: How about this? Hoaglun: Yeah. That one works. That one works. You know, we have got that drain or irrigation canal down here in the lower left and you have cut off the corner of that lot right -- yeah. Keep going down, down, and -- right there. Yeah. And so we have got that angle. Because I asked about the street up there, why not come down and come straight, and, well, we have got a bridge. Well, that -- that irrigation easement is going to be going to the -- to the southeast, continue on. So, I'm thinking, okay, there is going to be issues there, but that's for another application. But, then, going back to yours, you have got that angle there to allow for that easement. Looking at that street, to give more room, can you angle the lot there -- same -- same block, but to the east and angle that so you have got room for your street to come in and not be so tight against the berm and give them some wiggle room? Just a thought. When I saw that I thought, well, you could do the same on the other side to bring that a little bit in and we move away from that. But again -- and who knows what the future holds for the next application to the south. But, you know, if you are looking at trying to work that out, that's just a thought. Adams: Yeah. Mr. Mayor, Councilman, so I am not a civil engineer and my engineer would be cringing right now, because if we start to slide that road or curve or move that road, the ripple effect of that is pretty dramatic and the required radius on a curve and the amount of straight distance you need before you have a T-intersection, the -- as we start to look at that and maneuver that, yes, it could be done. We could look at a road on that --further on that west side. I'm not sure that really would work well for what Hunter Homes is anticipating. There could be a little bit of maneuvering that we could do and still retain our aesthetics of our berm and the sound quality of it I think. Hoaglun: Mr. Mayor, follow up on -- Simison: Councilman Hoaglun. Hoaglun: -- a little different subject. The access point for your subdivision, I would anticipate they would be coming off of Storm Way -- Drive -- Road. Is that how you see -- where do you see the majority of your residents in this development coming into that -- that property? Adams: So, Mr. Mayor, Councilman. So, yes. So, our property is not allowed to take access from McDermott, because -- we can't even build a temporary, because it will go Page 77 Meridian City Council Item#2. December 14,2021 Page 59 of 70 away. So, that would be a false promise to people living there. So, everyone who comes into this subdivision at the current time would exit Ustick or McMillan onto Owyhee Storm. Those are both signalized at this point and, then, partially improved on the roadways -- not fully improved. They would travel to Achievement and, then, head east into this project. There where they -- kind of the bright blue or the cyan arrow that points north- south on the west side of Trucker, that is a future road alignment that will connect into Gander Creek. The Trucker Ridge developer is constructing that crossing right now for emergency access vehicles from the fire station and that will become a roadway when the elementary school develops and so there would -- there would be another access through this area, but you still initiate -- you still get onto Owyhee Storm from either McMillan or Ustick, so -- and Owyhee Storm is built. It's a half section, because we didn't finish the other side, but it has a middle turn lane. It's -- it appears to be completely constructed. Even the west -- the west side is a shoulder and borrow ditch. Hoaglun: Thank you. Simison: So -- oh. Councilman Borton. Borton: Mr. Mayor. Matt, could you put up the school capacity slide that you showed. That one right there. So, one of the things that's been highlighted more recently in some of these applications -- and it gets focused in the annexation discussion that we saw earlier now, is school capacity. So, the -- the column just to the right of the highlight is the elephant in the room on any of these applications. So, the difficult question for any applicant and -- and you with this one is, well, where do these kids go to school in light of all of the other approved platted parcels if a school bond does not pass? Adams: Mr. Mayor, Councilman Borton, good question. So, yeah, the area I highlighted shows current enrollment and capacity and, then, the next column is approved preliminary plat parcels per attendance area. So, for example, Pleasantview Elementary, there is 3,089 parcels approved within that attendance area. This graphic does not tell us how many school aged children would be predicted to come from those parcels. We know just by looking at a map that more kids are going to start to -- they are going to take that 546 to 650 -- Borton: Sure. Adams: -- then that will -- that will happen. Our project where it is in line with those 3,089 1 do not know and it's -- I'm having like flashbacks to the Ten Mile question -- which project? Is it the person that lives next door to the school that is considered the overcrowded issue or is it the person from the North Oaks project that overcrowds? It's a really difficult question to answer. This is the data we have today. Borton: Sure. Adams: We know we can walk these kids into Owyhee, which feels good, and there is capacity there and we know that there is a future elementary school site. I think our Page 78 Meridian City Council Item#2. December 14,2021 Page 60 of 70 biggest burden on this particular area will become middle school as time goes by. But that's just my assumption as a resident of the city. Borton: And Mr. Mayor? Simison: Councilman Borton. Borton: Just --just some follow-up comments, Matt. And it's not -- not necessarily a fair question to ask you, quite frankly. I didn't -- you know, I don't think you have an answer, because you can't answer it. It highlights one of the concerns that -- it's just come up more recently and -- and some of the service level issues that we try to address on an annexation -- you know, roads and schools are big ones and with regards to roads, for better or for worse, there is at least impact fees that assist and there is some -- some recurring revenue that assists ACHD and albeit it might be slow, but -- to provide that infrastructure. But schools and school capacities is a unique wrinkle and it was highlighted, you know, weeks back in an earlier application. So, the challenge that I have with this and I guess any annexation going forward and -- the challenge I think for the Council is what do we do with that elephant in the room that, unlike other capacity issues, whether it's sewer capacity or road capacity, the school capacity is extremely unique, because it requires, you know, passage of a bond which our community has changed and at some point -- you know, each project by themselves is small incremental expansion of that, but when we look at the approved preliminary plats on the center column, at what point do we -- are we concerned enough as Council Members to say where do they go to school and who gets in first if a bond doesn't pass? So, one of the questions I will leave you with -- it's a difficult one, quite frankly, I think we have to wrestle with -- I'm coming to terms with the difficult decision, which I think needs to be made, but I'm curious your thoughts on a condition of the development agreement that says the first building permit can be issued upon passage of the next school bond. I'm just curious your initial thoughts on a concept like that, which ties the ability to construct any of this to the passage of a school bond that provides the capacity that we all admit is required. Adams: Mr. Mayor, Councilman Borton, thanks. Wow, I -- we were getting late in the day I didn't know we would have this question come up. I read the newspaper article from a couple weeks ago regarding that crisis situation with the schools south of the freeway in the Hillsdale area and the comments from Council about it being kind of a game changing moment and a new focus on school capacity. Actually, that's why I put this slide in here. I wanted to address it head on and show that the snapshot view and the information we have available today shows that we have capacity. To answer your question, connecting development to passage of school bonds I think would be short sighted. But school bonds our elections run in the full school district boundary and have very little to do with local conditions and West Ada is barely passing school bonds today, even under crisis situations, and I think combining those two different agencies could create many many unintended consequences and I would not be supportive. I would be supportive of impact fees that go to schools, but I think tying it to bond passage takes the control away from the city. The city could get a project they really want, but can't approve because you can't get a school bond passed because North Eagle votes no on every bond. That could Page 79 Meridian City Council Item#2. December 14,2021 Page 61 of 70 become problematic. Borton: If I could just follow that comment up. Simison: Councilman Borton. Borton: You may be spot on, Matt. I don't disagree and, quite frankly, that's what gives me even more concern. I think you are right about the community's appetite for passing school bonds and the fact that there is a legitimate risk that they might not pass I think that it highlights the concern and -- and highlights the fact that you are just adding -- any applicant is adding approved plats and parcels, fighting for a finite number of seats in our schools and I just wrestle with -- it's death by a thousand cuts by approving each single application without addressing that. Now, the -- the building permit for school bonding is a way to -- it's a -- it's a concept -- it's out of the box, but to try and approve good projects. I think your project is really attractive and well designed, but like if we didn't have sewer capacity, a well designed project just -- it gets stuck. We can't service it. Simison: Councilman Borton, you look like you froze. And it was on the word stuck. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Until we get Councilman Borton back on, I do have a question, Matthew, and you show 93 school aged children predicted from this development by West Ada School District. You have got 93 homes that you are going to have. I thought they were using a .7 ratio now, but is -- Sonya, I don't know if that's something staff tracks or -- it was -- I thought West Ada was doing .7 per -- per unit, as opposed to a one to one match, but I could be wrong for that. And also while Sonya is looking around for that, I know Cole Valley is out there somewhere, a Christian high school that's located downtown that is going to build. In Gem Prep is out there somewhere, aren't they? I'm not sure where exactly, but -- Simison: Yes. Adams: Mr. Mayor, Councilman, so good question. So, I do not know how those numbers were calculated. I think Marcy Horner provides those from the school district. I would hate to guess. It could be proximity to the school you get a higher ratio. I don't know. Cole Valley, which I would advocate for approval of that project, which is coming to you soon, is probably one mile due north of this project and school choice is one small tool in alleviating some of West Ada's capacity issues and, then, Gem Prep -- I believe it's on Black Cat. It's within a mile or so and it's to the north of this project and, then, we also have Compass charter that's near there. Their newer facility as well. Simison: So, Mr. Borton, we lost you right at the point where you said stuck. Page 80 Meridian City Council Item#2. December 14,2021 Page 62 of 70 Borton: Okay. My -- my battery died. It's a long day. I'm using up every device I got. Sorry about that. Simison: Did you have anything further -- any questions or pontifications on your brilliance? Borton: Yeah. Yeah. I will conclude the thought and the challenge. It was trying to see if -- if there is a tool such as that for the city to allow good projects to come forward as intended, but constrain the timing that they come on board to the ability to provide one of the critical essential services and that's school capacity and -- and the fact that bonds are difficult to pass it just highlights this concern. If the Council needs to pick a date that they are going to apply -- I just don't know how we don't address it. At some point we have to start and I don't know if, frankly, I can wait anymore and I thought that might be a way to address that concern and still allow good applications to go forward. So, that's the best -- the big hurdle I see with this and -- and, quite frankly, anything other -- anything else going forward of any particular scale in an annexation. That's -- I don't know how to ignore it anymore. Simison: Matt, we won't ask you to -- I think that was an end comment without a question at this point in time. Mr. Borton, I don't want to put words in your mouth, but that's what heard. Unless you want to reply. Adams: Mr. Mayor -- Borton: -- the condition. That was it. Simison: Okay. Adams: Mr. Mayor, I would just say that everything Councilman Borton is saying I understand. I -- and I know these pressures. We do -- I do school development in Oregon, Washington, and Nevada and in Washington and Nevada -- Washington the state matches dollar for dollar. That's their solution. The state believes in and funds the construction of schools. In Nevada they have funding sources that we don't have through casinos and mineral extraction and they provide money for capital construction of schools. In Idaho we don't have that. In Idaho you can't build a school until there is so many kids in it that you are at a crisis situation and the voters vote yes. So, then, the high school builds millions of dollars of infrastructure to try to get open and, then, more development comes. I don't know that -- if the state legislature hasn't solved it, West Ada, Boise, Vallivue hasn't solved it. Madison County hasn't solved it. I don't know how we solve it tonight. I feel that if that were a condition tonight that would -- that would be overlooking the current data we have, the current rules we are trying to operate under. Simison: Well, if only we had a 1 .5 billion surplus that we were just trying to figure out what to do with it. Yeah. I'm talking about the state's 1 .5 billion from this. But it is almost the definition of insanity to your point. You have overcrowding, you go build schools in places where you don't have people, so you put homes around those places where the Page 81 Meridian City Council Item#2. December 14,2021 Page 63 of 70 schools are and the schools fill up with people. So, you got to go build more schools other places. It seems like a self perpetuating problem. I have a question that's just more of a philosophical question that's going to be easy compared to this, the last one you did, but you mentioned -- you mentioned earlier that, you know, you -- under the expectations of the land use you had to put different types into the project, i.e., seminary, Boys and Girls Club. But you do have stuff on the -- over on the McDermott side. But for the requirement would you be putting the Boys and Girls Club facility in this location inside this project? I'm not going to put the seminary on your back, because that was -- you know, we understand -- they want to go by the school. I'm just curious, would this have been your or -- the people's first choice, more residential or this -- or that type of facility? Just so we can -- I think it's important for us from a land use perspective to be thinking about all these types of things when we are seeing these type of results of our -- of our, you know, policies. Adams: Mr. Mayor, thank you for that. So, I think if this was just medium density residential land use we would have met that and we -- we would have likely pursued the seminary application as part of it or a parcel for that application and -- but it's less likely that we would have pursued some sort of a community partnering effort and a Boys and Girls Club type project. However, with the mixed use neighborhood land use and, then, the -- the position of Highway 16, which does not allow you any direct access from that western portion to Highway 16 and the seller's desire to retain that six acres for their project, their investment in the community, that is what led us to needing to provide multiple uses on the -- on the west side. So, when we looked at it with the developer, we were stuck with who would buy a parcel in the middle of a neighborhood behind a high school and we were left with probably no one and it would probably sit empty forever. That is not a good commercial space and we couldn't think of anything. So, this developer, who is also very community minded, said, well, let's come up with a better solution. Let's -- there are organizations in our community that need space, that can't afford space, that are seeking to provide services. Boys and Girls Club came up in those discussions, because they don't have anything in the west end of the city and that's a -- that's a -- for them it's a very underserved part of the community and with the number of households going up, rooftops, they got very excited about the opportunity. So, I guess to answer your question, that -- when we look at the land use map, we want to comply with the code, so we were aiming to provide multiple types of uses. Because of the high school and the highway position, true commercial didn't feel like it fit well and so our creative approach was to try to reach out to some sort of community partner that doesn't have a chance -- you know, they will save enough money just alone on the purchase of a one acre parcel to really kickstart a major project. So, it was just circumstances -- a culmination of circumstances that I think led us to that. Simison: Matt, I appreciate it. It just -- it just seemed to be out of -- out of place, you know, throughout this project and sometimes when you have code and some policies that dictate that, you make it make a -- make it a great thing out of it, but on the front end it looks kind of like --why did I do that for me and this -- I have heard this from a few different parties recently about the requirements that were being placed upon individual parcels that contain all those elements, as compared to looking at the area specific around it. But Page 82 Meridian City Council Item#2. December 14,2021 Page 64 of 70 -- and that's a different conversation. We don't have to -- I want to get us through this evening, we have people here, but I appreciate you -- the indulgence. Adams: And, Mr. Mayor, if you look at the sub area plan -- Fields sub area plan, that is where you are talking about. We are on the edge and if you look at that four square miles you can see where these uses should go. These mixed use -- types of uses. Yeah. Thank you. Simison: Thank you. Council, additional questions? Then do I have a motion to close the public hearing? Just want to make sure we get this done before we do the -- Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Well, I will at least get the first half moving. I will move we close the public hearing on H-2021-0065. Hoaglun: Second the motion. Simison: I have a motion and second to close the public hearing. Is there any discussion on the motion? 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. Borton: Mr. Mayor, I -- I won't belabor the comments. I think Matt did a good job trying to answer a very difficult question. That is -- that is posed to us as much as it is him. So, couldn't find an answer either in prep for this and in prep for knowing at what stage you make the very difficult decision. If an applicant was willing to DA provision that allowed a project to proceed with that, that was the only other avenue I could see something going forward and -- and I don't know if there is a clear line of when you start and make that difficult decision, but I think you have to begin somewhere and I think we are there. So, I'm not supportive of this application at this time for those reasons. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: These are -- these are becoming harder and harder. I have always been a proponent for growth growing up in Meridian. I was here in 1970 my family moved here and so I have seen so many changes and -- and growth has been great. We couldn't wait until we got McDonald's, even though we had the Hungry Onion and a few others, but -- that was a long time ago. And I like growth and there are challenges with growth and when I served previously on Council we were going through a terrible recession and I would much rather have the challenges of growth than a recession, which is so difficult Page 83 Meridian City Council Item#2. December 14,2021 Page 65 of 70 on people. But we are to the point when we talk about transportation, you know, gridlocks that are becoming more and more severe, we have talked about school overcrowding and we have asked for information now to look at what are the applications that have been approved that have impacts and, Matt, you are absolutely right, having grown up here and have seen it time and time again, until there is enormous amount of pressure and kids are spilling into the hallways, people are not going to vote to raise taxes to build a new school. It's -- it's got to be that -- that hard and so that makes it even more difficult. So, then, do we say, okay, we will just slow growth down, really pump the brakes and what will happen? Well, there won't be impact fees for roads. Of course, schools don't get impact fees. But voters aren't going to be asked to raise taxes and, then, here we sit and there are jobs to be had to growth and I'm a believer if you aren't growing at least to some degree you -- you could be getting stale and possibly even going backwards, just -- depends on the philosophy of how you look at growth and as we talked about in the -- in the previous application, the place really to deal with this is at the annexation level. I mean this is where we have to make the tough decision is going to be something we are moving forward with and this is annexation, zoning, and preliminary plat, now we are putting in place -- into motion certain things that -- that will move forward and this is -- this is not a bad application. It's well thought out. I keep thinking is a single family home, the 93 homes only, on -- on 40 acres saving grace, because it's single family. But it's just hard to go there, because I want to be consistent on how I -- how I do things and how I vote and -- and when we talk about traffic impacts and those types of things and my comments from the previous hearing about here we are at a major intersection of Ten Mile and the interstate and we are not going to possibly have growth occur there, because of everything we are doing out here and flowing up, when --well, that has the least amount of impact. You know, a city wants to grow from the center and go out and same with transportation areas. You know, from there you want to -- want to grow out. So, it's -- for me it's hard, because it's about being consistent and in being that we are at the annexation phase of this, I don't think I can go there tonight. It just is -- despite a well thought out planned development that is -- has -- has some other amenities to it that folks want and that -- that makes it a very difficult vote. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I know a few weeks ago we were dealing with that application in south Meridian and I think somebody even called that it was kind of a game changer moment for us. I think it was Council President Bernt. One of the things I applaud and I appreciate Council Member Borton throwing out an idea -- a creative idea. I'm not quite sure I would be sold on it, but I appreciate -- I think it's that first step in that thoughtful, but collaborative and decisive action that we as a body need to decide that we are going to take. I like this application and there is I think some differences between a project that's multi-family in a area of town where the schools are already taxed versus one that is under capacity that we know will soon one day be full and I -- Council Member Hoaglun, I appreciate your desire and your willingness to be consistent throughout. I think that's something that we are all achieving. So, while I'm not opposed to this project, I'm not supportive of it tonight Page 84 Meridian City Council Item#2. December 14,2021 Page 66 of 70 and maybe this is a -- an instance where a continuance may make sense with some understanding that I think that we as a body need to maybe look at a workshop where we invite our community in, our citizens or community stakeholders, the development community and ask them for some ideas. Council President Bernt, earlier tonight you made a very appropriate comment. We shouldn't be designing from the dais and I think it's hard for us, when an applicant comes that we start to talk about these issues as it relates to a specific application. We need to be looking at it as a whole. So, that would be my suggestion is that we continue this out for a few weeks and have an opportunity to hear from people with other suggestions, other resources that we could look to explore and I think we should be inviting our legislative delegation to come to this meeting as well and share their suggestions, because the fact of the matter is that anything that's going to support our community long term is going to require some decisive and collaborative action at the state level. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I don't know if there is a whole lot that I can add to this discussion. I think that there has been some thoughtful comments made already. Matt, I stand by my comments from earlier. I think this is a great application. I -- I spoke about it during our time together on that committee debating open space and you had some creative ideas and some different ideas in that -- in that -- in that committee during those meetings and I -- and I still believe -- I believe that you applied exactly what you said in those committee meetings to this -- to this application. At the end of the day I think -- I think we are at a crossroads and if we weren't -- and if it wasn't clear two or three weeks ago, I think it -- I think it's pretty clear now that -- that, you know, we just need some high level discussions and we need them pretty quick and I know that government doesn't usually operate in the quickest form, but I think that we need to find what that looks like and we probably need to get on it as soon as possible. I have a lot of friends in the development community, I have a lot of -- I mean I own a flooring business and so I'm directly connected to the growth that happens in this -- in this area. I think we are all pro growth. I don't think there is a person that's sitting on this dais that -- that hasn't -- I mean we have had decades of past council members and councils who have been pro growth and pro business and so I don't think that that changes anything. I just think at the end of the day we just need to have some serious discussions as it relates to, you know, schools and transportation. So, consistent -- consistency is key and we just need to -- we need to get there. We owe it to our development community. We owe -- we owe it to those who are spending money and taking risks in our community and so we just need to get there sooner than -- sooner than later to -- to be able to afford some direction to our friends in the development community. Simison: So, I am going to be a little bit different than the rest of you this evening. actually-- you heard my comments. I wasn't excited about the design of this project. But I don't think this is the one that we make a decision on saying no on development at this time. It's in a priority growth area for us. We are putting a fire station right next to it. We are putting a police station right next to it. We are building -- the state is going to build an Page 85 Meridian City Council Item#2. December 14,2021 Page V, of,0 interstate that's going to be put in place in this location before these homes are likely on -- on board from that standpoint. There is not just a brand new high school, there is going to be a brand new private high school, a brand new private elementary school. There are charter schools out in this area. There are a lot of investment that's occurring in this specific location at this specific time, which is what we have asked our development community to be focused on. Now, does that mean that we don't need to have a conversation about the larger issues about, you know, do you -- if there is -- quite frankly, I think the question for Council is, yeah, are you looking for a moratorium at this point in time on development to answer this question. Because I think that that's really where you are getting to. If you are wanting to say let's take a pause and have a conversation, there is an actual way that you can do that, if that's the way Council wants to proceed on these projects. Just throwing it out there. That may be the cleanest way to do it, rather than to continue to hear applications and have them move forward through the process, if you are feeling like you are not comfortable to make decisions and you want to put a pause and bring in the community and have that conversation. So, just food for thought for whatever decision you all make. But to me this is not the development where that decision needs to be made at this time based upon the investment that's occurring amongst everybody in this location in our community. Not to say we don't need to have a bigger conversation. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I appreciate your comments. I think that, you know, suggesting, you know, that this may or may not be a moratorium may be a hair premature. I -- of the respect I think that that's the reason why we have these conversations and we have a discussion and, you know, I -- I certainly wouldn't want to suggest that without, you know, many discussions and -- and, you know, getting our development partners in the room and our citizens who -- and the citizens who are -- you know, they have concern and who have interest in this -- in this dialogue as well. So, I think it's important for us to be clear in the sense that, you know, this isn't -- we are not -- we are not suggesting any type of moratorium or pause or anything of that regard, we are just -- you know, it's time to have high level discussions and I will -- and I will talk to Joe, you know, he started this discussion off earlier, but maybe he has some comments to -- to add to the discussion as well, so -- Simison: And if I could just real quick, I'm going to ask our legal department the question, because to me this is what a moratorium -- what moratoriums are designed for is to allow cities an opportune time to come up with a plan when there is certain parts of your 13 points which are not able to be fulfilled in your opinion. That's -- you know, I could be wrong, but that's why I have -- what I have been told, but if you can at least respond to that and, then, I would be happy to go to Mr. Borton afterwards. Nary: Certainly, Mr. Mayor, Members of the Council. I guess the one concern I have -- and I was just getting the moratorium statute when you raised that. One, it's short. Page 86 Meridian City Council Item#2. December 14,2021 Page 68 of 70 Simison: Correct. It's a limited duration time period. Nary: It's very short. It's to pass an ordinance for your city, but we are talking about solving a problem that we have no control over at all and so I don't know any ordinance that we could pass that could meet the concerns that you are talking about and that would be my one concern in trying to defend that is that I don't -- I don't think they fit together. Simison: Okay. Fair enough. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think that-- and the one you suggested, the continuance -- it's not for the sake of a moratorium, it is for the sake that -- to flush out some other suggestions or ideas, aside from just an annexation -- or building permit won't be issued until a school bond passes, that -- that could be one of many suggestions that may come not at 10:00 o'clock at night after -- after a long City Council meeting. I -- I think this is an opportunity for us to invite the public -- if citizens have suggestions, if stakeholders have suggestions, to offer those to us as we can consider these with this application that's before us and other applications that are in the future. It may result in a moratorium, but I -- I agree with Council President, that's a little premature for us to be saying that's what we are going to be doing. Simison: And I understand the -- the -- I'm just getting to the point if it sounds like it, because we want to hold off on things until we address issues, but, Councilman Borton, go ahead. Borton: Mr. Mayor, just to kind of close the loop, I don't have any concern on the -- a continuance, I only have concern -- and I love being consistent, but until some community partner can provide the data that shows this problem isn't the problem with the magnitude it appears to be, there just -- to your comment about -- it's sort of insane to do the same thing and expect different results. I don't know when we start and if it's kind of shocking and dramatic, then, so be it. I'm fine with continuing this, but this is the elephant in the room and you have to start at some point and if it upsets folks, so be it. We have to have the conversation. It's not popular, but I think that's part of our commitment and our obligation to the community and not everybody will like it, but I'm ready to have it. I'm ready to have it today. A continuance for the fairness of the applicant, I -- no problem with at all. If this goes, quite frankly, into January. But that's the data that we need and I don't know how to -- how else to solve this problem. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move that we continue file number 2021 dash -- Page 87 Meridian City Council Item#2. December 14,2021 Page V9 of,0 Simison: We need to reopen the public hearing if we are going to continue it, do we? Borton: We don't have to. Cavener: Okay. Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we open the public hearing on number four, Aviator Springs, file number H-2021-0065. Hoaglun: Second the motion. Simison: I have a motion and a second to reopen the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it. MOTION CARRIED: FOUR AYES. TWO ABSENT. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we continue Item 4, Aviator Springs dash -- H-2021-0065, to January 25th. Hoaglun: Second the motion. Simison: I have a motion and a second to continue these items to January 25th. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the items are continued. MOTION CARRIED: FOUR AYES. TWO ABSENT. FUTURE MEETING TOPICS Simison: Next item up is future meeting topics. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: This is sort of what I was hinting at in comments earlier. It wasn't an annexation, but this is certainly the elephant in the room that I think we have a commitment to try and address and accept the realities of what the data is telling us. So, whether it's a workshop or 6:00 p.m., to answer the question throughout our city when we have a magnitude of approved plats that far exceeds any capacity of a school, coupled with the new political Page 88 Meridian City Council Item#2. December 14,2021 Page 70 of 70 landscape in our community that everyone apparently concedes is not supportive of any debt and school bonds and -- it's unfortunate, but that combination is toxic and we have very difficult decisions to make as stewards of the community. So, somehow there is going to be -- I think -- I request -- maybe it's in January -- that workshop discussion to try and create solutions that -- and any of the community partners can help us try and solve. Simison: Okay. Borton: That's the request. Thank you. Simison: Anything else? Then do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Move that we adjourn the meeting. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 10:02 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1 / 4 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 89 E IDIAN;--- AGENDA ITEM Public Forum - Future Meeting Topics The Public are invited to sign up in advance of the meeting at www.meridiancity.org/forum to address elected officials regarding topics of general interest or concern of public matters. Comments specific to an active land use/development applications are not permitted during this time. By law, no decisions can be made on topics presented at the Public Forum. However, City Counicl may request the topic be added to a future meeting agenda for further discussion or action. The Mayor may also direct staff to provide followup assistance regarding the matter. CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN - IN SHEET Date : December 14, 2021 Please sign in below if you wish to address the Mayor and City Council and provide a brief description of your topic . Please observe the following rules of the Public Forum : • DO NOT : o Discuss active applications or proposals pending before Planning and Zoning or City Council o Complain about city staff, individuals , business or private matters • DO o When it is your turn to speak, state your name and address first o Observe a 3 - minute time limit ( you may be interrupted if your topic is deemed inappropriate for this forum ) Name ( please print ) Brief Description of Discussion Topic 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing and Reading of Ordinance No. 21-1958: An Ordinance of the City Council of the City of Meridian, Idaho, Approving the Urban Renewal Plan for the Linder 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; Providing for Waiver of the Reading Rules; and Providing an Effective Date Page 4 PUBLIC HEARING SIGN IN SHEET DATE : December 14, 2021 ITEM # ON AGENDA : 1 PROJECT NAME : Ordinance No . 214958 Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Item#1. C� fIEN DIA] :,, DAHO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Victoria Cleary, Community Development Meeting Date: December 14, 2021 Presenter: Meghan Conrad, MDC Special Legal Counsel Estimated Time: 10 minutes Topic: Ordinance No. 21-1958: An Ordinance of the City Council of the City of Meridian, Idaho, Approving the Urban Renewal Plan for the Linder 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; Providing for Waiver of the Reading Rules; and Providing an Effective Date Recommended Council Action Ordinance No. 21-1958 to approve the Urban Renewal Plan for the Linder District Urban Renewal Project (the "Plan"). Following the public hearing, the Council may subsequently waive the second and third readings and pass the Ordinance. Background Early this year, Community Development Department and Urban Renewal Agency of Meridian, Idaho also known as Meridian Development Corporation ("MDC") staff began to explore strategies to encourage development in the area between Ten Mile and Linder Roads, south of Interstate 84 and north of Overland Road. This area includes parcels within City limits, as well as parcels located within unincorporated Ada County, yet within the City's Area of City Impact. While there has been interest in the area, a lack of sewer infrastructure and development requirements for local east-west transportation improvements are limiting private investment in the area. This area is located within the Ten Mile Interchange Specific Area Plan area. The following required actions and approvals have preceded this proposed ordinance approving the Linder District Plan: MDC Acceptance and Transmittal of Eligibility Report to the City May 26, 2021 Ada County Presentation June 14, 2021 ACHD Presentation August 11, 2021 Obtain Agricultural Operation Consents/Meet&Confer On or before September 30, 2021 with Property Owners and Stakeholders Ada County Acceptance of Eligibility Report September 30, 2021 City Council Acceptance of Eligibility Report October 5, 2021 Page 5 Item#1. MDC Approval of Linder District Urban Renewal Plan October 27, 2021 Planning and Zoning Commission Confirmation of Conformance of November 4, 2021 Linder District Urban Renewal Plan with City Comprehensive Plan Plan Transmitted to the Overlapping Taxing Districts On or before November 12, 2021 Publication of the Notice of Hearing in the Idaho Press November 12 and 26, 2021 Ada County Adoption of the Transfer of Powers Ordinance and December 7, 2021 Approval of Intergovernmental Agreement ACHD Approval of Agreement Pursuant to Idaho Code 50-2908 December 8, 2021 Alignment with City Initiatives This is one of the few remaining undeveloped areas of significant size within the City's Area of City Impact that can accommodate substantial future employment supporting family-wage jobs. The proposed Linder District addresses several goals and strategies identified in three of the six Focus Areas in the Citywide Strategic Plan: Focus Area Goal Strategy Utilize impact fees, cooperative Utilize urban renewal districts for Responsible agreements, urban renewal districts and redevelopment and infrastructure needs in Growth other tools to ensure that development the community. pays its proportionate share of service impacts. Advance construction of transportation Utilize City funds and partnership to Transportation & projects on priority arterial roadways to advance construction of identified priority Infrastructure reduce commute times and improve road projects. efficient movement within and about Meridian. Support business development that Work with the development community to increases the number of family wage jobs facilitate the creation of to allow employees to live and work in business/industrial/research parks. Business & Meridian. Economic Vitality Utilize urban renewal areas and specific Create targeted urban renewal areas to area plans to promote business spur investment and needed infrastructure investment in targeted areas to meet improvements. community needs. The Plan &District Improvements This urban renewal effort is strategic and intentional, limited in size and scope, restricted to three transportation and utility improvements. The Linder District is approximately 188.6 acres (including rights-of-way), encompassing 17 parcels owned by seven private entities and one parcel owned by the City. 2 Page 6 Item#1. Linder District `�ntl c III �p�'I ®A—rem—j—Frcp.dD fricfi 8p.FFF11 i '� •' Q E W VRo !f 3 oT1�me� — VJJ aly limilz Ten:Mile Road ..-■-.-.-.a■ - Overlanid- neri Planned Public Improvements NAYIGAiDR-= III I ! I t J I 1 I J YERB �.r r �a 31►4►�La� ��� ■ uF�■fi*■a.f*.l-�r•■i■ar■■ � aoOF-�QO'.:.I.I.I.Iat Ia1•1■1.1.. - �r1��pQBoQL-p�i�4d�44004o Caavo404Gao�4a4fl4 ■ y TASA ■ w — ——— — — Ia�It � In Dd W$ DUTCH FARM WOVE RLMIN'Di-RID ■ >e i+ + rk°r r OGt: F` s W TL 4 4MERICAH 0RSr FQR, LaWrrd — . Bader os Mcr IIRI)DWKC4 fmpmVerneab ©6aslirFg Urban Renewal Dhlricr Undw Road Approach Parcels r-E(W local Roadway N f1 otedS by Of—s ... Sewer filawIf ne mail-Roadway I'Wa'Lcxofinn 4T 661fitT findes Rood Badge inprovemenTswbfecIto o �o�r Fwol 4 � 3 Page 7 Item#1. Linder Overpass: In addition to the City's $2.5 million commitment, tax increment generated by private investment in the Linder District will help to accelerate the project. Tax increment funds are planned to support ACHD improvements related to construction of the south approach to the overpass bridge. The Linder overpass will improve emergency response times and alleviate congestion at the Meridian and Ten Mile interchanges, providing an alternative route for local and regional commuters, businesses and others, including West Ada School District and Republic Services, which both have facilities on Franklin Road,west of Linder Road. Sewer Installation: To-date, no single property owner or developer has been willing to under- take the necessary costs for sewer installation to accommodate development. The significant sewer extension, comprised of 8-, 10- and 12-inch lines, planned south of and parallel to I-84, is needed to serve approximately 60 percent of the developable land. Financial projections estimate that installation of sewer improvements early in the life of the Linder District will spur private investments to generate the revenue necessary to fund the identified improvements. Area Reliant on Future Sewer Service l w-OVERLAND-R0 0 m W_ Z W � H N W Z � N R IP S N Local Roadway: The City's 2007 Ten Mile Interchange Specific Area Plan calls our requirements for installation of a local roadway to provide east-west connectivity and minimize impacts to ACHD's Overland arterial. Once the qualifying public infrastructure costs for the three identified projects are reimbursed, the District will sunset. Staff anticipates this could occur well before the 20-year District lifespan permitted by State statute should private development occur as projected. 4 Page 8 Item#1. Property Owner Engagement: City staff has engaged with all seven property owners over the past six months,beginning with a certified mailing in June 2021 which included an introductory letter, a document explaining urban renewal, and the Eligibility Report. Staff has obtained consent agreements for the six parcels that have been used for agriculture operations within the past three years, as required by Idaho Code §50-2903(8)(0. Future Actions After publication of the Ordinance Summary,the City Clerk will notify the taxing districts and the State Tax Commission of the creation of the Linder District Urban Renewal Area. 5 Page 9 CITY OF MERIDIAN ORDINANCE NO. 21-1958 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN PERREAULT, STRADER AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, APPROVING THE URBAN RENEWAL PLAN FOR THE LINDER 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; PROVIDING FOR WAIVER OF THE READING RULES; 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 1 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 City Council, after notice duly published, conducted a public hearing on the (Option A) Urban Renewal Plan for the Northern Gateway District Urban Renewal Project (the "Northern Gateway District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 21- 1954 on December 7, 2021, approving the Northern Gateway District Plan, making certain findings, and establishing the Northern Gateway District revenue allocation area, which included a portion of the parcels deannexed pursuant to the Second Amendment to the Downtown District Plan (the "Northern Gateway District Project Area"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Urban Renewal Plan for the Union District Urban Renewal Project (the "First Amendment to the Union District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 21- 1956 on December 7, 2021, approving the First Amendment to the Union District Plan, making certain findings, and annexing 1.461 acres into the existing Union District revenue allocation area, which included a portion of the parcels deannexed pursuant to the Second Amendment to the Downtown District Plan(the"First Amendment to the Union District Project Area"); WHEREAS, the Existing Downtown District Plan, the Ten Mile Plan, the Union District Plan, as amended by the First Amendment to the Union District Plan, and the Northern Gateway 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, 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 Page 2 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 Section 50-2008(g), Idaho Code; and (b) shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions; WHEREAS, Idaho Code Section 50-2906, also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan is a deteriorated area or deteriorating area; WHEREAS, based on inquiries and information presented by certain public entities, certain interested parties and property owners, the City and MDC commenced certain discussions concerning examination of an area, a portion of which was located within the City, and a portion of which was located within the City's area of operation within unincorporated Ada County, 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 project; WHEREAS, in 2021, MDC authorized Kushlan I Associates to commence an eligibility study and preparation of an eligibility report for an area approximately 195 acres in size, including rights-of-way, and referred to as the Linder District Study Area ("Study Area"). The Study Area is generally bounded by Ten Mile Road on the west, Interstate 84 on the north, Overland Road on the south, and what would be an unimproved section of Linder Road on the east. Additionally, the Study Area includes three (3) parcels located west of Linder Road and north of I-84. All properties are included within the boundaries of the Ten Mile Interchange Specific Area Plan; WHEREAS, MDC obtained an eligibility report entitled Linder 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. age or obsolescence; b. the predominance of defective or inadequate street layout; and C. faulty lot layout in relation to size, adequacy, accessibility, or usefulness; obsolete platting; Page 3 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); 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, to the extent the Study Area is considered "predominantly" open, 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 May 26, 2021, adopted Resolution No. 21-024, 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 MDC Board also authorized the transmittal of the Report to the Ada County Board of County Commissioners for purposes of obtaining a resolution determining such areas outside the boundaries of the incorporated City and within unincorporated Ada County to be deteriorated and/or deteriorating and finding the need for an urban renewal project for the proposed Study Area; 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 and a deteriorated area shall not apply to any agricultural operation as defined in Section 22-4502(2), Idaho Code, absent the consent of the owner of the agricultural operation except for an agricultural operation that has not been used for three (3) consecutive years; WHEREAS, the Study Area includes parcels subject to such consent; 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, a portion of the Study Area included certain real property located outside the City limits, but with the City's area of operation within unincorporated Ada County; Page 4 WHEREAS, MDC submitted true and correct copies of MDC Resolution No. 21-024 and the Report to the Ada County Board of County Commissioners, and the Commissioners were asked to adopt a resolution finding the need for an urban renewal project for the proposed Study Area; WHEREAS, on June 14, 2021, representatives of the City and MDC presented the Report to the Ada County Commissioners requesting the Commissioners to consider adopting the findings concerning the Study Area; WHEREAS, the Commissioners did not take action at that time, and the City and MDC were directed to obtain the agricultural operation consents from the property owners located within unincorporated Ada County, which consents for agricultural operations were obtained from the property owners south of Interstate 84; WHEREAS, following transmittal to the Ada County Board of County Commissioners, and based on ongoing discussions, it appeared the proposed project area would be smaller than the Study Area. Specifically, the parcels located north of Interstate 84 and west of Linder Road were included within the Study Area boundary; however, those parcels would not be included in any proposed urban renewal plan or project area boundary; WHEREAS, additional information was transmitted to the Ada County Board of County Commissioners' staff as requested; WHEREAS, the Ada County Board of County Commissioners adopted MDC's findings concerning the proposed Study Area by adopting Resolution No. 2676 on September 30, 2021, and further limited the unincorporated Ada County parcels to be included in any proposed Linder District project area to those certain parcels south of Interstate 84; WHEREAS, the City Council on October 5, 2021, adopted Resolution No. 21-2289, and 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, that the Ada County Board of County Commissioners directed the parcels north of Interstate 84 and west of Linder Road should not be included in any proposed Linder District revenue allocation area, and directed MDC to commence preparation of an urban renewal plan for the area designated; 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, the City, MDC and its consultants embarked on the planning of an urban renewal project referred to as the Urban Renewal Plan for the Linder District Urban Renewal Project (the "Linder District Plan") to develop and/or redevelop a portion of the City, as well as an area within unincorporated Ada County adjacent and contiguous to the City, that is intended to be annexed into the City prior to development, pursuant to the Law and the Act, as amended; WHEREAS, the Linder District Plan proposes to create an urban renewal and revenue allocation area commonly known as the Linder District Project Area , which area is shown on the "Boundary Map of Linder District Urban Renewal Project Area and Revenue Allocation Area" and Page 5 described in the "Legal Description of Linder District Urban Renewal Project Area and Revenue Allocation Area," which are attached to the Linder District Plan as Attachments 1 and 2 respectively; WHEREAS, the area included in the Linder District Project Area is smaller than the area assessed in the Report; WHEREAS, the Act authorizes MDC to adopt revenue allocation financing provisions as part of an urban renewal plan; WHEREAS, the Linder 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 Linder District Project Area at several meetings during 2021; WHEREAS, the MDC Board considered all comment and information submitted to the Agency during several earlier Board meetings throughout 2021, in addition to the establishment of the Linder overpass task force and City staff s efforts to meet with property owners, taxing districts, and other stakeholders, in order to promote input into the Linder District Plan; WHEREAS, on October 27, 2021, the MDC Board passed Resolution No. 21-053 proposing and recommending the approval of the Linder District Plan; WHEREAS, the Agency submitted the Linder 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 Linder 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 November 4, 2021, the Meridian Planning and Zoning Commission considered the Linder District Plan and found by P & Z Resolution No 21-07 that the Linder 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 Linder District Plan was caused to be published by the Meridian City Clerk in the Idaho Press on November 12 and 26, 2021, a copy of said notice is attached hereto as Exhibit 2; WHEREAS, as of November 12, 2021, the Linder 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, that an administration of a revenue allocation financing provision extending beyond the municipal boundary of the City has been negotiated with the Ada County Board of County Commissioners, specifically the Intergovernmental Agreement for Roles and Page 6 Responsibilities Under Idaho Code Section 50-2906(3)(b) ("Agreement") and that the Agreement has been formalized by a transfer of power ordinance adopted by the Ada County board of County Commissioners. A copy of the transfer of power ordinance, Ada County Ordinance No. 932, is attached hereto as Exhibit 5; WHEREAS, the City Council has approved or will approve the Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code Section 50-3906(3)(b) with Ada County by adopting Resolution No. 932. A copy of City Council Resolution No. 21-2299 is attached hereto as Exhibit 6. WHEREAS, the City Council during its regular meeting of December 14, 2021, held such public hearing on the Linder District Plan as noticed; WHEREAS, as required by Idaho Code sections 50-2905 and 50-2906, the Linder 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 December 14, 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 Linder 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 Linder 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 Linder District Plan and to adopt, as part of the Linder District Plan, revenue allocation financing provisions that will help finance urban renewal projects to be completed in accordance with the Linder 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 Page 7 public improvements; encourage taxing districts to cooperate in the allocation of future tax revenues arising in the Linder 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 Linder 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 Linder 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 Linder District Project Area; WHEREAS, ACHD also has the opportunity to provide comments on the proposed Linder District Plan; Page 8 WHEREAS, the Agency obtained written consent concerning certain property owners within the Linder District Project Area, which may have been deemed an agricultural operation, as stated above. A true and correct copy of the agricultural operation consents are included as Attachment 6 to the Linder District Plan; WHEREAS, the base assessment roll of the Linder 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 Linder District Plan; WHEREAS, the City Council at its regular meeting held on December 14, 2021, considered the Linder 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 Linder District Project Area as defined in the Linder 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 Linder 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 Linder District Plan conforms to the City of Meridian Comprehensive Plan as a whole. (e) The Linder 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 commercial and industrial components of the Plan and the need for public improvements to support the goals of the mixed employment area as set forth in the Ten Mile Specific Area Plan), 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 Linder District Plan. (f) The Linder 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. Page 9 (g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the Linder District Plan provides a feasible method for relocation obligations of any displaced families residing within the Linder District Project Area. (h) The collective base assessment rolls for the revenue allocation areas under the Existing Project Areas and the Linder District Project Area, do not exceed ten percent (10%) of the assessed values of all the taxable property in the City. (i) The Linder District Plan includes the requirements set forth in Idaho Code § 50-2905 with specificity. (j) The Linder 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 include agricultural operations for which the Agency has received written consent, or which have not been used for agricultural purposes for three (3) consecutive years. (1) The portion of the Linder 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 Linder 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. SECTION 2: The City Council finds that the Linder District Project Area has a substantial portion of open land, that the Agency may acquire any open land within the Linder District Project Area, and that the Linder District Project Area is planned to be redeveloped in a manner that may primarily include nonresidential uses, with some opportunity for limited residential uses. Provided, however, the City Council finds that for the portions of the Linder District Project Area deemed to be "open land," the criteria set forth in the Law and Act have been met. Page 10 SECTION 3: The City Council finds that one of the Linder 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 Linder 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 Linder 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 December 14, 2021, hearing and incorporate changes or modifications, if any. SECTION 5: As required by Idaho Code §§ 50-2906(3)(b) and 50-2907(2), and as further defined above, the Ada County Board of County Commissioners and the City have entered into, or will enter into an Agreement on administration of a revenue allocation financing provision extending beyond the municipal boundary of the City and Agreement has been formalized by a transfer of power ordinance adopted by the Ada County Board of Commissioners in Ada County Ordinance No. 932 (attached hereto as Exhibit 5), and by City Council Resolution No. 21-2299 (attached hereto as Exhibit 6). SECTION 6: The boundaries of the Linder 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 7: The City Council declares that nothing within the Linder 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 8: No direct or collateral action challenging the Linder 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 9: 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, Pest Extermination District, and Meridian Fire District and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of Page I I the Revenue Allocation Area, and a map indicating the boundaries of the Linder District Project Area. SECTION 10: The City Council hereby finds and declares that the Revenue Allocation Area as defined in the Linder District Plan, the equalized assessed valuation of which the City Council hereby determines is in and is part of the Linder District Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Linder District Plan. SECTION 11: 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 Linder District Plan, the City Council recognizes that it has no power to control the powers or operations of the Agency. SECTION 12: 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 13: 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 14: 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 15: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 16: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 17: Savings Clause. This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. SECTION 18: That pursuant to the affirmative vote of one-half(1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this 14th day of December 2021. Page 12 Item#1. APPROVED by the Mayor of the City of Meridian, Idaho, this'14th day of December 2021. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk Pagc 13 Page 22 Item#1. Exhibit I A Resolution of the Planning and Zoning Commission for the City of Meridian, Idaho, Validating Conformity of the Urban Renewal Plan for the Linder District Urban Renewal Project with the City of Meridian's Comprehensive Plan Page 23 Item#1. PZ-21-07 CITY OF MERIDIAN BY THE PLANNING AND ZONING COMMISSION A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF MERIDIAN,IDAHO,VALIDATING CONFORMITY OF THE URBAN RENEWAL PLAN FOR THE LINDER DISTRICT URBAN RENEWAL PROJECT WITH THE CITY OF MERIDIAN'S COMPREHENSIVE PLAN WHEREAS, the Urban Renewal Agency of the City of Meridian (the "City"), Idaho, also known as Meridian Development Corporation (hereinafter"MDC"), the duly constituted and authorized urban renewal agency of the City, has submitted the proposed Urban Renewal Plan for the Linder District Urban Renewal Project (the "Linder District Plan")to the City; and WHEREAS, the Mayor and Meridian City Council referred the Linder District Plan to the City Planning and Zoning Commission for review and recommendations concerning the conformity of said Linder District Plan with the City's Comprehensive Plan, as amended(the "Comprehensive Plan"); and WHEREAS, on November 4, 2021, the City Planning and Zoning Commission met to consider whether the Linder 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 Linder District Plan in view of the Comprehensive Plan; and WHEREAS, the City Planning and Zoning Commission has determined that the Linder 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 Linder 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 October 26, 2021, outlining the analysis supporting the determination that the Linder 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 Linder District Plan. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Page 24 PZ-21-07 ADOPTED by the Planning and Zoning Commission of the City of Meridian, Idaho, this 4th day of November 2021. APPROVED: ATTEST: Chair, Planning and Zoning Commission City Clerk By By Adrienne Weatherly, Deputy Clerk 4866-4420-0704,v. 1 Item#1. Mayor Robert E. Simison El E IDIAN A City Council Members: Treg Bernt Brad Hoagiun Joe Borton Jessica Perreault Luke Cavener Liz Strader October 26, 2021 MEMORANDUM TO: Mayor Robert Simison Meridian City Council Meridian Planning &Zoning Commission CC: David Miles, Chief of Staff Cameron Arial, Community Development Director Victoria Cleary, Economic Development Administrator Caleb Hood, Planning Division Manager FROM: Brian McClure, Comprehensive Associate Planner RE: Urban Renewal Plan for the Linder District Urban Renewal Project This memo is intended to provide Comprehensive Plan related analysis for the proposed Urban Renewal Plan for the Linder District Urban Renewal Project(Linder District). The Linder District operates within the framework provided by State statute related to general Urban Renewal, and is intended to spur private investment and development enabling further implementation of the City's adopted Comprehensive Plan and Ten Mile Interchange Specific Area Plan(Ten Mile SAP). The implementation strategies and goals of the Linder District,which are well defined, describe projects and activities aimed 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 and employment opportunities in the Project Area, while recognizing the importance of high design as set forth in the Ten Mile SAP." The three primary projects described include: support developing the Linder Overpass Project; support developing the Local Road Project; and support developing the Sewer-Main Project. The Linder District also includes several other activities, some of which-include: support developing other infrastructure, such as stormwater; supporting Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 page 2s Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Item#1. public-private-partnerships; site demolition and cleanup including addressing environmental quality; and other financial assistance for business. All of the described projects are intended to directly implement the Ten Mile SAP. None of the other listed activities are inconsistent with the Comprehensive Plan, and all of them may help to achieve the desired vision with future activities and development within the district boundaries. Recommendation Based on the outlined activities in the Linder District, Staff believes establishing an Urban Renewal District Plan in this area of town may be an effective tool in implementing the City of Meridian Comprehensive Plan and Ten Mile Interchange SAP. Accordingly, Staff recommends that the Commission move to approve the associated Resolution identifying the proposed Linder District as conforming to the City of Meridian's Comprehensive Plan. General Comprehensive Plan Analysis While the Linder District is limited in scope outside of the three projects, the following text describes general applicable policies that should be considered with future activities and development of the urban renewal district area. This analysis is in consideration of future needs, concerns, and activities, and how the Linder District may fit within this context, but not of the proposed plan itself. Application of the City's Comprehensive Plan(Comp Plan)to the proposed district area(see Attachment A) is very relevant. Most every major theme (chapter) in the Comp Plan ranging from economic development and land use to transportation contain policies that are directly applicable. Additionally, the Comp Plan adopts other documents by reference, for inclusion in consideration of land use decisions and to direct staff activities. The future land use designations,policies, and Ten Mile SAP adopted by reference in the Comprehensive Plan, should be considered with all future Urban Renewal Agency, City of Meridian, and private development activity whenever applicable. The following analysis describes the associated text, policies, and referenced plans. Note: The Ten Mile SAP has its own future land use designations; see the General Ten Mile Interchange Analysis section for those descriptions. Plan Text General Compliance: With the Linder District entirely integrated within the existing boundaries of a specific area plan, expectations are clearly described. Aside from being listed as adopted by reference in the beginning of the Comprehensive Plan, the primary text referencing the Ten Mile SAP is in the Evolving section(Chapter 3). This section of text states, The City developed a specific plan for approximately 2,800 acres bordered(roughly) by Linder Road to the east;McDermott Road to the west: the Union Pacific Railroad line to the north and % mile south of Overland Road on the south. The specific area plan is an 2 Page 27 Item#1. addendum to this Comprehensive Plan and places an emphasis on a mix of uses, both residential and commercial; new employment areas; higher density residential; a planned collector road network and design guidelines. The Linder District indicates a strong correlation to the Ten Mile SAP in the Introduction section, and which states, In this case,pursuant to the Ten Mile SAP, and the City's Future Land Use Map, development within the Project Area will be focused on a diverse employment center, including office, research facilities and light industrial opportunities, which can include start-ups to regional/national enterprises. A portion of the Project Area contemplates mixed- use commercial, which focuses on increased commercial and employment, and some residential uses. All intended development scenarios will focus on transportation connectivity for all types of users (vehicle traffic,pedestrian and bicycle uses), as well as ensuring open space amenities, such as pathways,plazas, and other urban amenities that will fit into the overall area designs and support a strong employment base. Plan Policies The following text relates to the policies found throughout the major themes in the Comprehensive Plan(Chapters 2 through 6). Additional context for these policies can be found in the Related Policies section(see Attachment B),which includes parent Goals and Objectives, for the referenced policies. The first number of a policy ID references the Chapter. • 2.06.02B, Pursue public-private partnerships and economic development grants that bring additional job opportunities to the community. The Linder District will provide an additional funding mechanism which may be used in public private partnerships, and for the specific purpose of furthering the Ten Mile SAP vision. Not just development that increases the tax levy, but local jobs paying family-wages that further the local economy long-after entitlements are gained and a new building is constructed. • 2.09.03B, Promote Ten Mile, Downtown, and The Village as centers of activity and growth. The Linder District seeks to encourage development of the Ten Mile area by addressing infrastructure deficiencies in support of employment opportunities needed for the local and citywide job base. • 3.03.03G, Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks, water and sewer utilities. The City has land use authority over the project area and urban infrastructure will be required with all redevelopment. Further, the Linder District calls out specific implementation projects to support new development with local and regional improvements that are needed to support community benefit. An overpass will enhance life-safety through improved emergency response efficiencies, and greatly improve stakeholder access to 3 Page 28 Item#1. ■ services and jobs. Local roadway and utility infrastructure improvements will increase opportunities for new jobs and services. • 4.05.01E, Assess environmental impact of potential new development, infill, and redevelopment. The Linder District includes addressing environmental quality and remediation as participating activities. Outside of floodplain impacts however, which do not exist in the project area, the City does not have much in the way of requirements towards this end. • 6.01.021), Consider needed sidewalk, pathway, landscaping, and lighting improvements with all land use decisions. The City has land use authority over the project area and redevelopment will be required to provide infrastructure. The Linder District specifically references all of these elements as projects for implementation. Referenced Plans The following plans are adopted by reference in the City of Meridian Comprehensive Plan, and are relevant material to the proposed Gateway Plan. • Ten Mile Interchange Specific Area Plan This was the City s first and only specific area plan. Where Destination Downtown and other subarea plans have stayed within the realm of vision, or worked exclusively within the realm of existing land uses and other citywide standards, the Ten Mile SAP addresses local context both through land use and transportation. The plan has a number of vision and goal statements, but what perhaps describes the reason for the plan, is its statement on The Use of a Limited Resource. This states, ...the Ten Mile Interchange Area has a number of unique and highly desirable attributes that make the land in the area a key resource for the City of Meridian's future. Meridian has one area left within its Area of Impact with the access and visibility this area offers. The area is a key to Meridian's long term prosperity. Meridian is the next community in the Treasure Valley to run out of land for future development. Hemmed in by Boise and Garden City to the east and northeast, Eagle to the north, Nampa to the west, and Kuna to the south, Meridian has a limited land base with which to secure its future. Another guiding element of the Ten Mile SAP, the mission,provides the following context, In the Ten Mile Interchange Area, the mission is to create a place that will add to the long-term economic stability of the City of Meridian, not just respond to immediate market forces and trends. To achieve the economic development vision for Meridian as a place that is "Built for Business and Designed for Living," the Ten Mile Interchange Specific Area Plan promotes a complete and integrated mix of uses that will create a place where people can live, work and raise a family. The Ten Mile SAP represents the integration of transportation and land use through a framework defined by location. Freeway visibility creates new opportunities for long-term economic resiliency through a diversity of employment opportunities, and that is purposefully 4 Page 29 Item#1. considerate of jobs-housing, accessibility, and the intentional buildout of commensurate land uses. • Ada County Highway District Master Street Map The ACHD Master Street Map (MSM) is a key element of implementing the Ten Mile SAP. This MSM is part of a broader Transportation and Land Use Integration Plan, and which succinctly summarizes a core tenant of the Ten Mile SAP. Jobs and housing balance, mix, transition, and access are critical in preserving quality of life and ensuring opportunities for economic development. The wrong use or the right use in the wrong location could undermine this effort. The MSM has been updated to include all arterial and collector roadways shown in the Ten Mile SAP, including references and support for identified cross- section and intersection treatments. All of these plans are available on the City's Comprehensive Plan website at: https:Hmeridiancity.org//plannin /g compplan/resources. General Ten Mile Interchange SAP Analysis Future Land Use Mixed Employment, which states: The purpose of the Mixed Employment areas is to encourage a diversity of compatible land uses that may include a mixture of office, research and specialized employment areas, light industrial including manufacturing and assembly, and other miscellaneous uses. These areas generally do not include retail and consumer service uses serving the wider community. However, a small amount of retail and service establishments,primarily serving employees and users of the Mixed Employment areas or nearby industrial areas, are allowed. Such retail would be the exception and not the rule. Mixed Employment areas should provide a variety of flexible sites for small, local or start-up businesses, as well as sites for large national or regional enterprises. Mixed Employment areas should be designed to encourage multimodal travel and convenient circulation to supporting uses located within the area. This would include multiple access points to help disperse traffic, and a complete system of streets, sidewalks and pedestrian and bicycle paths 5 Page 30 Item#1. to provide circulation within the area and connections to the surrounding roadway, pedestrian and trail systems. Mixed Employment areas should be designed as lower density suburban-style developments. Design and development standards are recommended that would help to make developments more attractive, engaging and accessible places. While there are no fixed limits on size of establishment or development intensity in Mixed Employment areas, it is anticipated that buildings will range in height from 1-4 stories, have total floor areas of 10,000-1,000,000 square feet, and that FAR will exceed.75. Land Use Types in Mixed Employment Areas • Corporate and business offices • Research facilities and laboratories • Light Industrial uses including manufacturing and assembly • Occasional, complementary uses which focus on serving area employees and users, such as business services, child care, and convenience retail The bulk of the future land use designation for the Linder District is Mixed Employment. This is a hybrid designation intended primarily to support the local job base. The designation usually functions as a transitional land use nearer to residential, and separating other more intense employment areas that are incompatible with local residential uses. The local roadway network is essential in distributing traffic away from arterial roadways. In the context of the Linder District, uses should seek to maximize freeway visibility by realizing increased FAR and higher job to acre ratios. The purpose is in providing for employment opportunities near to significant residential developments, and to limit trip generation and distance. The employment focus is on the creation of goods and ideas, and those jobs that pay a higher wage to more people. Mixed Use Commercial, which states: The purpose of the Mixed Use Commercial designation is to encourage the development of a mixture of office, retail, recreational, employment, and other miscellaneous uses, with supporting multifamily or single family attached residential uses. While the focus of these areas is on commercial and employment uses, the horizontal and vertical integration of residential uses is essential to securing entitlements. As with all mixed use areas, this designation requires developments to integrate the three major use categories—residential, commercial, and employment. In Mixed Use Commercial areas three or more significant uses also tend to be larger scale projects. This designation is intended to provide flexibility and encourage developers to build innovative projects. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. The goal in these areas is to achieve a FAR of 1.00- 1.25 or more. Development within these areas exhibit quality building and site design and an attractive pedestrian environment with a strong street character. The mix of residential uses may be achieved vertically within buildings; however, some horizontal mixes may be allowed. Where existing parcel sizes are small, development plans should be prepared in collaboration with the adjacent property owners in order to establish an integrated mixed use project across Page 31 Item#1. several parcels. This land use designation calls for an overall target density of 8-12 dwelling units per acre, with higher densities allowed on individual projects. No more than 30 percent of the ground level development within the Mixed Use Commercial designation should be used for residences. There is very little mixed use commercial within the project area. Most of this designation within the Ten Mile SAP falls to the south, or north across I-84 and Ten Mile Road. As stated, the focus of Mixed Use Commercial is commercial and employment uses, but some supporting residential is allowed. The previously entitled land(application H-2021-0014)within the Linder District, on the north-west corner of Linder and Overland, includes an employment area with supporting commercial uses. This project incorporates a north-south public street connection across Overland at Spanish Sun Way, and then heading west which will eventually connect into Tasa Drive. Transportation The transportation element of the Ten Mile SAP is essential. The interconnectivity and balance of residential and employment uses is critical to the proposed street network presented. Within the Linder District, Tasa Drive is expected to be connected on the west near the roundabout at Jersey Way, and east towards a planned northward extension of Spanish Sun Way(see Attachment Q. This will limit impacts to Overland Road, by providing safe and consistent access to future development in the area. The exact alignment of this road may vary, but the beginning and ending points have already been set. The Linder District identifies this local roadway as a project that tax increment financing could support. Complete streets are also important to the Ten Mile SAP,with sidewalk, bike lanes (or equivalent), refuge medians, and other landscape and street furnishings being required. Building Form and Character The Ten Mile SAP identifies what is the equivalent of a blend between traditional zoning and form based code, as the basis for development and building development. The City's Architectural Standards Manual is the presiding document for design review, but entitlements should consider and set the stage for future design review activities within development agreements. Consideration for floor area ratio (FAR), building form, and described design principles such as "Base, Body, and Top" should not be forgotten. 7 Page 32 Item#1. Attachment A: Linder District (Urban Renewal District) I VERB.EN;q ' f NAV@GATOR - - _ VERBENA— A C VER%T .0.N ■ -TASA ■ \oAVIS Q� DUTCH FARM` ■ Iz tO-V'E R LA N'DFRID F R100" SLY+ l z SysGy yZj s 40� Future Land Uses ✓� R�, 1 Low Density Residential WO Medium Density Residential C Med-High Density Residential o o High Density Resideniial - ` z Y_piD G�� ®Commercial Legend N Industrial y��Linder District Civic ® i Mixed Use Neighborhood Existing Urban Renewal District ® 0 gtiti nv High Density Employment Parcels O% ;, Mixed Employment 0 250 500 1,000 - - - Z z Feet ��a 4 Gr Mixed Use Commercial � Page 33 Item#1. Attachment B: Related Policies The policies below are from the City of Meridian Comprehensive Plan. For policy type: G= Goal; O= Objective, and A=Action. Goals and Objectives are shown with referenced actions for additional context, along with a referenced section. ID Policy Policy Section Type 2.06.00 G Enhance Meridian's economic vitality and position in the local and regional Economic economy. Excellence 2.06.02 O Support economic opportunities for a community with diverse income levels. Economic Excellence 2.06.02E A Pursue public-private partnerships and economic development grants that Economic bring additional job opportunities to the community. Excellence 2.09.00 G Create positive,vibrant,and accessible commercial activity centers within Economic the community. Excellence 2.09.03 O Cultivate unique and diverse destination-type activities within Meridian's Economic centers. Excellence 2.09.038 A Promote Ten Mile,Downtown,and The Village as centers of activity and Economic growth. Excellence 3.03.00 G Direct and prioritize development in strategic areas and in accordance with Growth and corridor and special area plans. Population 3.03.01 O Plan for an appropriate land use mix,recreational and civic facilities,and Growth and phased service extension within specific area plans and urban renewal Population districts. 3.03.03G A Require urban infrastructure be provided for all new developments,including Growth and curb and gutter,sidewalks, water and sewer utilities. Population 4.05.00 G Preserve,protect,enhance,and wisely use natural resources. Stewardship 4.05.01 O Protect and enhance existing waterways,groundwater,wetlands,wildlife Stewardship habitat,air,soils,and other natural resources. 4.05.01E A Assess environmental impact of potential new development,infill,and Stewardship redevelopment. 6.01.00 G Facilitate the efficient movement of people and products to and from the Transportation City. and Streets 6.01.02 O Enhance existing transportation systems. Transportation and Streets 6.01.02D A Consider needed sidewalk,pathway,landscaping,and lighting improvements Transportation with all land use decisions. and Streets 9 Page 34 Item#1. Attachment C: Urban Renewal District Projects �I -VERBE' NAVIGATOR Q- __ ---VERBENA—�- A �SILVEP' SXl W6N- 4 Ft 1■"" G 00 }Ov00 00000000000000000 00D00000000000000 00000 0000000 000Q Q - iF—TASA 0 �m A� ptVIS DUTCH FARM - W O_V^E,R1WN11D±RD�� \ x WINpP 0 sA�� GE z � y LWi Zo`pTHOR TH� =�MERICAN_� C�gsr V! Legend El 0 Linder District URD District Improvements 0 Existing Urban Renewal District o Q Linder Road Approach 0 Parcels L/W Local Roadway N —W__ MONT-RD Projects by Others coo Sewer Mainline •••• Roadway Note:Location of district Off Linder Road Bridge improvements subject to VAL\SSA change. 0 250 500 1,000 Feel 10 Page 35 Item#1. Exhibit 2 Notice Published in the Idaho Press Page 36 4AD# ItPCYi TF 1. LEGAL NOTICE NOTICE OF REGULAR MEETING AND PUBLIC HEARING BYTHE CITY COUNCIL OFTHE CITY OF MERIDIAN,IDAHOTO CONSIDERTHE URBAN RENEWAL PLAN FOR THE LINDER DISTRICT URBAN RENEWAL PROJECT OFTHE URBAN RENEWAL AGENCY OF MERIDIAN,IDAHO,ALSO KNOWN As MERIDIAN DEVELOPMENT CORPORATION NOTICE IS HEREBY GIVEN th eat on Tu neey,December 14,2021,at 6:00 p.m.in City Council CM1ambars, Meridian City He II,33 E.Broadway Avenue,Meridian,Idaho,83642,antllo,in virtual meeting es may be no- ticed on In,CRY,websiie(w bdtbg idlanc oral,the City Council of the City of Meridian,Idaho('City)will hold,during its regular meeting,a public hearing to ocmidli for adoption the proposed Urban Renewal Plan for the Linder District Urban Renewal Roject(the"Plan'),of the Urban Renewal Agency of Meritlian,Idaho, also on.es Mendi in Development GnM.lion('Agency).The urban renewal end revenue allocation area In...d ry is coterminous and is hereinafter described.TM1e Plan proposes that the Agency undertake urban eweI projects,Including Idi ntiying P.blIC facilities for funding,pursuant to the Idaho Urban Renewal Lew of 1965,chapter 20,title 50,I1 Code,as—ended.The Plan being consideretl for adopfon contains a reve- e allocation fnancing provision pursuant to the Local Ewnomic Development Act,chapter 29,title 50,Itlaho Code,as ame as nded,then will cause property taxes resulting from any Increase In equiilced assessed valuation s of the equalized essessetl valuation as shown on the base assessment mil as of January 1,2021,fo be all -an.d to the Agency for urban renewal purposes.The Agency has adopted and recommendedproval ap of the Pl Following the public healing.the City Council will consider an ortlinance adopting the Plan. The general swpe and objectives of the Plan are: e.TM1e engineering,design,installation,construction,entl/.,rewnstmction of the so-ern approach to the Linder Overpass bridge,Including related uneetecapes,which for purposes of this Plan,the term eneetsopes include sidewalks,lighting,landscaping,benches,signage,waylintling,bike racks,public ar[,and similar ame- nities between the curb and nghtof-way line,end pedestrian both..,curb end gullet intersection improve- ments,end treRic wnirol measures; b.1.engineering,design,installaton,construction,antl/or reconstruction of the Local R..Reject,inUud- ing releted street tPus(defined above)entl Pedestrian fadlitles,orb entl gutter,intersection Improvements, end traffic control measures; c.TM1e engineering,tlesign.instillation,wnatrumion,and/or reconstruction of the Sewer Main Project,includ- ing but not limited to lift sblion and/or other such improvements related to the Sewer Mein Project; d.Th,engineering,tlesign,Installation,construction,and/or,construction of storm water management infrastructure to support compliance with fetlerel,state,and Iwal regulations for storm water dischili related to the Rojwls: a.The provision for pediclpotlon by property owners end develepere within ins Rojact Area to achlava the objecti...f this Plan end the Ten Mile Specific Area Plan(SAP); I.Th,acquisition of real propertyfor public nghtof-way improvements and underground utilities to enwurage development.ppo—iti n,consistent with be Ten Mile SAP; it,The demolition or removal of certain buildings anon improvements far public rigi and streets cape(as defined above)Improvements,petlesirian be hties,uflity undeyrounding extension end upgrades to enwurage and enhance transportation end mobility options,tlecrease underutih—parcels,to eliminate unhealthful,unsanitary,or unsafe wntlitlons,eliminati obsolete or other uses tletrimenbl to the publk welbre r otherwise to remove.,to prevent the sp.d of deteriorating or debriemted conditions; h.Thedevelopment or redevelopment of lend by private enl Plee,or pudic agencies for usesin emoulenc, wid,this Plan and the To Mile SAP; L TM1e provision of financial and other assiatinw In......ge and.erect business enterpnae including but I.limited to start-ups and nic—iM1e—,mid-si-d wmpenies end lays-stela corporations and industries; ).The povislon of financlal and other assistance to enwurage greater nesitlentlal and/or employment donslty wntimplated by the Ten Mile SAP; k.In wllebownw.with property.n,.and other stekeholdere,wonkingwiInthe City ba.end zoningregule- tions(if necessary)end esbbli.h s.—.end Runt—for the design of:he fthe Mixed Employment end Mixetl- Use Commercial uses es contemplated in the Ten MIIe SAP as needed to support Impbmentetlon 0 this Plan; I.In conjunction wish the City,the establish—M and implementation of performance criteria to assure high site tlesign mandi entl environmental quality end other design eI...Ms which provide unity and integrity .the entire Project Area eb contemplated by the Ten Mile SAP,echie✓ing high siend.Ms of derelop—M,and leveraging suU development to achieve public objectives.it efficient use of scarce resources; I.To the extent allowed by law,lend or invest federal finds to facilibte development anon redevelopment; n.Th.provision for relocation assistance no displaced Project Area—pent.,as requlretl by law,or within the discretion 0 the Agency B—for dlepleced Welnesue; I.Other related improvements 0 throe set forth above as further set forth in Attachment 5 of be Plan(the Ewnomic Feasibility Study). Any such lend uses as described in the Plan will In—conformance with zoning for Me City end th.City. Comprehensive Plan,as amended,or as may be applicable,zoning.,Me County and the Me County Com- prehensive Plan.Land made available will be developed by private enterprises or public agencies we authorized by law.The Plan identifies various public and private improvements which may be m,do within the Project Area. TM1e Urban Renewal Reject Area end Revenue All.catlon Area h—n r,f—d t.is described as bllowe: An area wnsieting of approximately 1M acres,inclusive of nghb�of�wey,entl is generally bounded by Ten MIIe Road on the west,Interstate M on the nodh,Ovarian Road on the s,Wh end what would be an unim- proved section of Linder Road on the east and as more particularly tlescribed in the Pen end tlepimed in the Map below: SKETCH TO ACCOMPANY URBAN RENEWAL D/STR/CT DESCR/P710N FOR MERIDL DE LOPMENr CORPoRAT/ON LOCATED/N THE SW 114 OF SECTION 1J,AND IN THE S 1,12 OF SECT/ON 14, AND 1N THE NW 1/4 OF SECTION 2J,ALL IN TOWNSHIP J NORTH, RANGE 1 WEST, B VSE MER/OMN, AD4 COUNTY, IOAHO Y IR �I s" 187 0 trots aeanea+ata �� '_ The urban renewal project area and revenue allocation area include certain pmpedy outside the corp note city limit of Me City.Ada County has adopietl a resolution declaring the neetl ter an urban renewal project ter, the Linder District ft of Area.The City is in the process of negotiating end will enter in.a separeti iMeyov- enbl agree with Ade County wc revenu ning ed.iniMWion of the e alteration financing prow exleunion bey.ntl the municipaluntlary boof the City entl concerning implemenation of the Plan In,those powlee outside the city limits 0 the City end within the boundaries of uninom,nued Me County wmay be requlretl by Idaho Code Section 50-2906(3)(b).The agreement with Ada County w1II be or has been formalized by A transfer of power oh in,nm adorned by Ada County. Copies of the proposed Plan ere on file for public inspection end copying M iha office of the Oily Clerk, Mend on City Hall,33 E.Broedwey Avenue,Meritlian,Id—MBQ,between the h.—of 8:00 e.m.end 5:00 p.m.,Monday through Rldi,exclusive of holidays.Costs for copying are outlined In Itlaho Cate Section 74- 102.The proposed Pon can also be accessed online At hnoeJ/bitivfi tURD.For adtlitignal assistance in oboining a copy of the Plan in the event of business office interuptions,coMecl the office of the City Clerk At 208-888-4433. At the hearing tlati,time,entl place noted above(December 14,2021,at fi:W p.mJ,all persons IM—ch, in the above ma6ers may appear and be heats.Because social distancing oMe,may be in effect At the rime of the heanng,w,itlen testimony is encouragetl.Written testimony must be submitted on least five wonting days prior to the hearing.Oral tis—,may be fined to three mines Per person.Information on assessing the eting hei will be pooled on the published agl nd.,no titer In.48 h..,prior to the meeting en M1hAn J/ aridi—iNoyl...dee Additional information—Ming previding testimony in compliance with any endal dletencht;oMe,In effect may be obtained by calling 208-8—or by,.it at citvclerk®mer dan�tvore Meridian City Hall is accessible to persons with disabilities.All information presented In the he'79 shall also be available upon a&ance request In a form usable by persons with heeding or visual impairments.Individlua1. —other disabilities may receive assistance by on—ing the City iw neYinur(24)h.uts prior to the heeling. DATED:November 5,2021. Chns Johnecn,City Clerk Norember 12,26,2UI 167504 Page 37 Item#1. Exhibit 3 Urban Renewal Plan for the Linder District Urban Renewal Project Page 38 Item#1. URBAN RENEWAL PLAN FOR THE LINDER DISTRICT URBAN RENEWAL PROJECT MERIDIAN URBAN RENEWAL AGENCY (also known as Meridian Development Corporation) CITY OF MERIDIAN, IDAHO Ordinance No. Adopted Effective Page 39 Item#1. TABLE OF CONTENTS Page 100 INTRODUCTION .............................................................................................................. 1 101 General Procedures of the Agency ......................................................................... 5 102 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........................................................... 7 104 Purpose of Activities............................................................................................... 8 105 Open Land Criteria ............................................................................................... 10 200 DESCRIPTION OF PROJECT AREA............................................................................. 11 300 PROPOSED REDEVELOPMENT ACTIONS................................................................ 11 301 General.................................................................................................................. 11 302 Urban Renewal Plan Objectives ........................................................................... 13 303 Participation Opportunities and Agreement.......................................................... 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 .............................................. 21 309.3 Development by the Agency..................................................................... 22 310 Development Plans ............................................................................................... 23 311 Participation with Others ...................................................................................... 23 312 Conforming Owners.............................................................................................. 24 400 USES PERMITTED IN THE PROJECT AREA.............................................................. 24 401 Designated Land Uses........................................................................................... 24 402 [Reserved]............................................................................................................. 24 403 Public Rights-of-Way ........................................................................................... 24 404 Interim Uses.......................................................................................................... 25 405 Development in the Project Area Subject to the Plan........................................... 25 406 Construction Shall Comply with Applicable Federal, State, and Local Laws and Ordinances and Agency Development Standards................................................. 25 407 [Reserved]............................................................................................................. 26 408 Nonconforming Uses ............................................................................................ 26 409 Design Guidelines for Development under a Disposition and Development Agreement or Owner Participation Agreement .................................................... 26 500 METHODS OF FINANCING THE PROJECT ............................................................... 27 i Page 40 Item#1. 501 General Description of the Proposed Financing Method...................................... 27 502 Revenue Allocation Financing Provisions ........................................................ 28 502.1 Economic Feasibility Study...................................................................... 29 502.2 Assumptions and Conditions/Economic Feasibility Statement................ 29 502.3 Ten Percent Limitation ............................................................................. 31 502.4 Financial Limitation.................................................................................. 31 502.5 [Reserved]................................................................................................ 33 502.6 Participation with Local Improvement Districts and/or Business Improvement Districts .............................................................................. 33 502.7 Issuance of Debt and Debt Limitation...................................................... 34 502.8 Impact on Other Taxing Districts and Levy Rate..................................... 34 503 Phasing and Other Fund Sources.......................................................................... 37 504 Lease Revenue and Bonds .................................................................................... 37 505 Membership Dues and Support of Community Economic Development ............ 38 600 ACTIONS BY THE CITY AND OTHER PUBLIC ENTITIES...................................... 38 601 Maintenance of Public Improvements .................................................................. 39 700 ENFORCEMENT............................................................................................................. 40 800 DURATION OF THIS PLAN, TERMINATION, AND ASSET REVIEW.................... 40 900 PROCEDURE FOR AMENDMENT OR MODIFICATION..........................................41 1000 SEVERABILITY.............................................................................................................. 42 1100 ANNUAL REPORT AND OTHER REPORTING REQUIREMENTS.......................... 42 1200 APPENDICES, ATTACHMENTS, EXHIBITS, TABLES ............................................. 42 ii Page 41 Item#1. Attachments Attachment 1 Boundary Map of Linder District Urban Renewal Project Area and Revenue Allocation Area Attachment 2 Legal Description of Linder 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 Consents Attachment 7 Ada County Board of County Commissioners Resolution No. 2676 (eligibility) Attachment 8 Ada County Board of County Commissioners Ordinance No. 932 (Intergovernmental Agreement and Transfer of Powers Ordinance) Attachment 9 City Council Resolution No. 21-2299 (Intergovernmental Agreement) Page 42 Item#1. 100 INTRODUCTION This is the Urban Renewal Plan(the "Plan") for the Linder District Urban Renewal Project(the "Project") in the City of Meridian (the "City"), county of Ada, state of Idaho. Attachments 1 through 9 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 Linder 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"), 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 I Page 43 Item#1. 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 Project Area includes parcels within the City limits, as well as parcels outside of the City limits and within unincorporated Ada County. Pursuant to Idaho Code Sections 50-2018(18) and 50-2906(1), the Ada County Board of County Commissioners has deemed the Project Area eligible for an urban renewal project (Attachment 7). Further, for purposes of implementing this Plan, the Ada County Board of County Commissioners entered into an intergovernmental agreement and adopted a transfer of powers ordinance (Attachment 8). The City and County intend for the Project Area to be fully annexed into the City prior to or simultaneous with development of the Project Area. 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 and supports the design and planning goals set forth in the Ten Mile Interchange Specific Area Plan: A Strategy to Enhance Meridian's Prosperity, adopted June 2007 (the "Ten Mile SAP"), which is a vision plan for the long-term future of the development of the area in and around the Ten Mile Interchange,which seeks to become a mixed-use employment and commercial center. As one of the last open land areas to support the development goals of the City, particular attention will be paid to proposed developments within the Project Area to confirm such projects are meeting the City's overall goals set forth in the Ten Mile SAP. 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 1 As the Project Area will ultimately be annexed into the City prior to development,the City's Comprehensive Plan will guide development as addressed in the intergovernmental agreement between the City and the County. 2 Page 44 Item#1. 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 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. In this case,pursuant to the Ten Mile SAP, and the City's Future Land Use Map, development within the Project Area will be focused on a diverse employment center, including office, research facilities and light industrial opportunities, which can include start-ups to regional/national enterprises. A portion of the Project Area contemplates mixed-use commercial, which focuses on increased commercial and employment, and some residential uses. All intended development scenarios will focus on transportation connectivity for all types of users (vehicle traffic,pedestrian and bicycle uses), as well as ensuring open space amenities, such as pathways, plazas, and other urban amenities that will fit into the overall area designs and support a strong employment base. The purpose of the Law and Act will be attained through the implementation of the Plan. The master goals of this Plan are: a. To support the planning, design, and construction of a new Linder overpass site, focusing on the funding participation with the Ada County Highway District and others on the southern approach to the overpass bridge; b. The installation and construction of a new local roadway to provide additional east-west connectivity north of Overland Road, which would minimize impacts to Overland Road between S. Linder Road and S. Ten Mile Road, and related intersection improvements, including the installation of traffic control measures, 3 Page 45 Item#1. including traffic signals; installation of curbs, gutters and streetscapes,which for purposes of this Plan, the term"streetscapes" includes sidewalks, lighting, landscaping, benches,bike racks, wayfinding, public art and similar amenities between the curb and right of way line; and installation of storm drainage facilities; C. The installation and construction of a new sewer main extension proposed to be located south of and parallel to Interstate 84, which is necessary to serve more than sixty (60%)percent of the Project Area. Installation of this public infrastructure would allow the Project Area to develop consistent with the Ten Mile SAP and the Future Land Use Map; d. 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 to incent new mixed-use employment and commercial centers as identified in the Ten Mile SAP and the Future Land Use Map; e. The strengthening of the economic base of the Project Area and the community by the installation of needed public improvements to stimulate new private development providing for economic growth through diverse, resilient, regionally supportive, enhanced employment opportunities; f. The provision of adequate land for open space, plazas, and pedestrian rights-of- way, to promote the goals set forth in the Ten Mile SAP; g. 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 achieving high standards of development, and leveraging such development to achieve public objectives as set forth in the Ten Mile SAP and efficient use of scarce resources; h. 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; i. The acquisition of real property as may be necessary consistent with the Law and Act to support right-of-way and utility improvements, particularly, the southern approach to the proposed Linder overpass bridge; and j. The funding of necessary public infrastructure to accommodate both public and private development. 4 Page 46 Item#1. 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. 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 §§ 67-450B, 67-1076, 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. The Agency is also governed by its bylaws as authorized by the Law and adopted by the Agency. 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 § 50-2903A. 102 Procedures Necessary to Meet State and Local Requirements: Conformance with Idaho Code Sections 50-2008 and 50-2906 Idaho law requires that the City Council,by resolution, must determine a geographic area be a deteriorated area or a deteriorating area, or a combination thereof, and designate such area as appropriate for an urban renewal project prior to preparation of an urban renewal plan. A consultant was retained to study a proposed project area(the "Study Area") and prepare an eligibility report. The Study Area included parcels located within the City limits as well as outside the boundaries of the City and within unincorporated Ada County. The Linder Urban Renewal District(Proposed) Eligibility Report, dated May 2021 (the "Report"),was submitted to the Agency. The Agency accepted the Report by Agency Resolution No. 21-024 on May 26, 2021, and thereafter submitted the Report to the Ada County Board of County Commissioners and the City Council for their consideration. As properties within the Study Area included parcels that were within the City limits as well as outside the boundaries of the City and within unincorporated Ada County, and in accordance with Idaho Code § 50-2018(18), the Ada County Board of County Commissioners considered adoption of a resolution finding the Study Area to be a deteriorated area and/or deteriorating area and finding a need for the urban renewal plan. On June 14, 2021, representatives of the City and the Agency presented the Report to the Ada County Board of County Commissioners. The Commissioners did not take action at that time, and the Agency was directed to obtain the agricultural operation consents from the property owners located within unincorporated Ada County prior to the Commissioners considering the adoption of a resolution. 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 5 Page 47 Item#1. 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. Following transmittal of the Report to the Ada County Board of County Commissioners and the presentation of the Report, and based on ongoing discussions, it was determined the proposed Project Area would be smaller than the Study Area. Specifically, the parcels located north of Interstate 84 and west of Linder Road included within the Study Area boundary would not ultimately be included in any proposed urban renewal plan or project area boundary. The necessary agricultural operation consents (attached hereto as Attachment 6), together with additional information concerning any proposed future project area boundary adjustments, was transmitted to the Ada County Board of County Commissioners to support consideration of the necessary resolution pursuant to Idaho Code § 50-2018(18). The Ada County Board of County Commissioners adopted the Agency's findings concerning the proposed Study Area by adopting Resolution No. 2676 on September 30, 2021. A copy of Resolution No. 2676 is attached hereto as Attachment 7. Thereafter, 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. 21-2289 on October 5, 2021. With the adoption of Resolution No. 21-2289, the City Council declared the Study Area described in the Report to be a deteriorated area and/or a deteriorating area as defined by Chapters 20 and 29, Title 50, Idaho Code, as amended, that such area is appropriate for an urban renewal project, that the Ada County Board of County Commissioners directed the parcels north of Interstate 84 and west of Linder Road should not be included in any proposed Linder District project area, and directed the Agency to commence preparation of an urban renewal plan. In addition to the discussions occurring at several Ada County Board of County Commissioners, Ada County Highway District, City Council and Agency Board meetings in 2021, and the establishment of the Linder overpass task force, City staff met with property owners, taxing districts and other stakeholders regularly in an effort to provide an opportunity for all to weigh in on the scope of the Plan and Project Area. 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. 21-053, on October 27, 2021, and submitted the Plan to the Board of County Commissioners and 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.2 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 It is anticipated the parcels currently located within the boundaries of unincorporated Ada County will be annexed into the City prior to development occurring on those parcels. 6 Page 48 Item#1. In accordance with the Law and the Act, the City Council and Ada County Board of County Commissioners entered into an intergovernmental agreement concerning the administration and implementation of the Plan and the Ada County Board of County Commissioners adopted a transfer of powers ordinance on December 7, 2021,by Ordinance No. 932 (Attachment 8). 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 December 14, 2021, by Ordinance No. 21-1958. 103 History and Current Conditions of the Area This Project Area includes an estimated 171 acres (including right-of-way), and is an area generally bounded by Ten Mile Road on the west, Interstate 84 on the north, Overland Road on the south and what would be an unimproved section of Linder Road on the east. The Project Area includes parcels within the City limits, as well as parcels outside the City limits, within unincorporated Ada County. The Project Area is, or will be upon annexation into the City be, zoned for primarily commercial, industrial, and residential uses. The Project Area is fully within the boundaries of the Ten Mile SAP. The Project Area represents an area of transition from historical agricultural uses to a proposed mix of residential, commercial, and industrial uses. The Ten Mile SAP refers to the current Future Land Use Map to support the desired development goals to support Mixed Employment and Mixed-Use Commercial Uses. A significant impediment to development is the extent of infrastructure necessary to develop the Project Area. The Report cites a number of deteriorating conditions existing within the Project Area, including age or obsolescence; predominance of defective or inadequate street layout; and faulty lot layout in relation to size, adequacy, accessibility, or usefulness/obsolete platting. Current infrastructure within the Project Area is not of a nature to support the high-density mixed-uses identified in the Ten Mile SAP. As a result, development potential within the Project Area is currently restricted. The impact of the lack of necessary capital facilities on growth in this area is evidenced by the significant growth occurring north of the Ten Mile Interchange, which has not yet been able to spur development south of Interstate 84. The majority of the Project Area lacks an internal street network to serve interior development creating connectivity issues. Further, existing parcel sizes appropriate for historic agricultural uses are not properly configured for the development patterns envisioned in the Ten Mile SAP. Extension of a sewer main is necessary in order to develop 60% of the Project Area consistent with uses contemplated in the Ten Mile SAP. In order to implement a broader transportation plan for the Project Area, an east-west local road is necessary to relieve some of the traffic burden from Overland Road in this area. Finally, for long-range planning in this area and to relieve congestion at the Ten Mile Interchange, a Linder Overpass is critical from a land use and transportation planning perspective. At this time, the Project Area lacks the public infrastructure necessary to properly serve economic development as contemplated by the City's Comprehensive Plan and the Ten Mile SAP. 7 Page 49 Item#1. The Plan is limited in scope and proposes three (3)public infrastructure improvements within the Project Area to encourage development in this area to support Mixed Employment and Mixed-Use Commercial Uses: 1)to participate in the funding of a portion of the Linder Overpass, in partnership with the City, the Ada County Highway District and the Idaho Transportation Department, which participation would be limited to the southern approach to the overpass bridge and related real property acquisition(the "Linder Overpass Project"). The Linder Overpass Project is a priority; 2) the installation of a new sewer main extension south of and parallel to Interstate 84, and related real property acquisition (the "Sewer Main Project"); and 3) the design and construction of an east-west local road(including streetscape improvements and any traffic control measures) to aid in the overall transportation plan for the Project Area and related real property acquisition (the "Local Road Project"). These projects will aid in removing the development impediments in this Project Area and will create additional opportunities to work with private property owners and developers to develop this area in a way that is supportive of the goals set forth in the Ten Mile SAP, including any related design and/or zoning overlays for this Project Area. A significant portion of the Project Area is underdeveloped and/or vacant and is not being used to its highest and best use due to the deteriorating conditions present within the Project Area. As noted above, these conditions have arrested or impaired growth in the Project Area. The preparation and approval of an urban renewal plan, including a revenue allocation financing provision, gives the City additional resources to solve the public infrastructure, transportation/connectivity, 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 these needed public improvements and facilities. Finally, a significant goal of the new developments within the Project Area is to support growth in employment opportunities, from start-ups to regional/national enterprises and planned designs that support the land use and transportation planning goals set forth in the Ten Mile SAP. This includes office and commercial spaces, which may be mixed with research and light industrial uses. A portion of the Project Area also contemplates mixed residential, employment and commercial uses, with a design supportive of increased pedestrian activity. It is unlikely individual developers will take on the prohibitive costs of constructing the necessary infrastructure in the Project Area without the ability of revenue allocation funds to help offset at least some of these costs. But for urban renewal and revenue allocation financing, the proposed public improvements to support development of the Project Area into a thriving mixed-use commercial, industrial and employment center 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 8 Page 50 Item#1. 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 presents a realistic siting of improvements recognizing it is difficult to project with any certainty where the improvements will be sited until any future projects submit plans to the City for design review and permitting. The Agency intends to discuss and negotiate with any owner or developer of the parcels within the Project Area seeking Agency assistance related to the Linder Overpass Project, the Sewer Main Project, and the Local Road Project 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 the projects as development occurs. Throughout this Plan, there are references to Agency activities, Agency funding, and the 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 prioritized by way of importance to the Agency by the amounts funded, and by year of funding, with earlier years reflecting the more important activities, achievement of higher objectives, long term goals, and commitments. Successful completion of the Linder Overpass Project is the first priority; however, it is recognized the Sewer Main Project and/or the Local Road Project timing will depend on how development occurs within the Project Area. It is possible the Sewer Main Project and/or the Local Road Project could occur prior to the Linder Overpass Project. As required by the Law and Act, the 9 Page 51 Item#1. 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 prioritized public improvements and other related activities with an estimated cost in 2021 dollars of approximately $7,000,000. 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$11,314,976 in revenue allocation proceeds. 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. 105 Open Land Criteria This Plan contemplates Agency acquisition of property within the Project Area, in part, to support the Linder Overpass Project, the Sewer Main Project and the Local Road Project. The Project Area includes open land requiring the area meet the conditions set forth in Idaho Code § 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 §§ 50-2018(8), (9) and 50-2903(8). The issues listed only in Idaho Code § 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 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 §§ 50- 2018(8), (9) and 50-2903(8) apply. But such areas also qualify if any of the issues listed only in Idaho Code § 50-2008(d)(4)(2) apply. The age or obsolescence of existing uses, a predominance of defective or inadequate street layout and faulty lot layout in relation to size, adequacy, accessibility or usefulness/obsolete platting, 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. 10 Page 52 Item#1. This Plan does anticipate Agency acquisition of property within the Project Area; however, the acquisition of specific parcels is unknown at this time, but is anticipated to be related to the Linder Overpass Project, the Sewer Main Project, and the Local Road Project. 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. 200 DESCRIPTION OF PROJECT AREA The boundaries of the Project Area and the Revenue Allocation Area are shown on the Boundary Map of Linder 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 Linder 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 and employment opportunities in the Project Area, while recognizing the importance of high design as set forth in the Ten Mile SAP. Implementation of the strategy includes, but is not limited to the following actions: a. The engineering, design, installation, construction, and/or reconstruction of the southern approach to the Linder Overpass bridge, including related streetscapes, which for purposes of this Plan, the term streetscapes include sidewalks, lighting, landscaping, benches, signage, wayfinding, bike racks,public art, and similar amenities between the curb and right-of-way line, and pedestrian facilities, curb and gutter, intersection improvements, and traffic control measures; b. The engineering, design, installation, construction, and/or reconstruction of the Local Road Project, including related streetscapes (defined above) and pedestrian facilities, curb and gutter, intersection improvements, and traffic control measures; C. The engineering, design, installation, construction, and/or reconstruction of the Sewer Main Project, including but not limited to lift station and/or other such improvements related to the Sewer Main Project; 11 Page 53 Item#1. d. 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 related to the Projects; e. The provision for participation by property owners and developers within the Project Area to achieve the objectives of this Plan and the Ten Mile SAP; f. The acquisition of real property for public right-of-way improvements and underground utilities to encourage development opportunities consistent with the Ten Mile SAP; g. The demolition or removal of certain buildings and/or improvements for public rights-of-way and streetscape (as defined above) improvements, pedestrian facilities,utility undergrounding extension and upgrades to encourage and enhance transportation and mobility options, decrease underutilized parcels, to eliminate unhealthful,unsanitary, or unsafe conditions, eliminate obsolete or other uses detrimental to the public welfare or otherwise to remove or to prevent the spread of deteriorating or deteriorated conditions; h. The development or redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan and the Ten Mile SAP; i. 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 and industries; j. The provision of financial and other assistance to encourage greater residential and/or employment density as contemplated by the Ten Mile SAP; k. In collaboration with property owners and other stakeholders, working with the City to amend zoning regulations (if necessary) and establish standards and guidelines for the design of the Mixed Employment and Mixed-Use Commercial uses as contemplated in the Ten Mile SAP as needed to support implementation of this Plan; 1. 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 as contemplated by the Ten Mile SAP, achieving high standards of development, and leveraging such development to achieve public objectives and efficient use of scarce resources; in. To the extent allowed by law, lend or invest federal funds to facilitate development and/or redevelopment; 12 Page 54 Item#1. n. 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; o. 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: age or obsolescence; the predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; obsolete platting; and inadequate utility infrastructure needed for larger residential, commercial and industrial developments. 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 55 Item#1. Agency plays a key role in creating the necessary momentum to get and keep things going. b. Support development opportunities consistent with the Ten Mile SAP, and to encourage development projects that support the goals of developing vibrant Mixed Employment and Mixed-Use Commercial areas consistent with the plan set forth in the Ten Mile SAP. C. Support development that includes public open space amenities. d. Initiate projects designed to increase mixed density employment opportunities, mixed income and mixed density residential projects, commercial projects, and to encourage transportation planning to support connectivity and efficient circulation of all transportation means. 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 § 50-2905. Land use in the Project Area may 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 commercial, industrial, and employment uses consistent with the Ten Mile SAP. 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, recognizing, however, the primary purpose of this Plan and Project Area is to support new private development providing for economic growth through diverse, resilient, regionally supportive, enhanced employment opportunities and to establish a thriving commercial and industrial area. 303 Participation Opportunities and Agreement 303.1 Participation Agreements The Agency shall 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 term"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 14 Page 56 Item#1. agreement. The Agency may also enter into owner participation agreements with other future owners and developers within the Project Area throughout the duration of this Plan in order to implement the infrastructure improvements set forth in this Plan. Each structure and building in the Project Area to be rehabilitated or to be constructed as a condition of the owner participation agreement between the Agency and the owner pursuant to this Plan will be considered to be satisfactorily rehabilitated and constructed pursuant to the requirements of the Law and Act, 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: a. 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, the Ten Mile SAP, 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. b. Any owner shall give due consideration to the provision of adequate open space and pathways. C. 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. d. Any new construction shall also conform to all applicable provisions, requirements, and regulations of this Plan, as well as to 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 any owner participation agreement. In all 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 a participation 15 Page 57 Item#1. 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 a participation agreement fails or refuses to rehabilitate, develop, use, and maintain its real property pursuant to this Plan and a 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 consistent with the Ten Mile SAP. 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 and the Ten Mile SAP 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. 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. 16 Page 58 Item#1. The Agency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency will seek the cooperation of all public bodies which own or intend to acquire property in the Project Area. All plans for development of property in the Project Area by a public body shall be subject to Agency approval, in the event the Agency is providing any financial assistance. Subject to applicable authority, the Agency may impose on all public bodies the planning and design controls contained in this Plan to ensure that present uses and any future development by public bodies will conform to the requirements of this Plan; provided, however, the Ada County Highway District has exclusive jurisdiction over Ada County Highway District streets. The Agency is authorized to financially(and otherwise) assist any public entity in the cost of public land, buildings, facilities, structures, or other improvements of the Project Area as allowed by the Law and Act. The Agency intends to cooperate to the extent allowable with the City and 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 following adoption of this Plan, 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 owner participation agreement and in the annual budget adopted by the Agency Board. 305 Property Acquisition 305.1 Real Property Only as specifically authorized herein, the Agency may acquire, through the voluntary measures described below,but is not required to acquire, any real property located in the Project Area where it is determined that the property is needed for construction of public improvements, 17 Page 59 Item#1. required to eliminate or mitigate the deteriorated or deteriorating conditions, to facilitate economic development, including acquisition of real property intended for disposition to qualified developers through a competitive process, and as otherwise allowed by law. The acquisition shall be by any means authorized by law, including, but not limited to, the Law, the Act, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, but shall not include the right to invoke eminent domain authority except as authorized by Idaho law and provided herein. The Agency is authorized to acquire either the entire fee or any other interest in real property less than a fee, including structures and fixtures upon the real property, without acquiring the land upon which those structures and fixtures are located. The Agency intends to acquire any real property through voluntary or consensual gift, devise, exchange, or purchase. Such acquisition of property may be for the development of the public improvements identified in this Plan. 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 the Agency of 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- 701 A. 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 or to accommodate underground public facilities. The Agency is authorized by this Plan and Idaho Code §§ 50-2010 and 50-2018(12) to acquire the properties identified in Attachment 3 hereto for the purposes set forth in this Plan. The Agency has identified its intent to acquire and/or participate in the development of certain public improvements, including, but not limited to those identified in Section 301 of the Plan, Attachment 5, and the Linder Overpass Project, the Sewer Main Project, and the Local Road Project. The Agency's property acquisition will result in remediating deteriorating conditions in the Project Area by facilitating the development of mixed-use, residential, commercial, industrial and employment centers. The public improvements are intended to be dedicated to the City, the Ada County Highway District 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 18 Page 60 Item#1. 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. Under the provisions of the Act, the urban renewal plan"shall be sufficiently complete to indicate such land acquisition, demolition, and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area." Idaho Code § 50-2018(12). The Agency has generally described those properties by use as set out in Attachment 3 for acquisition for the construction of public improvements. The Agency may also acquire property for the purpose of developing streetscape and public utilities. The Agency reserves the right to determine which properties, 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 s House Bill 1044,adopted by the Idaho Legislature during the 2021 Legislative Session,limited the Agency's ability to exercise eminent domain. 19 Page 61 Item#1. which relocation assistance to the greatest extent feasible would be uniform. The Agency shall also coordinate with the various local, state, or federal agencies concerning relocation assistance as may be warranted. In the event the Agency's activities result in displacement, 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, pedestrian walkways, 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 § 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. 20 Page 62 Item#1. 309.2 Disposition and Development Agreements To provide adequate safeguards to ensure that the provisions of this Plan will be carried out and to prevent the recurrence of deteriorating conditions, all real property sold, leased, or conveyed by the Agency is subject to the provisions of this Plan. The Agency shall reserve such powers and controls in the disposition and development documents as the Agency deems may be necessary to prevent transfer, retention, or use of property for speculative purposes and to ensure that development is carried out pursuant to this Plan. Leases, lease/purchases, deeds, contracts, agreements, and declarations of restrictions of the Agency may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provisions necessary to carry out this Plan. Where appropriate, as determined by the Agency, such documents, or portions thereof, shall be recorded in the office of the Recorder of Ada County, Idaho. All property in the Project Area is hereby subject to the restriction that there shall be no discrimination or segregation based upon race, color, creed, religion, sex, age, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, disability/handicap, tenure, or enjoyment of property in the Project Area. All property sold, leased, conveyed, or subject to a disposition and development agreement shall be expressly subject by appropriate documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, or other transfer of land in the Project Area shall contain such nondiscrimination and nonsegregation clauses as required by law. As required by law or as determined in the Agency's discretion to be in the best interest of the Agency and the public, the following requirements and obligations shall be included in the disposition and development agreement. That the developers, their successors, and assigns agree: a. That a detailed scope and schedule for the proposed development shall be submitted to and agreed upon by the Agency. b. That the purchase or lease of the land and/or subterranean rights and/or air rights is for the purpose of redevelopment and not for speculation. C. That the building of improvements will be commenced and completed as jointly scheduled and determined by the Agency and the developer(s). d. That the site and construction plans will be submitted to the Agency for review as to conformity with the provisions and purposes of this Plan and to support the planning, design and transportation goals set forth in the Ten Mile SAP. 21 Page 63 Item#1. 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. 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 409 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 §§ 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 22 Page 64 Item#1. obligation of the Agency under such contract, lease, or agreement shall constitute an indebtedness of the Agency as described in Idaho Code § 50-2909 which may be made payable out of the taxes levied in the Project Area and allocated to the Agency under Idaho Code § 50- 2908(2)(b) and Section 500 of this Plan or out of any other available funds. 310 Development Plans All development plans (whether public or private)prepared pursuant to an owner participation or disposition and development agreement, 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 409. Additionally, development must be consistent with all City ordinances, design overlays and be supportive of the goals set forth in the Ten Mile SAP. 311 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. 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, 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 § 50-2909 which may be made payable out of the taxes levied in the Project Area and allocated to the Agency under Idaho Code § 50- 2908(2)(b) and Section 500 of this Plan or out of any other available funds. 23 Page 65 Item#1. 312 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 a participation agreement with the Agency,provided such owner continues to operate, use, and maintain the real property within the requirements of 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, the Ten Mile SAP, and within the City 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, commercial, industrial and employment areas. 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 Attachment 1. Any new roadways, including the Linder Overpass Project and the Local Road Project 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 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 shown 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 interior or exterior street layout shall be in accordance with the objectives of this Plan and the design standards of the City, Ada County Highway District, or the Idaho Department of Transportation as may be 24 Page 66 Item#1. applicable; and 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, together with the design, planning and transportation goals set forth in the Ten Mile SAP; 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 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. 405 Development in the Project Area Subject to the Plan All real property in the Project Area, under the provisions of either a disposition and development agreement or an owner participation agreement, is made subject to the controls and requirements of this Plan. No such real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan, except in conformance with the provisions of this Plan. 406 Construction Shall Comply with Applicable Federal, State, and Local Laws and Ordinances and Agency Development Standards All construction in the Project Area shall comply with all applicable state laws, the Meridian City Code, as may be amended from time to time, and any applicable City Council ordinances pending codification, including but not limited to, regulations concerning the type, size, density and height of buildings; open space, landscaping, light, air, and privacy; the 25 Page 67 Item#1. 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 owner participation agreement. 407 [Reserved] 408 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 an owner participation agreement and agree to the imposition of such reasonable restrictions as may be necessary to protect the development and use of the Project Area. The Agency may authorize additions, alterations, repairs, or other improvements in the Project Area for uses which do not conform to the provisions of this Plan where such improvements are within a portion of the Project Area where, in the determination of the Agency, such improvements would be compatible with surrounding Project uses and development. All nonconforming uses shall also comply with the City codes and ordinances. 409 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 to support the goals set forth in the Ten Mile SAP. 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 26 Page 68 Item#1. 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), state of Idaho, federal government or other public entities, interest income, developer advanced funds, donations, loans from private financial institutions (bonds, notes, line of credit), the lease or sale of Agency- owned property,public parking revenue, or any other available source,public or private, including assistance from any taxing district or any public entity. The Agency is also authorized to obtain advances, lines of credit, borrow funds, and create indebtedness in carrying out this Plan. The Agency may also consider an inter-fund transfer from other urban renewal project areas. The principal and interest on such advances, 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. 27 Page 69 Item#1. 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 § 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 shall deposit allocated revenues as provided in Idaho Code § 50-2908. The Agency shall use such funds solely in accordance with Idaho Code § 50-2909 and solely for the purpose of providing funds to pay the Project Costs, including any incidental costs, of such urban renewal projects as the Agency may determine by resolution or resolutions of its Board. A statement listing proposed public improvements and facilities, a schedule of improvements, the location of proposed public infrastructure improvements, an economic feasibility study, estimated project costs, fiscal impact upon other taxing districts, and methods of financing project costs required by Idaho Code § 50-2905 is included in this Plan and in Attachment 5 to this Plan. This statement necessarily incorporates estimates and projections based on the Agency's and 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 objections 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. 28 Page 70 Item#1. 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 any owner/developer or public entity for the cost of eligible public improvements pursuant to a participation agreement. 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 Agency is authorized to make such pledges as to specific advances, loans, and indebtedness as appropriate in carrying out the Project. 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 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 the proposed development take place as projected, the project indebtedness could be extinguished earlier, dependent upon the bond sale documents or other 29 Page 71 Item#1. legal obligations. Should private development take longer to materialize, or should the private development be substantially less than projected, then the amount of revenue generated will be substantially reduced and debt may continue for its full term. The Plan and the Plan Attachments incorporate estimates and projections based on the Agency's and consultants' present knowledge and expectations. The Plan proposes certain public improvements as set forth in Attachment 5,which will facilitate mixed-use commercial, residential, industrial developments and employment opportunities in the Revenue Allocation Area as more fully guided by the design, planning and transportation goals set forth in the Ten Mile SAP. 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, overlapping taxing districts, 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. 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, and residential improvements. The types of new construction expected in the Project Area are mixed-use residential (mixed income and mixed density); industrial; and commercial. The Project Area has potential for a significant increase in residential, commercial, and industrial growth due to the location of the Project Area, and in realization of the goals set forth in the Ten Mile SAP. However, without a method to construct the identified public improvements: the Linder Overpass Project, the 30 Page 72 Item#1. Sewer Main Project and the Local Road Project 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 § 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. 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 District $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 several 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 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. s 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. 31 Page 73 Item#1. increases and new development value. Increases have been assumed based upon the projected value of new development as that development occurs along with possible land reassessment based on a construction start. The Study, with the various estimates and projections, constitutes an economic feasibility study. Costs and revenues are analyzed, and the analysis shows the need for public capital funds during the project. Multiple financing sources including annual revenue allocations, developer contributions, city, or other public entity 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.6 Based on these funding sources, the conclusion is that the Project is feasible. The Agency reserves the discretion and flexibility to use revenue allocation proceeds in excess of the amounts projected in the Study for the purpose of funding the additional identified projects and improvements. The projections in the Study are based on reasonable assumptions and existing market conditions. However, should the Project Area result in greater than anticipated revenues, the Agency specifically reserves the ability to fund the additional activities and projects identified in this Plan. Further, the Agency reserves the discretion and flexibility to use other sources of funds unrelated to revenue allocation to assist in the funding of the improvements and activities identified, including but not limited to owner participation agreements and disposition and development agreements. The Agency may also re-prioritize projects pursuant to market conditions,project timing, funding availability, etc., as more specifically detailed in the annual budget. The proposed timing for the public improvements may 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 § 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/or public entity 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 and Ada County Highway District have not committed to fund any public infrastructure 'See Idaho Code§ 50-2905. 32 Page 74 Item#1. improvements within the Project Area. Such decisions concerning capital improvement projects and/or other expenditures are made by the City (or the Ada County Highway District) annually pursuant to this budget and appropriates 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 shown 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. 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, Chapter 26, Title 50, Idaho Code. 33 Page 75 Item#1. 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 revenue 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 § 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.7 Taxing entities submit proposed budgets to the County Board of Commissioners, which budgets are required to comply with the limitations set forth in Idaho Code § 63-802. Therefore, the impact of revenue allocation on the taxing entities is more of a product of the imposition of Idaho Code § 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. 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. 34 Page 76 Item#1. One result of new construction occurring outside the revenue allocation area(Idaho Code §§ 63-802 and 63-301A) is the likely reduction of the levy rate as assessed values increase for property within each taxing entity's jurisdiction.8 From and after December 31, 2006, Idaho Code § 63-301A prohibits taxing entities from including, as part of the new construction roll, the increased value related to new construction within a revenue allocation area until the revenue allocation authority is terminated. Any new construction within the Project Area is not available for inclusion by the taxing entities to increase their budgets. Upon termination of this Plan or Project Area or deannexation of 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 and revenue pursuant to Idaho Code Sections 63-802 and 63-301A. As the 2021 certified levy rates will not be determined until October/early November 2021, the 2020 certified levy rates have been used in the Study for purposes of the analysis. to For Tax Year 2020, those taxing districts and rates for the parcels located within the City are as follows:I I Taxing Districts: Levy 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 TOTAL12 .005877164 '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. 9 Pursuant to House Bill 389,80%of the total eligible increment value is added to the new construction roll. 10 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. 11 It is unclear how the personal property tax exemption set forth in Idaho Code§ 63-602KK may impact the levy rate. 12 Net of voter approved bonds and levies. 35 Page 77 Item#1. For Tax Year 2020,13 those taxing districts and rates for the parcels located within the unincorporated County are as follows:14 Taxing Districts: Lever: 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 Pest Extermination .000098171 Meridian Fire .001017848 TOTAL15 0.004762327 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. 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. It is anticipated the parcels currently located outside the City limits and within unincorporated Ada County will be 13 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. "It is unclear how the personal property tax exemption set forth in Idaho Code§ 63-602KK may impact the levy rate. is Net of voter approved bonds and levies. 36 Page 78 Item#1. annexed into the City. As a result, the levy rate applied to parcels within the City has been used to estimate revenue generation over the life of the Project Area. Second, the levy rate is estimated to be 10% lower than the combined 2020 certified levy rates for the City 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. 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 § 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 shall include City, other public entity partners, and owner/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 and Bonds Under the Law (Idaho Code § 50-2012), the Agency is authorized to issue revenue bonds to finance certain public improvements identified in the Plan. Under that type of financing, the public entity would pay the Agency a lease payment annually which provides certain funds to the Agency to retire the bond debt. Another variation of this type of financing is sometimes referred to as conduit financing, which provides a mechanism where the Agency uses its bonding 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, 37 Page 79 Item#1. but rather funds from the end users which provide a funding source for the Agency to continue to own and operate the facility beyond the term of the Plan as allowed by Idaho Code § 50-2905(8) as those resources involve funds not related to revenue allocation funds. 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 in support of the design,planning and transportation goals set forth in the Ten Mile SAP, 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, or other public entities, 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 38 Page 80 Item#1. redevelopment of the Project Area to be commenced and carried to completion without unnecessary delays. g. Institution and completion of proceedings necessary for the establishment of a local improvement district under Chapter 17, Title 50, Idaho Code, or a business improvement district. h. The undertaking and completing of any other proceedings necessary to carry out the Project. i. Administration of Community Development Block Grant funds that may be made available for this Project. j. Appropriate agreements with the Agency for administration, supporting services, funding sources, and the like. k. Joint funding of certain public improvements, including but not limited to those identified in this Plan and Attachment 5 to the Plan. 1. Use of public entity labor, services, and materials for construction of the public improvements listed in this Plan. in. 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 or the Ada County Highway District. In addition to the above, other public entities may 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. Actions by the County may include, but not be limited to, entering into an agreement with the Agency and/or the City as may be necessary to make improvements to the portion of the Project Area located within the boundaries of the County and to coordinate with the City on annexation proceedings. The foregoing actions, if taken by the County, do not constitute any commitment for financial outlays by the County. 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 or the Ada County Highway District, as the case may be. 39 Page 81 Item#1. 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 § 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 § 50-2905(7). The Agency may use proceeds in 2042 to complete the projects set forth herein. As stated in the Plan, any owner participation agreement or disposition and development agreement obligations will cease as of December 31, 2041. Idaho Code § 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 § 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 § 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. 40 Page 82 Item#1. 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 § 50-2909(4). In the event that the Agency determines that current tax year revenues are sufficient to cover all estimated expenses for the current year and all future years, by May 1, but in any event, no later than September 1, the Agency shall adopt a resolution advising and notifying the local governing body, the county auditor, and the State Tax Commission, recommending the adoption of an ordinance for termination of the Revenue Allocation Area by December 31 of the current year, and declaring a surplus to be distributed as described in Idaho Code § 50-2909 should a surplus be determined to exist. The Agency shall cause the ordinance to be filed with the office of the county recorder and the Idaho State Tax Commission as provided in Idaho Code § 63-215. Upon termination of the revenue allocation authority of the Plan to the extent the Agency owns or possesses any assets, 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 § 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 or the Ada County Highway District, depending on the nature of the asset. 900 PROCEDURE FOR AMENDMENT OR MODIFICATION To the extent there are any outstanding loans or obligations, this Plan shall not be modified pursuant to the provisions set forth in Idaho Code § 50-2903A. Modification of this Plan results in a reset of the base value for the year immediately following the year in which the modification occurred to include the current year's equalized assessed value of the taxable property in the revenue allocation area, effectively eliminating the Agency's revenue stream as more fully set forth in Idaho Code § 50-2903A subject to certain limited exceptions contained therein. 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 § 50-2903A(1)(a)(i). 41 Page 83 Item#1. 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. Additionally, the Agency must comply with certain other reporting requirements as set forth in Idaho Code § 67-1076, Idaho Code § 50-2913, the tax commission plan repository, and Idaho Code § 50-2903A, the tax commission's plan modification annual attestation. Failure to report the information requested under any of these statutes results in significant penalties, including loss of 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. 42 Page 84 Item#1. Attachment 1 Boundary Map of Linder District Urban Renewal Project Area and Revenue Allocation Area Page 85 Item#1. EXHISI T B SKETCH TO ACCOMPANY URBAN RENEWAL DISTRICT DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION LOCATED IN THE SW 114 OF SECTION 13, AND IN THE S 112 OF SECTION 14, AND IN THE NW 114 OF SECTION 23, ALL IN TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO 1/4 BASIS OF BEARING N 0'56 24" E 2629.55' 22 15 N O'30 03" E 2659.45' 1/4 POINT OF 2'3 14 BEGINNING h h h N N OI SEE SHEET 2 OF 4 SEE SHEET 3 OF 4 N ^ C 1/4 N O'37 52" E 2637.89' ,1114 N O'35 37" E 2657.24' C 1/4 LEGEND N h URD BOUNDARY N N SEE SHEET 4 OF 4 URD AREA o Ni N o � N ^ ^ LA NS 23 14 t ,r N O'32'47" E 2651.40' 1/4 7 0 24 13 Ln . 2(@ 0 F ti r a A . kt Q aa'� o h N CIVIL SURVEY CONSULTANTS, INC. SCAM 1' 1000' 2893 SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 1/4 SHEET 1 1 Page 86 Item#1. EXHIBI T B SKETCH TO ACCOMPANY URBAN RENEWAL DISTRICT DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION LOCATED IN THE SW 114 OF SECTION I J, AND IN THE S 112 OF SECTION 14, AND IN THE NW 114 OF SECTION 23, ALL IN TOWNSHIP J NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO B3.43' - 1/4 S TEN MILE ROAD BASIS OF BEARING 110.05' 22 15 N 0'56 24' E 2629.55" 717.33' N 0'56 24" E 1305.34' L 606,88' L_2 23 14 POINT OF 3 BEGINNING, N 0'31'15"E N 234'10"E Q o 345.95'7 419.76' o O � � O �r � O W W h � h LEGEND N URD BOUNDARY " �f� h URD AREA C3 LA p �, ���� SCALE. 1"=400' Ufb- � o 4 F � CIVIL SURVEY CONSULTANTS, INC. IN W LINE DATA 2893 SOUTH MERIDIAN ROAD N o LINE BEARING DISTANCE MERIDIAN, IDAHO 83642 N O'3752 E �' 3 L-1 5 34'10'57"E 193.G. 93.48' L-2 n1 89'14 58» W 4D.7,7' (208)888-4312 G 114 2637.89' /4 L-22 N 89'1458" W 179.91' I—L-2J S 10,08,16, W 241.51' CURVE DATA CURVE DELTA RADIUS ARC TANGENT I CHORD ICHORD BRNO. C-1 80'36'46" 1000.00 1406.96 1 848.25 1 1293.75 I S 5026 39"" W SHEET 2 Page 87 C-2 80.35 42" 1000.00 1406.65 1 84799 1 1293.51 I S 5026 07 W Item#1. EXHISI T B SKETCH TO ACCOMPANY URBAN RENEWAL DISTRICT DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION LOCATED IN THE SW 114 OF SECTION 13, AND IN THE S 112 OF SECTION 14, AND IN THE NW 114 OF SECTION 23, ALL IN TOWNSHIP J NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO 22 15 S TEN MILE ROAD 1/4 - --__ N 0'30 OJ" E 2659.45' 11 1) o 23 14 312.82' .i;3149"E — r - - o N 0,jo J3"E 306 84' L-7 -5 L-6 L-8 L-3 L-4 SEE DETAIL A j L-9 L-10 L-11 DETAIL A NOT TO SCALE t.i Cn cs� h �; �oN°` LA as N ' �y EN L S JERSEY WAY 18780 L-13 ' T�. OF �bQ q �£A . KQO031, LEGEND URD BOUNDARY a I VA URD AREA LINE DATA LINE BEARING DISTANCE L-2 N 89'1458" W 40.72' L-3 N 0'30'03"E 25.00' N O L-4 N 89.14 58" W 10.99' L p -14 L-5 N 89 29 57' W 22.30' N p L-6 N 12'1251' E 97.93' L-7 N 41'11"00'E 121.02' 1. J 3f 1036. 11' L-15 162 13' C 1/4 L-8 N 7328'13'E 79.08' 114 N 0'3537 E 2657.24' L-9 N 82'3226" E 110.11' L—10 N 81-59"42' E 85.13' SEE SHEET 4 OF 4 L-11 S 4'51 25"E 41.68' �V L-72 N O'3250- E 38.29' CIVIL SURVEY CONSULTANTS, INC L-13 N 8722'04- E 95.66' L-14 5 56'4 1 50" E 36.06' 2893 SOUTH MERIDIAN ROAD L-75 N 893646" E 760.00' MERIDIAN, IDAHO 83642 L-22 N 89'1458' W 779.31' (208)888-4312 SCALE.- 1'=400' SHEET 3 Page 88 Item#1. EXHIBIT B SKETCH TO ACCOMPANY URBAN RENEWAL DISTRICT DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION LOCATED IN THE SW 114 OF SECTION I J, AND IN THE S 112 OF SECTION 14, AND IN THE NW 114 OF SECTION 23, ALL IN TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO IL 114 SEE SHEET 3 OF 4 N O'35 37 E 2657.24' r C 114 1036. 11' L-15 1621. 13' T L 16 AN W NS a `c N 18780 Z D F !�A K0� ,y L-17 W SCALE' 1`400' h = LEGEND 3 I 1 L-18 URD BOUNDARY W o URD AREA LINE DATA LINE BEARING DISTANCE Q ,I L-15 N 893646" E 160.00' L-16 N 5555 22" E 36.06" QQ L-17 S 88"05"48" E 100.08, L-18 N O'34'12" E 10.81, I L—19 N 8734 06" E 400.50' W L-20 S 893409"" E 346.49' W 232.38' S�L1 7-21 N 89'07"36"" W 48.00' -� a O 23 14 1796.12 _ _ _ _ _ 855.28' �� 1 4 S�'3?47"W N 0'32 47" E 2651.40' 5 LINDER ROAD 24 327.82' S 448 23•• 1y 700.57' L 88.00' �� •- L-21 �;A ho 0 CIVIL SURVEY CONSULTANTS, INC. N 2893 SOUTH MERIDIAN ROAD MERIDIAN, IDAHO 83642 114 SHEET 4 OF 4 (208)888-4312 Page 89 Item#1. Attachment 2 Legal Description of Linder District Urban Renewal Project Area and Revenue Allocation Area Page 90 Item#1. EXHIBIT A URBAN RENEWAL DISTRICT BOUNDARY DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION A description for Urban Renewal District purposes located in the SW 1/4 of Section 13, and in the S 1/2 of Section 14, and in the NW 1/4 of Section 23, all in Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the southwesterly corner of said NW 1/4 of Section 23, from which an aluminum cap marking the northwesterly corner of said Section 23 bears N 0056'24" E a distance of 2629.55 feet; Thence N 0056'24" E along the westerly boundary of said NW 1/4 of Section 23 a distance of 717.33 feet to the POINT OF BEGINNING; Thence continuing N 0'56'24" E a distance of 1305.34 feet to a point; Thence leaving said westerly boundary S 34°10'57" E a distance of 83.43 feet to a point on the westerly boundary of PARCEL 8 as described in Warranty Deed Inst. No. 110000589; Thence along the westerly boundary of said PARCEL 8 the following described courses: Thence continuing S 34'10'57" E a distance of 110.05 feet to a point; Thence N 0'31.'15" E a distance of 345.95 feet to a point; Thence N 2°34'10" E a distance of 419.76 feet to a point marking the northwesterly corner of said PARCEL 8, said point being on the southerly boundary of said S 1/2 of Section 14; Thence leaving said westerly boundary N 89'14'58" W along said southerly boundary a distance of 40.72 feet to a point on the easterly right-of-way of S. Ten Mile Road; Thence leaving said southerly boundary and along said easterly right-of-way the following described courses: Thence N 0'30'03" E a distance of 25.00 feet to a point; Thence N 89014'58" W a distance of 10.99 feet to a point; Thence N 0030'03" E a distance of 312.82 feet to a point; Page 1 of 4 Page 91 Item#1. Thence N 89'29'57" W a distance of 22.30 feet to a point; Thence N 3*31'49" E a distance of 306.84 feet to a point; Thence N 12°12'51" E a distance of 97.93 feet to a point; Thence N 41'11'00" E a distance of 121.02 feet to a point on the southerly right-of-way of Interstate 1-84; Thence leaving said easterly right-of-way and along said southerly right-of-way the following described courses: Thence N 73'28'13" E a distance of 79.08 feet to a point; Thence N 82°32'26" E a distance of 110.11 feet to a point; Thence N 79`31'11" E a distance of 326.57 feet to a point; Thence N 81'59'42" E a distance of 85.13 feet to a point; Thence S 4'51'25" E a distance of 41.68 feet to a point; Thence N 81031'45" E a distance of 285.56 feet to a point; Thence N 84°21'46" E a distance of 291.43 feet to a point on the easterly boundary of the SW 1/4 of the SW 1/4 of said Section 14; Thence N 0'32'50" E along said easterly boundary a distance of 38.29 feet to a point; Thence leaving said easterly boundary N 87'22'04" E a distance of 95.86 feet to a point; Thence N 89'27'34" E a distance of 1098.46 feet to a point; Thence S 56°41'50" E a distance of 36.06 feet to a point; Thence N 89'36'46" E a distance of 160.00 feet to a point; Thence N 55'55'22" E a distance of 36.06 feet to a point; Thence N 89'21'36" E a distance of 680.00 feet to a point; Thence S 88*05'48" E a distance of 100.08 feet to a point; Thence N 89052'45" E a distance of 463.52 feet to a point on the easterly boundary of the SW 1/4 of the SE 1/4 of said Section 14; Page 2 of 4 Page 92 Item#1. Thence N 0034'12" E along said easterly boundary a distance of 10.81 feet to a point; Thence leaving said easterly boundary S 89'34'09" E a distance of 684.00 feet to a point; Thence N 87°34'06" E a distance of 400.50 feet to a point; Thence S 89'34'09" E a distance of 346.49 feet to a point marking northwesterly corner of PARCEL A as shown on Record of Survey No. 8165, Inst. No. 107167073; Thence leaving said southerly right-of-way and along the westerly boundary of said PARCEL A the following described courses: Thence S 4048'23" W a distance of 700.57 feet to a point; Thence S 0032'47" W a distance of 327.82 feet to a point; Thence leaving said westerly boundary and continuing S 0032'47" W on an extension of said westerly boundary a distance of 88.00 feet to a point on the southerly boundary of said SW 1/4 of Section 13; Thence leaving said extended boundary N 89°07'36" W along said southerly boundary a distance of 48.00 feet to the southeasterly corner of said Section 14; Thence N W19'40" W along the southerly boundary of said S 1/2 of Section 14 a distance of 2661.71 feet to the southeasterly corner of the SW 1/4 of said Section 14; Thence N 89'14'58" W along the southerly boundary of said SW 1/4 of said Section 14 a distance of 179.31 feet to a point marking the intersection of said southerly boundary and the centerline of W. Overland Road; Thence leaving said southerly boundary and along said centerline the following described courses: Thence a distance of 1406.96 feet along the arc of a 1000.00 foot radius curve left, said curve having a central angle of 80036'46" and a long chord bearing S 50'26'39" W a distance of 1293.75 feet to a point; Thence S 10'08'16" W a distance of 241.51 feet to a point; Thence a distance of 1406.65 feet along the arc of a 1000.00 foot radius curve right, said curve having a central angle of 80'35'42" and a long chord bearing S 50*26'07" W a distance of 1293.51 feet to a point; Thence N 89'16'02" W a distance of 466.87 feet to the POINT OF BEGINNING. Page 3 of 4 Page 93 Item#1. This parcel contains approximately 188.6 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. NkL A!y Prepared by: Kyle A. Koomler, PLSS U Civil Survey Consultants, Incorporated October 22, 2021 18780 -� v o ZZ ;It OF 14P A. KOO Page 4 of 4 Page 94 Item#1. 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 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, pedestrian/bike 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), including the Linder Overpass Project, the Sewer Main Project, and the Local Road Project. 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. Page 95 Item#1. Attachment 4 Map Depicting Expected Land Uses and Current Zoning Map of the Project Area Page 96 Item#1. U VERBFN_ —NAVIGATOR 11 a q\ VERB NA JgC�s�ip 'AILVER,'� SLMON TASA �� i �- DUTCH FARM - -- --- E R LEA N D�R!D H zMW a lSl9�F��J S W Zoning 010 0 C C Z ThOR At �2'441ERICAN Z Lu Ci,� FORK:-- in M C-G WOOD(Z_HFA VYb CHIP=g-I/MB L-O ER WOOD" \ HENRYS- � L� CHIP �-L p_FORK— HENRYS,,, M-E Z Y FORK`F. GQ��O p=m H-E Legend L �-� TN-C N ;Linder District pEN-COVE TN-R 0 Existing Urban Renewal District % P'S R-2 0 Parcels R-4 p� oy, A m1 R-8 0 250 500 1,000Feet \AL-VIST __�___\�\ R 15 Page 97 Item#1. U VERBENq\ NAVIGATOR ��,Ly"'�-"�,:...'�,/ J � � � • VERBENA J'gCK • S SILVER,' SALMON NASAGeneral - < Industrial OgGIs, DUTCH FARPI rQVIEIRTAWD}R'D o: '•'� RSEY� � '� ; ,RIDGE 1 c y TG z 1; ` 1►`�►` o�'` H yQP'9 Fl/ \ OlOThO Future Land Uses ' RN 1 0 Low Density Residential Medium Density Residential \� C 0 Med-High Density Residential \\ c= High Density Residential GQQ�p Commercial Legend - Industrial 1 N r ��;Linder District Civic 0 Mixed Use Neighborhood Existing Urban Renewal District ��, High Density Employment 0 Parcels p. n-N 0 -0 Mixed Employment 0 250 500 1,000 m Z Feet Mixed Use Commercial Page 98 Item#1. Attachment 5 Economic Feasibility Study Page 99 Item#1. ATTACHMENT 5.1 Public Improvements within the Revenue Allocation Area This Attachment includes a projected list of proposed public works or improvements within the Linder 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 partial participation in the development of the Linder Road Overpass, which may include property acquisition costs. The Linder 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, The Ten Mile Interchange Specific Area 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 and by the Ada County Highway District (ACHD) for the Linder Road overpass. Estimated costs expected to be incurred in implementing the urban renewal plan are as follows: Linder District Improvement List Linder Overpass Project- Southern Approach (including real property acquisition) $1,500,000 Sewer Main Project $3,500,000 (including real property acquisition) Local Road Project— East-West Connection Between S. Linder Road and S. Ten Mile Road (including real property acquisition) $2,000,000 Grand Total $7,000,000 The projects and estimated costs have been derived from the City of Meridian, the Meridian Development Corporation (MDC) and the Ada County Highway District, 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. Page 100 Item#1. The Project Area is estimated to generate $11,314,9761 in tax increment revenue between 2022 and 20412 in addition to the initial $50,000 loan from MDC to activate the program. The total from both sources is estimated to be $11,364,976. There are presently $7,000,000 of project costs identified in the Linder District Improvement List. It is generally understood that the Sewer Main and Local Roadway Projects will be funded through an 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. Funding for the Agency's anticipated participation in the Linder Overpass Project is through funding a reserve account over twelve (12) years. Funding for the Linder Overpass Project could be advanced by ACHD and the Idaho Transportation Department, which eligible costs for the southern approach would be reimbursed to ACHD through a reimbursement agreement, or other similar agreement. Administrative costs over the 20-year life of the district are estimated at $975,000 or approximately 8.6% 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 $52,500. The total estimated expenditures equal $9,577,500, leaving a $1,787,476 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 Linder District Urban Renewal Project (the "Plan") provides for the Plan and Project Area to extend through its maximum term of 20 years. The substantial fund balance at the end of the 20-year term may allow for early termination of the District if projects are realized as projected and costs do not substantially exceed forecasted estimates. 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. The difference in the revenue model is due to rounding. z As the Idaho property tax system provides for taxes being paid in arears, revenue allocation funds 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 101 Item#1. 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 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 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 and/or a public entity 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 the Ada County Highway District based in part upon current construction projects in the broader community. Page 102 Item#1. Map of Proposed Linder Road District �� 9sawn Tmot �A ••Wka WfiAci ,< � `u n . C7p Paced u r � Tmut 9� � le MI povil p Xavi9a[or � � � re OnQ m Overland 1Ale % o �aa � � Carenpert r A 0.merl[an Fwkc tT .�� a��mbe. gWootlmgt� 0` �;nactal '� Wood Chip S c R g • SXen�'s ��YYFF �' U�,Linder Icdoae Rive District Summary of Projects Based on the Linder District Improvement List set forth above, the estimated total costs for the public improvements are $7,000,000. Financing costs through an OPA bring the total Project costs to $9,577,500 Cost of Operations and Improvements by Year (2021-2041) Year Secure Potential District Overpass Infrastructure Total Project Liabilities Funding Funding Operating Reserve &Loan Debt (TIF Expenses Contribution Service MDC Loan) 2021 $50,000 $o $o $o $o I $o 2022 $9,743 $0 $25,000 $0 $0 I $25,000 2023 $82,313 $0 $50,000 $0 $25,000 I $75,000 2024 $99,932 $0 $50,000 $25,000 $25,000 I $100,000 2025 $118,885 $0 $50,000 $25,000 $42,500 I $117,500 2026 $139,277 $0 $50,000 $50,000 $40,000 I $140,000 2027 $269,959 $0 $50,000 $50,000 $165,000 I $265,000 2028 $289,081 $0 $50,000 $100,000 $140,000 I $290,000 2029 $309,070 $0 $50,000 $100,000 $150,000 I $300,000 2030 $447,964 $0 $50,000 $150,000 $250,000 I $450,000 2031 $475,703 $0 $50,000 $175,000 $250,000 I $475,000 2032 $504,727 $0 $50,000 $200,000 $250,000 I $500,000 2033 $653,094 $0 $50,000 $200,000 $400,000 I $650,000 2034 $690,769 $0 $50,0002034 $690,769 $0 $50,000 $200,000�$450,000�$700,0000 Page 103 Item#1. 2035 $730,211 $0 I $50,000 I $225,000 $460,000 $735,000 2036 $889,505 $0 I $50,000 I $0 $840,000 I $890,000 2037 $938,638 $0 I $50,000 I $0 $890,000 I $940,000 2038 $990,098 $0 I $50,000 I $0 $940,000 I $990,000 2039 $1,161,995 $0 I $50,000 I $0 $1,100,000 I $1,150,000 2040 $1,224,346 $0 I $50,000 I $0 $685,000 I $735,000 2041 $1,289,669 $0 I $50,000 I $0 $0 I $50,000 2042 $0 $0 I 0 I $0 $0 I $0 Total $11,364,976 $0 $975,000 $1,500,000 $7,102,500 $9,577,500 Note: This analysis anticipates a positive fund balance of$1,787,476 the end of the project. Page 104 Item#1. ATTACHMENT 5.2 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 • 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 Linder District, $11,314,976 of Tax Increment Revenue will be generated using the development scenarios proposed by the City and MDC, in consultation with property owners within the Linder District, as well as information from ACHD. The Economic Feasibility Study assumes a minimum of 10% annual revenue allocation area proceeds, or TIF revenue, in the amount of$25,000 in year 2022, and thereafter at $50,000/year, will be used for administration of the Linder District, supplemented by inter-district loan proceeds in the early years of the term. That amount of District Operating Expenses is 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 "Linder District TIF Projections" and "Linder 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 The land currently located within unincorporated Ada County will be annexed into the City prior to development occurring. Page 105 Item#1. 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 Capital Cost of Improvements over the life of the project: $7,000,000 (City and consultants' estimates, including ACHD estimates related to the southern approach to the Linder District Overpass) o Interest costs to support the anticipated Owner Participation Agreements related to the Sewer Main and Local Roadway Projects o $1,500,000 reserve to fund the southern approach to the Linder Overpass Project 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. Page 106 Item#1. I I NAVIGA `VERB TOR U I I FH� �VERBi NA I I I I JgC�sH' iSILVEI�F> SALMON<< 00 00000000000000000 00 000000000 000 00000 0000000 0000 00000o p 0 0 TASA 00 m ' �m q V/s DUTCH FARM W41, E R!LwkN R!D Y WINDY p �Aq R/IDGE z a �0 GH WI;E OHOrH- y�9 2 gMER16AN n CO W ORH T��dFyo.0�fORK FLUr%n Qq�\ Legend Linder District URD District Improvements Q Existing urban Renewal District o o Linder Road Approach Parcels -— E/W Local Roadway N —W=L -MO NTER D Projects by Others 000 Sewer Mainline • • ■ Roadway Note:Location of district Linder Road Bridge improvements subject to - change. �VAL=\STA-�-__ 0 250 500 1,000 Feet Page 107 Item#1. Linder District TIF Projections Initial Cumulative Admin Funding for In-City Land Improvem Total Homeow Annual New Construction Increment Levy Tax Cost Capital Value(+8% ent Value Assessed ners' Taxable Year Const. Value Value(I- Rate (. Increment Support Projects/ for 5 yrs (+10%for Value w/o Value inflated at Exemptio Value Base) 10%) Yield (10%)of Debt then 4%) 5 yrs then ag values n 5% TIF* Service 5%) 2021 $ 25,383,880 $ 971,700 $26,355,580 $ - $ - $ - $ 26,355,580 $ - 0.0053 2022 $ 27,414,590 $ 1,068,870 $28,483,460 $ - $ - $ - $ 28,483,460 $ 1,651,380 0.0053 $ 9,743 $ 974 $ 8,769 2023 $ 29,607,758 $ 1,175,757 $30,783,515 $ 10,000,000 $ 10,000,000 $ - $ 40,783,515 $ 13,951,435 0.0053 $ 82,313 $ 8,231 $ 74,082 2024 $ 31,976,378 $ 1,293,333 $33,269,711 $ - $ 10,500,000 $ - $ 43,769,711 $ 16,937,631 0.0053 $ 99,932 $ 9,993 $ 89,939 2025 $ 34,534,489 $ 1,422,666 $35,957,154 $ 11,025,000 $ - $ 46,982,154 $ 20,150,074 0.0053 $ 118,885 $ 11,889 $ 106,997 2026 $ 37,297,248 $ 1,564,933 $38,862,180 $ - $ 11,576,250 $ - $ 50,438,430 $ 23,606,350 0.0053 $ 139,277 $ 13,928 $ 125,350 2027 $ 38,789,137 $ 1,643,179 $40,432,317 $ 20,000,000 $ 32,155,063 $ - $ 72,587,379 $ 45,755,299 0.0053 $ 269,956 $ 26,996 $ 242,961 2028 $ 40,340,703 $ 1,725,338 $42,066,041 $ - $ 33,762,816 $ - $ 75,828,857 $ 48,996,777 0.0053 $ 289,081 $ 28,908 $ 260,173 2029 $ 41,954,331 $ 1,811,605 $43,765,936 $ - $ 35,450,956 $ - $ 79,216,893 $ 52,384,813 0.0053 $ 309,070 $ 30,907 $ 278,163 2030 $ 43,632,504 $ 1,902,185 $45,534,690 $ 20,000,000 $ 57,223,504 $ - $ 102,758,194 $ 75,926,114 0.0053 $ 447,964 $ 44,796 $ 403,168 2031 $ 45,377,805 $ 1,997,295 $47,375,099 $ - $ 60,084,679 $ - $ 107,459,779 $ 80,627,699 0.0053 $ 475,703 $ 47,570 $ 428,133 2032 $ 47,192,917 $ 2,097,159 $49,290,076 $ - $ 63,088,913 $ - $ 112,378,989 $ 85,546,909 0.0053 $ 504,727 $ 50,000 $ 454,727 2033 $ 49,080,633 $ 2,202,017 $51,282,651 $ 20,000,000 $ 86,243,359 $ - $ 137,526,010 $110,693,930 0.0053 $ 653,094 $ 50,000 $ 603,094 2034 $ 51,043,859 $ 2,312,118 $53,355,977 $ - $ 90,555,527 $ - $ 143,911,504 $117,079,424 0.0053 $ 690,769 $ 50,000 $ 640,769 2035 $ 53,085,613 $ 2,427,724 $55,513,337 $ - $ 95,083,303 $ - $ 150,596,640 $123,764,560 0.0053 $ 730,211 $ 50,000 $ 680,211 2036 $ 55,209,038 $ 2,549,110 $57,758,148 $ 20,000,000 $ 119,837,469 $ - $ 177,595,616 $150,763,536 0.0053 $ 889,505 $ 50,000 $ 839,505 2037 $ 57,417,399 $ 2,676,566 $60,093,965 $ - $ 125,829,342 $ - $ 185,923,307 $159,091,227 0.0053 $ 938,638 $ 50,000 $ 888,638 2038 $ 59,714,095 $ 2,810,394 $62,524,489 $ - $ 132,120,809 $ - $ 194,645,298 $167,813,218 0.0053 $ 990,098 $ 50,000 $ 940,098 2039 $ 62,102,659 $ 2,950,914 $65,053,573 $ 20,000,000 $ 158,726,850 $ - $ 223,780,422 $196,948,342 0.0053 $ 1,161,995 $ 50,000 $ 1,111,995 2040 $ 64,586,765 $ 3,098,459 $67,685,225 $ - $ 166,663,192 $ - $ 234,348,417 $207,516,337 0.0053 $ 1,224,346 $ 50,000 $ 1,174,346 2041 $ 67,170,236 $ 3,253,382 $70,423,618 $ - $ 174,996,352 $ - $ 245,419,970 $218,587,890 0.0053 $ 1,289,669 $ 50,000 $ 1,239,669 $110,000,000 $11,314,978 $ 724,193 $ 10,590,786 Page 108 Item#1. Assumptions: Land Values inflate at 80/u per year for 5 years then at 4%for remainder of the term Improvement Values inflate at 100/6 per year for 5 years then 50/o for remainder of the term Property tax income available in year following Certificate of Occupancy Tax rate reduced by 10%then held constant Administrative costs capped at$50,000 per year * 10%of TIF Yield dedicated to Administrative expenses,supplemented by inter-district loan in early years of term Page 109 Item#1. Linder District Cash Flow Analysis 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 Beainnina Balance $ - $ 50,000 $ 34,743 $ 42,056 $ 41,988 $ 43,373 $ 42,650 $ 47,606 $ 46,687 $ 55,757 $ 53,721 Source of Funds Total Revenue Allocation $ - $ 9,743 $ 82,313 $ 99,932 $ 118,885 $ 139,277 $ 269,956 $ 289,081 $ 309,070 $ 447,964 $ 475,703 MDC Inter-District Loan• $ 50,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - Total Funds Available $ 50,000 $ 59,743 $ 117,056 $ 141,988 $ 160,873 $ 182,650 $ 312,606 $ 336,687 $ 355,757 $ 503,721 $ 529,424 Use of Funds District Operating Expenses $ - $ 25,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 $ 50,000 Repay Inter-District Loan @ 50/. $ - $ - $ 25,000 $ 25,000 $ 2,500 $ - $ - $ - $ - $ - $ - Reserve for Linder Overpass $ 25,000 $ 25,000 $ 50,000 $ 50,000 $ 100,000 $ 100,000 $ 150,000 $ 175,000 OPA Debt Service on$5,500,000 $ - $ - $ - $ 40,000 $ 40,000 $ 165,000 $ 140,000 $ 150,000 $ 250,000 $ 250,000 Total Use of Funds $ - $ 25,000 $ 75,000 $ 100,000 $ 117,500 $ 140,000 $ 265,000 $ 290,000 $ 300,000 $ 450,000 $ 475,000 Ending Balance $ 50,000 $ 34,743 $ 42,056 $ 41,988 $ 43,373 $ 42,650 $ 47,606 $ 46,687 $ 55,757 $ 53,721 $ 54,424 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 Total Beainnina Balance $ 54,424 $ 59,151 $ 62,245 $ 53,014 $ 48,225 $ 47,730 $ 46,368 5 46,466 $ 58,461 $ 547,807 Source of Funds Total Revenue Allocation $ 504,727 $ 653,094 $ 690,769 $ 730,211 $ 889,505 $ 938,638 $ 990,098 $ 1,161,995 $ 1,224,346 $ 1,289,669 $ 11,314,976 MDC Inter-District Loan $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 50,000 Total Funds Available $ 559,151 $ 712,245 $ 753,014 $ 783,225 $ 937,730 $ 986,368 $ 1,036,466 $ 1,208,461 $ 1,282,807 $ 1,837,476 $ 11,364,976 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 $ 975,000 Repay Inter-district Loan @ 5% $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 52,500 Reserve for Linder Overpass $ 200,000 $ 200,000 $ 200,000 $ 225,000 $ 1,500,000 OPA Principal $ 250,000 $ 400,000 $ 450,000 $ 460,000 $ 840,000 $ 890,000 $ 940,000 $ 1,100,000 $ 685,000 $ - $ 7,050,000 Total Use of Funds $ 500,000 $ 650,000 $ 700,000 $ 735,000 $ 890,000 $ 940,000 $ 990,000 $ 1,150,000 $ 735,000 $ 50,000 $ 9,577,500 Ending Balance $ 59,151 $ 62,245 $ 53,014 $ 48,225 $ 47,730 $ 46,368 $ 46,466 $ 58,461 $ 547,807 $ 1,787,476 Page 110 Item#1. Linder District Cash Flow Analysis Assumptions Initial District Start-up costs supported by MDC Inter-district Loan of$50,000 to be repaid at 5°/u Simple Interest 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 a rate of 10%for 5 years then at Sa/o over the remaining life of the District $1,500,000 reserve for Linder Overpass Contribution accrued over 12 years Debt Service for$5,500,000 infrastructure investment reimbursed through an Owner Participation Agreement(OPA)over 16 years $1,787,476 Fund Balance at end of term-possible accelerated OPA Reimbursement or early District termination Page 111 Item#1. Attachment 6 Agricultural Operation Consents [Exhibits B and C Were Originally Attached to Each Consent; To Avoid Duplication and to Reduce Document Size Exhibits B and C Are Attached One Time to the Last Consent] Page 112 Item#1. AGRICULTURAL OPERATION CONSENT FORM COMES NOW David E. Blewett, Manager of Kendall Development Group LLC, an Oregon limited liability company, as Manager of Idaho Auto Mall LLC, an Oregon limited liability company("Owner"), owns that certain property generally described as Parcel Identification Number S 1214449107 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 April 2021, entitled Ten Mile—Linder Urban Renewal District Eligibility Report, prepared by Kushlan I Associates and as attached hereto as Exhibit C. Further, David E. Blewett, Manager of Kendall Development Group LLC, as Manager of Idaho Auto Mail LLC,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. DATED this=day of A , 2021. IDAHO AUTO MALL LLC By: Kendall Development Group LLC Its: Manager Na e: David >s. Blewett Title: Manager Page 113 Item#1. STATE OF IDAHO ) ss COUNTY OF ADA ) On this 27" day of August,2021, before me, a notary public, personally appeared David E. Biewett, known to me or proved on the basis of satisfactory evidence to be the per5on{5) whose name is subscribed to this document, and acknowledged he executed the same as Manager of Kendall Development Group LLC, the Manager of Idaho Auto Mall LLC. Witness my hand and official seal. JOANNA 4tARBEST4N Notary Pub -State of Idaho Commission Number 20202567 My Commission Expires Jul 24, 2025 NOTA Y PUBLIC in and for said County and State Page 114 Item#1. EXMBIT AA PARCEL NUMBED: SI?144491 07 ADDRESS: 1690 W. Overland Rd Page 115 Item#1. EXHIBIT A LEGAL DESCRIPTION Page 116 Item#1. Legal Deseriptio Kendall - Overland and Linder Property A parcel tieing a portion of the SE '/4 of the SE '/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows' Commencing at a Brass Cap monument marking the southeast corner of said Section 14, from which an Aluminum Cap monument marking the southwest corner of the SE %of said Section 14 bears N 89'19'41" W a distance of 2661.68 feet; Thence along the southerly boundary of said SE '!4 of the SE 1114 N 89"19'41"VV a distance of 76.61 feet to a point; Thence leaving said southerly boundary N 0°40'19" E a distance of 51.00 feet to a 5/8 inch diameter rebar on the northerly right-of-way of W. Overland Road as shown in Warranty Deed Instrument No. 106137107, records of Ada County, Idaho, and the POINT OF BEGINNING; Thence along said northerly right-of-way N 89°19'41" W along a line; being parallel to and 51,00 feet northerly of the southerly boundary of said SE X, of the SE '/4 a distance of 458.45 feet to a 518 inch diameter rebar: Thence continuing along said right-of-way S 0°40'19" W a distance of 3.00 feet to a 518 inch diameter rebar on the northerly right-of-way of W. Overland Road as shown in Warranty Deed Instrument No. 110022694, records of Ada County. Idaho Thence along said northerly right-of-way N 89'19'41" W along a line being parallel to and 48 00 feet northerly of the southerly boundary of said SEA of the 5E X, a distance of 388.83 feet to a 5/8 inch diameter rebar; Thence leaving said northerly right-of-way N 0"40'19" E a distance of 1041.05 feet to a 'J2 inch diameter rebar on the southerly right-of-way of Interstate 84 as shown in [Teed Instrument Nos. 570841 and 663257, records of Ada County, Idaho; Thence along said southerly right-cf-way 3 89°36'31" E a distance of 275.30 feet to a Brass Cap monument; Thence continuing along said southerly right-of-way N 8730'50" E a distance of 335,13 feet to a point on the westerly boundary of that parcel as described on Rage 2 of 3 of Exhibit A of Warranty Deed Instrument Nos 106056918 and 106070020, records of Ada County, Idaho; Thence along said westerly boundary S 0°32'59" W a distance of 286.05 feet to a '/a inch rebar; Thence S 8W57'34" E a distance of 243,86 feet to an Aluminum Cap monument on the westerly right-of-way of S. Linder Road as shown on Page 1 of 3 of Exhibit A of said Warranty Deed Instrument Nos. 106056918 and 106070020; Thence along said westerly right-of-way S 5°44'46" E a distance of 152.76 feet to a 1/2 inch diameter rebar marking an angle point in said westerly right-of-way as shown in said Warranty Deed Instrument No- 1 06 1 371 07: Kendali Overland and Linder Properly cl�i J Ll"t'!CJJ Job NO, 19-72 lY �x 4 Suwcywq rnu irlEuxing Pane 1 of 2 Page 117 Item#1. Thence continuing along said westerly right-of-way S 0°32'5W W along a line being parallel to and 51 M feet westerly of the easterly boundary of said SE '/4 of the SE 1/4 a distance of 598.69 feet to a 518 inch diameter rebar; Thence continuing along said right-of-way S 47020'54" W a distance of 34.98 feet to the POINT OF BEGINNING. This parcel contains 19.25 acres and is subject to any easements existing or in use Clinton W. Hansen, PLS Land Solutions, PC \o Op,L LAN&� September 31 2019 CD0 7' � CL l(l Lan d S col ix !tJ1't W Kendall pveriand and Linder Property �__.. l.arra suncyin3 are[ar.wt�p Job No.19-72 Page 2 or 2 Page 118 Item#1. AGRICULTURAL OPERATION CONSENT FORM CONIES NOW Soo W. Lee, an Individual, and states that Individual, owns that certain property generally described as Parcel Identification Number S 1214346705 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 April 2021, entitled Ten Mile—Linder Urban Renewal District Eligibility Report,prepared by Kushlan I Associates and as attached hereto as Exhibit C. Further, Soo W. Lee, an Individual,hereby provides 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. DATED this 10 day of f 2021. So . Lee An Individual STATE OF IDAHO } } ss: County of Ada } On this 10th day of August 2021,before me, a Notary Public for the state of Idaho, personally appeared Soo W.Lee,known or identified to me to be the person who executed this instrwnent. tCOMbEI8SION1 My Commission Expires on 1, 020182077 %� OF � �� Page 119 •i+move Item#1. EXHIBIT A PARCEL NUMBER 81214346705 ADDRESS West Overland Road, Meridian, Idaho DESCRIPTION PAR#6705 N'LY &E'LY POR SE4SW4 S OF INTERSTATE SEC 14 3N 1 W PARCEL 2 R/S 4360 EXC R/W #345072-B SURVEY RECORD RECORDOFSURVEY 13 1"a., s+rwrra urrnt aannuar�.ur rnt mcarrre tsr f or atGnm ra rewxgrlr J!+a? �Wo,1wrsr."151!'&,,Waim Muxrr,lamargoa i4 li EWS15 4F CE"AIPINGS: nos 269® iFc6raD: rwfa.,�n w nri.on � � roro�rew nr G n4'-VA 00 ry7'— NW 1/4 Ik SW 1/4 NE 1/4 r� �--nrranr I I $URVErDR'S CEpTh4?cArE 1 l caArrx sum � � 1"r�'r"' "`���w i I M R sr ne' r .wan c+e�.� w+ aw na uo wne�nx SURVEY FDM�� j r ,�77 al k I T e orr: I I SWIM."! 4 g SYl'!I rrSh 7/44w eonnaa.,rnr J rr.0 a sous a fawr.aw AKY 40 rsC �r�¢Qd urv@yrnq 1 14 X Land 51111 inq X. 404 Sa,w�Mnaren A7 Fmmrrt 041-4 46 y7 73 arrRUND l%�p�'n-`°t n R'�' , N),]6!-ir" Far. Jd9-Yra1 Page 120 Item#1. AGRICULTURAL OPERATION CONSENT FORM COMES NOW Michael S. Adler,President of Adler Industrial,LLC, and states that Adler Industrial, LLC serves as Manager for Adler AB Owner I, LLC, a Delaware Limited Liability Company, which owns that certain property generally described as Parcel Identification Number S 1214438600 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 Ten Mile—Linder Urban Renewal District Eligibility Report,prepared by Kushlan I Associates and as attached hereto as Exhibit C. Further, Michael S. Adler, President of Adler Industrial, LLC, Manager for Adler AB Owner 1, LLC hereby provides 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. DATED this day of LW2021. Adler AB Owner I, LLC A Delaware Limited Liability Company By: Adler Industrial, LLC Its: Manager �hu or� Michael S. Adler President Page 121 Item#1. STATE OF IDAHO ) ) ss: County of Ada ) This record was acknowledged before me on Auger, ZOat (date)by Michael S, Adler(Signer),known or identified to the to be the President of Adler Industrial,LLC (Constituent Entity),the Manager of Adler AB Owner I, LLC(Maker),who subscribed said Maker Entity's name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said Constituent Entity,and that such Constituent Entity executed the same in the name of said Maker Entity. (stamp) aLK ,%6§111"'•,,, Notary Public �•.•``•� `�; : ;1',F-�'•., My Commission Expires on 04-1 OR I ao 1 A r` S _.� %�,PUBLIC i Page 122 Item#1. EXHIBIT A PARCEL NUMBER S1214438600 ADDRESS 2090 West Overland Road, Meridian, Idaho DESCRIPTION PAR#8600 OF SW4SE4 SEC 14 3N 1 W #438423-B E L 9di 55 8d.i ID-55 N ' W 07ERLAND RD s _ 5 44�, l 5� 6 , W Page 123 Item#1. AGRICULTURAL OPERATION CONSENT FORM COMES NOW Michael S. Adler,President of Adler Industrial, LLC, and states that Adler Industrial,LLC serves as Manager for Adler AB Owner 1,LLC, a Delaware Limited Liability Company, which owns that certain property generally described as Parcel Identification Number S1214438420 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 Ten Mile— Linder Urban Renewal District Eligibility Deport,prepared by Kushlan I Associates and as attached hereto as Exhibit C. Further,Michael S. Adler, President of Adler Industrial, LLC,Manager for Adler AB Owner 1, LLC hereby provides 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. DATED this . day of .- 1 ,2021. Adler AB Owner I, LLC A Delaware Limited Liability Company By: Adler Industrial, LLC Its: Manages Michael S.Adler President Page 124 Item#1. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Stag of California County of Los Angeles) On August 23, 2021 before me, Andrea Myers, Notary Public - (insert name and title of the officer) personally appeared Michael S. Adler, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ANDREA MYiRs Commission No. 2224933 (bw NOTARY PUSLICCALIf�oOM LOS ANGELES COUNTY OMMT.EXO M JMUARY 7,2W W rnri ruryun n Signature (Seal) Page 125 Item#1. EXHIBIT A PARCEL NUMBER S1214438420 ADDRESS 2390 West Overland Road, Meridian, Idaho DESCRIPTION PAR#4200 @ W SIDE SW4SE4 SEC 14 3N 1 W R/S 4746 #8416-B RECORID OF SU RVET ROOrc - PAc[�, ipLNe 3lA• A.P[H VITI �w u- yg4���9J vELLaY PLpSrIC pP—AID •:....• !Qadrc//ilrJ cr.P.as..xx—1— N rau�E:igw"I.,ATC-7-vcr SINE L fOwA sra orw P1x u1rR BASIS W BEARING AT rpwstk t-e. XIGWAT RStgl101 a2g3^90 KLspw Ra3FlC CnP w.MEp spYrx AIGxT-�-war Lwt x rc Pi.g.cg]3 iNIERSraIE H[ERVAr GwrYxBER 1-Ai s 89•]a']1'E 3]p63p' Sf4 I 21]AY ]WPI Z CUND IBpwp 9iA2 xlGxvai I 39Y[H RtGHr-OF-war LIK s s SCUE', I'+1©' ar xpapExr ar IpA I IWWIerR MTEMMTE xfGnvgr *]ryMP�STaTIlN d .r rpI I • CW F PLW[NY]P 2b I rlaAui rnnx I B Fp]xp xlpxuar eiu EAe33 Gu 1 : FEAY1p 8RA4[pP rfl iowp va'Ixm Plx I i B M 1.14�4A I REFERENCES; a Fnuw ReILAtIAB svlrcr [EWP Hr SYRVFv txSIRYREHI�, sir pia a a�IRna Pen AECOA1 pF SLRVET lxtrRJnOnr xp.93t8150 Ar I/2 q 2p•TRW Pln ^ A8100 a,SIR ET EHSiWlxfxi Np.E955139 rqr' ai PP MNL ug I AECGTp3 pF SINvv ItiSILINS1AYxENT NP.Seixr EgsiarE ra 6 sECWx I I xlpxVAr]�1 If-pa rpR W PPREry LIRE �mI NOTE: exP 1 rrcxc�i.]N�L x13 AECORp tx nwv[T gwAZSE—1lgnxa I w_PImI ASH'g1s1T CERTIFICATE 9F SURVEYOR E III n u u �3I� ti.wao rm aiwr q.dm a+rarx. WpA mE swr.cgsr caeca pP -L-D r-uai L➢c gELi[pn 1a.N, R.1 v„8x pr pv[ALaxp ApaA CTl/-INSr. a 682516a RECORDING INCE% NUMBER 313-14-2-3-0-00-pC E"W'rop VANCE E.AND SANDRd J. JANfCEE s a5.lgax[ Pa.1sa 12N5Lr1 r .Ppap[u M TxE SNrxr 1 1/4 OA-—,A.,V, icna,ra.I ss uP Paz rxE oR.icRp m v sK r C P.AF.]xii_ ]95i8PIREa GGI'rtE>K1xG 6 PvcxLAxP voaP 1'+IAO' ROB85 F A.NUELSON R.L.E. EA NJUJ., RILLS GR, v N RI TAN I AN /� Page 126 Item#1. AGRICULTURAL OPERATION CONSENT FORM COMES NOW Paul R. Blomberg, Trustee of the Paul R. Blomberg Revocable Trust 9-3- 2002 and states that the Paul R. Blomberg Revocable Trust 9-3-2003 owns that certain property generally described as Parcel Identification Number S 1214449021 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 Ten Mile—Linder Urban Renewal District Eligibility Report, prepared by Kushlan I Associates and as attached hereto as Exhibit C. Further, Paul R. Blomberg,Trustee of the Paul R. Blomberg Revocable Trust 9-3-2002, hereby provides 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. I DATED this day of /9L�t w `7`J , 2021. Paul R. Blomberg ` Trustee STATE OF IDAHO J } ss: County of Ada } On this ��day of rm 1 2021,before me, a Notary Public for the state of Idaho,personally appease P ul R. Blomberg, known or identified to me to be the Manager of the Paul R. Blomberg Revocable Trust 9-3-2002,who executed this instrument in his capacity as Trustee. .gip .{pTA 'Q ary ublic ommission Expires on \d IMION r v282077 tp r +*�'��;---� '�'��• Page 127 s OF ��ifee Item#1. EXHIBIT A PARCEL NUMBER S1214449021 ADDRESS 1940 West Overland Road, Meridian, Idaho DESCRIPTION PAR#9021 OF SE4SE4 SEC 14 3N 1 W R/S 2412 EXC R/W #449020-B SURVEY RECORD RECORD OF SURVEY NO. , #/Z p 1W 50 ➢ IW Mn 3[q Y ux„ m xuwuu ev aCALE IX REi l7 LEGEND 4dIp16TA3E M S ea.nd awn Un 3a'R•as nla Fm+ud De0 x 85�3'Y9Y — �e�,xaa d Fend 5/Pe dnRld ---be.��`"'� --��s.3o •a.-ao".m ---- Forma,/r.+d•Im. Rwnpry.h. Sclb�+I�• I it RI I ``I I L2R7'IFlCAT! d•8LlRVlYOR 1 ! IL,aNdIQr4� aEp4 I,Nx>•d ny!Ms SNw or tddpa ar•d RtllQolltt thla a! I Ar mep hed Eden y di..d from an detuel+thd t 1. en en. ground under my direct eupeMebn,and th4t thle mep fe m. u M nvw+•ni Ilan bf edW w.wv,and I•In cenfwmR +m10,btu w,_ I.d!h9 G4mdr pYpdtaatlon 12E Fl fnQ 1h,Stt.—p}IdnhO Code 59-16Q7 through SS-Ib12 and to the Idaho Gade I IR redalbp t4 3u+wp. II I� WISh"E,harks,L-5, = p 41CMM Na 4996 1 I STATE T OF IDAH5O.'d COUNTY OF ApA, 55 I Y INSIRIXIEN Fltfb F�RELAM Ai hC R__E4llEST 9F I EL fA LZ NN.pAg7 3 a'cLoea[_u,nnr ! I OF tfa3 JJt—�D NAVMM A"%FR e"eiA' v u RECORDING INDEX NO.314-14-2-2-0-00-00 13YJ.86 n4�4]--- p33.e4 q - a�X qM ELI90 OWE7L MAIDS St1RVETING PORfIC'OF THE SE+/4 4F THE SE 1/4 ,me naeno 14aaer. nxo mw GMW 14.4.A..R.1wr..D.N OE9nH: n— LX— 1—0- - h. LAAYdN6 X0.: aMCX,1R83 Page 128 Item#1. AGRICULTURAL OPERATION CONSENT FORM COMES NOW Jan Brennan,Manager of 5B 1031 LLC, an Idaho Limited Liability Company, and states that 5B 1031 LLC owns that certain property generally described as Parcel Identification Number S1214346905 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 NOT 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 Ten.Mile—Linder Urban Renewal District Eligibility Report,prepared by Kushlan I Associates and as attached hereto as Exhibit C. Further,Jon Brennan, Manager of 5B 1031 LLC, hereby provides consent ai1d 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 ajnended, and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended,as the property possesses certain characteristics of eligibility. DATED this 20th day of August , 2021 J rennan anager STATE OF IDAHO } }ss; Colony of-A4a �Qff'w-c } This record was acknowledged before me on ►�}'twa! , doo( (date)by Jon Brennan on behalf of 5B 1031 LLC in his capacity as its Manager. {stamp} TINA M PAYNE N111arr aubttc-stare of Idaho Notary Public Commission Number 60473 rMV Commission Expires Nov 2,2024 My Commission Expires on Od Page 129 Item#1. EXHIBIT A PARCEL NUMBER S1214346905 ADDRESS 2960 West Dutch Farm Road, Meridian, Idaho DESCRIPTION PAR#6905 @ SW COR SE4SW4 SEC 14 3N 1 W PARCEL I R/S 4360 EXC R/W #346610-B SURVEY RECORD RECORD OF SURVEY N0.41-:36t1 SfR dO 100 FW SOU09AST!Is Of THE SOUNWOr 114 OF SEGryOk 04 70WNSMP]NOR RANGE f wYSr, B&SE 1rC,¢ wf + :$ AW COLWTY, MAHM "e`v snsrs aF aAlzrru�5. 73 74 san,mr r.ms a�;w a r'r nao,rur sr,vF LEGEAIR' ® IGY110•6t7 PV ApINOi1 • mw ao ww ire k a m qr rear ere mare w cwr nx wn HW 1/4 Mararuef SW 1/4Nr 1/4 ®uwe air SW 1/4 „E ! I r A".saa FEFT SURVEYOR'S rERT1FICATE f ` 9R*"FW SCALE r eeoemav awn a xmx vac bus xatinn'c� "rt" J — — — — — — — ............ — _ SURVEY FOR Y.r _ ——_—_—_ — 6A7& s It>tdY'SY C NWRiFd]PA ro ` �xem-a��wr ecMCYaxr J 7� asa�n ea uv�ia w�J�r xID &I ,9 NOTE: SY.11/4 SE 1/4 `+v nvs s ua�wa�4 I I SW 1/4 SN'7/4 A aeaa.Q�meor..v ei saavr aril u . =..WS �. Aw"Dwc ALL pare .mcE o OF t rsc er-LmL urveying �y 2 19 K Land Sur eyinq a s,naF �_ p f0!���Sv�. i4bshmQtart A— � rsfTY r tWwf�� fJ h.1dCllp 9T61T t3 14 2W1 *pw 32 2S !OYEBGM'D RQAO� —.. 14 Fax= .3G6-+v$.7 K erve•�r s+,�w• ES ➢LYY llb.FIhIi��Y�ID-W AB Nx 9SCU9 Page 130 Item#1. 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 131 Item#1. 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 132 Item#1. 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 133 Item#1. 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 134 ttem# . EXHIBIT C Linder Urban Renewal District (Proposed) Eligibility Report Prepared for The City of Meridian and The Meridian Development Corporation May 2021 planning and managemeni se—ices Kushlan I Associates Boise, Idaho 11Page Page 135 Item#1. 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")and the City of Meridian(the"City")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 1 Throughout this Study,urban renewal/revenue allocation area will be referred to as an"urban renewal district." 2 1 P a g e Page 136 Item#1. Staff: Urban Renewal Administrator: Ashley Squyres Legal Counsel: Todd Lakey Map of the Downtown District (excluding shaded area) W CHERRY LN E FAIRVIEW AVE 4 z if 7 m UNE BE4RING M7ANCE L1 N 00'33'11"E 639.69' fl D LZ 5 88°4224"E 380.05' L3 N 0r33'15"E 336.24' L9 5 88°38 29"E 464.82' o L5 5 012154"W 978.29' L M 8B°3019"W 831.04' m m m m N W A Gn o O 2 3 WFINE AVE ° E PINE AVE L4 W IDAHO AVE W BROADWAY AVE ,Poe --a,- .:N,—= RAIL ROAD �YVI r W FRANKLIN RD f1/I6 R 9°32'43"W 12 I T E FRANKLIN RD 1328.12' 13 18— I M N f?t X a_ Q n z y 0 i z�x w�� "' E 11574 2 1jFOF � � BBACi NTS INTERSTATE 84 3 Page Page 137 Item#1. Map of Union District IJNZC ry DBMICr CTf Y OF MEMIAN,ADA COUNTY,IDAHO E pI NE AVE x z m m A p A p z Q 4 E IDAKO AVE M ' i s ............._E...._3 Ull E 13ROADWAY.AVE 3 ' ;.aTotJ r}rslal�a � sfS46,mEs #E a ..-_ ui I _s iii E FRANKL9N RU13' 173d.71' 88NG N I5 PRvfELM OWNEWORROPM 2aW5.WASILUNGFON AVE. DWG4 UNION DISTRICT � JP . r'tt o-r, s.�t� 12C.31a-Cx ANNEXATION EXHIBIT BILLTRIIAX p; .�� pPny=F MER113"N ID ` f:�2dB 39&�EC15 126D18 SEC, 7, T3N, R1E. B. 21&91C$731 941T ADA COUNTY, IDAHO �r�o3p ---miry,L�-r: WW W_CAWTOUOJS.COM r of 1 4 � Page Page 138 Item#1. Map of Ten Mile Road District � a � Franklin G% Crest Wood I . -'J a Gteenhead KOva C r) H Pintsif 1 Q Bayeux �°k Co°ry Gander Waltman Brown a `m Trout a` 1° N p �'c �Eider J J Verbena J �ksniPe - — _ Iritersta'te 134 Legend NOya i i Fen Mele Specffx Area Ran N asa Silver7erraoe Revenue AlbcaknArea r Farm roy ..Thorn Overland o soo t,000 e O reel 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 tog' 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 1970 the pace of growth in Southwest Idaho quickened and Meridian's growth initially reflected, and then exceeded 5 1 P a g e Page 139 Item#1. 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 their fourth 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 2o16 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- 6 1 P a g e Page 140 Item#1. annexed from the original Downtown District to support a significant mixed use-project. The Linder Road urban renewal district is being considered in further support of the implementation of Ten Mile Interchange Specific Area Plan. Ten Mile Interchange Specific Area Plan The Idaho Transportation Department initiated planning for the development of a new interchange with Interstate 84 at Ten Mile Road in the 199os. Construction of the interchange was completed in 2012. In support of the State's investment and in anticipation of the resultant development pressure from the opening of the new interchange on the area immediately west of the Meridian City limits, the City initiated a broad-based planning effort for the general area. The Plan that was produced was the Ten Mile Interchange Specific Area Plan and was adopted by the City Council on June 19,2007. The Plan remains in effect and is intended to guide development decisions within the study area. A map of the Ten Mile Interchange Specific Area Plan is provided below: Legend NEENNEW As indicated in the Plan map, substantial public infrastructure is called for in implementing the development pattern envisioned. Development opportunities considered for the area covered by the Plan were insufficient in scale to support the required public facility investment. This imbalance had thwarted the orderly implementation of the planning undertaken by the City and the property owners. This lack of progress stimulated the interest in exercising the powers granted under State Law in the establishment of the Ten Mile District in 2016. A similar situation exists in that portion of the Specific Plan area located south of I-84,generating the desire on the part of City officials in considering a new urban renewal district to stimulate the envisioned development activity similar to the successful response north of the freeway 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 7 1 P a g e Page 141 Item#1. 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 L50-2018(9) and 50-2903(8)(b); 50-2903(8)(c)] 2. Age or Obsolescence 150-2018(8) and 50-2903(8)(a)] 3. Predominance of Defective or Inadequate Street Layout 150-2018(9) and 50-2903(8)(b)] 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 [50-2018(9) and 50-2903(8)(b)] 6. Diversity of Ownership [50-2018(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 [50- 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 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 8 1 P a g e Page 142 Item#1. a revenue allocation area first formed or expanded to include property on or after July 1, 2020(including taxes levied on the base and increment values),which would apply to this proposed district, if formed. However,ACHD and MDC may enter into an agreement for a different allocation, which agreement shall be submitted to the State Tax Commission and to the Ada County Clerk by ACHD as soon as practicable after the parties have entered in the agreement and by no later than September 1 of the year in which the agreement takes effect. In the case of the Linder 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 • 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 those properties 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. 9 1 P a g e Page 143 Item#1. Description of the Linder Study Area: The Study Area subject to the current review is generally located on the east side of Ten Mile Road,primarily south of the Interstate 84 right-of-way, north of Overland Road and west of what would be an unimproved section of Linder Road.All properties included are within the boundaries of the Ten Mile Interchange Specific Area Plan. The Study Area consists of twenty (20) tax parcels ranging in size from 0.34 acres to 28.67 acres. The eastern portion of the Study Area north and south of I-84 lies outside the corporate limits of the City of Meridian, within unincorporated Ada County, but within the City's Area of City Impact. Unless the unincorporated parcels are annexed into the City prior to the creation of the urban renewal district, an intergovernmental agreement between the City and Ada County will be required to allow the creation of the District to proceed to include area outside the City. The size and value information presented in Table 1 was derived from the Ada County Assessor's on-line parcel information system. The current taxable value of the portion of the Study Area located in unincorporated Ada County, represents exceptionally low assessed values as compared to the more developed area in the westerly portion of the Study Area located within the corporate limits of the City of Meridian. Land values in the more developed, commercially zoned areas range from $4.00 to $6.00 per square foot. The agricultural lands reflect a current assessed value of$.02 per square foot consistent with assessed values assigned to agricultural properties north of I-84. Linder Urban Renewal District Study Area Potential Future URD: Overland—Ten Mile to Linder ((gg f a. ..Y• •.•.�ii-ttt �i.................... s.gi.o �" •q• � � , m 0 0 m "x �L eukn°i� Ov¢rlPyynd o I A, 8• `8 8 t' Ten Milo and Overland URD 10 Page Page 144 Item#1. Table i Ownership Acreage Land Value Improvement 202o Taxable Parcel# M Value Value I I I I I S1223233820 Cabra Creek LLC 4.07 $7o8,600 $o $708,600 S1223223255 Cabra Creek LLC 9.05 $737,400 $o $737,400 S1223233670 Cabra Creek LLC 11.28 $g18,800 $o $g18,800 S1223223010 Cabra Creel LLC 28.67 $1,773,500 $0 $1,773,500 S1223212620 Cabra Creek LLC 2.69 $241,800 $o $241,800 S1214336375 Cabra Creek LLC 6.56 $1,143,400 $o $1,143,400 S1214336415 I Cabra Creek LLC I 5.88 I $1,025,200 $o $1,025,200 S1214336loo Cabra Creek LLC I 4.9 I $,1280,900 $o $1,28o,9oo S1214336350 I Cabra Creek LLC I 6.13 I $1,6o1,600 $o $16o,1600 S1214336450 Cabra Creek LLC I 0.34 I $59,900 $0 1 $59,900 S1214346705 Lee,Soo I 26.22 I $18,1oo $o $18,ioo S1214346905 151)1031 LLC I 4.78 I $296,1oo $0 $296,1oo S1214346905 Adler,AB LLC I 4.96 I $4,200 1 $333,600 $337,800 S1214438600 Adler,AB LLC I 25.27 I $25,500 1 $0 $25,500 S1214438705 Michael Seabolt I 0.93 I $175,100 1 $146,1oo $321,200 S1214449021 I P. Bloomberg Tr. I 9.74 I $8,9oo 1 4265,000 $273,900 S1214449107 Idaho Auto Mall I 19.33 I $17,500 1 $227,000 1 $244,500 R71928o0710 Hk&M LLC I 1.12 I $163,000 1 $149,500 $312,500 R7192800700 Bird,Michael I o.96 I $155,700 1 $154,300 $210,000 R7192800676 Towns,Larry I o•96 I $175,100 1 $172,700 I $247,800* Total Linder Study Area I 173.84 I $10,530,300 I $1,448,200 I $11,978,500 • Note: These acreages are exclusive of adjacent public rights-of-way for Ten Mile Road,West Overland Road, Linder Road, South Jersey Way,West Dutch Farm Road, and Tasa Road that should be included in the ultimate boundaries of any district established. Publicly owned properties are assigned no value in Idaho assessments, so including them makes no difference to the value calculation but will slightly increase the ultimate acreage. • Parcels designated by an*are owner-occupied residential properties and thus the taxable value is reduced by $100,0002 in each base reflecting the Homeowner Property Tax Exemption. There are two such properties located north of I-84. Description of the Linder Study Area: As noted in the table above, the Linder Study Area consists of twenty (20) tax parcels. Nearly eighty (8o) acres are under a single ownership located at the westerly end of the Study Area. This area,representing approximately 45.8%of the acreage in the Study Area, is currently zoned for Medium Density Residential and Commercial uses. Full urban services are in place to support development consistent with the City's plan for the area. 2 Based on the adoption of H389,the Homeowner Property Tax Exemption will increase to a maximum of $125,000. This is anticipated to further reduce the base. As the 2021 tax assessments are not yet available, the 2020 data has been used. The 10%analysis will ultimately be revisited in any further urban renewal plan. 111Page Page 145 Item#1. While some transportation and site infrastructure in in place at the western end of the Study Area,water and sewer service is not yet available to serve these parcels. The balance of the Study Area located south of I-84 is undeveloped. The largest parcel located in the easterly portion of the Study Area is 26.22 acres. A similarly sized parcel (25.27) is located nearby. These two parcels remain primarily in agricultural use. The undeveloped portion of the Study Area consists of approximately 91 acres and is located in unincorporated Ada County. These parcels carry an Ada County zoning designation of Rural Urban Transition (RUT) recognizing potential for changing into more active urban uses similar to adjacent properties. Additionally, these parcels are included in the Ten Mile Interchange Specific Area Plan which has been adopted by the City as an element of their Comprehensive Plan. The undeveloped portion of the Study Area consists of seven (7) parcels ranging in size from 0.93 acres up to the larger parcels noted above. The easterly potion of the Study Area also contains four (4) parcels on which single-family residences are located. One residence was constructed in 1913 with the others built in the last 30 years. None of the residences reflect a Homeowner Property Tax exemption suggesting that they are not owner-occupied and do not reflect uses consistent with City planning documents. A derelict section of West Overland Road remains on the property even though a new high-capacity section has replaced it. The old section had served an historic farm located on the site,but all buildings associated with that use have been razed. It has been renamed West Dutch Farm Road and provides legal access to the adjacent parcel but is not improved to current urban standards. An unimproved right-of-way for Linder Road is located on the east edge of the Study Area and is currently used by the adjacent business for the storage of recreational vehicle inventory. That right-of way should be included within the ultimate boundaries of any district created as a result of this review. The recently constructed improvement to West Overland Road abuts the southerly edge of the Study Area. Other than this street, no public infrastructure is in place to support development of the majority(53.4%) of the Study Area. The Ridenbaugh canal bifurcates the extreme southwesterly portion of the Study Area from the balance of the included parcels. The canal extends across the site in an east-west direction at the top of a bench separating the upland potion from the majority of the Study Area. The land within the Study Area,south of I-84 is owned by seven(7)different entities. The western 8o acres are owned by a single entity, Cabra Creek LLC. Six (6) entities own the remaining parcels with just two owners controlling 62% of the 91 acres in the easterly portion of the Study Area. Three parcels are located along Linder Road north of I-84. All three of these are residential properties on large lots in unincorporated Ada County with Ada County R-1 zoning. Each property has an existing residential structure,two built in the early twentieth century,but updated in recent years,and one constructed in 1978. The uses currently in place on these parcels is not anticipated to change under the Ten Mile Interchange Specific Area Plan. 121Page Page 146 Item#1. Images reflecting conditions in the westerly portion of the Study Area J Images reflecting conditions in the easterly portion of the Study Area Analysis of the Study Area: A review of the Study Area reflects a pattern of delayed investment or an area in transition. This is particularly notable given the area's proximity to substantial public investment in the Ten Mile interchange and street improvements to both Ten Mile Road and West Overland Road. The majority of the parcels do not have City utilities and no individual owner or developer has been willing to assume the significant cost to extend those services. The Ten Mile Interchange Specific Area Plan provides a clearly articulated vision for a high-density mixed-use development pattern in this area that would capitalize on the access and utility investments already made by public entities. To date, however, while some planning has been done consistent with the Plan,and limited transportation and site infrastructure has been installed in the west portion of the Study Area,little progress has been made to implement the vision. The Plan calls for substantial investment in public infrastructure throughout the entire Study Area but the market to date has proven incapable of supporting that level of capital cost. It appears as though meaningful progress may depend upon some level of public intervention to support the desired private investment in the balance of the Planning Area to bring the Plan to reality. For the convenience of the reader,the statutory criteria are reiterated,at least one of which must be found to qualify an area for urban renewal activities. Those conditions are: 1. The Presence of a Substantial Number of Deteriorated or Deteriorating Structures and Deterioration of Site or Other Improvements 150-2018(9)and 50-2903(8)(b); 50-2903(8)(c)] 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)] 131Page Page 147 Item#1. 4. Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness; Obsolete Platting 150-2o18(9) and 50-2903(8)(b); 50-2903(8)(c)] 5. Insanitary or Unsafe Conditions L50-2018(9) and 50-2903(8)(b)] 6. Diversity of Ownership 150-2018(9) and 50-2903(8)(b); 50-2903(8)(c)] 7. Tax or Special Assessment Delinquency 150-2018(9) and 50-2903(8)(b)] 8. Defective or Unusual Conditions of Title 150-2018(9) and 50-2903(8)(b)] 9. Results in Economic Underdevelopment of the Area 150-2903(8)(b); 50- 2903(8)(c)] 1o. Substantially Impairs or Arrests the Sound Growth of a Municipality 150-2018(9) and 50-2903(8)(b); 50-2903(8)(c)] Analysis: Linder Study Area Criterion #1: The Presence of a Substantial Number of Deteriorated or Deteriorating Structures; and Deterioration of Site: The historic farmstead previously located in the Study Area has been removed. Of the four remaining structures located south of I-84,one is over one hundred years old but the other three are relatively modern residences constructed in the last 30 years. Two of the structures located north of I-84 were constructed approximately too years ago and have been updated within the recent past. The other residence north of I-84 was constructed in 1978 and appears serviceable for its current and intended use. Since the majority of the structures previously located on the properties have been removed, there is no "substantial number of deteriorated or deteriorating structures" remaining within the Study Area. Therefore, criterion #1 is not met. Criterion #2: Age or Obsolescence: Again, as noted above, the structures that remain south of I-84, were built to serve the historic agricultural use. While the remaining structures are not old, they are not of a nature to support the high-density mixed-use envisioned in the Plan. Therefore, the remaining structures located south of I-84 are obsolete in this context and as such, criterion #2 is met. Criterion#g:Predominance of Defective or Inadequate Street Layout:As noted above,it is recommended to include the Ten Mile Road and West Overland Road rights-of- way within the boundaries of the proposed district. As such,the improvements made to these facilities in recent years appear adequate to serve the anticipated development. However, there are no streets in place to serve the internal development of the relatively large parcels in the eastern portion of the Study Area which represents a majority of the land under consideration. Linder Road between West Overland Road and I-84 is unimproved and not accessible to the travelling public. Implementation of the Specific Area Plan requires circulation throughout the planning area and since no streets currently exist to serve the anticipated interior development to the east, criterion #3 is met. Criterion #4: Faulty Lot Layout in Relation to Size, Adequacy, Accessibility or Usefulness; Obsolete Platting: The parcels in the Study Area are of a size and 141Page Page 148 Item#1. configuration appropriate for the historic agricultural use for which they have been deployed for several decades. However, as the City and region have developed around these properties, the large lots in the easterly portion of the Study Area are not properly configured to accommodate the development pattern envisioned in the Specific Area Plan. A more fine-grained and high-density development pattern is represented in the adopted Plan. Therefore criterion #4 is met. Criterion #5:Insanitary or Unsafe Conditions: Again,given the current agricultural use and general lack of development "insanitary and unsafe conditions" are not present. Therefore, criterion #5 is not met. Criterion #6: Diversity of Ownership: The ownership of the 173.84 acres in the Study Area is in the hands of ten (1o) entities. The westerly 8o acres (45.8% of the entire area) is under a single ownership. The easterly portion (94 acres) is held by eight (8) entities, however 61%of that area is held by two entities. Thus,the vast majority of the Study Area is controlled by only three entities.Therefore criterion #6 is not 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: While the Ten Mile Interchange and the Ten Mile Road and West Overland Road improvements provide good access to the area for the broader regional community, the internal circulation system is non-existent in the majority if the Study Area at this point in time. Additionally,enhanced north-south access across I-84 will better connect the planned activities within the Study Area with the rest of Meridian. The Specific Area Plan calls-out specific locations for access points into the Study Area so as to coordinate access into adjacent properties and thus allowing future signalization enhancing traffic safety in the area. While curb returns have been installed at specific locations,no means of providing streets connecting to these access points is currently in place so criterion #9 is met. Criterion#1o: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 Ten Mile Interchange Specific Area 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: Linder Study Area: 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. 151Page Page 149 Item#1. Summary of Findings Criteria Met Not Met 1 The Presence of a Substantial Number of Deteriorated X or Deteriorating Structures; and Deterioration of Site 2 A e 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 10 Substantially Impairs or Arrests the Sound Growth of X a Municipality Analysis: Open Land Conditions: In addition to the eligibility conditions identified above, the geographic area under review is also required to satisfy the "open land" conditions. Idaho Code Section 50-2903(8)(c) states: "[a]ny area which is predominately open and which because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality. The provisions of section 50-2oo8(d), Idaho Code, shall apply to open areas." The eligibility criteria set forth in Idaho Code Section 50-2903(8)(c) for predominantly open land areas mirror or are the same as those criteria set forth in Idaho Code Sections 50-2018(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 50-20o8 primarily addresses the urban renewal plan approval process and Idaho Code Section 50-2oo8(d)(4) sets forth certain conditions and findings for agency acquisition of open land as follows: the urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise: Provided, that if the urban renewal area consists of an area of open land to be acquired by the urban renewal agency, such area shall not be so acquired unless (1) if it is to be developed for residential uses, the local governing body shall 161Page Page 150 Item#1. determine that a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas; that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality,or(2)if it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in this act, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area. In sum,there is one set of findings if the area of open land is to be acquired and developed for residential uses and a separate set of findings if the land is to be acquired and developed for nonresidential uses. Basically,open land areas may be acquired by an urban renewal agency and developed for nonresidential uses if such acquisition is necessary to solve various problems, associated with the land or the infrastructure, that have delayed the area's development. These problems include defective or usual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, and faulty lot layout. All of the stated conditions are included in one form or another in the definition of a deteriorated area and/or a deteriorating area set forth in Idaho Code Sections 50-2903(8)(b) and 50-2018(9). The conditions listed only in Section 50- 20o8(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 parcel size, the lack of water and sewer facilities in 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 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 151 Item#1. 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 exemption3.As of the date of this Eligibility Study, several parcels, particularly located in the eastern portion of the Study Area, maintain assessed values consistent with other agricultural lands and appear, from a visual inspection, to be active agricultural operations. 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 Linder 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 1o% of the current assessed valuation of all taxable property within the City. According to Ada County Assessor records, the most recent 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 $11,978,500. 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 1o% limitation. The analysis for these purposes in presented in Table 2,below. The combined base assessment roll values are well below the statutory limit. 3 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. 181Page Page 152 Item#1. Table 2 Statutory io% Limitation Analysis Area Taxable Value Percentage Total City $10,375,837,804 100% Downtown URD Base Value $146,334,050 1.41% Ten Mile URD $ 39,539,125 0.38% Union URD $2,144,36o 0.02% Proposed Linder URD $11,978,500 0.12% Total UR Base Assessed Value Percentage $199,996,035 1.93 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 3 Remaining Urban Renewal Capacity • Maximum 1o% Limitation $1,323,052,830 10% • Downtown URD $146,334,779 1.41% • Ten Mile URD $ 39,539,125 0.38% • Union URD $2,144,36o 0.02% • Proposed Linder URD $11,996,035 0.12% Available AV within limitation $1,124,027,095 8.07% 191Page Page 153 Item#1. Attachment 7 Ada County Board of County Commissioners Resolution No. 2676 (eligibility) Page 154 Item#1. RESOLUTION NO. 2676 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ADA COUNTY, IDAHO, ADOPTING THE FINDINGS OF THE URBAN RENEWAL AGENCY OF THE CITY OF MERIDIAN, IDAHO, AIKIA THE MERIDIAN DEVELOPMENT CORPORATION, ADOPTED BY RESOLUTION NO, 21-024 ON MAY 26, 2021; ACCEPTING THAT CERTAIN REPORT, PREPARED FOR THE MERIDIAN ,DEVELOPMENT CORPORATION ON THE ELIGIBILITY FOR, CERTAIN PROPERTY REFERRED TO AS THE LINDER DISTRICT AREA AS AN URBAN RENEWAL AREA AND REVENUE ALLOCATION AREA AND JUSTIFICATION FOR DESIGNATING THE AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT SUBJECT TO CERTAIN CONDITIONS; FINDING A PORTION OF THE LINDER DISTRICT AREA INCLUDES CERTAIN PROPERTIES WITHIN THE UNINCORPORATED AREA OF ADA COUNTY; FINDING AND DECLARING THE NEED FOR AN URBAN RENEWAL PROJECT FOR THE LINDER DISTRICT AREA; APPROVING CREATION OF AN URBAN RENEWAL PROJECT INCLUDING CERTAIN PARCELS, BUT NOT ALL, FOR THAT PORTION OF THE LINDER DISTRICT AREA LYING OUTSIDE OF THE CORPORATE BOUNDARIES OF THE CITY OF MERIDIAN AND WITHIN TIE UNINCORPORATED AREA OF ADA COUNTY; FINDING THAT THE JURISDICTIONAL BOUNDARIES OF THE CITY OF MERIDIAN AND ADA COUNTY REMAIN THE SAME; AND PROVIDING AN EFFECTIVE DATE. At a meeting of the Board of Ada County Commissioners,State of Idaho,on the 30th day of September,2021,the following Resolution was adopted,to-wit: WHEREAS, the Urban Renewal Agency of the City of Meridian, Idaho, also known as the Meridian Development Corporation, an independent public body corporate and politic, authorized under the authority of the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code, as amended (hereinafter the "Law") and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (hereinafter the "Act"), is a duly created and functioning urban renewal agency for Meridian, Idaho,hereinafter referred to as the"Agency;,' WHEREAS, the City Council of the City of Meridian (the"City Council') and Mayor of the City of Meridian (the "City"), on or about July 24, 2001, adopted and approved Resolution No. 01-367, establishing the Agency pursuant to the Law, authorizing the Agency to transact business and exercise the powers granted by the Law and the Act, upon making the findings of necessity required for creating the Agency; WHEREAS,there are several existing urban renewal project areas in the City; WHEREAS, based on inquiries and information presented, the City commenced certain discussions concerning examination of an additional area, including parcels within the City, as well as parcels located within unincorporated Ada County as appropriate for an urban renewal project, primarily to support the goals set forth in die Ten Mile Interchange Specific Area Plan and to further the objectives of supporting the proposed Linder overpass; RESOLUTION NO. 2676 Page 155 Item#1. WHEREAS, in 2021, the City authorized Kushlan I Associates to commence an eligibility study and preparation of an eligibility report for an area including properties and roadway generally referred to as the Linder District Study Area, which is an area generally bounded by Ten Mile Road on the west, Interstate 84 on the north, Overland Road on the south and what would be an unimproved section of Linder Road on the east, together with several parcels located north of Interstate 84 and west of Linder Road (the "Study Area"), which IegaI description of the proposed Study Area is attached hereto as Exhibit A; WHEREAS, the Agency obtained the Linder Urban Renewal District (Proposed) Eligibility Report, dated May 2021 (the "Deport"), a copy of which is attached hereto as Exhibit B, which examined the Study Area, which area also included real property located within unincorporated Ada County and within the City's Area of City Impact for the purpose of determining whether such area was a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8); WHEREAS, pursuant to Idaho Code Sections 50-2018(8), (9) and 50-2903(8), which list the definition of deteriorating area and deteriorated area, many of the conditions necessary to be present in such areas are found in the Study Area, specifically, age or obsolescence; the predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; obsolete platting; conditions which result in economic underdevelopment of the area and which substantially impair or arrest the sound growth of the municipality; WHEREAS, under the Act, a deteriorated area includes any area which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality. See Idaho Code § 50- 2903(8)(c); WHEREAS, Idaho Code Sections 50-2018(9), 50-2903(8) and 50-2008(d) list additional conditions applicable to open land areas, including open land areas to be acquired by the Agency; WHEREAS, the 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,under the Law and Act, specifically Idaho Cade Sections 50-2903(8)(f) and 50-2018(8) and (9), the definition of a deteriorating area shall not apply to any agricultural operation as defined in Section 22-4502(2), Idaho Code, absent the consent of the owner of the agricultural operation except for an agricultural operation that has not been used for three (3) consecutive years; WHEREAS, the Report setting forth the Study Area boundary includes parcels subject to such consent; RESOLUTION NO. 2f 76 Page 156 Item#1. 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 by resolution of the governing body of the ether city or county declaring the need for an urban renewal project for the proposed area; WHEREAS, a portion of the Study Area includes certain real property located in unincorporated Ada County, WHEREAS, the Agency accepted the Report by way of Resolution No. 21-424 at the May 26, 2021 meeting of the Agency Board, a copy of which Resolution (without exhibits) is attached hereto as Exhibit C; WHEREAS, the Agency authorized transmittal of the Report to the Ada County Board of County Commissioners for purposes of obtaining a resolution determining such area to be deteriorated and/or deteriorating and finding the need for an urban renewal project for the proposed Study Area; WHEREAS, following transmittal, and based on ongoing discussions, it appears the proposed project area will be smaller than the Study Area set forth in Exhibit A. Specifically, the parcels located north of Interstate 84 and west of Linder Road are included within the Study Area boundary; however, those parcels will not be included in the proposed urban renewal plan or project area boundary. A copy of the proposed project area map noting those eligible parcels that are not intended to be included in any future project area is attached hereto as Exhibit D; WHEREAS, pursuant to Idaho Cade Section 50-2008, an urban renewal project may not be planned or initiated unless the local governing body has, by resolution, dctertnined such area to be a deteriorated area or deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project; WHEREAS, Idaho Code Section 50-2906, also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan is a deteriorated area or deteriorating area; WHEREAS, the proposed Study Area has no impact on the jurisdictional boundaries of Ada County; WHEREAS, on June 14, 2021, representatives of the City and the Agency presented the Report to the Ada County Commissioners requesting the Commissioners to consider adopting the findings concerning the proposed Linder District Area; WHEREAS, the Commissioners did not take action at that time, and the Agency was directed to obtain the agricultural operation consents from the property owners located within unincorporated Ada County,which consents for agricultural operations have been obtained from the property owners south of Interstate 84, which consents are attached hereto as Exhibit E (without Exhibits B and Q. The parcels north of Interstate 84 will not be included within the boundaries of any future project area; RESOLUTION NO.2676 Page 157 Item#1. WHEREAS, on September_, 2021, representatives of the City and the Agency presented the Report to the Ada County Commissioners requesting the Commissioners to consider adopting the findings concerning the proposed Linder District Area and limiting the unincorporated County parcels to be included in the proposed Linder District project area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ADA COUNTY,IDAHO, AS FOLLOWS: Section 1. That the above statements are true and correct. Section 2. That the findings of the Agency made on May 26, 2021, in Resolution No. 21-024 are hereby adopted by the Board of Ada County Commissioners. Section 3. That there is a need for an urban renewal plan for the Linder District Area; however, the Commissioners specifically limit the unincorporated County parcels to be included in any proposed Linder District project area to those certain parcels south of Interstate 84 as more specifically shown in Exhibit D, Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. APPROVED AND ADOPTED this 30th day of September,2021. Beard of Ada County Commissioners By- Rod Beck,Commissioner By- - n,Com ioner Ryan D By. Kendra Kenyon, C nmissioner ATT•ST- Phil McGrane,Ada County Clerk by Katie Reed,Assistant Deputy Clerk RESOLUTION NO.2b76 Page 158 Item#1. Exhibit A Legal description of the Proposed Urban Renewal District Boundaries (4 pages attached) RESOLL!'i ON NO. 2676-EXHIBIT A Page 159 Item#1. EXHIBIT A URBAN RENEWAL DISTRICT BOUNDARY DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION A description for Urban Renewal District purposes located in the SW 1/4 of Section 13, and in the S 112 of Section 14, and in the NW 1/4 of Section 23, all in Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the southwesterly corner of said NW 1/4 of Section 23,from which an aluminum cap marking the northwesterly corner of said Section 23 bears N 0°56'24" E a distance of 2629.55 feet; Thence N 0'56'24"E along the westerly boundary of said NW 1/4 of Section 23 a distance of 717.33 feet to the POINT OF BEGINNING; Thence continuing N 0'56'24" E a distance of 1305.34 feet to a point; Thence leaving said westerly boundary 5 34°10'57" E a distance of 83.43 feet to a point on the westerly boundary of PARCEL 8 as described in Warranty Deed Inst, No. 110000589; Thence along the westerly boundary of said PARCEL 8 the following described courses: Thence continuing S 34`10'57" E a distance of 110.05 feet to a point; Thence N 0'31'15" E a distance of 345.95 feet to a point; Thence N 2°34'101' E a distance of 419.76 feet to a point marking the northwesterly corner of said PARCEL 8,said point being on the southerly boundary of said 5 1/2 of Section 14; Thence leaving said westerly boundary N 89'14'SS"W along said southerly boundary a distance of 40.72 feet to a point on the easterly right-of-way of S. Ten Mile Road; Thence leaving said southerly boundary and along said easterly right-of•way the following described courses: Thence N 0°30`03"E a distance of 25.00 feet to a point; Thence N 89'14'58" W a distance of 10.99 feet to a point; Thence N 0'30'03 E a distance of 312.82 feet to a point; Page 1 of 4 Page 160 Item#1. Thence N 89'29'57" W a distance of 22.30 feet to a paint; Thence N 3'31'49"E a distance of 306.84 feet to a point; Thence N 12'12'51" E a distance of 97.93 feet to a point; Thence N 41'11'00" E a distance of 121.02 feet to a point on the southerly right-of-way of Interstate 1-84; Thence leaving said easterly right-of-way and along said southerly right-of-way the following described courses: Thence N 73°28'13" E a distance of 79.08 feet to a point; Thence N 82'32'26" E a distance of 110.11 feet to a point; Thence N 79'31'11" E a distance of 326.57 feet to a paint; Thence N 81'59'42" E a distanceof 85.13 feet to a point; Thence 5 4'51'25"E a distance of 41,68 feet to a point; Thence N 81°31'45" E a distance of 285.56 feet to a point;. Thence N 84'21'46" E a distance of 291.43 feet to a point on the easterly boundary of the 5W 1/4 of the SW 1/4 of said Section 14; Thence N 0'32'SO" E along said easterly boundary a distance of 38.29 feet to a paint; Thence leaving said easterly boundary N 87'22'04" E a distance of 95.86 feet to a point; Thence N 89'27'34" E a distance of 1098.46 feet to a point; Thence 5 56°41'50" E a distance of 36.06 feet to a point; Thence N 89'36'46" E a distance of 160.00 feet to a point; Thence N 55°55'22" E a distance of 36.06 feet to a point; Thence N 89'21'36" E a distance of 680.00 feet to a point,- Thence 5 88'05'48" E a distance of 100.08 feet to a paint; Thence N $9'52'45"E a distance of 463.52 feet to a point an the easterly boundary of the SW 1/4 of the SE 1/4 of said Section 14; Page 2 of 4 Page 161 Item#1. Thence N 0'34'12" E along said easterly boundary a distance of 10.81 feet to a point; Thence leaving said easterly boundary S 89°34'09 E a distance of 684.00 feet to a point; (hence N 87°34'06" E a distance of 231.72 feet to a point on an extension of the westerly boundary of Lots 23 and 24 of Block 4 of PRIMROSE SUBDIVISION as found in Book 25 of plats at Page 1576 in the office of the Recorder,Ada County, Idaho; Thence leaving said southerly right-of-way IN 0'32'47"E along said extended boundary a distance of 221.77 feet to a point marking the southwesterly corner of:said tot 24; Thence continuing N OQ-12'47" E along the westerly boundaries of said Lots 23 and 24 a distance of 232.38 feet to a point marking the northwesterly corner of said Lot 23; Thence 5 89'12'43" E along the northerly boundary of said Lot 23 a distance of 195.00 feet to a point marking the southwesterly corner of the E 1/2 of Lots 21 and 22 of Block 4 of said PRIh9ROSE SUBDIVISION, Thence leaving said northerly boundary N 0*32'47" E along the westerly boundary of said E 112 a distance of 2-14.00 feet to a point marking the northwesterly corner of said E 1J2; Thence continuing N 0°32'47" E on an extension of the westerly boundary of said E 1/2 a distance of 25.00 feet to a point on the centerline of W.Verbena Drive; "hence S 89`12'43"F along said centerline a distance of 220,00 feet to a point of intersection of said centerline and the easterly boundary of said S 112 of Section 14; Thence continuing S 99°12'43" E on an extension of said centerline a distance of 65.49 feet to a point on the westerly boundary of Lot 1 of Block 4 of MARLIN SUBDIVISION NO. I as found in Book B5 of plats at Page 9500 in said office of the Recorder; Thence leaving said extended centerline 5 3°40'04" E along said westerly boundary a distance of 469.64 fleet to a point marking the southwesterly corner of said Lot 1; Thence leaving said Lot 1 boundary S 0'32'08"W a distance of 213.29 feet to a point marking the northwesterly corner of PARCEL A as shown on Record of Survey No. 8165, Inst. No, 107167073; Thence along the westerly boundary of said PARCEL A the following described courses: Thence S 4'48'23" W a distance of 700.57 feet to a point; Thence S 0"3247" W a distance of 327.82 feet to a point; Page 3 of 4 Page 162 Item#1. Thence leaving said westerly boundary and continuing S 0'32'47"W on an extension of said westerly boundary a distance of 88.00 feet to a point on the southerly boundary of said SW 1/4 of Section 13, Thence leaving said extended boundary N 89°07'36"W along said southerly boundary a distance of 48.00 feet to the southeasterly corner of said Section 14; Thence N 89"19'40" W along the southerly boundary of said S 1/2 of Section 14 a distance of 2661.71 feet to the southeasterly corner of the SW 1/4 of said Section 14; Thence N 89'14'58" W along the southerly boundary of said SW 1/4 of said Section 14 a distance of 179.31 feet to a point marking the intersection of said southerly boundary and the centerline of W. Overland Road; Thence leaving said southerly boundary and along said centerline the following described courses Thence a distance of 1406.9E feet along the arc of a 1000 OC1 foot radius curve left, said curve(laving a central angle of 80`36'46" and a long chord bearing 5 50'26'39"W a distance of 1293.75 feet to a point,- Thence 5 10"08'16" W a distance of 241.51 feet to a point; Thence a distance of 1406.65 feet along the arc of a 1000-00 foot radius curve right,said curve having a central angle of 80'35'42" and a long chord bearing S 50"26'07"W a distance of 1293,51 feet to a point; Thence N 89'16'02" W a distance of 466.87 feet to the POINT OF BEGINNING This parcel contains approximately 195.4 acres. N07E: 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 b Kyle A. Koomt_r, P!_S ' �� �S�`t' 'P Y� Y �' Civil Survey Consultants,incorporated Er v April 27, 2021 18780 L 0 a -4, - X A. ICE Page 4 of 4 Page 163 Item#1. Exhibit B The Linder Urban Renewal District(Proposed) Eligibility Report, dated May 2021 (19 pages attached) RESOLUTION NO. 2676 - EXHIBIT B Page 164 Item#1. Ci E I?IA -- Linder Urban Renewal District (Proposed) Eligibility Report Prepared for The City of Meridian and The Meridian Development Corporation May 2021 k Kushlan I Associates Boise, Idaho I Page Page 165 Item#1. 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")and the City of Meridian(the"City")to assist in their consideration of establishing a new urban renew al district,in the City of Meridian,Idaho,and its area of operation. Elected Officials searing 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§50-2oo6 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 i, 2o11, for the municipality,.." to carry out the powers enumerated in the statutes. The Meridian City Council adopted Resolution o1-397 on July 24,20o1 bringing forth those powers within the City of Meridian. The Mayer,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 g,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 renewallrewnue allocation area will be referred to as an"urban renewal district" 211' - Page 166 Item#1. Staff: Urban Renewal Administrator: Ashley Squyres Legal Counsel: Todd Lakey Map of the Downtown District(excluding shaded area) W ZHCRRY LN E FAIRVIEW AVE t;ME BFAftd AIYL Z D Z 4 2 V # X 24 S E 464.82' P 05 ! L IN driffir IN 932.04 m ass m m z w a n Q ? i W PINE AvE �+ F PINE AVE t4 W IDAF{Q AVE I;- W 5ROADWAr AVE SAIL RCY'.0 L6 e4 �6 pia t•. 1 W FRIINKLIN RA EVts CDR -—- E FRANKLIN Ru 28.12 N�83 2332434Y 12 7 I3;I8� 1 � b p1I j; s �A 11074 OF BENGti NTS INTERSTATE 84 31Pave Page 167 Item#1. • Map of Union District ulvzcw DISMICT CT+y Of MERIt7M,ADA COUNiY,rt1AHO I I @ NIT r.N.r- z z _y z m _ F iC3�sw3A:'� E 4ROA.DWA:Y AV, - CdV7gY aMS7Tt]CI' �, 315iI0ES - N y PAC4ffIC RAJ--PaA0 - — M ar_vlr w 83LOW - a ;wig C6 X (i 1J i EC FRANKLIN RO �or I k-77'lrM.F17 U _.�._.—..r.— �r BE�G�l+ IS i]7l77' 200 5 WA 9'd:hGTOIN 4�`taovto-ex MOV D)STRICI EMMETT [ID-8104 81611 U { ANNEkArtGDN Ekli 8t1 g'te TRUAA p yp7(I�{)398-8lPr r ecrY i SEC. 7, T3N, RtE, [3.M. :roe s.i 1]=31 "SiEE7 ADA COUNTY, IDAHO WIT � ="��`�^r�T"G WWW.SA1vf00?Hl5X0M � Wage Page 168 Item#1. Map of Ten Mile Road District c e Franklin i � � Cress - R Wood n 4Vonhead t<wNa' ... F 1- r Prnisi � Esayar,x '`A 'tea r t•� Gander y u ■mu4�_ei E Ce+ � 7rilerstate 8+4 — r Legend No,, FTFISE} L!r kw 13OL c!n&R Pk- ;;i'+erTyrbcr_ � � f�3 i;a.uwrAvc.ea►ao l Farm ®.. DTh-jrn Overland o�rc 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 1895 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 zoo. 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 aoth 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 ig7o. However, starting in 1970 the pace of growth in Southwest Idaho quickened and Meridian's growth initially reflected, and then exceeded 5 1 P a g e Page 169 Item#1. 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 10 big 1920 1,01 1930 1,004 1940 146 1950 1=500 196o 2.100 1970 2,600 1980 6,658 1990 c),, 96 200034-919 2010 75,092 2020 114,200 2021(Estimate) lag, 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%. InYvestment 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 5o,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 their fourth urban renewal district is an appropriate public policy consideration, The City of Meridian initially established its urban Renewal.Agency in 2001. As noted above,the Downtown District's exclusive focus,limited by the boundaries of the district, is on the traditional downtown area of Meridian. The Ten Mile District was created in 201.6 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- 6 1 Page Page 170 Item#1. annexed from the original Downtown District to support a significant mixed use-project. The Linder Road urban renewal district is being considered in further support of the implementation of Ten Mile Interchange Specific Area Plan. Ten Mile Interchange Specific Area Plan The Idaho Transportation Department initiated planning for the development of a new interchange with Interstate 84 at Ten Mile Road in the 1990s. Construction of the interchange was completed in 2012. In support of the State's investment and in anticipation of the resultant development pressure from the opening of the new interchange on the area immediately west of the Meridian City limits,the City initiated a broad-based planning effort for the general area. The Plan that was produced was the Ten Mile Interchange Specific Area Plan and was adopted by the City Council on June 19,2007, The Plan remains in effect and is intended to guide development decisions within the study area. A map of the Ten Mile Interchange Specific Area Plan is provided below: As indicated in the Plan map, substantial public infrastructure is called for in implementing the development pattern envisioned. Development opportunities considered for the area covered by the Plan were insufficient in scale to support the required public facility investment. This imbalance had thwarted the orderly implementation of the planning undertaken by the City and the property owners. This lack of progress stimulated the interest in exercising the powers granted under State Law in the establishment of the Ten Mile District in 2016. A similar situation exists in that portion of the Specific Plan area located south of I-84,generating the desire on the part of City officials in considering a new urban renewal district to stimulate the envisioned development activity similar to the successful response north of the freeway 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 7 1 P a g e Page 171 Item#1. 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 150-201$(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)] d• Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness; Obsolete Platting L50-2018(g) and 50-2903(8)(b); 50- 2903(8)(c)] 5. Insanitary or Unsafe Conditions [50-2018(9)and 50-2903(8)(b)] b- Diversity of Ownership [50-2018(9) and 50-2903(8)(b);50-2903(8)(c)] 7. Tax or Special Assessment Delinquency(50-2018(9)and 50-2903(8)(b)] 8. Defective or Unusual Conditions of Title[50-2o18(g) 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- 2oi8(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 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 Citv 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 8 1 P a g e Page 172 Item#1. a revenue allocation area first formed or expanded to include property on or after July x, 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 Linder 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 • 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 those properties 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. 9 1 P a g C Page 173 Item#1. Description of the Lander Study.Area: The Study.Area subject to the current review is generally located on the east side of Ten Mile Road,primarily south of the Interstate 84 right-of-way,north of Overland Road and west of what would be an unimproved section of Linder Road.All properties included are within the boundaries of the Ten Mile Interchange Specific Area Plan. The Study Area consists of twenty (20) tax parcels ranging in size from 0.34 acres to 28.67 acres. The eastern portion of the Study Area north and south of 1-84 lies outside the corporate limits of the City of Meridian,within unincorporated Ada County,but within the City's Area of City Impact. Unless the unincorporated parcels are annexed into the City prior to the creation of the urban renewal district, an intergovernmental agreement between the City and Ada County will be required to allow the creation of the District to proceed to include area outside the City. The size and value information presented in Table i was derived from the Ada County Assessor's on-line parcel information system. The current taxable value of the portion of the Study Area located in unincorporated Ada County, represents exceptionally low assessed values as compared to the more developed area in the westerly portion of the Study Area located within the corporate limits of the City of Meridian. Land values in the more developed, commercially zoned areas range from $4.00 to $6.00 per square foot. The agricultural lands reflect a current assessed value of$.o2 per square foot consistent with assessed values assigned to agricultural properties north of 1-84. Linder Urban Renewal District Study Area Potential Future URD: Overland-Ten Mile to Linder ,.. ... ,. ....................r 4 ■ ■ i^ 10 Ps Page 174 Item#1. Table 1E ownersmp Acreage Land Value hnprovenlent 2020 Taxable Parcel# Value Value. 51223233820 Cabra Creek LLC 4.07 $7o8,600 $0 $708,600 S1223223255 Cabra Creek LLC 9.05 $737,400 $0 $737,400 81223233670 Cabra Creek LLC 11.28 $918,800 $a $918,800 S1223223010 Cabra Creel LLC 28.67 $1,773,5fl0 $0 $1,7nzoo 8122321262o Cabra Creek LLC 2.69 $24.1,800 $o $241,800 S1214336375 Cabra Creek LLC 6.56 $1,143,400 $0 $1,143,400 S1214a36415 j Cabra Creek LLC 5.88 $1025 200 $0 $1,025,200 51214:j 61oo Cabra Creek LLC 4.9 C1280,900 $0 $1,280,900 512 336359 Cabra Creek LLC 6.1' $i,6ol,60o $o $t6o,1600 SMU3645o Cabra Creek LLC 0.34 $59,9oo so $ (o0 SM43467o5 Lee Soo 26.22 $18,100 $0 $18,100 S1214aA6o05 5bio3 i LLC .--8 $a_, 6.too $0 $2 6 1on S1214346205 Adler,AB LLC 4.96 $ ,200 $333,60o $337,800 _ S121.a-1 8600 Adler AB LLC 25.27 $25,500 $0 25600 S1214438705 Michael Seabolt 0.93 $i ,ioo $1:6 ioo $ 21.200 S1214449021 P. BloornbeEg Tr. 914 $8, 00 265,000 $273,900 S121- 910- Idaho Auto Mau 19-33 $17,500 $227,000 $241500 R 1 280O 10 Hk$M LLC 1,12 $163,000 1 $149,500 $ 12 00 R7192800-00 Bird Michael o.,L)6 $155,700 $1 00 $210 000" ]R.-tLr28006-6 Towns Larn- o. 6 175,100 ± $1--2,--00 2 ,800* Total Linder S! udv Area i .8 $10,530, oo 1 $1,448,200 A11,978, 00 + Note: These acreages are exclusive of adjacent public rights-of-way for Ten Mile Road,West Overland Road,Linder Road,South Jersey Way,West Dutch Farm Road,and Tasa Road that should be included in the ultimate boundaries of any district established. Publicly owned properties are assigned no value in Idaho assessments, so including them makes no difference to the value calculation but will slightly increase the ultimate acreage. Parcels designated by an*are owner-occupied residential properties and thus the taxable value is reduced by $ioo,0002 in each base reflecting the Homeowner Property Tax Exemption. There are two such properties located north of I-84. Descri Lion of the Linder S 11Ldy Area: As noted in the table above, the Linder Study Area consists of twenty (20) tax parcels. Nearly eighty(8o) acres are under a single ownership located at the westerly end of the Study Area. This area,representing approximately 45.8%of the acreage in the Study Area, is currently zoned for Medium Density Residential and Commercial uses. Full urban services are in place to support development consistent with the City's plan for the area. Based on the adoption of H389,the Homeowner Property Tax Exemption will increase to a maximum of $125,000. This is anticipated to further reduce the base. As the 2021 tax assessments are not yet available, the 2020 data has been used. The 10%analysis will ultimately be revisited in any further urban renewal plan. 111Page Page 175 Item#1. 4 While some transportation and site infrastructure in in place at the western end of the Study Area,water and sewer service is not yet available to serve these parcels. The balance of the Study Area located south of I-84 is undeveloped. The largest parcel located in the easterly portion of the Study Area is 26.22 acres. A similarly sized parcel (25.27) is located nearby. These two parcels remain primarily in agricultural use. The undeveloped portion of the Study Area consists of approximately 91 acres and is located in unincorporated Ada County.These parcels carry an Ada County zoning designation of Rural Urban Transition(RUT)recognizing potential for changing into more active urban uses similar to adjacent properties. Additionally, these parcels are included in the Ten Mile Interchange Specific Area Plan which has been adopted by the City as an element of their Comprehensive Plan. The undeveloped portion of the Study Area consists of seven (7) parcels ranging in size from 0.93 acres up to the larger parcels noted above. The easterly potion of the Study Area also contains four (4) parcels on which single-family residences are located. One residence was constructed in 1913 with the others built in the last 30 years. None of the residences reflect a Homeowner Property Tax exemption suggesting that they are not owner-occupied and do not reflect uses consistent with City planning documents. A derelict section of West Overland Road remains on the property even though a new high-capacity section has replaced it. The old section had served an historic farm located on the site,but all buildings associated with that use have been razed. It has been renamed West Dutch Farm Road and provides legal access to the adjacent parcel but is not improved to current urban standards. An unimproved right-of-way for Linder Road is located on the east edge of the Study Area and is currently used by the adjacent business for the storage of recreational vehicle inventory. That right-of way should be included within the ultimate boundaries of any district created as a result of this review. The recently constructed improvement to West Overland Road abuts the southerly edge of the Study Area. Other than this street, no public infrastructure is in place to support development of the majority(53.4%)of the Study Area. The Ridenbaugh canal bifurcates the extreme southwesterly portion of the Study Area from the balance of the included parcels. The canal extends across the site in an east-west direction at the top of a bench separating the upland potion from the majority of the Study Area. The land within the Study Area,south of I-84 is owned by seven(7)different entities. The western 8o acres are owned by a single entity, Cabra Creek LLC. Six(6) entities own the remaining parcels with just two owners controlling 62% of the 91 acres in the easterly portion of the Study Area. Three parcels are located along Linder Road north of I-84. All three of these are residential properties on large lots in unincorporated Ada County with Ada County R-1 zoning. Each property has an existing residential structure,two built in the early twentieth century,but updated in recent years,and one constructed in 1978. The uses currently in place on these parcels is not anticipated to change under the Ten Mile Interchange Specific Area Plan. 121Page Page 176 Item#1. Images reflecting conditions in the westerly portion of the Study Area Images reflecting conditions in the easterly portion of the Study Area Analysis of the Study Area: A review of the Study Area reflects a pattern of delayed investment or an area in transition. This is particularly notable given the area's proximity to substantial public investment in the Ten Mile interchange and street improvements to both Ten Mile Road and West Overland Road. The majority of the parcels do not have City utilities and no individual owner or developer has been willing to assume the significant cost to extend those services. The Ten Mile Interchange Specific Area Flan provides a clearly articulated vision for a high-density mixed-use development pattern in this area that would capitalize on the access and utility investments already made by public entities. To date, however, while some planning has been done consistent with the Plan,and limited transportation and site infrastructure has been installed in the west portion of the Study Area,little progress has been made to implement the vision. The flan caps for substantial investment in public infrastructure throughout the entire Study Area but the market to date has proven incapable of supporting that level of capital cost. It appears as though meaningful progress may depend upon some level of public intervention to support the desired private investment in the balance of the Planning Area to bring the Plan to reality. For the convenience of the reader,the statutory criteria are reiterated,at least one of which must be found to qualify an area for urban renewal activities. Those conditions are: 1. The Presence of a Substantial Number of Deteriorated or Deteriorating Structures and Deterioration of Site or Other Improvements(50-2018(g)and 50-2903(8)(b); 50-2903(8)(c)] 2. Age or Obsolescence 150-2ox8(8)and 50-2903(8)(a)] 3. Predominance of Defective or Inadequate Street Layout 150-2018(9) and 50- 2903(8)(b)] 13 1 rage Page 177 Item#1. 4. Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness; Obsolete Platting 150-2018(g)and 50-2903(8)(b); 50-2903(8)(c)] 5. Insanitary or Unsafe Conditions 150-2018(9) and 50-2903(8)(b)] 6. Diversity of Ownership L50-2018(9)and 50-2903(8)(b); 50-2903(8)(c)] 7. Tax or Special Assessment Delinquency 1$0-2018(g)and 50-2o03(8)(b)] 8. Defective or Unusual Conditions of Title[50-2018(9)and 50-2903(8)(b)] 9. Results in Economic Underdevelopment of the Area 150-2903(8)(b); 50- 2903(g)(c)] 1o. Substantially Impairs or Arrests the Sound Growth of a Municipality 150-2018(9) and 50-2903(8)(b);50-2903(8)(c)] Analvsis: Linder Studv Area Criterion #I. The Presence of a Substantial Number of Deteriorated or Deteriorating Structures; and Deterioration of Site: The historic farmstead previously located in the Study Area has been removed. Of the four remaining structures located south of I-84,one is over one hundred years old but the other three are relatively modern residences constructed in the last 30 years. Two of the structures located north of I-84 were constructed approximately too years ago and have been updated within the recent past. The other residence north of I-84 was constructed in 1978 and appears serviceable for its current and intended use. Since the majority of the structures previously located on the properties have been removed, there is no "substantial number of deteriorated or deteriorating structures" remaining within the Study Area.Therefore, criterion #i is not met. Criterion #2: Age or Obsolescence: Again, as noted above, the structures that remain south of 1-84, were built to serve the historic agricultural use. While the remaining structures are not old, they are not of a nature to support the high-density mixed-use envisioned in the Plan. Therefore, the remaining structures located south of 1-84 are obsolete in this context and as such,criterion #2 is met. Criterion #3:Predominance of Defective or Inadequate Street Layout:As noted above,it is recommended to include the Ten Mile Road and West Overland Road rights-of- way within the boundaries of the proposed district. As such,the improvements made to these facilities in recent years appear adequate to serve the anticipated development. However, there are no streets in place to serve the internal development of the relatively large parcels in the eastern portion of the Study Area which represents a majority of the land under consideration. Linder Road between West Overland Road and 1-84 is unimproved and not accessible to the travelling public. Implementation of the Specific Area Plan requires circulation throughout the planning area and since no streets currently exist to serve the anticipated interior development to the east,criterion#3 is met. Criterions #4: Faulty Lot Layout in Relation to Size, Adequacy, Accessibility or Usefulness; Obsolete Platting: The parcels in the Study Area are of a size and 14jpage Page 178 Item#1. configuration appropriate for the historic agricultural use for which they have been deployed for several decades. However, as the City and region have developed around these properties, the large lots in the easterly portion of the Study Area are not properly configured to accommodate the development pattern envisioned in the Specific Area Plan. A more fine-grained and high-density development pattern is represented in the adopted Plan. Therefore criterion #4 is met. Criterion#5;Insanitary or Unsafe Conditions: Again,given the current agricultural use and general lack of development "insanitary and unsafe conditions" are not present. Therefore,criterion #5 is not met. Criterion #6; Diversity of+Ownership. The ownership of the x73.84 acres in the Study Area is in the hands of ten (io) entities. The westerly 8o acres(45.8% of the entire area) is under a single ownership. The easterly portion (94 acres) is held by eight(8) entities, however fix%of that area is held by two entities. Thus,the vast majority of the Study Area is controlled by only three entities.Therefore criterion #6 is not 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 #g: Results in economic Underdevelopment of the Area: While the Ten Mile Interchange and the Ten Mile Road and West Overland Road improvements provide good access to the area for the broader regional community, the internal circulation system is non-existent in the majority if the Study Area at this point in time. Additionally,enhanced north-south access across I-84 will better connect the planned activities within the Study Area with the test of Meridian. The Specific Area Flan calls-out specific locations for access points into the Study Area so as to coordinate access into adjacent properties and thus allowing future signalization enhancing traffic safety in the area. While curb returns have peen installed at specific locations,no means of providing streets connecting to these access points is currently in place so criterion#9 is met. Criterion#ro:Substantially Impairs or Arrests 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 Ten Mile Interchange Specific Area 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 #io is met. Fainding§; Linder Study Area: 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. 151Page Page 179 Item#1. seunmary of Findings Criteria Met Not _ Met Y The Presence of a Substantial Number of Deteriorated X or Deteriorating Structures;and Deterioration of Site a 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 Insanitary or Unsafe Conditions X 6 Diversity of Ownership X Tax or Special Assessment Delinquency X 8 Defective or unusual condition of title X g Results in Economic Underdevelopment of the Area X 10 Substantially Impairs or Arrests the Sound Growth of X a Municipality Analysis: Open Land Conditions: In addition to the eligibility conditions identified above, the geographic area under review is also required to satisfy the "open land" conditions. Idaho Code Section 50-2903(8)(c) states; "rainy area which is predominately open and which because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound growth of a municipality. The provisions of section 50-2oo8(d), Idaho Code, shall apply to open areas." The eligibility criteria set forth in Idaho Code Section 50-2903(8)(c) for predominantly open land areas mirror or are the same as those criteria set forth in Idaho Code Sections 50-2018(g) 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 50-20o8(d)shall apply to open areas. Idaho Code Section 50-2oo8 primarily addresses the urban renewal plan approval process and Idaho Code Section 50-2oo8(d)(4) sets forth certain conditions and findings for agency acquisition of open land as follows: the urban renewal plan will afford maximum opportunity,consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise: Provided, that if the urban renewal area consists of an area of open land to be acquired by the urban renewal agency,such area shall not be so acquired unless (1) if it is to be developed for residential uses, the local governing body shall 161Page Page 180 Item#1. 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 discase 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 50-2018(g). The conditions listed only in Section So_ 2o©8(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 50-20 18(g) and 50- 2903(8)(b) apply. Alternatively, the area under consideration qualifies if any of the conditions listed only in Idaho Code Section So-2oo8(d)(4)(2)apply.The parcel size,the lack of water and sewerfacilities in the StudyArea;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 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 181 Item#1. 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 exemption3.As of the date of this Eligibility Study, several parcels, particularly located in the eastern portion of the Study Area, maintain assessed values consistent with other agricultural lands and appear, from a visual inspection, to be active agricultural operations. 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 Linder Study Area is eligible for the establishment of an urban renewal district. to 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 J revenue allocation districts to 10% of the current assessed valuation of all taxable property within the City. According to Ada County Assessor records, the most recent 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 i the current taxable value of the entire Study Area is estimated to be $11,978,500. This value then must be added to the Base Assessed Values of the Downtown District,the Ten Mile District and the Union District to test for the 10%limitation. The analysis for these purposes in presented in Table 2,below. The combined base assessment roll values are well below the statutory limit. 3 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. 181 Page Page 182 Item#1. Table 2 Statutory lo%Limitation Anal sfs Area Taxable Value Percentage Total City $xo, 5 83 ,80 100% Downtown URD Base Value $146,334,050 1. 1% Ten Mile URD $ ,539,1 0.38% Union URD $2J44,36o 0.02% Proposed Linder GIRD $11,978,500 0.12% Total UR Base Assessed Value Percentage 1 $129,996,o35 1. % 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 Remainins Urban Renewal Capacity • Maximum 1o%Limitation $1,323,052,830 10% • Downtown URD $146,334,779 1.41% • Ten Mile URD $ 39,539,125 0.38% • Union URD $2,144,36o 0.02% ■ Proposed Linder URD 1 $11,996,035 0.12% Available AV within limitation $i I2 ,02 ,0 S 8.0 191Pahe Page 183 Item#1. Exhibit C The Urban Renewal Agency of the City of Meridian, Idaho, also known as the Meridian Development Corporation, Resolution No. 21-024,dated May 26,2421, Accepting the The Linder Urban Renewal District Eligibility Report, dated May 2021 (5 pages attached) RESOLUTION NO. 2676- EXHIBIT C Page 184 Item#1. MERIDIAN DEVELOPMENT CORPORATION _+HE URBAN RENEWAL AGENCY OF THE CITY OF MERIDIAN RESOLUTION NO.21-024 SY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MER0 AN, IDAHO,AX/A THE MERIDIAN DEVELOPMENT CORPORATION: A RESOLUTION OF THE BOARD OF COMMISSIONERS Of THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, ALSO KNOWN AS THE MERIDIAN DEVELOPMENT CORPORATION, ACCEPTING THAT CERTAIN REPORT ON ELIGIBILITY FOR CERTAIN PROPERTY REFERRED TO AS THE LINDER DISTRICT AREA AS AN URBAN RENEWAL AREA AND REVENUE ALLOCATION AREA AND JUSTIFICATION FOR DESIGNATING THE AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AUTHORIZING AND DIRECTING THE CHAIR, VICE-CHAIR OR ADMINISTRATOR TO TRANSMIT THE. REPORT AND THIS RESOLUTION TO THE ADA COUNTY BOARD OF COUNTY COMMISSIONERS AND THE CITY COUNCIL OF THE CITY OF MERIDIAN REQUESTING THEIR CONSIDERATION FOR DESIGNATION OF AN URBAN RENEWAL AREA AND SEEKING FURTHER DIRECTION FROM THE COMMISSION AND COUNCIL, AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION, made on the date 'hereinafter set forth by the Urban Renewal Agency of Meridian, Idaho, also known as the Meridian Development Corporation, an independent public body, corporate and politic, authorized under the authority of the Idaho Urban Renewal Law of 1965, Chapter 20,Title 50, Idaho Code, as amended (the 'Law") and the Local Economic Development Act, Chapter 29, Title 50, Idaho Corse, as amended (the 'Act'), a duly created and functioning urban renewal agency for Meridian, Idaho, hereinafter referred to as the`MOC WHEREAS, on July 24, 2001, the City Council (the "City Council") of the City of Meridian, Idaho (the `City"), adopted Resolution No. 01-367 establishing MDC pursuant to the Law: WHEREAS, on October S, 2002, the City Council, after notice duly published, conducted a public hearing on the Meridian Revitalization Plan Urban Renewal Project, which is also referred to as the Downtown District(the'Downtown District Plan'); RESOLUTION NO. 21-024- 1 Page 185 Item#1. WHEREAS, following said public hearing, the City Council adopted its Ordinance No. 02-987 on December 3, 2002, approving the Downtown District Plan, making certain findings and establishing the Downtown District revenue allocation area (the "Downtown District Project Area"); WHEREAS, the City Council, after notice d0y published, conducted a public hearing on the Ten 'Mile Road Urban Renewal Plan (the 'Ten Mile Plan"). The public hearing was continued to June 21 2016, for further testimony; WHEREAS, following said public hearings, the City Council adopted its Ordinance No. 16--1695 on June 21, 2016, approving the Ten Mile Plan, making certain findings and establishing the Ten Mile revenue allocation area (the "Ten Mile Project Area"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the First Amendment to the Meridian Revitalization Plan Urban Renewal Project("First Amendment to the Downtown District Plan"); WHEREAS,following said public hearing, the City Council adopted its Ordinance, No. 20-1881 on June 9, 2020, approving the First Amendment to the Downtown District Flan deannexing certain parcels and making certain findings (collectively, the Downtown District Plan, and amendments thereto, are referred to as the 'Existing Downtown District Plan," and the Downtown District Project Area, and amendments thereto, are referred to as the"Existing Downtown District Project Area"); WHEREAS, the City Council, after notice duly published, conducted a public hearing on the Urban Renewal Plan for the Union District Urban Renewal Project (the 'Union District Plan"); WHEREAS, following said public hearing, the City Council adopted its Ordinance-- No. 20-1882 on June 9, 2020, approving the Union District Plan, making certain findings and establishing the Union District revenue allocation area (the "Union District Project Area"); WHEREAS, the Existing Downtown District Plan, the Ten Mile Plan, and the Union District Plan and their project areas are collectively referred to as the "Existing Project Areas;" WHEREAS, it has become apparent that additional property, a portion of which is located within the City, and a portion of which is located within the City's area of operation within unincorporated Ada County, may be deteriorating or deteriorated and should be examined as to whether such an area is eligible for an urban renewal project; WHEREAS, in 2021, Kushian I Associates commenced an eligibility study and preparotion of an eligibility report for an area including properties and roadway, referred to as the Linder District Study Area, which is an area bounded by Ten Mile Road on the RESOLUTION NO.21-024 -2 Page 186 Item#1. west, Interstate 84 on the north, Overland Road on the south and what would be an unimproved section of Linder Road on the east(the"Study Area"); WHEREAS, IWiDC has obtained the Linder Urban Renewal district (Proposed) Eligibility Report, dated May 2021 (the "Report"), a copy of which is attached hereto as Exhibit A. which examined the Study Area, which area also included real property located within unincorporated Ada County, for the purpose of determining whether such area was a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8); WHEREAS, pursuant to Idaho Code Sections 50-2018(8), (9) and 50-2903(8), which lists the definition of deteriorating area and deteriorated area, many of the conditions necessary to by present in such an area are found in the Study Area; WHEREAS, the effects of the listed conditions cited in the Report result in economic underdevelopment of the areas, substantially impairs or arrests the sound growth of a municipality, constitutes an economic or social liability, and is a menace to the public health, safety, morals., or welfare in its present condition or use; WHEREAS, the Report includes a preliminary analysis concluding the base assessment roll value for the Study Area along with the base assessment rolls for the Existing Project Areas dry not exceed 10% of the current assessed valuation of all taxable property within the City; WHEREAS. under the Act, a deteriorated area includes any area which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area or substantially impairs or arrests the sound gro%-dh of a municipality, See Idaho Code§50-2903(8)(c); WHEREAS, Idaho Code Sections 50-2018(9), 50-2903(8) and 50-2008(d) list additional conditions applicable to open land areas, including open land areas to be acquired by MDC; WHEREAS, the Report addresses the necessary findings concerning the eligibility of open land within the Study Area as defined in Idaho Code Sections 50- 2018(9),50-2903(8)(c), and 50-2008(d); WHEREAS, under the Law and Act, Idaho Code Sections 50-2903(8)(f) and 50- 2018(8) and (9), the definition of a deteriorating area shall not apply to any agricultural operation as defined in Section 22-4502(2), Idaho Code, absent the consent of the owner of the agricultural operation except for an agricultural operation that has not been used for three(3)consecutive years; WHEREAS,the Study Area includes parcels subject to such consent, While the RESOLUTION NO. 21-024 3 Page 187 Item#1. necessary consents have not been obtained, any and all consents shall be obtained prior to City Council consideration of any urban renewal plan; WHEREAS, Idaho Code Section 50-2018(18) provides that an urban renewal agency cannot exercise jurisdiction over any area outside the city limits without the approval of the other city or county declaring the need for an urban renewal plan for the proposed area; WHEREAS, a portion of the Study Area includes certain real property located within unincorporated Ada County; WHEREAS, the Ada County Board of County Commissioners will be asked to adopt a resolution ending the need for an urban renewal project for the proposed Study Area; WHEREAS, pursuant to Idaho Code Section 50-2003, an urban renewal project may not be planned or initiated unless the local governing body has, by resolution, detemlined such area to be a deteriorated area or deteriorating area, or combination thereof, and designated such area as appropriate for an urban renewal project, WHEREAS, Idaho Code Section 50-2906, also requires that in order to adopt an urban renewal plan containing a revenue allocation financing provision, the local governing body must make a finding or determination that the area included in such plan is a deteriorated area or deteriorating area; WHEREAS, the M€]C Board finds it in the best public interest to accept the Report. NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE. BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, AS FOLLOWS: :section 1 That the above statements are true and correct. Section 2. That the MDC Board acknowledges acceptance and receipt of the Report. Section 3. That there are one or more areas within the City and within unincorporated Ada County that are a deteriorating area or a deteriorated area as defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8), and as more fully set forth in the Report, attached hereto as Exhibit A. Section 4. That one such area is an area approximately 174 acres (excluding rights-of-way) in size and is more commonly referred to as the Linder District Study Area,and as more fully described in the Report. RESOLUTION NO 21-024 -4 Page 188 Item#1. Section 5. That the rehabilitation, conservation, and redevelopment, or a combination theraf, of such area is necessary in the interest of the public health, safety,and welfareof the residents of the City. Section 6. That the Chair or Vice-Chair of the MDC Board of Commissioners, or the Administrate, are hereby authorized to transmit the Report to the City Council requesting that theCity Councit a. Determine whether the Study Area identified in the Report qualifies as an urban reneral project and there is justification for designating the area, as appropriate, for at urban renewal project; provided, however, MDC requests the City Council not take srch action until the Ada County Board of County Commissioners has adopted a resolutim declaring the need for an urban renewal project for the Study Area.- b. If such designation is made, whether MDC should proceed with the preparation of are uban renewal plan for the area, which plan may include a revenue allocation provisloias allowed by law; C. Coordinate with MDC to obtain the required agricultural operation consents from the property owners. Section 7. That the Chairman of the MDC Board or Administrator is hereby authorized to transnit the Report to Ada County Board of Count{Commissioners for its consideration purssant to Idaho Code Section 56-2018{18}. Section 8. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED AID ADOPTED by the Urban Renewal Agency of the City of Meridian, Idaho,also knownas the Meridian Development Corporation,on May 26, 2021_ Signed by the Chair of theBoard of Commissioners and attested by the Secretary to the Board of Cornmissioners,on May 26.2021. APPROVED: By X C airofthe Board ATTEST , By Secrets RESOLUTION NO.21-02d-5 Page 189 Item#1. Exhibit D Map Showing Eligible Parcels that Will Not Be Included Within the Boundaries of any Future Urban Renewal Project Area (l page attached) RESOLUTION NO. 2676-EXHIBIT D Page 190 Item#1. leas.a •u�da ot+mcl � � ! �. 5 i Lit FEkisr- Q EEnsH�URD ved R`cm ci°Pcsed Onlar7 —ftclvWn - .kaln6ow ,p I$ - k per.h Honker r° -r ur - yi Uly rm'+n Ten Mlkvcn Road ii Rlklwt'wn lum � --Vir6ln! _: �' . salnwn 64 + `_ +i�rt./i f•Ni 0 NOUN i�-1�a ice.+�-1 i r�i�■■■R■E Ir•i_i R Y#f�i■f A 1 4 ♦"U ' f + i i + • � i i ■ • r + Dutch farm Overland 'I � • I . r • �e+agy P i Er o -H°nrer•—.- t9 +* Garden Davenport- a� American Fork q n,5 woocl'+rr 'r � wood Chip _ Linder District 9 500 er mhmm a ca�+ai.a Sam rvwi�eure.�m�L rw�c•roeannvl.w�ien.ln.CA�I wnofion m v�ra wwonT ni w�.rr w•_+•.=a�m�•,x.•raa,n+nrin��i a•eentYl�rw el any��n�tlan uaW�4 p+e®.oral n+Mi��rnerWrn ie•.�w weenntlan awtlaMo on tv mco. Page 191 Item#1. Exhibit E Consent forms (12 pages attached) RESOLUTION NO. 2676 -LLXHIBIT E Page 192 Item#1. AGRICULTURAL OPERATION CONSENT FORM COMES NOW Soo W. Lee,an Individual, and states that Individual, owns that certain property generally described as Parcel Identification Number S 12143 46705 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 April 2021,entitled Ten Mile—Linder Urban Renewal District Eligibility Report,prepared by Kushlan I Associates and as attached hereto as Exhibit C. Further, Soo W. Lee, an Individual,hereby provides 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. DATED this 10 day of , 2021. r So . Lee` An Individual STATE OF 1DAHO ) } ss: County of Ada ) On this l Oth day of August 2021, before me, a Notary Public for the state of Idaho, personally appeared Soo W. Lee,known or identified to me to be the person who executed this instrument. oo Public ! �'COMMISSION', My Commission Expires on M182077oo ! _ Page 193 *'��swaaa• Item#1. EXMBIT A PARCEL NUMBER S1214346705 ,ADDRESS West Overlaid Road, Meridian, Idaho .DESCRIPT10N PAR#6705 NTY&E'LY POR SE4SW4 S OF INTERSTATE SEC 14 3N 1 W PARCEL 2 RIS 4360 EXC RJW ##346072-B SURVEY RECORD RECMD GF j'URVF1' NO ...--•. ,safe,,, 5/'NU9P r9 M[bdtlmZ fj•Pr fkf S9u/1f10.11 r/OF ai Cgtlk!a rTMI5M1'9,W7.2 012]xasr,dasc rrarucr, AO.A W11for dkrlf(L f 97d OF&4V(ti4;s. 15-y1- � �_ r. w nos 25a0 , r y LEG�H�� wa W r.rr n. k e #&>rer m entux I NV7 i/4 Jq sW 3/I r' swi,/4 .� 5URVMj{S CERf7r`ICllrT ��a?OMl1:1.1.1 Yw`S•K�tRP.lv��gY� _- ..7 V f + NOT 7J4 5�!/4 ,,,.,. �•r.r.rm.w.«r.,a.�.a..n Sw 1/4 rsc Ter&a{L Surveying 2 K LcRd Sorvaynnq r Rw� sn.,rre. fr�n tom, {dR Su.wa.knCtan A.R 1Q ��// , � [mwrrlf,fdurrn exeif7 II'M1C 15 1r 5�..}3 4'OVcftA0 FWP—!d"E:t Page 194 Item#1. AGRICULTURAL OPERATION CONSENT FORM COMES NOW Michael S.Adler,President of Adler Industrial, LLC,and states that Adler Industrial, LLC serves as Manager for Adler AB Owner 1, LLC, a Delaware Limited Liability Company,which owns that certain property generally described as Parcel Identification Number S 1214438600 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 Ten Mile--Linder Urban.Renewal District Eligibility Report,prepared by Kushlan I Associates and as attached hereto as Exhibit C. Further, Michael S. Adler,President of Adler Industrial,LLC, Manager for Adler AB Owner 1,LLC hereby provides 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. DATED this day of _�2021. Adler AB Owner 1, LLC A Delaware Limited Liability Company By:Adler InduMial, LLC Its: Manager MJur-- Michael S.Adler President Page 195 Item#1. STATE OF IDAHO ) }ss: County of Ada ) This record was acknowledged before me on ��r� U, +p (date)by Michael S. Adler(Signer),known or identified to me to be the President of Adler Industrial,LLC (Constituent Entity), the Manager of Adler AB Owner I, LLC(Maker),who subscribed said Maker Entity's name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said Constituent Entity, and that such Constituent Entity executed the same in the name of said Maker Entity. (stamp) +►'"""r,,•• Notary Public ;4'"4 N� � ', '••,w My Commission Expires on Olffogjapxj 'tP tiDTA 4.Y Page 196 Item#1. EXHIBIT A PARCEL NUMBER S1214438600 ADDRESS 2090 West Overland Road, Meridian, Idaho DESCRIPTION PAR#8600 OF SW4SE4 SEC 14 3N 1 W #438423-B Page 197 Item#1. AGRICULTURAL OPERATION CONSENT FORM COMES NOW Michael Sa Adler, President of Adler Industrial, LLC,and states that Adler Industrial, LLC serves as Manager for Adler AB Owner 1,LLC,a Delaware Limited Liability Company, which owns that certain property generally described as Parcel Identification Number S 1214438420 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, anti has had an opportunity to review the urban renewal eligibility report,dated May 2021,entitled Ten Mile—Linder Urban Renewal District Eligibility Report,prepared by Kushlan I Associates and as attached hereto as Exhibit C. Further, Michael S. Adler, President of Adler Industrial,LLC,Manager for Adler AB Owner 1, LLC hereby provides 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. DATED this day of _ ,2021. Adler AB Owner 1,LLC A Delaware Limited Liability Company By:Adler Industrial, LLC Its.Manager Michael S.Adler President Page 198 Item#1. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles) On August 23, 2021. before me,Andrea Myers, Notary Public (insert name and title of the officer) personally appeared Michael S. Adler, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ANDRtAiA ERS CommW$ion No. 2224933 y ~ N0TARYPUkjG4AUFCIRWA n LOS ANMES COUNTY fly C-M,alwa JAPIUMY 7,2022 Signature (Seal) Page 199 Item#1. EXHIBIT A PARCEL NUMBER S1214438420 ADDRESS 2390 West Overland Road, Meridian, Idaho DESCRIPTION PAR#4200 @ W SIDE SW4SE4 SEC 14 3N 1 W R/S 4746 #8416-B - �` it>•.?'u°wNr[`n sw �PYe®IR�'11 .4` xtiT�Yzi0.tt ii§P�ra�uci�a• ,� r,•y Yrr Ptry.'•�+Pw 9➢SFs�iLaghJ a.rLwi sraea.3js_y .1 ~ r�➢'ra%.Yvw •�Y1a•9F'Y.YVIf� iP.+91rY Sr•'4.IUJh P �" ' _- .a'1n".:.4:,`ra.r.. _.a--�---��^ �rµT•.i•w iv}.-yK4r aT P . .. +Wrvrr aYar�. J �( I iana 1 r� i • rrm�rrn+Hf.ra y I i •uv+w+s➢sr li s we yr xar.w rP.P«r o t A£rE8e�5- 6 ,. ➢xrrraa nhr 6 ywcr rw.enur+n vrazn �� f`7 r *[O.A aTC R9r++rr+./ni• TN 17 91�5T bii�R•srare fr[c v k[.a➢ y'P yy i.� sP PiNar i-M 4•➢rIP raY(Q=K ' t P V W al r-:i+Yuri.Y tom•i�[45➢xi N l�.rir•tfrr nennr mE'YL^F�C I]Y iasE�t R I is I •—� �.,ra•itY ttLSYt]Y P'•ia'imii 1~. c eu 1 J Y�hS��w+X ust i;MT.P�: APE% wYKR N3•§I-Y'7 _.cy '`-.• _ —L. VANCE F.AND SAMARA J. JANMBX ➢nr'Prrr P W." mu'. •,ry rUr 1 K m.•wx[Sr+fr S'Pa Wr4 Yr'•1• a�fit.siY E:.rK RPdfNT.4 sM[LCQlr RL 4, - :!w atY b i!'M�i Y+t>.�+t ar a.rxua K+4 P.iW "d5 r�4 Lm:+�5 6A Page 200 Item#1. AGRICULTURAL OPERATION CONSENT FORM COMES NOW Paul R. Blomberg, Trustee of the Paul R. Blomberg Revocable Trust 9-3- 2002 and states that the Paul R. Blomberg Revocable Trust 9-3-2003 owns that certain property generally described as Parcel Identification Number S1214449021 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 Ten Mile—Linder Urban Renewal District Eligibility Report, prepared by Kushlan I Associates and as attached hereto as Exhibit C. Further,Paul R. Blomberg,Trustee of the Paul R. Blomberg Revocable Trust 9-3-2002, hereby provides 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 Codc, as amended,as the property possesses certain characteristics of eligibility. DATED this ;�3 day of 2021. Paul R. Blomberg Trustee STATE OF TDAHO ) ss. County of Ada ) On this 3EF day of 2021,before me,a Notary Public for the P ul R.Blomberg,known or identified to me to be the state of Idaho,personally ap�eare Manager of the Paul R. Blomberg Revocable Trust 9-3-2002, who executed this instrument in his capacity as Trustee. "■■■s@ go OT 4ary�mublic rnission Expires on dr - i 020182077 + % a O -VON s Item#1. EXHIBIT A PARCEL NUMBER S1214440021 ADDRESS 1940 West Overland Road, Meridian, Idah© DESCRIPTION PAR#9021 OF SE4SE4 SEC 14 3N 1 W RIS 2412 EXC RIW #449020-B SURVEY RECORD RECORD CE SURVEY NC. 2-/Z airCCHO .�anrn f. 6 ro..a r4r.w Sw +i'•Espy. I f `r f QcmTp ICATE OF i 4•nr,!.-rACY.r'N 4ro1 -+r a Rpyv+t r.,.i n.Ws v i.n.,v.e im rH. W .,... !br Ma C.erw fehw.WroS rd qa=n SW W s'IRv r �3 ill W 55'dv3 r9 w rA.aJ a Ciid k � rr>ti.W b.rrw V u ylpy-.yy.� .S irrw Y: w9� t I ±. •ri a STATE of ICIAHD, COUNTY OF AD^. 53 I f 4.�u,r�r an 4j31 RS�o I v _�lK.AYiA�G 1l:�Yitlf sue+ —"_�' .—_.»_ .-.—= >r .,•.... PIE NO INBE%No.An sulm]II-•h2-7-4-W-Cb YRFBLS 4JNNEIWC -MT[0•tlCTWI X iri 1 4 91 TW Y V4 it NnRs w�ur w•a anu IR 9a�.iL.ILf`A,3Y. r •_ q.!ry rIC' _y- bMPb 1i1 "AYmI Page 202 Item#1. AGRICULTURAL, OPERATION CONSENT FORM COMES NOW Jon Brennan,Manager of5B1031 LLC, an Idaho Limited Liability Company, and states that 5131031 LLC owns that certain property generally described as Parcel Identification Number S1214346905 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 NOT 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 Ten Mile—Linder Urban Renewal District Eligibility Deport,prepared by Kushlan I Associates and as attached hereto as Exhibit C. Further,Jon Brennan, Manager of 513 103 1 LLC, hereby provides 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. DATED this 20th day of August ,20211. J r re an anager STATE OF IDAHO ) ssa County of-a QPmr-41— ) This record was acknowledged before me on Ab a6 c?va[ (date) by Jon Brennan on behalf of 5B 1031 LLC in his capacity as its Manager. (stamp)rINA M PAYIdtD&Y,6—:M Notary Public-state of Idaho Notary Public Commisslon kumher 60473 r�� f MY Cammisslon Expires Nov , 2024 My Commission Expires oil .�c� Page 203 Item#1. >r EXHIBIT A PARCEL NUMBER 51214346905 ADDRESS 2960 West Dutch Farm Road, Meridian,Idaho DESCRIPTION PAR#6905 @ SW COR SE45W4 SEC 14 3N 1 W PARCEL 1 R/S 4360 EXC R/W #346610-B SURVEY RECORD A'fR�T('p R 1N[ffiW7M�51 ff Pr 1kf TWIlOW91,1/4 Of KCT*. as Idywp77rP}rpiirry,Rai[r wv w1f ff{IlpYN ,4Pi,� i�CGLW7',;7P/1ilF rfWf '_�j�pgerr +3 ev .SASS OF 8 :1YS- �5 1• r:4 aT.erfrtl {n►r+r9■irrlr ply n•wnurvx � �'�V __ a�e��.sT �rt/t•�V�nraTl.Ewa i�+. 'a•N � ±osr a�rri,�y,•�v Amara n sw��es.ra+cw =✓��p��ri � !#Wr 4�WArR W i rraY C SFd taW raA rY R®S 2519 �yy 1 l • ILaaC lv.J'aP K+rfefT 1 � G s y�ev ti 4nN'IC W Mr.1/4 Ail p•nrrf+Le 51!1/4 rr 1 I pevwc sAAfE I 1 rr r J HE T y, S1f7 E3 PIJR: LS7Y! �_—e_�-�___ 4 T i�i 1Y�ffiR✓�AR4R Wlr�li Y+-ar.V 1f4 a-• w"�`ynrr'4Pa+�eee"aeL'a-` A w°'.e. `�i i VolSW 1/4Li a.enr'r"b aae .ra nr ar+�a" •`a yar +LCr'm PAX,W r 2 = K Lund 3wvarn2 3,fei7 as ss I av�4,�o-ow ra"t i< F: ms_ N" W, xs Page 204 Item#1. Attachment 8 Ada County Board of County Commissioners Ordinance No. 932 (Intergovernmental Agreement and Transfer of Powers Ordinance) [To Be Inserted Upon Adoption Page 205 Item#1. ORDINANCE NO. 932 TRANSFER OF POWERS ORDINANCE: AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF ADA COUNTY, IDAHO, ADOPTING FINDINGS ON THE NECESSITY OF THE URBAN RENEWAL PLAN FOR THE LINDER DISTRICT URBAN RENEWAL PROJECT; PROVIDING THE CITY OF MERIDIAN WITH THE RIGHT, POWER, AUTHORITY, AND OBLIGATION TO ADMINISTER THE URBAN RENEWAL/REVENUE ALLOCATION AREA PURSUANT TO CHAPTERS 20 AND 29, TITLE 50, IDAHO CODE, AS AMENDED; GRANTING THE REVENUE ALLOCATION PROCEEDS DERIVED FROM THE REVENUE ALLOCATION AREA LYING WITHIN UNINCORPORATED ADA COUNTY TO THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, ALSO KNOWN AS THE MERIDIAN DEVELOPMENT CORPORATION; ADOPTING THE INTERGOVERNMENTAL AGREEMENT IMPLEMENTING THIS ORDINANCE; AND AUTHORIZING THE CHAIR TO SIGN SUCH OTHER AND FURTHER DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT THE INTENT OF THIS ORDINANCE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ADA COUNTY, IDAHO: Section 1: That the Board of County Commissioners, after reviewing the Linder District Plan delivered to Ada County on November 2, 2021, finds: (a) the Linder District Plan and Project Area is eligible under the statutory criteria and is appropriate for an urban renewal project; (b) the adjusted base assessed values of all existing and proposed revenue allocation areas within the City do not exceed ten percent of the current assessed taxable value of the City; (c) the proposed Linder District Plan and Project Area is financially feasible given the assumptions used in the Linder District Plan; (d) the required consents from the owners of agricultural operation lands within the proposed Project Area have been given; and (e) the City has the authority to proceed with the creation of the Linder District Plan and Project Area after the adoption of this Ordinance by the Board of Ada County Commissioners. Section 2: That this Ordinance is adopted to approve and confirm the duties, roles, and responsibilities of the City of Meridian, Idaho (the "City"), the Urban Renewal Agency of Meridian, Idaho, also known as the Meridian Development Corporation (the "Agency"), and Ada County, Idaho for that portion of the revenue allocation area, as defined and described in the proposed Urban Renewal Plan for the Linder District Urban Renewal Project (the "Plan") lying outside the corporate boundaries of the City, as illustrated in Exhibit 1, and to transfer power as provided in Idaho Code Section 50-2906(3)(b) and to reconfirm the necessary declaration set forth in Idaho Code Section 50-2018(18). Section 3: The revenue allocation proceeds from areas lying within the boundaries of the Linder District Plan and Project Area shall be devoted to the statutory purposes as described in the Linder District Plan and as authorized by the 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. ORDINANCE NO. 932 - 1 Page 206 Item#1. Section 4: That the Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code § 50-2906(3)(b) (the "Agreement") (which also supports the County's declaration as required by Idaho Code Section 50-2018(18) as also set forth in Resolution No. 2676) is hereby approved and accepted. Section 5: That the Chair is hereby authorized to execute any further documents necessary to carry out the intent of the Board of Commissioners as expressed in this Ordinance and in the Agreement. A copy of this Ordinance and the Agreement shall be held on file in the office of the County Clerk. Section 6: Severability. The sections of this Ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 7: Effective Date. This Ordinance shall become effective upon its publication pursuant to Idaho Code Section 31-715. ADOPTED this 7th day of December, 2021. Board of Ada County Commissioners By Rod Beck, Chairman By Ryan Davidson By Kendra Kenyon ATTEST: Phil McGrane, Ada County Clerk ORDINANCE NO. 932 - 2 Page 207 Item#1. Exhibit 1 (Properties subject to the Ordinance) ORDINANCE NO. 932 - 3 Page 208 Item#1. Legend .■Under r cis*ct ,�&ust5ng URC / /j /jn !/ Exwrsion y� t� $• / R'Trout County Parcels / /' 'I rout �l Cty ima j�/.JC�/��// // ,/Honker Ten Mile Road /// Revenue/fir/fy' Natigator _y _ i.C%/ Verbena � /8 �/ / fSabnon/ Dutc/h/Farm Overland -- / �, zj/j / �/ j Flowery /Davenport ,American Fork / /cd/�/ / / %/'�/// // �//Y• oHenrys% ✓ !/ / phi' / / r I� 1,000 Linder Inein•.arrUlwn:nrnxnon!9e rtnPeccmplee tom rvnu::cu. ores:uPxtto cor_!ar,i nra:cn.lM.ryot N9neb^m�O'o;n0 waro+ry ar puvanloo a:ro lM ccnXnr,o=curacy.tr91r9z.wco�nperme::ol arq'ot tie OCa ProvbeC,a.:oo�mes nolopol�solry for'r:a m.rcrmar9ncmrenea an!.:r.:noP. •.t Page 209 Item#1. INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b) This Intergovernmental Agreement is entered into this day of , 2021, by and between Ada County, Idaho (the "County") and the City of Meridian, Idaho (hereinafter, "Meridian"), and is made for the purpose of complying with Idaho Code Section 50-2906(3)(b). RECITALS WHEREAS, the County is a duly organized and existing county under the laws and the Constitution of the State of Idaho; WHEREAS, Meridian is a duly organized existing municipality under the laws and the Constitution of the state of Idaho; 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 (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, there are currently three (3) existing urban renewal and revenue allocation project areas in Meridian, which are commonly referred to as follows: the Downtown District, the Ten Mile District,and the Union District. The Downtown District includes parcels located within unincorporated Ada County, which is governed by the Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code Section 50-2906(3)(b), by and between the County and Meridian, dated March 18, 2003; WHEREAS, based on inquiries and information presented, certain interested property owners, the County and Meridian commenced certain discussions concerning examination of an additional area within Meridian and within the unincorporated County as eligible for an urban renewal project; WHEREAS,in 2021,Kushlan I Associates commenced an eligibility study and preparation of an eligibility report for an area approximately 195 acres in size including properties and roadway, referred to as the Linder District Study Area,which is an area generally bounded by Ten Mile Road on the west, Interstate 84 on the north, Overland Road on the south, and what would be an unimproved section of Linder Road on the east. Additionally, the Linder District Study Area included three (3)parcels located west of Linder Road and north of I-84 (the "Study Area"); WHEREAS, the Agency obtained an eligibility report entitled Linder Urban Renewal District(Proposed) Eligibility Report, dated May 2021 (the "Report"), which examined the Study INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 1 (Linder District—Meridian) Page 210 Item#1. Area, which area also included real property located within unincorporated Ada County, for the purpose of determining whether such area was a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8); WHEREAS, the Agency, on May 26, 2021, adopted Resolution No. 21-024 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 for the Study Area, which plan may include a revenue allocation provision as allowed by law; WHEREAS, the Agency also authorized the transmittal of the Report to the Ada County Board of County Commissioners for purposes of obtaining a resolution determining such areas outside the boundaries of incorporated Meridian and within unincorporated Ada County to be deteriorated and/or deteriorating and finding the need for an urban renewal project for the proposed Study Area; WHEREAS, Idaho Code Section 50-2018(18) provides that an urban renewal agency cannot exercise jurisdiction over any area outside the city limits and within its area of operation without the approval of the other city or county declaring the need for an urban renewal plan for the proposed area; WHEREAS, the area considered within the Report included certain properties within unincorporated Ada County; WHEREAS, the Report was submitted to the Ada County Board of County Commissioners, and the Ada County Board of County Commissioners were asked to adopt a resolution finding the need for an urban renewal project for the proposed Study Area; WHEREAS, the Ada County Board of County Commissioners adopted the Agency's finding concerning the proposed Study Area by adopting Resolution No. 2676 on September 30, 2021; WHEREAS, the Meridian City Council, by Resolution No. 21-2289, dated October 5, 2021, 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, Title 50, Idaho Code, as amended, that such Study Area is appropriate for an urban renewal project, that the Ada County Board of County Commissioners directed the parcels north of Interstate 84 and west of Linder Road should not be included in any proposed revenue allocation area, that the Ada County Board of County Commissioners adopted the necessary resolutions and directed the Agency to commence preparation of an urban renewal plan; WHEREAS, the City and the Agency embarked on the planning of an urban renewal project referred to as the Urban Renewal Plan for the Linder District Urban Renewal Project (the "Linder District Plan") to develop and/or redevelop a portion of Meridian, a portion of which is INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 2 (Linder District—Meridian) Page 211 Item#1. within unincorporated Ada County adjacent and contiguous to the City, that is intended to be annexed into the City prior to development, pursuant to the Law and the Act, as amended; WHEREAS, the Linder District Plan proposed to create an urban renewal and revenue allocation area commonly known as the Linder District project area (the "Linder District Project Area"); WHEREAS, the Agency and its consultants have undertaken the planning process during 2021; WHEREAS, the area included in the Linder District Project Area is smaller than the area assessed in the Report, which Linder District Project Area is illustrated in Exhibit 1; WHEREAS, the required property owner consents for any parcels deemed to be an agricultural operation included within the Linder District Project Area have been obtained by the Agency; WHEREAS, the Linder District Plan contains the provisions of revenue allocation financing as allowed by the Act; WHEREAS, the Agency Board on October 27, 2021, adopted Resolution No. 21-053 proposing and recommending the Linder District Plan; WHEREAS, the Agency, by letter of transmittal dated October 28, 2021, submitted the Linder District Plan to the Mayor and Meridian City Clerk; WHEREAS,the Mayor and City Clerk are taking the necessary action to process the Linder District Plan consistent with the requirements set forth in Idaho Code §§ 50-2906 and 50-2008; WHEREAS,appropriate notice of the Linder District Plan and revenue allocation provision contained therein has been given to the affected taxing districts and the public as required by Idaho Code § 50-2906; WHEREAS, after notice duly published, the Meridian City Council at its regular meeting to be held on December 14, 2021, will hold a public hearing and will consider the Linder District Plan as proposed; WHEREAS, Idaho Code Section 50-2906(3)(b), requires an agreement between the Meridian City Council and the Ada County Board of County Commissioners, governing administration of a revenue allocation financing provision for any area extending beyond Meridian's municipal boundary and located within the unincorporated County, and such agreement must be formalized by a transfer of power ordinance adopted by the County; WHEREAS, there are certain properties within the Linder District Plan and Project Area which extend beyond Meridian's municipal boundaries and into the County, as illustrated in INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 3 (Linder District—Meridian) Page 212 Item#1. Exhibit 1, and as more particularly described in Exhibit 2 attached hereto and incorporated herein by reference; WHEREAS, the Meridian City Council and the Board of County Commissioners desire to enter into this Agreement to avoid any uncertainty regarding the Meridian City Council's jurisdiction and authority to establish the Linder District Project Area and the Agency's authority to implement the Linder District Plan concerning those properties which are outside Meridian's municipal limits and within the County; WHEREAS, the Meridian City Council and Board of County Commissioners deem it in their collective best interests to enter into this Agreement covering said properties and assuring compliance with the Act and Law, Idaho Code Sections 50-2906(3)(b) and 50-2018(18) respectively; NOW, THEREFORE, it is mutually agreed as follows: AGREEMENT 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to detail the duties, roles, and responsibilities to be provided by the parties with respect to compliance with the Act and Law,Idaho Code Sections 50- 2906(3)(b) and 50-2018(18)respectively; 2. GENERAL PROVISIONS The Ada County Board of County Commissioners does hereby agree that the Meridian City Council shall have the right, power, authority, and obligation to administer the Law, Act and particularly the revenue allocation financing provisions of the Linder District Plan for that certain property which is contained within the boundaries of the revenue allocation area as defined in the Act and the Linder District Plan, which property extends beyond Meridian's municipal boundary and into the unincorporated County. The property governed by this Agreement is illustrated in Exhibit 1 and more particularly described in Exhibit 2 of this Agreement. The County,by passing Resolution No. 2676, has declared the need for urban renewal activity in the area which extends beyond Meridian's municipal boundaries and into the unincorporated County. By agreeing to the administration of this property by the Meridian City Council for the limited purposes of implementing the Linder District Plan, the Board of County Commissioners agree all revenue allocation proceeds generated from such property shall be available to the Agency for all purposes authorized under the Act and the Linder District Plan. Following the establishment of the Linder District Project Area, the Agency shall administer the revenue allocation provision affecting this property as allowed under the Act and the Linder District Plan. Additionally, the Board of County Commissioners acknowledges the Linder District Plan will be reviewed by the Meridian Planning & Zoning Commission for the Linder District Plan's conformity with the general plan for the development of Meridian as a whole consistent with and INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 4 (Linder District—Meridian) Page 213 Item#1. limited to the requirements of Idaho Code § 50-2008(b). The Board of County Commissioners defers to the Meridian Planning&Zoning Commission's review and recommendations as required by Idaho Code § 50-2008(b) solely with regard to adopting the Linder District Plan. The Meridian City Council expressly acknowledges the parcels located within unincorporated Ada County are subject to and shall be developed in conformity to the 2019 City of Meridian Comprehensive Plan as adopted by Ada County Resolution No. 2620, Ada County Zoning and Development Codes as well as the Linder District Plan, recognizing the intent to seek annexation of the parcels located within the unincorporated County into Meridian prior to development, which development is intended to occur in phases over the life of the Linder District Plan and Project Area. Ada County defers to the Agency to implement and carry out the Linder District Plan. The Board of County Commissioners shall approve this Agreement by the adoption of a transfer of power ordinance and the Meridian City Council shall approve this Agreement by the adoption of a duly authorized resolution. Upon approval and adoption of the ordinance and resolution referenced above, the Meridian City Council shall take the necessary steps through the Meridian City Clerk to transmit a copy of the County Transfer of Power Ordinance to the County Auditor, County Assessor, the County Recorder,the other taxing districts of the revenue allocation area, and the Idaho State Tax Commission. 3. SPECIAL PROVISIONS Public Improvements. In consideration of this Agreement, the Board of County Commissioners hereby consents to those certain public improvements identified in the Linder District Plan which may be acquired, constructed or installed on certain rights-of-way not within the Meridian city limits. 4. EFFECTIVE TERM This Agreement shall be deemed effective upon the execution of this Agreement by both the Board of County Commissioners and the Meridian City Council and shall remain in effect for the duration of the Linder District Plan. This Agreement shall be of no further force and effect as it relates to any parcel or parcels as illustrated and described in Exhibit 1 and Exhibit 2 upon those properties or portions of those properties then being included within the municipal boundaries of Meridian, currently, or through Meridian's annexation process. 5. MODIFICATION This Agreement may be modified or amended in writing if executed by both the Board of County Commissioners and the Meridian City Council. INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 5 (Linder District—Meridian) Page 214 Item#1. 6. ENTIRE AGREEMENT Except as provided otherwise herein,this Agreement and any attachments hereto constitute the entire Agreement between the parties concerning the subject matter hereto. IN WITNESS WHEREOF, the Board of County Commissioners and the Meridian City Council have executed this Agreement by proper persons thereunto duly authorized as of the date first hereinabove written. COUNTY: BOARD OF ADA COUNTY COMMISSIONERS By Rod Beck, Chairman By Ryan Davidson By Kendra Kenyon ATTEST: Phil McGrane, Ada County Clerk CITY: CITY OF MERIDIAN, IDAHO By Robert Simison, Mayor ATTEST: Chris Johnson, Meridian City Clerk INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 6 (Linder District—Meridian) Page 215 Item#1. Exhibit 1 (Map of Properties Within Unincorporated Ada County) INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 7 (Linder District—Meridian) Page 216 Item#1. '$rovrr�,7rO4t ' Linder dtE tat 6ddingURD a Excursion + Eider- � �� .Rainbawf Ccunty Pvaels o I f / / 'r .Trout 17 71 City Limits / :. .x , ,� r{ Jion"r .Revenue �avigatior _ I Nation•�rrea �� � i Salman _ Z,77 7 7 - - - - - d 0 f■ ifr ■--F■ i ■ No Now w# # f ■ I Tasa. ' L Dwhdh:Farm{ — � - Y Q11d I tlyy s - in /C01 ��'Y !! I+ypod Gtt reF / cf xl( - Linder 0 r.��dorrpllsy�shover a��k�rnp saarrpllea kamvadaussav2asaro is wbjxFisy�ors'ori�a�an.�heiJryal .. : n rrukes rax+a^a�h,rar q�Qoriee os halrtcanFenF,accUocy.irraYrrs,arcanocFrnassai9rryrai Itie�o F ca,a�a asa ryes�a lapol res�•x st�Hy io- �a Mtarr�ohor canlairca a� �e i op. Page 217 Pfint Date: t Item#1. Exhibit 2 (Description of Properties Within Unincorporated Ada County) 4848-7171-9628,v.3 INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 8 (Linder District—Meridian) Page 218 Item#1. PARCEL NUMBER S1214438705 ADDRESS 2010 West Overland Road, Meridian, Idaho DESCRIPTION PAR#8705 @ SE COR SW4SE4 SEC 14 3N 1 W #438702 ID-55 N sd Vtv Ila Page 219 Item#1. PARCEL NUMBER S1214346705 ADDRESS West Overland Road,Meridian,Idaho DESCRIPTION PAR#6705 N'LY&E'LY POR SE4SW4 S OF INTERSTATE SEC 14 3N 1 W PARCEL 2 R/S 4360 EXC R/W #346072-B SURVEY RECORD SIVA rZO 01 M£SOU H"Sr 1%Of 7HF SOMWFSr 14 Of S£CHON r4 7 OM13HlP 3 NORM.RAHOF J WFSI,WISE YfRlOGuV4W„ J AOA C99 1D.1H0.(9 l G98 f—'L.pp BASIS OF HEAFGVOS: NCi[r r.MI1 P ifd OY>w rr M I.iwM!nL b nr , — �.,;• •�� �,,. ____ M(aa.cF frxX rCwll�t A;ill M An]�m b 1Nlr 11llatF'.6t Z A r/. .f. •I I.V)U0.t.i 1>•'fl'JSG a�"F'O'm"` � ROS 2518 y CECE/f0: i I • raAa Wa w MitLK • HxraW nw.w IIW� 1/h Aor.n Gr SW1/h I M 1/h y -I-Ir M]P-Cv-4Y r I SW l R I I SURV£YG,4'S CEHT1FiCA%f CRVW SCALE JowDr a AnYD➢19..ausa�can s.nnol M lW lfi�fOv�f�Cp�fll An�fT�alP�'vtim�� I ��G'FU1TC uu 4XR1PC��M(I.�?TWY YM J --------- -----------f..fr....... _�� SU�EY FOR: / 18 I u��9 a j z l T I�I S 1/4 SE NOT. Sw 1/4 S7 i/4 im .f."a�w�oe`'a v`•nv''�a^"a on ur ,w�ir�o r>�.�nw'�`""�4or •,e nn u union u,.r ,....v wlwo.or. rcr lase Prcc I rr f rsc er jq¢(L urveyrng 2 w X LDnd SGrveyiny A01 Ss.Wwhinpfnn An. �9 Fm I.Ida3e arbtl �f'IP1 t5 to '�nf.ur 108)J65-il 22 23 FOVFR4RD ROAD— 7�r IA �ot: 8383 e VrfaY• ama.• �3 aL1A'Nv JI.-I.-3-14W-00 A9 M1y Y.lyq Page 220 Item#1. PARCEL NUMBER S1214438600 ADDRESS 2090 West Overland Road, Meridian, Idaho DESCRIPTION PAR#8600 OF SW4SE4 SEC 14 3N 1 W #438423-B f Page 221 Item#1. PARCEL NUMBER S1214438420 ADDRESS 2390 West Overland Road, Meridian, Idaho DESCRIPTION PAR#4200 @ W SIDE SW4SE4 SEC 14 3N 1 W R/S 4746 #8416-B FECCR] a wR4,50-16 ]-,e•Rif�a+r•x 99o9)/a{ - •1MftC:Y wWEB �M.•(,J•:Q.7 9 i [nv Y[i•a•nl•Afi r l ,Y 6 Fa.«a IaMw z•+r[x;ow•r faiKnMax siufx Rmxr-vu•+ INi .—('JJ+D s,r!id rfx vl)N BASS LT BEARING d F.S r[RSr�lE xtdv+r 6M-•. ,.� [FMfAi np=rs]•DD� A]TJ c•r w•x[a �` '. xNR 1f-M / S Rrs•'A•C CD42' rauxD IDMY Si+)[xaMVN I i 1 SaaM R......... 'R�[%r+f[xaFY+e �^ - -• r 1 < 1�� r mr { . Favw.cwMiul T+r 1 � , B reap xfM.vrt W sF+Si C•r . rwD r.az ar • rnAa yr T109 rw .r:ear r:x 1 f • 'uwn rx•y�srCR I I REFEREN,'ES• J riaxe .-r RAuiuu:P:¢ DE®D to slaver ff6)9uKrrt M1.9iFa>,u T[r yr•x:Rw r;x = I RSPa Y TVMI i SrauKJlt fd.%tiJSD . DFG^!n B SMNCF dSTRUK+I M.1].)A!a ,a Rarnn W SMDVR a6)WKx)f0-B9]atM SCr rS w:L �1 �� 1 10•x�0 T>YATC x;GN+r R�w[�M LLS iRTI[Ki.fE WI+T 9[C90 I XlrilY+r 1-M fl•1•a rWE6 L:M 3 --——� rep[efr Fetawer L:.•[ �} 8I N❑T K —r—s hIs+R4 rLK[LLK x R]Rs s TJv[r S[KRf[YS I+TIaKM•MYL:+en•I+ CERMCAiF RF SURWYQR ! F�a Irr a!a.ul — tsi Or avC4wa R:1•F - Ma s>p A] RECCWRtN- NRE% NLMBFR. 7:3-I4-2-7-C-DC t.— VANCE E.AND vSANDRI J. JANfCEX '� s es•Inr[ xx.w xsxr:• +^+-Iw sE esn.•.rtsV•,a s a.v]9f,l.>••ia Fq,Rp[D+tf W rR ME BOBdBT A'UTNd65UN Rl d* a nc saa v oaw Vu:xtr!a]•fun � YM)SL'K s ar[wAsf ff••D rnw ItgS RC,NC NtIyS RR. AN X Page 222 Item#1. PARCEL NUMBER S1214449021 ADDRESS 1940 West Overland Road, Meridian, Idaho DESCRIPTION PAR#9021 OF SE4SE4 SEC 14 3N 1 W R/S 2412 EXC R/W 4449020-B SURVEY RECORD RECORD OF SURVEY NO. 24JZ p �t .e.u.•... ,:.:. �.ECENO ' wyolsr�rt r 9 rw,e•nar ym • snT�yP•Pw.a TnO w.,ma ro Sal fc N'P" r. 1 S a N41Vw .r.awr w s.eb.lwa I I [amw:l w I ,I A I ¢rl I CERTIFICATE OF SURVEYOR rl I I.Y:raw:F M�1a,Go nwapy caN.ly IM ^n a R y .Td s!vayw.1'cmw py ma Stab oy IaN0.Ctl Nad ffh ,I I '' m�.pa veep OrpweJ item ar:c.. "d +'oM a:rlta I pWnS�Ybr,nY tlpar u:Pwly:w.,..< d 1 bP mop ccarala rPprwtCbY al w:•a•'aaY.antl la.eonlrn, w'M Ilia Gwnw P.9a+_CIPn:^G�FPny Ptt Slcla of earn !)oda LS-P01 WPu9p 55'SI[mtl b Ina:tl.a Cade I I, � re Cry b S.rvrya I e r. 1 i.. �A al�yal:.,rwal .S rip 4a.ao99 I I' ay+A I I STATE OF IDAHO, COUNTY OF ADA. SS �IS'i11,MA.T NO�i3)R O ECOPO�:14.Pp ST 7 n):, M3� _ 'rr'[[y4��lCY P.M _ S�Ot �Lr�'1.1v I I I I Ol.AC VRVMM KC-XII 6Y:1')(YP�tYgJ� %PJTT I I RECORDING INDEX N0.314-14-2-2-0-00-00 "•anao Y u yS S WY FOR ELNO POW= MARKS SURVEYING -MIIC,OF TPC SE V.v P+E%'/y gym.la•ln iP�mr ao-a P,Po ayro 3Y. yw:cJvn.�wra Page 223 Item#1. PARCEL NUMBER S1214346905 ADDRESS 2960 West Dutch Farm Road, Meridian, Idaho DESCRIPTION PAR 46905 @ SW COR SE4SW4 SEC 14 3N 1 W PARCEL 1 R/S 4360 EXC R/W #346610-B SURVEY RECORD S)nfATFD M Mr SWlNEAS!//1 Di 7NE SONMWFSr 114 OF S(c>'!ON la IO"Mor]/be RANOf I WCST,MSr AWROUN -„� AAA COUNTY,Ammo rope •_' //,+ f %fit 00 nv. eur SASS OF SEE?M�.5. IS to mr oa oarwv 3 M�enr ur tr or ROS 2510 1y. I i � 9 /LtM LraSr u+rtaaNr _ • /ULM An'l0Y IM L^ J O 4T Lr rCV/'N W/Rl}Ta' MW 1/4 �Y SW 1/4 NZ 1/4 $ ....... WpAaIOG 5^JLF � I N�M 0I > K rUrFY ARLMmT DOR'ri n<AdKY MGRLV Ai Pwarrm.Yv m1tlNE GM lnNOt M K[LpQ W1H ' s rrrsrr r ,aar �po SUF..I FOR i373y Ea.w'apr..r._._r` r —aos.�,•�� lo—w. Fill- swl 1. ' T NOTE s'N 1/4 nx m reneYc ao mwr awrc aorAenaa o oar n.ow ro aoo rwu.Wo ns axarr oaKo.. u I4 .nn a o0QlpnpG A&Y low PACE I CP r _IT isc er(¢,yti Surveying 'Wra-,saute - Y x 2 iy K Lm+d Swvoyina � oAr rru r.rNa f �r� . � (Oi So.WoNrlfiphn AVP, j� bia�wa°P�wr � FmmafC!d•ho HJel7 'i J7{ s u £ovrpuxo ftAo IMP u 1 f J 30-4 Z T2123 x AYrvtY Y a.eaa• I[1FX Ib.S:hIhAI-6-m-00 Ap Rh ilOLl Page 224 Item#1. Attachment 9 City Council Resolution No.21-2299 (Intergovernmental Agreement) [To Be Inserted Upon Adoption] 4840-9372-3624,v. 7 Page 225 Item#1. CITY OF MERIDIAN RESOLUTION NO. 21-2299 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO,TO PROVIDE FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b) BETWEEN ADA COUNTY, IDAHO AND THE CITY OF MERIDIAN, IDAHO; PROVIDING FOR AREAS OUTSIDE THE CITY LIMITS TO BE INCLUDED WITHIN AN URBAN RENEWAL AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor (the "Mayor") and City Council ("City Council") of the city of Meridian, Idaho (the "City") have the authority (pursuant to Idaho Code §50-302) to establish resolutions not inconsistent with the laws of the State of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; WHEREAS,the City Council on or about July 24,2001,adopted and approved a resolution creating the Urban Renewal Agency of the City of Meridian, Idaho, also known as the Meridian Development Corporation ("MDC"), authorizing MDC 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 (the "Act") upon making the findings of necessity required for creating the MDC; WHEREAS, there are currently three existing urban renewal/revenue allocation areas in the City; WHEREAS, MDC obtained the Linder Urban Renewal District (Proposed) Eligibility Report, dated May 2021 (the "Eligibility Report"), which examined an area of operation of the City, in an area known as the Linder District 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 or a deteriorated area as defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8); WHEREAS,the MDC Board,on May 26,2021,adopted Resolution No.21-024 accepting the Eligibility Report and authorizing the MDC Chair, Vice-Chair, or Administrator of MDC to transmit the Eligibility Report to the City Council requesting its consideration for designation of an urban renewal area and requesting the City Council to direct the Agency to prepare an urban renewal plan for the Linder District Study Area, which plan may include a revenue allocation provision as allowed by law; WHEREAS, Idaho Code Section 50-2018(18) provides that an urban renewal agency RESOLUTION FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE §50-2906(3)(b) -URBAN RENEWAL AREAS OUTSIDE CITY LIMITS - 2 Page 226 Item#1. cannot exercise jurisdiction over any area outside the city limits and within its area of operation without the approval of the other city or county declaring the need for an urban renewal plan for the proposed area; WHEREAS, the area considered within the Eligibility Report included certain properties within unincorporated Ada County; WHEREAS,the MDC Board also authorized the transmittal of the Eligibility Report to the Ada County Board of County Commissioners for purposes of obtaining a resolution accepting the Eligibility Report and determining such area outside the boundaries of the City and within unincorporated Ada County to be a deteriorated area and/or a deteriorating area and finding the need for an urban renewal project for the proposed Linder District Study Area; WHEREAS, the Eligibility Report was submitted to the Ada County Board of County Commissioners, and the Ada County Board of County Commissioners were asked to adopt a resolution finding the need for an urban renewal project for the proposed Linder District Study Area; WHEREAS, the Ada County Board of County Commissioners adopted MDC's findings concerning the proposed Linder District Study Area by adopting Resolution No. 2676 on September 30, 2021; WHEREAS,the City Council,by Resolution No.21-2289,dated October 5,2021,declared the Linder District Study Area described in the Eligibility Report to be a deteriorated area or a deteriorating area, or a combination thereof, as defined by Chapters 20 and 29, Title 50, Idaho Code, as amended, that such area is appropriate for an urban renewal project, that the Ada County Board of County Commissioners directed the parcels north of Interstate 84 and west of Linder Road should not be included in any proposed revenue allocation area, that the Ada County Board of County Commissioners adopted the necessary resolutions and directed MDC to commence preparation of an urban renewal plan; WHEREAS, the City and MDC have undertaken the planning process during 2021; WHEREAS, MDC prepared the Urban Renewal Plan for the Linder District Urban Renewal Project (the "Linder District Plan"), which Linder District Plan proposed to create an urban renewal and revenue allocation area commonly known as the Linder District project area (the "Project Area" or "Revenue Allocation Area") to develop and/or redevelop a portion of the area designated as eligible for urban renewal planning pursuant to the Law and Act, as amended, located within the City, and a portion of which is within unincorporated Ada County adjacent and contiguous to the City, that is intended to be annexed into the City prior to development; WHEREAS, the area included in the Project Area is smaller than the area assessed in the Eligibility Report; RESOLUTION FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE §50-2906(3)(b) -URBAN RENEWAL AREAS OUTSIDE CITY LIMITS - 2 Page 227 Item#1. WHEREAS, the required property owner consents for any parcels deemed to be an agricultural operation included within the Project Area have been obtained by MDC; WHEREAS, the Linder District Plan contains the provisions of revenue allocation financing as allowed by the Act; WHEREAS, the MDC Board on October 27, 2021, adopted Resolution No. 21-053 proposing and recommending the Linder District Plan; WHEREAS, the Agency, by letter of transmittal dated October 28, 2021, submitted the Linder District Plan to the Mayor and the City Clerk; WHEREAS,the Mayor and the City Clerk took the necessary action to process the Linder District Plan consistent with the requirements set forth in Idaho Code Section 50-2906 and Idaho Code Section 50-2008; WHEREAS,appropriate notice of the Linder District Plan and revenue allocation provision contained therein has been given to the affected taxing districts and the public as required by Idaho Code §§ 50-2906 and 40-1415; WHEREAS, after notice duly published, the City Council at its regular meeting to be held on December 14, 2021, will hold a public hearing and thereafter may consider the Linder District Plan as proposed; WHEREAS, Idaho Code Section 50-2906(3)(b) contemplates an agreement between the Ada County Board of County Commissioners and the City Council, governing administration of a revenue allocation financing provision for any area extending beyond the City's municipal boundary and located within unincorporated Ada County, and such agreement must be formalized by a transfer of powers ordinance adopted by the Ada County Board of County Commissioners; WHEREAS, there are certain properties within the Linder District Plan and Project Area which extend beyond the City's municipal boundaries and into unincorporated Ada County; WHEREAS,the Ada County Board of County Commissioners adopted Ordinance No. 932, the Transfer of Powers Ordinance, on December 7, 2021, which Ordinance authorized the Chair to sign and enter into the Intergovernmental Agreement for Roles and Responsibilities under Idaho Code Section 50-2906(3)(b)between Ada County and the City(the "Agreement"); WHEREAS,the Mayor and City Council deem it expedient and in the best interests of the City to establish and enter into the Agreement, to confirm the consent of Ada County under Idaho Code §50-2018(18), and to assure compliance with the Act and Law. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: RESOLUTION FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE §50-2906(3)(b) -URBAN RENEWAL AREAS OUTSIDE CITY LIMITS - 2 Page 228 Item#9. Section 1: That the above statements are true and correct. Section 2: That the Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code §50-2906(3)(b) (the "Agreement"), attached hereto as Exhibit A, is incorporated herein and made a part hereof by reference, and is hereby approved and accepted. Section 3: That the Mayor is hereby authorized to sign and enter into the Agreement. A copy of this Resolution and the attached Agreement shall be held on file in the office of the City Clerk. Section 4: This Resolution shall be in full force and effect upon the execution of this Resolution by the Mayor. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 2021. Robert E. Simison, Mayor ATTEST: Chris Johnson, City Clerk RESOLUTION FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE §50-2906(3)(b) -URBAN RENEWAL AREAS OUTSIDE CITY LIMITS - 2 Page 165 Item#1. Exhibit A Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code Section 50-2906(3)(b) 4823-0318-4844,v. 1 RESOLUTION FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE §50-2906(3)(b) -URBAN RENEWAL AREAS OUTSIDE CITY LIMITS - 2 Page 230 Item#9. A.r-PEEMENT NO. S INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b) This Intergovernmental Agreement is entered into this �day of 2021, by and between Ada County, Idaho (the "County") and the City of Meridian, Idaho (hereinafter, "Meridian"), and is made for the purpose of complying with Idaho Code Section 50-2906(3)(b). RECITALS WHEREAS, the County is a duly organized and existing county under the laws and the Constitution of the State of Idaho; WHEREAS, Meridian is a duly organized existing municipality under the laws and the Constitution of the state of Idaho; 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 (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, there are currently three (3) existing urban renewal and revenue allocation project areas in Meridian, which are commonly referred to as follows: the Downtown District, the Ten Mile District,and the Union District. The Downtown District includes parcels located within unincorporated Ada County, which is governed by the Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code Section 50-2906(3)(b), by and between the County and Meridian, dated March 18, 2003; WHEREAS, based on inquiries and information presented, certain interested property owners, the County and Meridian commenced certain discussions concerning examination of an additional area within Meridian and within the unincorporated County as eligible for an urban renewal project; WHEREAS,in 2021,Kushlan I Associates commenced an eligibility study and preparation of an eligibility report for an area approximately 195 acres in size including properties and roadway,referred to as the Linder District Study Area, which is an area generally bounded by Ten Mile Road on the west, Interstate 84 on the north, Overland Road on the south, and what would be an unimproved section of Linder Road on the east. Additionally, the Linder District Study Area included three(3)parcels located west of Linder Road and north of I-84 (the "Study Area"); WHEREAS, the Agency obtained an eligibility report entitled Linder Urban Renewal District(Proposed) Eligibility Report, dated May 2021 (the "Report"), which examined the Study INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 1 (Linder District—Meridian) Page 167 Item#1. Area, which area also included real property located within unincorporated Ada County, for the purpose of determining whether such area was a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8); WHEREAS, the Agency, on May 26, 2021, adopted Resolution No. 21-024 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 for the Study Area, which plan may include a revenue allocation provision as allowed by law; WHEREAS, the Agency also authorized the transmittal of the Report to the Ada County Board of County Commissioners for purposes of obtaining a resolution determining such areas outside the boundaries of incorporated Meridian and within unincorporated Ada County to be deteriorated and/or deteriorating and finding the need for an urban renewal project for the proposed Study Area; WHEREAS, Idaho Code Section 50-2018(18) provides that an urban renewal agency cannot exercise jurisdiction over any area outside the city limits and within its area of operation without the approval of the other city or county declaring the need for an urban renewal plan for the proposed area; WHEREAS, the area considered within the Report included certain properties within unincorporated Ada County; WHEREAS, the Report was submitted to the Ada County Board of County Commissioners, and the Ada County Board of County Commissioners were asked to adopt a resolution finding the need for an urban renewal project for the proposed Study Area; WHEREAS, the Ada County Board of County Commissioners adopted the Agency's finding concerning the proposed Study Area by adopting Resolution No. 2676 on September 30, 2021; WHEREAS, the Meridian City Council, by Resolution No. 21-2289, dated October 5, 2021, 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, Title 50, Idaho Code, as amended, that such Study Area is appropriate for an urban renewal project, that the Ada County Board of County Commissioners directed the parcels north of Interstate 84 and west of Linder Road should not be included in any proposed revenue allocation area, that the Ada County Board of County Commissioners adopted the necessary resolutions and directed the Agency to commence preparation of an urban renewal plan; WHEREAS, the City and the Agency embarked on the planning of an urban renewal project referred to as the Urban Renewal Plan for the Linder District Urban Renewal Project (the "Linder District Plan") to develop and/or redevelop a portion of Meridian, a portion of which is INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 2 (Linder District—Meridian) Page 232 Item#1. within unincorporated Ada County adjacent and contiguous to the City, that is intended to be annexed into the City prior to development, pursuant to the Law and the Act, as amended; WHEREAS, the Linder District Plan proposed to create an urban renewal and revenue allocation area commonly known as the Linder District project area (the "Linder District Project Area"); WHEREAS, the Agency and its consultants have undertaken the planning process during 2021; WHEREAS, the area included in the Linder District Project Area is smaller than the area assessed in the Report, which Linder District Project Area is illustrated in Exhibit 1; WHEREAS, the required property owner consents for any parcels deemed to be an agricultural operation included within the Linder District Project Area have been obtained by the Agency; WHEREAS, the Linder District Plan contains the provisions of revenue allocation financing as allowed by the Act; WHEREAS, the Agency Board on October 27, 2021, adopted Resolution No. 21-053 proposing and recommending the Linder District Plan; WHEREAS, the Agency, by letter of transmittal dated October 28, 2021, submitted the Linder District Plan to the Mayor and Meridian City Clerk; WHEREAS,the Mayor and City Clerk are taking the necessary action to process the Linder District Plan consistent with the requirements set forth in Idaho Code §§ 50-2906 and 50-2008; WHEREAS,appropriate notice of the Linder District Plan and revenue allocation provision contained therein has been given to the affected taxing districts and the public as required by Idaho Code § 50-2906; WHEREAS, after notice duly published, the Meridian City Council at its regular meeting to be held on December 14, 2021, will hold a public hearing and will consider the Linder District Plan as proposed; WHEREAS, Idaho Code Section 50-2906(3)(b), requires an agreement between the Meridian City Council and the Ada County Board of County Commissioners, governing administration of a revenue allocation financing provision for any area extending beyond Meridian's municipal boundary and located within the unincorporated County, and such agreement must be formalized by a transfer of power ordinance adopted by the County; WHEREAS, there are certain properties within the Linder District Plan and Project Area which extend beyond Meridian's municipal boundaries and into the County, as illustrated in INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 3 (Linder District—Meridian) Page 233 Item#1. Exhibit 1, and as more particularly described in Exhibit 2 attached hereto and incorporated herein by reference; WHEREAS, the Meridian City Council and the Board of County Commissioners desire to enter into this Agreement to avoid any uncertainty regarding the Meridian City Council's jurisdiction and authority to establish the Linder District Project Area and the Agency's authority to implement the Linder District Plan concerning those properties which are outside Meridian's municipal limits and within the County; WHEREAS, the Meridian City Council and Board of County Commissioners deem it in their collective best interests to enter into this Agreement covering said properties and assuring compliance with the Act and Law, Idaho Code Sections 50-2906(3)(b) and 50-2018(18) respectively; NOW, THEREFORE, it is mutually agreed as follows: AGREEMENT 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to detail the duties, roles, and responsibilities to be provided by the parties with respect to compliance with the Act and Law,Idaho Code Sections 50- 2906(3)(b) and 50-2018(18)respectively; 2. GENERAL PROVISIONS The Ada County Board of County Commissioners does hereby agree that the Meridian City Council shall have the right, power, authority, and obligation to administer the Law, Act and particularly the revenue allocation financing provisions of the Linder District Plan for that certain property which is contained within the boundaries of the revenue allocation area as defined in the Act and the Linder District Plan, which property extends beyond Meridian's municipal boundary and into the unincorporated County. The property governed by this Agreement is illustrated in Exhibit 1 and more particularly described in Exhibit 2 of this Agreement. The County,by passing Resolution No. 2676, has declared the need for urban renewal activity in the area which extends beyond Meridian's municipal boundaries and into the unincorporated County. By agreeing to the administration of this property by the Meridian City Council for the limited purposes of implementing the Linder District Plan, the Board of County Commissioners agree all revenue allocation proceeds generated from such property shall be available to the Agency for all purposes authorized under the Act and the Linder District Plan. Following the establishment of the Linder District Project Area, the Agency shall administer the revenue allocation provision affecting this property as allowed under the Act and the Linder District Plan. Additionally, the Board of County Commissioners acknowledges the Linder District Plan will be reviewed by the Meridian Planning & Zoning Commission for the Linder District Plan's conformity with the general plan for the development of Meridian as a whole consistent with and INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 4 (Linder District—Meridian) Page 234 Item#1. limited to the requirements of Idaho Code § 50-2008(b). The Board of County Commissioners defers to the Meridian Planning&Zoning Commission's review and recommendations as required by Idaho Code § 50-2008(b) solely with regard to adopting the Linder District Plan. The Meridian City Council expressly acknowledges the parcels located within unincorporated Ada County are subject to and shall be developed in conformity to the 2019 City of Meridian Comprehensive Plan as adopted by Ada County Resolution No. 2620, Ada County Zoning and Development Codes as well as the Linder District Plan, recognizing the intent to seek annexation of the parcels located within the unincorporated County into Meridian prior to development, which development is intended to occur in phases over the life of the Linder District Plan and Project Area. Ada County defers to the Agency to implement and carry out the Linder District Plan. The Board of County Commissioners shall approve this Agreement by the adoption of a transfer of power ordinance and the Meridian City Council shall approve this Agreement by the adoption of a duly authorized resolution. Upon approval and adoption of the ordinance and resolution referenced above, the Meridian City Council shall take the necessary steps through the Meridian City Clerk to transmit a copy of the County Transfer of Power Ordinance to the County Auditor, County Assessor, the County Recorder,the other taxing districts of the revenue allocation area, and the Idaho State Tax Commission. 3. SPECIAL PROVISIONS Public Improvements. In consideration of this Agreement, the Board of County Commissioners hereby consents to those certain public improvements identified in the Linder District Plan which may be acquired, constructed or installed on certain rights-of-way not within the Meridian city limits. 4. EFFECTIVE TERM This Agreement shall be deemed effective upon the execution of this Agreement by both the Board of County Commissioners and the Meridian City Council and shall remain in effect for the duration of the Linder District Plan. This Agreement shall be of no further force and effect as it relates to any parcel or parcels as illustrated and described in Exhibit 1 and Exhibit 2 upon those properties or portions of those properties then being included within the municipal boundaries of Meridian, currently, or through Meridian's annexation process. 5. MODIFICATION This Agreement may be modified or amended in writing if executed by both the Board of County Commissioners and the Meridian City Council. INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 5 (Linder District—Meridian) Page 235 6 . ENTIRE AGREEMENT Except as provided otherwise herein , this Agreement and any attachments hereto constitute the entire Agreement between the parties concerning the subject matter hereto . IN WITNESS WHEREOF , the Board of County Commissioners and the Meridian City Council have executed this Agreement by proper persons thereunto duly authorized as of the date first hereinabove written . COUNTY : BOARD OF ADA COUNTY COMMISSIONERS 4 Xod Beck , Chairman By 00002 Ryan? lidson B _ Kendra Kenyon ATTEST : Phil McGrane , Ada County Clerk by Katie need , Assistant Deputy Clerk CITY : CITY OF MERIDIAN , IDAHO ../ • By rt Simi on , yor ATTE w- 9— L '- City of C is Jo idian Ci ,clerk IDAHO SEAL Qf the THE INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50 - 2906 ( 3 ) ( b ) - 6 ( Linder District — Meridian) Item#1. Exhibit 1 (Map of Properties Within Unincorporated Ada County) INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 7 (Linder District—Meridian) Page 237 Item#1. '$rovrr�,7rO4t ' Linder dtE tat 6ddingURD a Excursion + Eider- � �� .Rainbawf Ccunty Pvaels o I f / / 'r .Trout 17 71 City Limits / :. .x , ,� r{ Jion"r .Revenue �avigatior _ I Nation•�rrea �� � i Salman _ Z,77 7 7 - - - - - d 0 f■ ifr ■--F■ i ■ No Now w# # f ■ I Tasa. ' L Dwhdh:Farm{ — � - Y Q11d I tlyy s - in /C01 ��'Y !! I+ypod Gtt reF / cf xl( - Linder 0 r.��dorrpllsy�shover a��k�rnp saarrpllea kamvadaussav2asaro is wbjxFisy�ors'ori�a�an.�heiJryal .. n rrukes rax+a^a�h,rar q�Qoriee os halrtcanFenF,accUocy.irraYrrs,arcanocFrnassai9rryrai ItieoC��(ERIDU Pfint.:ca,a�a asa�r�es�a lapol res�•x�st�Hyr io-•-�a Mtarr�ohor canlairca a�-�e.i-�op. Page 238 Date: t Item#1. Exhibit 2 (Description of Properties Within Unincorporated Ada County) 4848-7171-9628,v.3 INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 8 (Linder District—Meridian) Page 239 Item#1. PARCEL NUMBER S1214438705 ADDRESS 2010 West Overland Road, Meridian, Idaho DESCRIPTION PAR#8705 @ SE COR SW4SE4 SEC 14 3N 1 W #438702 ID-55 N sd Vtv Ila Page 240 Item#1. PARCEL NUMBER S1214346705 ADDRESS West Overland Road,Meridian,Idaho DESCRIPTION PAR#6705 N'LY&E'LY POR SE4SW4 S OF INTERSTATE SEC 14 3N 1 W PARCEL 2 R/S 4360 EXC R/W #346072-B SURVEY RECORD SIVA rZO 01 M£SOU H"Sr 1%Of 7HF SOMWFSr 14 Of S£CHON r4 7 OM13HlP 3 NORM.RAHOF J WFSI,WISE YfRlOGuV4W„ J AOA C99 1D.1H0.(9 l G98 f—'L.pp BASIS OF HEAFGVOS: NCi[r r.MI1 P ifd OY>w rr M I.iwM!nL b nr , — �.,;• •�� �,,. ____ M(aa.cF frxX rCwll�t A;ill M An]�m b 1Nlr 11llatF'.6t Z A r/. .f. •I I.V)U0.t.i 1>•'fl'JSG a�"F'O'm"` � ROS 2518 y CECE/f0: i I • raAa Wa w MitLK • HxraW nw.w IIW� 1/4 Aor.n Gr SW1/h I M 1/h y -I-Ir M]P-Cv-4Y r I SW l R I I SURV£YG,4'S CEHT1FiCA%f CRVW SCALE JowDr a AnYD➢19..ausa�can s.nnol M lW lfi�fOv�f�Cp�fll An�fT�alP�'vtim�� I ��G'FU1TC uu 4XR1PC��M(I.�?TWY YM J --------- -----------f..fr....... _�� SU�EY FOR: / 18 I u��9 a j z l T I�I S 1/4 SE NOT. Sw 1/4 S7 i/4 im .f."a�w�oe`'a v`•nv''�a^"a on ur ,w�ir�o r>�.�nw'�`""�4or •,e nn u union u,.r ,....v wlwo.or. rcr lase Prcc I rr f rsc er jq¢(L urveyrng 2 w X LDnd SGrveyiny A01 Ss.Wwhinpfnn An. �9 Fm I.Ida3e arbtl �f'IP1 t5 to '�nf.ur 108)J65-il 22 23 FOVFR4RD ROAD— 7�r IA �ot: 8383 e VrfaY• ama.• �3 aL1A'Nv JI.-I.-3-14W-00 A9 M1y Y.lyq Page 241 Item#1. PARCEL NUMBER S1214438600 ADDRESS 2090 West Overland Road, Meridian, Idaho DESCRIPTION PAR#8600 OF SW4SE4 SEC 14 3N 1 W #438423-B f Page 242 Item#1. PARCEL NUMBER S1214438420 ADDRESS 2390 West Overland Road, Meridian, Idaho DESCRIPTION PAR#4200 @ W SIDE SW4SE4 SEC 14 3N 1 W R/S 4746 #8416-B FECCR] a wR4,50-16 ]-,e•Rif�a+r•x 99o9)/a{ - •1MftC:Y wWEB �M.•(,J•:Q.7 9 i [nv Y[i•a•nl•Afi r l ,Y 6 Fa.«a IaMw z•+r[x;ow•r faiKnMax siufx Rmxr-vu•+ INi .—('JJ+D s,r!id rfx vl)N BASS LT BEARING d F.S r[RSr�lE xtdv+r 6M-•. ,.� [FMfAi np=rs]•DD� A]TJ c•r w•x[a �` '. xNR 1f-M / S Rrs•'A•C CD42' rauxD IDMY Si+)[xaMVN I i 1 SaaM R......... 'R�[%r+f[xaFY+e �^ - -• r 1 < 1�� r mr { . Favw.cwMiul T+r 1 � , B reap xfM.vrt W sF+Si C•r . rwD r.az ar • rnAa yr T109 rw .r:ear r:x 1 f • 'uwn rx•y�srCR I I REFEREN,'ES• J riaxe .-r RAuiuu:P:¢ DE®D to slaver ff6)9uKrrt M1.9iFa>,u T[r yr•x:Rw r;x = I RSPa Y TVMI i SrauKJlt fd.%tiJSD . DFG^!n B SMNCF dSTRUK+I M.1].)A!a ,a Rarnn W SMDVR a6)WKx)f0-B9]atM SCr rS w:L �1 �� 1 10•x�0 T>YATC x;GN+r R�w[�M LLS iRTI[Ki.fE WI+T 9[C90 I XlrilY+r 1-M fl•1•a rWE6 L:M 3 --——� rep[efr Fetawer L:.•[ �} 8I N❑T K —r—s hIs+R4 rLK[LLK x R]Rs s TJv[r S[KRf[YS I+TIaKM•MYL:+en•I+ CERMCAiF RF SURWYQR ! F�a Irr a!a.ul — tsi Or avC4wa R:1•F - Ma s>p A] RECCWRtN- NRE% NLMBFR. 7:3-I4-2-7-C-DC t.— VANCE E.AND vSANDRI J. JANfCEX '� s es•Inr[ xx.w xsxr:• +^+-Iw sE esn.•.rtsV•,a s a.v]9f,l.>••ia Fq,Rp[D+tf W rR ME BOBdBT A'UTNd65UN Rl d* a nc saa v oaw Vu:xtr!a]•fun � YM)SL'K s ar[wAsf ff••D rnw ItgS RC,NC NtIyS RR. AN X Page 243 Item#1. PARCEL NUMBER S1214449021 ADDRESS 1940 West Overland Road, Meridian, Idaho DESCRIPTION PAR#9021 OF SE4SE4 SEC 14 3N 1 W R/S 2412 EXC R/W 4449020-B SURVEY RECORD RECORD OF SURVEY NO. 24JZ p �t .e.u.•... ,:.:. �.ECENO ' wyolsr�rt r 9 rw,e•nar ym • snT�yP•Pw.a TnO w.,ma ro Sal fc N'P" r. 1 S a N41Vw .r.awr w s.eb.lwa I I [amw:l w I ,I A I ¢rl I CERTIFICATE OF SURVEYOR rl I I.Y:raw:F M�1a,Go nwapy caN.ly IM ^n a R y .Td s!vayw.1'cmw py ma Stab oy IaN0.Ctl Nad ffh ,I I '' m�.pa veep OrpweJ item ar:c.. "d +'oM a:rlta I pWnS�Ybr,nY tlpar u:Pwly:w.,..< d 1 bP mop ccarala rPprwtCbY al w:•a•'aaY.antl la.eonlrn, w'M Ilia Gwnw P.9a+_CIPn:^G�FPny Ptt Slcla of earn !)oda LS-P01 WPu9p 55'SI[mtl b Ina:tl.a Cade I I, � re Cry b S.rvrya I e r. 1 i.. �A al�yal:.,rwal .S rip 4a.ao99 I I' ay+A I I STATE OF IDAHO, COUNTY OF ADA. SS �IS'i11,MA.T NO�i3)R O ECOPO�:14.Pp ST 7 n):, M3� _ 'rr'[[y4��lCY P.M _ S�Ot �Lr�'1.1v I I I I Ol.AC VRVMM KC-XII 6Y:1')(YP�tYgJ� %PJTT I I RECORDING INDEX N0.314-14-2-2-0-00-00 "•anao Y u yS S WY FOR ELNO POW= MARKS SURVEYING -MIIC,OF TPC SE V.v P+E%'/y gym.la•ln iP�mr ao-a P,Po ayro 3Y. yw:cJvn.�wra Page 244 Item#1. PARCEL NUMBER S1214346905 ADDRESS 2960 West Dutch Farm Road, Meridian, Idaho DESCRIPTION PAR 46905 @ SW COR SE4SW4 SEC 14 3N 1 W PARCEL 1 R/S 4360 EXC R/W #346610-B SURVEY RECORD S)nfATFD M Mr SWlNEAS!//1 Di 7NE SONMWFSr 114 OF S(c>'!ON la IO"Mor]/be RANOf I WCST,MSr AWROUN -„� AAA COUNTY,Ammo rope •_' //,+ f %fit 00 nv. eur SASS OF SEE?M�.5. IS to mr oa oarwv 3 M�enr ur tr or ROS 2510 1y. I i � 9 /LtM LraSr u+rtaaNr _ • /ULM An'l0Y IM L^ J O 4T Lr rCV/'N W/Rl}Ta' MW 1/4 �Y SW 1/4 NZ 1/4 $ ....... WpAaIOG 5^JLF � I N�M 0I > K rUrFY ARLMmT DOR'ri n<AdKY MGRLV Ai Pwarrm.Yv m1tlNE GM lnNOt M K[LpQ W1H ' s rrrsrr r ,aar �po SUF..I FOR i373y Ea.w'apr..r._._r` r —aos.�,•�� lo—w. Fill- swl 1. ' T NOTE s'N 1/4 nx m reneYc ao mwr awrc aorAenaa o oar n.ow ro aoo rwu.Wo ns axarr oaKo.. u I4 .nn a o0QlpnpG A&Y low PACE I CP r _IT isc er(¢,yti Surveying 'Wra-,saute - Y x 2 iy K Lm+d Swvoyina � oAr rru r.rNa f �r� . � (Oa So.WoNrlfiphn AVP, j� bia�wa°P�wr � FmmafC!d•ho HJel7 'i J7{ s u £ovrpuxo ftAo IMP u 1 f J 30-4 Z T2123 x AYrvtY Y a.eaa• I[1FX Ib.S:hIhAI-6-m-00 Ap Rh ilOLl Page 245 Item#1. Exhibit 4 Summary of Ordinance No. 21-1958 Page 246 Item#1. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. §50-901(A) CITY OF MERIDIAN ORDINANCE NO. 21-1958 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, APPROVING THE URBAN RENEWAL PLAN FOR THE LINDER 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; PROVIDING FOR WAIVER OF THE READING RULES; 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 Linder District Project Area as defined in the Linder 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 Linder 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 Linder District Plan conforms to the City of Meridian Comprehensive Plan as a whole. (e) The Linder 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 commercial and industrial components of the Plan and the need for public improvements to support the goals of the mixed employment area as set forth in the Ten Mile Specific Area Plan), 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 Linder District Plan. (f) The Linder 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 247 Item#1. (g) Pursuant to Idaho Code §§ 50-2007(h) and 50-2008(d)(1), the Linder District Plan provides a feasible method for relocation obligations of any displaced families residing within the Linder District Project Area. (h) The collective base assessment rolls for the revenue allocation areas under the Existing Project Areas and the Linder District Project Area, do not exceed ten percent (10%) of the assessed values of all the taxable property in the City. (i) The Linder District Plan includes the requirements set forth in Idaho Code § 50- 2905 with specificity. (j) The Linder 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 include agricultural operations for which the Agency has received written consent, or which have not been used for agricultural purposes for three (3) consecutive years. (1) The portion of the Linder 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 Linder 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. SECTION 2: The City Council finds that the Linder District Project Area has a substantial portion of open land, that the Agency may acquire any open land within the Linder District Project Area, and that the Linder District Project Area is planned to be redeveloped in a manner that may primarily include nonresidential uses, with some opportunity for limited residential uses. Provided, however, the City Council finds that for the portions of the Linder ORDINANCE SUMMARY-2 Page 248 Item#1. 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 Linder 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 Linder 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 Linder 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 December 14, 2021, hearing and incorporate changes or modifications, if any. SECTION 5: As required by Idaho Code §§ 50-2906(3)(b) and 50-2907(2), and as further defined above, the Ada County Board of County Commissioners and the City have entered into, or will enter into an Agreement on administration of a revenue allocation financing provision extending beyond the municipal boundary of the City and Agreement has been formalized by a transfer of power ordinance adopted by the Ada County Board of Commissioners in Ada County Ordinance No. 932 (attached hereto as Exhibit 5), and by City Council Resolution No. 21-2299 (attached hereto as Exhibit 6). SECTION 6: The boundaries of the Linder 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 7: The City Council declares that nothing within the Linder 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 8: No direct or collateral action challenging the Linder 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 9: 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 ORDINANCE SUMMARY- 3 Page 249 Item#1. Maintenance District, College of Western Idaho, Meridian Free Library District, Mosquito Abatement District, Western Ada Recreation District, Pest Extermination District, and Meridian Fire 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 Linder District Project Area. SECTION 10: The City Council hereby finds and declares that the Revenue Allocation Area as defined in the Linder District Plan, the equalized assessed valuation of which the City Council hereby determines is in and is part of the Linder District Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Linder District Plan. SECTION 11: 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 Linder District Plan, the City Council recognizes that it has no power to control the powers or operations of the Agency. SECTION 12: 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 13: 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 14: 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 15: The Summary of this Ordinance, a copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 16: All ordinances, resolutions, orders, or parts thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 17: Savings Clause. This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. SECTION 18: That pursuant to the affirmative vote of one-half(1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) ORDINANCE SUMMARY- 4 Page 250 Item#1. reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this 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 Urban Renewal Plan for the Linder District Urban Renewal Project with the City of Meridian's Comprehensive Plan Exhibit 2 Notice Published in the Idaho Press Exhibit 3 Urban Renewal Plan for the Linder District Urban Renewal Project Exhibit 4 Ordinance Summary Exhibit 5 Ada County Board of County Commissioners Ordinance No. 932 (Intergovernmental Agreement and Transfer of Powers Ordinance) Exhibit 6 Meridian City Council Resolution No. 21-2299 (Intergovernmental Agreement— Ada County) SUMMARY OF LINDER DISTRICT PLAN The Urban Renewal Plan for the Linder District Urban Renewal Project("Linder 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 Linder District Plan provides for the Agency to undertake urban renewal projects pursuant to the Law and the Act. The Linder 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 Linder District Plan is for twenty(20) years and includes a termination process for the Linder District Plan. The general scope and objectives of the Plan include are: ORDINANCE SUMMARY- 5 Page 251 Item#1. a. The engineering, design, installation, construction, and/or reconstruction of the southern approach to the Linder Overpass bridge, including related streetscapes, which for purposes of this Plan, the term streetscapes include sidewalks, lighting, landscaping, benches, signage, wayfinding, bike racks, public art, and similar amenities between the curb and right-of-way line, and pedestrian facilities, curb and gutter, intersection improvements, and traffic control measures; b. The engineering, design, installation, construction, and/or reconstruction of the Local Road Project, including related streetscapes (defined above) and pedestrian facilities, curb and gutter, intersection improvements, and traffic control measures; C. The engineering, design, installation, construction, and/or reconstruction of the Sewer Main Project, including but not limited to lift station and/or other such improvements related to the Sewer Main Project; d. 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 related to the Projects; e. The provision for participation by property owners and developers within the Project Area to achieve the objectives of this Plan and the Ten Mile SAP; f. The acquisition of real property for public right-of-way improvements and underground utilities to encourage development opportunities consistent with the Ten Mile SAP; g. The demolition or removal of certain buildings and/or improvements for public rights-of- way and streetscape (as defined above) improvements,pedestrian facilities,utility undergrounding extension and upgrades to encourage and enhance transportation and mobility options, decrease underutilized parcels, to eliminate unhealthful,unsanitary, or unsafe conditions, eliminate obsolete or other uses detrimental to the public welfare or otherwise to remove or to prevent the spread of deteriorating or deteriorated conditions; h. The development or redevelopment of land by private enterprise or public agencies for uses in accordance with this Plan and the Ten Mile SAP; i. 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 and industries; j. The provision of financial and other assistance to encourage greater residential and/or employment density as contemplated by the Ten Mile SAP; k. In collaboration with property owners and other stakeholders, working with the City to amend zoning regulations (if necessary) and establish standards and guidelines for the design of the Mixed Employment and Mixed-Use Commercial uses as contemplated in the Ten Mile SAP as needed to support implementation of this Plan; ORDINANCE SUMMARY- 6 Page 252 Item#1. 1. 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 as contemplated by the Ten Mile SAP, achieving high standards of development, and leveraging such development to achieve public objectives and efficient use of scarce resources; in. To the extent allowed by law, lend or invest federal funds to facilitate development and/or redevelopment; n. 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; o. Other related improvements to those set forth above as further set forth in Attachment 5. Any such land uses as described in the Linder District Plan will be in conformance with zoning for the City and the City's Comprehensive Plan as adopted by the City Council, or as may be applicable, zoning for Ada County. Land made available will be developed by private enterprises or public agencies as authorized by law. All properties are included within the boundaries of the Ten Mile Interchange Specific Area Plan. The Linder District Plan identifies various public and private improvements which may be made within the Project Area. The Linder District Project Area and Revenue Allocation Area herein referred to is described as follows: An area consisting of approximately 188 acres, inclusive of rights-of-way, a portion of which is located within the City limits and a portion of which is located within unincorporated Ada County, and is generally bounded by Ten Mile Road on the west, Interstate 84 on the north, Overland Road on the south and what would be an unimproved section of Linder Road on the east and as more particularly described in the Plan and depicted in the Map below: ORDINANCE SUMMARY - 7 Page 253 Item#1. SKETCH 7'0 A COII P N URBAN RENEWAL 01SWICT DESCRIPTION FOR MERIDIAN DEVELOPMENT'OPMENT' CORP017A TION L OOA T D IN TIE SW 114 Of SECTION I , AND II FIDE S 7/1 OF SECTION 14, AND IN THE 1VW 114 OF ,SE 'TION 2J, A L L IN 7-0WNSHIP . NORTH, RANGE I WEST, BOI.SE MERIDIAN, ADA COUNTY, IDA O T 4 64S6 OF$FARviW TEN BILE ROAD ry 0'SG " r 9.55' 22 1.5 v U'm oj" zs59-45' x !i'NF OF 2# 14 ItF k4 I tn rr d #1 5.7' 28.3T. 9" { rr 05'JT` E55 ?#' t LEGEND ° z :► UAD DOUNDl4RY z mI LA \ R$ b r "" 14 iv0132'47-4' 2651.4 14 1 2 1 BLINDER ROAD{uriimproved} )46 o ' e4 . oQ CIVIL SURVEIL CONSULTANTS, INC. `�7 SCAtE 1"=10W' 2893 SOUTH MERIDIAN ROAD MERI'DiAN, IDAHO 83642 (20608-4312 ORDINANCE SUMMARY - 8 Page 254 Item#1. Section 100 includes an introduction, general procedures of the Agency, necessary procedures, the history and current conditions of the Project Area, as well as the purpose of activities, and open land criteria. Section 200 references the boundaries of the Project Area. Sections 300 through 312 discuss the proposed redevelopment actions, Plan objectives, participation opportunities and agreements, cooperation with public bodies,property acquisition standards and requirements,property management, relocation, demolition, and property disposition, development, and participation with others. Sections 400through 409 discusses the type of land uses authorized in the Project Area, public rights-of-way, development in the Project Area, construction requirements, nonconforming uses, and design guidelines. The Linder District Plan also contains a significant section on financing. Among other sources, the Linder 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 Linder 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, Western Ada Recreation District, Pest Extermination District, and the Meridian Fire District, to finance their operations. The Linder 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 Linder District Plan. The program outlined in the Linder 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 Linder District Plan follows the underlying zoning classifications of the City. Sections 600 and 700 describe cooperative activities by the Agency with the City and other entities. ORDINANCE SUMMARY - 9 Page 255 Item#1. The duration of the Linder District Plan is for twenty(20) years. A termination process is described in Section 800 of the Linder District Plan. Sections 900-1200 include procedures for amendments, severability,reporting requirements and incorporation of attachments. ATTACHMENTS TO THE NORTHERN GATEWAY DISTRICT PLAN Attachment 1 Boundary Map of Linder District Urban Renewal Project Area and Revenue Allocation Area Attachment 2 Legal Description of Linder 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 Consents Attachment 7 Ada County Board of County Commissioners Resolution No. 2676 (eligibility) Attachment 8 Ada County Board of County Commissioners Ordinance No. 932 (Intergovernmental Agreement and Transfer of Powers Ordinance) Attachment 9 City Council Resolution No. 21-2299 (Intergovernmental Agreement) A full text of the Ordinance and the Linder 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 Public Hearing: 12/14/2021; Consolidated Readings 12/14/2021. ORDINANCE SUMMARY- 10 Page 256 Item#1. STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 21-1958 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. 21-1958 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 - 11 Page 257 Item#1. Exhibit 5 Ada County Transfer of Power Ordinance To Be Inserted Upon Adoption Page 258 Item#1. ORDINANCE NO. 932 TRANSFER OF POWERS ORDINANCE: AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF ADA COUNTY, IDAHO, ADOPTING FINDINGS ON THE NECESSITY OF THE URBAN RENEWAL PLAN FOR THE LINDER DISTRICT URBAN RENEWAL PROJECT; PROVIDING THE CITY OF MERIDIAN WITH THE RIGHT, POWER, AUTHORITY, AND OBLIGATION TO ADMINISTER THE URBAN RENEWAL/REVENUE ALLOCATION AREA PURSUANT TO CHAPTERS 20 AND 29, TITLE 50, IDAHO CODE, AS AMENDED; GRANTING THE REVENUE ALLOCATION PROCEEDS DERIVED FROM THE REVENUE ALLOCATION AREA LYING WITHIN UNINCORPORATED ADA COUNTY TO THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, ALSO KNOWN AS THE MERIDIAN DEVELOPMENT CORPORATION; ADOPTING THE INTERGOVERNMENTAL AGREEMENT IMPLEMENTING THIS ORDINANCE; AND AUTHORIZING THE CHAIR TO SIGN SUCH OTHER AND FURTHER DOCUMENTS AS MAY BE NECESSARY TO CARRY OUT THE INTENT OF THIS ORDINANCE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ADA COUNTY, IDAHO: Section 1: That the Board of County Commissioners, after reviewing the Linder District Plan delivered to Ada County on November 2, 2021, finds: (a) the Linder District Plan and Project Area is eligible under the statutory criteria and is appropriate for an urban renewal project; (b) the adjusted base assessed values of all existing and proposed revenue allocation areas within the City do not exceed ten percent of the current assessed taxable value of the City; (c) the proposed Linder District Plan and Project Area is financially feasible given the assumptions used in the Linder District Plan; (d) the required consents from the owners of agricultural operation lands within the proposed Project Area have been given; and (e) the City has the authority to proceed with the creation of the Linder District Plan and Project Area after the adoption of this Ordinance by the Board of Ada County Commissioners. Section 2: That this Ordinance is adopted to approve and confirm the duties, roles, and responsibilities of the City of Meridian, Idaho (the "City"), the Urban Renewal Agency of Meridian, Idaho, also known as the Meridian Development Corporation (the "Agency"), and Ada County, Idaho for that portion of the revenue allocation area, as defined and described in the proposed Urban Renewal Plan for the Linder District Urban Renewal Project (the "Plan") lying outside the corporate boundaries of the City, as illustrated in Exhibit 1, and to transfer power as provided in Idaho Code Section 50-2906(3)(b) and to reconfirm the necessary declaration set forth in Idaho Code Section 50-2018(18). Section 3: The revenue allocation proceeds from areas lying within the boundaries of the Linder District Plan and Project Area shall be devoted to the statutory purposes as described in the Linder District Plan and as authorized by the 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. ORDINANCE NO. 932 - 1 Page 259 Item#1. Section 4: That the Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code § 50-2906(3)(b) (the "Agreement") (which also supports the County's declaration as required by Idaho Code Section 50-2018(18) as also set forth in Resolution No. 2676) is hereby approved and accepted. Section 5: That the Chair is hereby authorized to execute any further documents necessary to carry out the intent of the Board of Commissioners as expressed in this Ordinance and in the Agreement. A copy of this Ordinance and the Agreement shall be held on file in the office of the County Clerk. Section 6: Severability. The sections of this Ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 7: Effective Date. This Ordinance shall become effective upon its publication pursuant to Idaho Code Section 31-715. ADOPTED this 7th day of December, 2021. Board of Ada County Commissioners By Rod Beck, Chairman By Ryan Davidson By Kendra Kenyon ATTEST: Phil McGrane, Ada County Clerk ORDINANCE NO. 932 - 2 Page 260 Item#1. Exhibit 1 (Properties subject to the Ordinance) ORDINANCE NO. 932 - 3 Page 261 Item#1. 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INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b) This Intergovernmental Agreement is entered into this day of , 2021, by and between Ada County, Idaho (the "County") and the City of Meridian, Idaho (hereinafter, "Meridian"), and is made for the purpose of complying with Idaho Code Section 50-2906(3)(b). RECITALS WHEREAS, the County is a duly organized and existing county under the laws and the Constitution of the State of Idaho; WHEREAS, Meridian is a duly organized existing municipality under the laws and the Constitution of the state of Idaho; 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 (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, there are currently three (3) existing urban renewal and revenue allocation project areas in Meridian, which are commonly referred to as follows: the Downtown District, the Ten Mile District,and the Union District. The Downtown District includes parcels located within unincorporated Ada County, which is governed by the Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code Section 50-2906(3)(b), by and between the County and Meridian, dated March 18, 2003; WHEREAS, based on inquiries and information presented, certain interested property owners, the County and Meridian commenced certain discussions concerning examination of an additional area within Meridian and within the unincorporated County as eligible for an urban renewal project; WHEREAS,in 2021,Kushlan I Associates commenced an eligibility study and preparation of an eligibility report for an area approximately 195 acres in size including properties and roadway, referred to as the Linder District Study Area,which is an area generally bounded by Ten Mile Road on the west, Interstate 84 on the north, Overland Road on the south, and what would be an unimproved section of Linder Road on the east. Additionally, the Linder District Study Area included three (3)parcels located west of Linder Road and north of I-84 (the "Study Area"); WHEREAS, the Agency obtained an eligibility report entitled Linder Urban Renewal District(Proposed) Eligibility Report, dated May 2021 (the "Report"), which examined the Study INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 1 (Linder District—Meridian) Page 263 Item#1. Area, which area also included real property located within unincorporated Ada County, for the purpose of determining whether such area was a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8); WHEREAS, the Agency, on May 26, 2021, adopted Resolution No. 21-024 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 for the Study Area, which plan may include a revenue allocation provision as allowed by law; WHEREAS, the Agency also authorized the transmittal of the Report to the Ada County Board of County Commissioners for purposes of obtaining a resolution determining such areas outside the boundaries of incorporated Meridian and within unincorporated Ada County to be deteriorated and/or deteriorating and finding the need for an urban renewal project for the proposed Study Area; WHEREAS, Idaho Code Section 50-2018(18) provides that an urban renewal agency cannot exercise jurisdiction over any area outside the city limits and within its area of operation without the approval of the other city or county declaring the need for an urban renewal plan for the proposed area; WHEREAS, the area considered within the Report included certain properties within unincorporated Ada County; WHEREAS, the Report was submitted to the Ada County Board of County Commissioners, and the Ada County Board of County Commissioners were asked to adopt a resolution finding the need for an urban renewal project for the proposed Study Area; WHEREAS, the Ada County Board of County Commissioners adopted the Agency's finding concerning the proposed Study Area by adopting Resolution No. 2676 on September 30, 2021; WHEREAS, the Meridian City Council, by Resolution No. 21-2289, dated October 5, 2021, 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, Title 50, Idaho Code, as amended, that such Study Area is appropriate for an urban renewal project, that the Ada County Board of County Commissioners directed the parcels north of Interstate 84 and west of Linder Road should not be included in any proposed revenue allocation area, that the Ada County Board of County Commissioners adopted the necessary resolutions and directed the Agency to commence preparation of an urban renewal plan; WHEREAS, the City and the Agency embarked on the planning of an urban renewal project referred to as the Urban Renewal Plan for the Linder District Urban Renewal Project (the "Linder District Plan") to develop and/or redevelop a portion of Meridian, a portion of which is INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 2 (Linder District—Meridian) Page 264 Item#1. within unincorporated Ada County adjacent and contiguous to the City, that is intended to be annexed into the City prior to development, pursuant to the Law and the Act, as amended; WHEREAS, the Linder District Plan proposed to create an urban renewal and revenue allocation area commonly known as the Linder District project area (the "Linder District Project Area"); WHEREAS, the Agency and its consultants have undertaken the planning process during 2021; WHEREAS, the area included in the Linder District Project Area is smaller than the area assessed in the Report, which Linder District Project Area is illustrated in Exhibit 1; WHEREAS, the required property owner consents for any parcels deemed to be an agricultural operation included within the Linder District Project Area have been obtained by the Agency; WHEREAS, the Linder District Plan contains the provisions of revenue allocation financing as allowed by the Act; WHEREAS, the Agency Board on October 27, 2021, adopted Resolution No. 21-053 proposing and recommending the Linder District Plan; WHEREAS, the Agency, by letter of transmittal dated October 28, 2021, submitted the Linder District Plan to the Mayor and Meridian City Clerk; WHEREAS,the Mayor and City Clerk are taking the necessary action to process the Linder District Plan consistent with the requirements set forth in Idaho Code §§ 50-2906 and 50-2008; WHEREAS,appropriate notice of the Linder District Plan and revenue allocation provision contained therein has been given to the affected taxing districts and the public as required by Idaho Code § 50-2906; WHEREAS, after notice duly published, the Meridian City Council at its regular meeting to be held on December 14, 2021, will hold a public hearing and will consider the Linder District Plan as proposed; WHEREAS, Idaho Code Section 50-2906(3)(b), requires an agreement between the Meridian City Council and the Ada County Board of County Commissioners, governing administration of a revenue allocation financing provision for any area extending beyond Meridian's municipal boundary and located within the unincorporated County, and such agreement must be formalized by a transfer of power ordinance adopted by the County; WHEREAS, there are certain properties within the Linder District Plan and Project Area which extend beyond Meridian's municipal boundaries and into the County, as illustrated in INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 3 (Linder District—Meridian) Page 265 Item#1. Exhibit 1, and as more particularly described in Exhibit 2 attached hereto and incorporated herein by reference; WHEREAS, the Meridian City Council and the Board of County Commissioners desire to enter into this Agreement to avoid any uncertainty regarding the Meridian City Council's jurisdiction and authority to establish the Linder District Project Area and the Agency's authority to implement the Linder District Plan concerning those properties which are outside Meridian's municipal limits and within the County; WHEREAS, the Meridian City Council and Board of County Commissioners deem it in their collective best interests to enter into this Agreement covering said properties and assuring compliance with the Act and Law, Idaho Code Sections 50-2906(3)(b) and 50-2018(18) respectively; NOW, THEREFORE, it is mutually agreed as follows: AGREEMENT 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to detail the duties, roles, and responsibilities to be provided by the parties with respect to compliance with the Act and Law,Idaho Code Sections 50- 2906(3)(b) and 50-2018(18)respectively; 2. GENERAL PROVISIONS The Ada County Board of County Commissioners does hereby agree that the Meridian City Council shall have the right, power, authority, and obligation to administer the Law, Act and particularly the revenue allocation financing provisions of the Linder District Plan for that certain property which is contained within the boundaries of the revenue allocation area as defined in the Act and the Linder District Plan, which property extends beyond Meridian's municipal boundary and into the unincorporated County. The property governed by this Agreement is illustrated in Exhibit 1 and more particularly described in Exhibit 2 of this Agreement. The County,by passing Resolution No. 2676, has declared the need for urban renewal activity in the area which extends beyond Meridian's municipal boundaries and into the unincorporated County. By agreeing to the administration of this property by the Meridian City Council for the limited purposes of implementing the Linder District Plan, the Board of County Commissioners agree all revenue allocation proceeds generated from such property shall be available to the Agency for all purposes authorized under the Act and the Linder District Plan. Following the establishment of the Linder District Project Area, the Agency shall administer the revenue allocation provision affecting this property as allowed under the Act and the Linder District Plan. Additionally, the Board of County Commissioners acknowledges the Linder District Plan will be reviewed by the Meridian Planning & Zoning Commission for the Linder District Plan's conformity with the general plan for the development of Meridian as a whole consistent with and INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 4 (Linder District—Meridian) Page 266 Item#1. limited to the requirements of Idaho Code § 50-2008(b). The Board of County Commissioners defers to the Meridian Planning&Zoning Commission's review and recommendations as required by Idaho Code § 50-2008(b) solely with regard to adopting the Linder District Plan. The Meridian City Council expressly acknowledges the parcels located within unincorporated Ada County are subject to and shall be developed in conformity to the 2019 City of Meridian Comprehensive Plan as adopted by Ada County Resolution No. 2620, Ada County Zoning and Development Codes as well as the Linder District Plan, recognizing the intent to seek annexation of the parcels located within the unincorporated County into Meridian prior to development, which development is intended to occur in phases over the life of the Linder District Plan and Project Area. Ada County defers to the Agency to implement and carry out the Linder District Plan. The Board of County Commissioners shall approve this Agreement by the adoption of a transfer of power ordinance and the Meridian City Council shall approve this Agreement by the adoption of a duly authorized resolution. Upon approval and adoption of the ordinance and resolution referenced above, the Meridian City Council shall take the necessary steps through the Meridian City Clerk to transmit a copy of the County Transfer of Power Ordinance to the County Auditor, County Assessor, the County Recorder,the other taxing districts of the revenue allocation area, and the Idaho State Tax Commission. 3. SPECIAL PROVISIONS Public Improvements. In consideration of this Agreement, the Board of County Commissioners hereby consents to those certain public improvements identified in the Linder District Plan which may be acquired, constructed or installed on certain rights-of-way not within the Meridian city limits. 4. EFFECTIVE TERM This Agreement shall be deemed effective upon the execution of this Agreement by both the Board of County Commissioners and the Meridian City Council and shall remain in effect for the duration of the Linder District Plan. This Agreement shall be of no further force and effect as it relates to any parcel or parcels as illustrated and described in Exhibit 1 and Exhibit 2 upon those properties or portions of those properties then being included within the municipal boundaries of Meridian, currently, or through Meridian's annexation process. 5. MODIFICATION This Agreement may be modified or amended in writing if executed by both the Board of County Commissioners and the Meridian City Council. INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 5 (Linder District—Meridian) Page 267 Item#1. 6. ENTIRE AGREEMENT Except as provided otherwise herein,this Agreement and any attachments hereto constitute the entire Agreement between the parties concerning the subject matter hereto. IN WITNESS WHEREOF, the Board of County Commissioners and the Meridian City Council have executed this Agreement by proper persons thereunto duly authorized as of the date first hereinabove written. COUNTY: BOARD OF ADA COUNTY COMMISSIONERS By Rod Beck, Chairman By Ryan Davidson By Kendra Kenyon ATTEST: Phil McGrane, Ada County Clerk CITY: CITY OF MERIDIAN, IDAHO By Robert Simison, Mayor ATTEST: Chris Johnson, Meridian City Clerk INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 6 (Linder District—Meridian) Page 268 Item#1. Exhibit 1 (Map of Properties Within Unincorporated Ada County) INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 7 (Linder District—Meridian) Page 269 Item#1. '$rovrr�,7rO4t ' Linder dtE tat 6ddingURD a Excursion + Eider- � �� .Rainbawf Ccunty Pvaels o I f / / 'r .Trout 17 71 City Limits / :. .x , ,� r{ Jion"r .Revenue �avigatior _ I Nation•�rrea �� � i Salman _ Z,77 7 7 - - - - - d 0 f■ ifr ■--F■ i ■ No Now w# # f ■ I Tasa. ' L Dwhdh:Farm{ — � - Y Q11d I tlyy s - in /C01 ��'Y !! I+ypod Gtt reF / cf xl( - Linder 0 r.��dorrpllsy�shover a��k�rnp saarrpllea kamvabussav2asaro is wbjxFisy�ors'ori�a�an.�heiJryal .. : n rrukes rax+a^a�h,rar q�Qoriee os halrtcanFenF,accUocy.irraYrrs,arcanocFrnassai9rryrai Itie�o F .:ca,a�a asa�r�es�a ICI res�•x�st�Hyr io•-�a Mtarr�ohor canlairca a�-�c roP. Page 270 Pfint Date: t Item#1. Exhibit 2 (Description of Properties Within Unincorporated Ada County) 4848-7171-9628,v.3 INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 8 (Linder District—Meridian) Page 271 Item#1. PARCEL NUMBER S1214438705 ADDRESS 2010 West Overland Road, Meridian, Idaho DESCRIPTION PAR#8705 @ SE COR SW4SE4 SEC 14 3N 1 W #438702 ID-55 N sd Vtv Ila Page 272 Item#1. PARCEL NUMBER S1214346705 ADDRESS West Overland Road,Meridian,Idaho DESCRIPTION PAR#6705 N'LY&E'LY POR SE4SW4 S OF INTERSTATE SEC 14 3N 1 W PARCEL 2 R/S 4360 EXC R/W #346072-B SURVEY RECORD SIVA rZO 01 M£SOU H"Sr 1%Of 7HF SOMWFSr 14 Of S£CHON r4 7 OM13HlP 3 NORM.RAHOF J WFSI,WISE YfRlOGuV4W„ J AOA C99 1D.1H0.(9 l G98 f—'L.pp BASIS OF HEAFGVOS: NCi[r r.MI1 P ifd OY>w rr M I.iwM!nL b nr , — �.,;• •�� �,,. ____ M(aa.cF frxX rCwll�t A;ill M An]�m b 1Nlr 11llatF'.6t Z A r/. .f. •I I.V)U0.t.i 1>•'fl'JSG a�"F'O'm"` � ROS 2518 y CECE/f0: i I • raAa Wa w MitLK • HxraW nw.w IIW� 1/h Aor.n Gr SW1/h I M 1/h y -I-Ir M]P-Cv-4Y r I SW l R I I SURV£YG,4'S CEHT1FiCA%f CRVW SCALE JowDr a AnYD➢19..ausa�can s.nnol M lW lfi�fOv�f�Cp�fll An�fT�alP�'vtim�� I ��G'FU1TC uu 4XR1PC��M(I.�?TWY YM J --------- -----------f..fr....... _�� SU�EY FOR: / 18 I u��9 a j z l T I�I S 1/4 SE NOT. Sw 1/4 S7 i/4 im .f."a�w�oe`'a v`•nv''�a^"a on ur ,w�ir�o r>�.�nw'�`""�4or •,e nn u union u,.r ,....v wlwo.or. rcr lase Prcc I rr f rsc er jq¢(L urveyrng 2 w X LDnd SGrveyiny A01 Ss.Wwhinpfnn An. �9 Fm I.Ida3e arbtl �f'IP1 t5 to '�nf.ur 108)J65-il 22 23 FOVFR4RD ROAD— 7�r IA �ot: 8383 e VrfaY• ama.• �3 aL1A'Nv JI.-I.-3-14W-00 A9 M1y Y.lyq Page 273 Item#1. PARCEL NUMBER S1214438600 ADDRESS 2090 West Overland Road, Meridian, Idaho DESCRIPTION PAR#8600 OF SW4SE4 SEC 14 3N 1 W #438423-B f Page 274 Item#1. PARCEL NUMBER S1214438420 ADDRESS 2390 West Overland Road, Meridian, Idaho DESCRIPTION PAR#4200 @ W SIDE SW4SE4 SEC 14 3N 1 W R/S 4746 #8416-B FECCR] a wR4,50-16 ]-,e•Rif�a+r•x 99o9)/a{ - •1MftC:Y wWEB �M.•(,J•:Q.7 9 i [nv Y[i•a•nl•Afi r l ,Y 6 Fa.«a IaMw z•+r[x;ow•r faiKnMax siufx Rmxr-vu•+ INi .—('JJ+D s,r!id rfx vl)N BASS LT BEARING d F.S r[RSr�lE xtdv+r 6M-•. ,.� [FMfAi np=rs]•DD� A]TJ c•r w•x[a �` '. xNR 1f-M / S Rrs•'A•C CD42' rauxD IDMY Si+)[xaMVN I i 1 SaaM R......... 'R�[%r+f[xaFY+e �^ - -• r 1 < 1�� r mr { . Favw.cwMiul T+r 1 � , B reap xfM.vrt W sF+Si C•r . rwD r.az ar • rnAa yr T109 rw .r:ear r:x 1 f • 'uwn rx•y�srCR I I REFEREN,'ES• J riaxe .-r RAuiuu:P:¢ DE®D to slaver ff6)9uKrrt M1.9iFa>,u T[r yr•x:Rw r;x = I RSPa Y TVMI i SrauKJlt fd.%tiJSD . DFG^!n B SMNCF dSTRUK+I M.1].)A!a ,a Rarnn W SMDVR a6)WKx)f0-B9]atM SCr rS w:L �1 �� 1 10•x�0 T>YATC x;GN+r R�w[�M LLS iRTI[Ki.fE WI+T 9[C90 I XlrilY+r 1-M fl•1•a rWE6 L:M 3 --——� rep[efr Fetawer L:.•[ �} 8I N❑T K —r—s hIs+R4 rLK[LLK x R]Rs s TJv[r S[KRf[YS I+TIaKM•MYL:+en•I+ CERMCAiF RF SURWYQR ! F�a Irr a!a.ul — tsi Or avC4wa R:1•F - Ma s>p A] RECCWRtN- NRE% NLMBFR. 7:3-I4-2-7-C-DC t.— VANCE E.AND vSANDRI J. JANfCEX '� s es•Inr[ xx.w xsxr:• +^+-Iw sE esn.•.rtsV•,a s a.v]9f,l.>••ia Fq,Rp[D+tf W rR ME BOBdBT A'UTNd65UN Rl d* a nc saa v oaw Vu:xtr!a]•fun � YM)SL'K s ar[wAsf ff••D rnw ItgS RC,NC NtIyS RR. AN X Page 275 Item#1. PARCEL NUMBER S1214449021 ADDRESS 1940 West Overland Road, Meridian, Idaho DESCRIPTION PAR#9021 OF SE4SE4 SEC 14 3N 1 W R/S 2412 EXC R/W 4449020-B SURVEY RECORD RECORD OF SURVEY NO. 24JZ p �t .e.u.•... ,:.:. �.ECENO ' wyolsr�rt r 9 rw,e•nar ym • snT�yP•Pw.a TnO w.,ma ro Sal fc N'P" r. 1 S a N41Vw .r.awr w s.eb.lwa I I [amw:l w I ,I A I ¢rl I CERTIFICATE OF SURVEYOR rl I I.Y:raw:F M�1a,Go nwapy caN.ly IM ^n a R y .Td s!vayw.1'cmw py ma Stab oy IaN0.Ctl Nad ffh ,I I '' m�.pa veep OrpweJ item ar:c.. "d +'oM a:rlta I pWnS�Ybr,nY tlpar u:Pwly:w.,..< d 1 bP mop ccarala rPprwtCbY al w:•a•'aaY.antl la.eonlrn, w'M Ilia Gwnw P.9a+_CIPn:^G�FPny Ptt Slcla of earn !)oda LS-P01 WPu9p 55'SI[mtl b Ina:tl.a Cade I I, � re Cry b S.rvrya I e r. 1 i.. �A al�yal:.,rwal .S rip 4a.ao99 I I' ay+A I I STATE OF IDAHO, COUNTY OF ADA. SS �IS'i11,MA.T NO�i3)R O ECOPO�:14.Pp ST 7 n):, M3� _ 'rr'[[y4��lCY P.M _ S�Ot �Lr�'1.1v I I I I Ol.AC VRVMM KC-XII 6Y:1')(YP�tYgJ� %PJTT I I RECORDING INDEX N0.314-14-2-2-0-00-00 "•anao Y u yS S WY FOR ELNO POW= MARKS SURVEYING -MIIC,OF TPC SE V.v P+E%'/y gym.la•ln iP�mr ao-a P,Po ayro 3Y. yw:cJvn.�wra Page 276 Item#1. PARCEL NUMBER S1214346905 ADDRESS 2960 West Dutch Farm Road, Meridian, Idaho DESCRIPTION PAR 46905 @ SW COR SE4SW4 SEC 14 3N 1 W PARCEL 1 R/S 4360 EXC R/W #346610-B SURVEY RECORD S)nfATFD M Mr SWlNEAS!//1 Di 7NE SONMWFSr 114 OF S(c>'!ON la IO"Mor]/be RANOf I WCST,MSr AWROUN -„� AAA COUNTY,Ammo rope •_' //,+ f %fit 00 nv. eur SASS OF SEE?M�.5. IS to mr oa oarwv 3 M�enr ur tr or ROS 2510 1y. I i � 9 /LtM LraSr u+rtaaNr _ • /ULM An'l0Y IM L^ J O 4T Lr rCV/'N W/Rl}Ta' MW 1/4 �Y SW 1/4 NZ 1/4 $ ....... WpAaIOG 5^JLF � I N�M 0I > K rUrFY ARLMmT DOR'ri n<AdKY MGRLV Ai Pwarrm.Yv m1tlNE GM lnNOt M K[LpQ W1H ' s rrrsrr r ,aar �po SUF..I FOR i373y Ea.w'apr..r._._r` r —aos.�,•�� lo—w. Fill- swl 1. ' T NOTE s'N 1/4 nx m reneYc ao mwr awrc aorAenaa o oar n.ow ro aoo rwu.Wo ns axarr oaKo.. u I4 .nn a o0QlpnpG A&Y low PACE I CP r _IT isc er(¢,yti Surveying 'Wra-,saute - Y x 2 iy K Lm+d Swvoyina � oAr rru r.rNa f �r� . � (Oi So.WoNrlfiphn AVP, j� bia�wa°P�wr � FmmafC!d•ho HJel7 'i J7{ s u £ovrpuxo ftAo IMP u 1 f J 30-4 Z T2123 x AYrvtY Y a.eaa• I[1FX Ib.S:hIhAI-6-m-00 Ap Rh ilOLl Page 277 Item#1. Exhibit 6 City Council Resolution Adopting Intergovernmental Agreement To Be Inserted Upon Adoption Page 278 Item#1. CITY OF MERIDIAN RESOLUTION NO. 21-2299 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO,TO PROVIDE FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b) BETWEEN ADA COUNTY, IDAHO AND THE CITY OF MERIDIAN, IDAHO; PROVIDING FOR AREAS OUTSIDE THE CITY LIMITS TO BE INCLUDED WITHIN AN URBAN RENEWAL AREA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor (the "Mayor") and City Council ("City Council") of the city of Meridian, Idaho (the "City") have the authority (pursuant to Idaho Code §50-302) to establish resolutions not inconsistent with the laws of the State of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; WHEREAS,the City Council on or about July 24,2001,adopted and approved a resolution creating the Urban Renewal Agency of the City of Meridian, Idaho, also known as the Meridian Development Corporation ("MDC"), authorizing MDC 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 (the "Act") upon making the findings of necessity required for creating the MDC; WHEREAS, there are currently three existing urban renewal/revenue allocation areas in the City; WHEREAS, MDC obtained the Linder Urban Renewal District (Proposed) Eligibility Report, dated May 2021 (the "Eligibility Report"), which examined an area of operation of the City, in an area known as the Linder District 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 or a deteriorated area as defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8); WHEREAS,the MDC Board,on May 26,2021,adopted Resolution No.21-024 accepting the Eligibility Report and authorizing the MDC Chair, Vice-Chair, or Administrator of MDC to transmit the Eligibility Report to the City Council requesting its consideration for designation of an urban renewal area and requesting the City Council to direct the Agency to prepare an urban renewal plan for the Linder District Study Area, which plan may include a revenue allocation provision as allowed by law; WHEREAS, Idaho Code Section 50-2018(18) provides that an urban renewal agency RESOLUTION FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE §50-2906(3)(b) -URBAN RENEWAL AREAS OUTSIDE CITY LIMITS - 2 Page 279 Item#1. cannot exercise jurisdiction over any area outside the city limits and within its area of operation without the approval of the other city or county declaring the need for an urban renewal plan for the proposed area; WHEREAS, the area considered within the Eligibility Report included certain properties within unincorporated Ada County; WHEREAS,the MDC Board also authorized the transmittal of the Eligibility Report to the Ada County Board of County Commissioners for purposes of obtaining a resolution accepting the Eligibility Report and determining such area outside the boundaries of the City and within unincorporated Ada County to be a deteriorated area and/or a deteriorating area and finding the need for an urban renewal project for the proposed Linder District Study Area; WHEREAS, the Eligibility Report was submitted to the Ada County Board of County Commissioners, and the Ada County Board of County Commissioners were asked to adopt a resolution finding the need for an urban renewal project for the proposed Linder District Study Area; WHEREAS, the Ada County Board of County Commissioners adopted MDC's findings concerning the proposed Linder District Study Area by adopting Resolution No. 2676 on September 30, 2021; WHEREAS,the City Council,by Resolution No.21-2289,dated October 5,2021,declared the Linder District Study Area described in the Eligibility Report to be a deteriorated area or a deteriorating area, or a combination thereof, as defined by Chapters 20 and 29, Title 50, Idaho Code, as amended, that such area is appropriate for an urban renewal project, that the Ada County Board of County Commissioners directed the parcels north of Interstate 84 and west of Linder Road should not be included in any proposed revenue allocation area, that the Ada County Board of County Commissioners adopted the necessary resolutions and directed MDC to commence preparation of an urban renewal plan; WHEREAS, the City and MDC have undertaken the planning process during 2021; WHEREAS, MDC prepared the Urban Renewal Plan for the Linder District Urban Renewal Project (the "Linder District Plan"), which Linder District Plan proposed to create an urban renewal and revenue allocation area commonly known as the Linder District project area (the "Project Area" or "Revenue Allocation Area") to develop and/or redevelop a portion of the area designated as eligible for urban renewal planning pursuant to the Law and Act, as amended, located within the City, and a portion of which is within unincorporated Ada County adjacent and contiguous to the City, that is intended to be annexed into the City prior to development; WHEREAS, the area included in the Project Area is smaller than the area assessed in the Eligibility Report; RESOLUTION FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE §50-2906(3)(b) -URBAN RENEWAL AREAS OUTSIDE CITY LIMITS - 2 Page 280 Item#1. WHEREAS, the required property owner consents for any parcels deemed to be an agricultural operation included within the Project Area have been obtained by MDC; WHEREAS, the Linder District Plan contains the provisions of revenue allocation financing as allowed by the Act; WHEREAS, the MDC Board on October 27, 2021, adopted Resolution No. 21-053 proposing and recommending the Linder District Plan; WHEREAS, the Agency, by letter of transmittal dated October 28, 2021, submitted the Linder District Plan to the Mayor and the City Clerk; WHEREAS,the Mayor and the City Clerk took the necessary action to process the Linder District Plan consistent with the requirements set forth in Idaho Code Section 50-2906 and Idaho Code Section 50-2008; WHEREAS,appropriate notice of the Linder District Plan and revenue allocation provision contained therein has been given to the affected taxing districts and the public as required by Idaho Code §§ 50-2906 and 40-1415; WHEREAS, after notice duly published, the City Council at its regular meeting to be held on December 14, 2021, will hold a public hearing and thereafter may consider the Linder District Plan as proposed; WHEREAS, Idaho Code Section 50-2906(3)(b) contemplates an agreement between the Ada County Board of County Commissioners and the City Council, governing administration of a revenue allocation financing provision for any area extending beyond the City's municipal boundary and located within unincorporated Ada County, and such agreement must be formalized by a transfer of powers ordinance adopted by the Ada County Board of County Commissioners; WHEREAS, there are certain properties within the Linder District Plan and Project Area which extend beyond the City's municipal boundaries and into unincorporated Ada County; WHEREAS,the Ada County Board of County Commissioners adopted Ordinance No. 932, the Transfer of Powers Ordinance, on December 7, 2021, which Ordinance authorized the Chair to sign and enter into the Intergovernmental Agreement for Roles and Responsibilities under Idaho Code Section 50-2906(3)(b)between Ada County and the City(the "Agreement"); WHEREAS,the Mayor and City Council deem it expedient and in the best interests of the City to establish and enter into the Agreement, to confirm the consent of Ada County under Idaho Code §50-2018(18), and to assure compliance with the Act and Law. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: RESOLUTION FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE §50-2906(3)(b) -URBAN RENEWAL AREAS OUTSIDE CITY LIMITS - 2 Page 281 Item#1. Section 1: That the above statements are true and correct. Section 2: That the Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code §50-2906(3)(b) (the "Agreement"), attached hereto as Exhibit A, is incorporated herein and made a part hereof by reference, and is hereby approved and accepted. Section 3: That the Mayor is hereby authorized to sign and enter into the Agreement. A copy of this Resolution and the attached Agreement shall be held on file in the office of the City Clerk. Section 4: This Resolution shall be in full force and effect upon the execution of this Resolution by the Mayor. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2021. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 2021. Robert E. Simison, Mayor ATTEST: Chris Johnson, City Clerk RESOLUTION FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE §50-2906(3)(b) -URBAN RENEWAL AREAS OUTSIDE CITY LIMITS - 2 Page 282 Item#1. Exhibit A Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code Section 50-2906(3)(b) 4823-0318-4844,v. 1 RESOLUTION FOR AN INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE §50-2906(3)(b) -URBAN RENEWAL AREAS OUTSIDE CITY LIMITS - 2 Page 283 Item#1. INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b) This Intergovernmental Agreement is entered into this day of , 2021, by and between Ada County, Idaho (the "County") and the City of Meridian, Idaho (hereinafter, "Meridian"), and is made for the purpose of complying with Idaho Code Section 50-2906(3)(b). RECITALS WHEREAS, the County is a duly organized and existing county under the laws and the Constitution of the State of Idaho; WHEREAS, Meridian is a duly organized existing municipality under the laws and the Constitution of the state of Idaho; 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 (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, there are currently three (3) existing urban renewal and revenue allocation project areas in Meridian, which are commonly referred to as follows: the Downtown District, the Ten Mile District,and the Union District. The Downtown District includes parcels located within unincorporated Ada County, which is governed by the Intergovernmental Agreement for Roles and Responsibilities Under Idaho Code Section 50-2906(3)(b), by and between the County and Meridian, dated March 18, 2003; WHEREAS, based on inquiries and information presented, certain interested property owners, the County and Meridian commenced certain discussions concerning examination of an additional area within Meridian and within the unincorporated County as eligible for an urban renewal project; WHEREAS,in 2021,Kushlan I Associates commenced an eligibility study and preparation of an eligibility report for an area approximately 195 acres in size including properties and roadway, referred to as the Linder District Study Area,which is an area generally bounded by Ten Mile Road on the west, Interstate 84 on the north, Overland Road on the south, and what would be an unimproved section of Linder Road on the east. Additionally, the Linder District Study Area included three (3)parcels located west of Linder Road and north of I-84 (the "Study Area"); WHEREAS, the Agency obtained an eligibility report entitled Linder Urban Renewal District(Proposed) Eligibility Report, dated May 2021 (the "Report"), which examined the Study INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 1 (Linder District—Meridian) Page 284 Item#1. Area, which area also included real property located within unincorporated Ada County, for the purpose of determining whether such area was a deteriorating area and/or a deteriorated area as defined by Idaho Code Sections 50-2018(8), (9) and 50-2903(8); WHEREAS, the Agency, on May 26, 2021, adopted Resolution No. 21-024 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 for the Study Area, which plan may include a revenue allocation provision as allowed by law; WHEREAS, the Agency also authorized the transmittal of the Report to the Ada County Board of County Commissioners for purposes of obtaining a resolution determining such areas outside the boundaries of incorporated Meridian and within unincorporated Ada County to be deteriorated and/or deteriorating and finding the need for an urban renewal project for the proposed Study Area; WHEREAS, Idaho Code Section 50-2018(18) provides that an urban renewal agency cannot exercise jurisdiction over any area outside the city limits and within its area of operation without the approval of the other city or county declaring the need for an urban renewal plan for the proposed area; WHEREAS, the area considered within the Report included certain properties within unincorporated Ada County; WHEREAS, the Report was submitted to the Ada County Board of County Commissioners, and the Ada County Board of County Commissioners were asked to adopt a resolution finding the need for an urban renewal project for the proposed Study Area; WHEREAS, the Ada County Board of County Commissioners adopted the Agency's finding concerning the proposed Study Area by adopting Resolution No. 2676 on September 30, 2021; WHEREAS, the Meridian City Council, by Resolution No. 21-2289, dated October 5, 2021, 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, Title 50, Idaho Code, as amended, that such Study Area is appropriate for an urban renewal project, that the Ada County Board of County Commissioners directed the parcels north of Interstate 84 and west of Linder Road should not be included in any proposed revenue allocation area, that the Ada County Board of County Commissioners adopted the necessary resolutions and directed the Agency to commence preparation of an urban renewal plan; WHEREAS, the City and the Agency embarked on the planning of an urban renewal project referred to as the Urban Renewal Plan for the Linder District Urban Renewal Project (the "Linder District Plan") to develop and/or redevelop a portion of Meridian, a portion of which is INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 2 (Linder District—Meridian) Page 285 Item#1. within unincorporated Ada County adjacent and contiguous to the City, that is intended to be annexed into the City prior to development, pursuant to the Law and the Act, as amended; WHEREAS, the Linder District Plan proposed to create an urban renewal and revenue allocation area commonly known as the Linder District project area (the "Linder District Project Area"); WHEREAS, the Agency and its consultants have undertaken the planning process during 2021; WHEREAS, the area included in the Linder District Project Area is smaller than the area assessed in the Report, which Linder District Project Area is illustrated in Exhibit 1; WHEREAS, the required property owner consents for any parcels deemed to be an agricultural operation included within the Linder District Project Area have been obtained by the Agency; WHEREAS, the Linder District Plan contains the provisions of revenue allocation financing as allowed by the Act; WHEREAS, the Agency Board on October 27, 2021, adopted Resolution No. 21-053 proposing and recommending the Linder District Plan; WHEREAS, the Agency, by letter of transmittal dated October 28, 2021, submitted the Linder District Plan to the Mayor and Meridian City Clerk; WHEREAS,the Mayor and City Clerk are taking the necessary action to process the Linder District Plan consistent with the requirements set forth in Idaho Code §§ 50-2906 and 50-2008; WHEREAS,appropriate notice of the Linder District Plan and revenue allocation provision contained therein has been given to the affected taxing districts and the public as required by Idaho Code § 50-2906; WHEREAS, after notice duly published, the Meridian City Council at its regular meeting to be held on December 14, 2021, will hold a public hearing and will consider the Linder District Plan as proposed; WHEREAS, Idaho Code Section 50-2906(3)(b), requires an agreement between the Meridian City Council and the Ada County Board of County Commissioners, governing administration of a revenue allocation financing provision for any area extending beyond Meridian's municipal boundary and located within the unincorporated County, and such agreement must be formalized by a transfer of power ordinance adopted by the County; WHEREAS, there are certain properties within the Linder District Plan and Project Area which extend beyond Meridian's municipal boundaries and into the County, as illustrated in INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 3 (Linder District—Meridian) Page 286 Item#1. Exhibit 1, and as more particularly described in Exhibit 2 attached hereto and incorporated herein by reference; WHEREAS, the Meridian City Council and the Board of County Commissioners desire to enter into this Agreement to avoid any uncertainty regarding the Meridian City Council's jurisdiction and authority to establish the Linder District Project Area and the Agency's authority to implement the Linder District Plan concerning those properties which are outside Meridian's municipal limits and within the County; WHEREAS, the Meridian City Council and Board of County Commissioners deem it in their collective best interests to enter into this Agreement covering said properties and assuring compliance with the Act and Law, Idaho Code Sections 50-2906(3)(b) and 50-2018(18) respectively; NOW, THEREFORE, it is mutually agreed as follows: AGREEMENT 1. PURPOSE OF AGREEMENT The purpose of this Agreement is to detail the duties, roles, and responsibilities to be provided by the parties with respect to compliance with the Act and Law,Idaho Code Sections 50- 2906(3)(b) and 50-2018(18)respectively; 2. GENERAL PROVISIONS The Ada County Board of County Commissioners does hereby agree that the Meridian City Council shall have the right, power, authority, and obligation to administer the Law, Act and particularly the revenue allocation financing provisions of the Linder District Plan for that certain property which is contained within the boundaries of the revenue allocation area as defined in the Act and the Linder District Plan, which property extends beyond Meridian's municipal boundary and into the unincorporated County. The property governed by this Agreement is illustrated in Exhibit 1 and more particularly described in Exhibit 2 of this Agreement. The County,by passing Resolution No. 2676, has declared the need for urban renewal activity in the area which extends beyond Meridian's municipal boundaries and into the unincorporated County. By agreeing to the administration of this property by the Meridian City Council for the limited purposes of implementing the Linder District Plan, the Board of County Commissioners agree all revenue allocation proceeds generated from such property shall be available to the Agency for all purposes authorized under the Act and the Linder District Plan. Following the establishment of the Linder District Project Area, the Agency shall administer the revenue allocation provision affecting this property as allowed under the Act and the Linder District Plan. Additionally, the Board of County Commissioners acknowledges the Linder District Plan will be reviewed by the Meridian Planning & Zoning Commission for the Linder District Plan's conformity with the general plan for the development of Meridian as a whole consistent with and INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 4 (Linder District—Meridian) Page 287 Item#1. limited to the requirements of Idaho Code § 50-2008(b). The Board of County Commissioners defers to the Meridian Planning&Zoning Commission's review and recommendations as required by Idaho Code § 50-2008(b) solely with regard to adopting the Linder District Plan. The Meridian City Council expressly acknowledges the parcels located within unincorporated Ada County are subject to and shall be developed in conformity to the 2019 City of Meridian Comprehensive Plan as adopted by Ada County Resolution No. 2620, Ada County Zoning and Development Codes as well as the Linder District Plan, recognizing the intent to seek annexation of the parcels located within the unincorporated County into Meridian prior to development, which development is intended to occur in phases over the life of the Linder District Plan and Project Area. Ada County defers to the Agency to implement and carry out the Linder District Plan. The Board of County Commissioners shall approve this Agreement by the adoption of a transfer of power ordinance and the Meridian City Council shall approve this Agreement by the adoption of a duly authorized resolution. Upon approval and adoption of the ordinance and resolution referenced above, the Meridian City Council shall take the necessary steps through the Meridian City Clerk to transmit a copy of the County Transfer of Power Ordinance to the County Auditor, County Assessor, the County Recorder,the other taxing districts of the revenue allocation area, and the Idaho State Tax Commission. 3. SPECIAL PROVISIONS Public Improvements. In consideration of this Agreement, the Board of County Commissioners hereby consents to those certain public improvements identified in the Linder District Plan which may be acquired, constructed or installed on certain rights-of-way not within the Meridian city limits. 4. EFFECTIVE TERM This Agreement shall be deemed effective upon the execution of this Agreement by both the Board of County Commissioners and the Meridian City Council and shall remain in effect for the duration of the Linder District Plan. This Agreement shall be of no further force and effect as it relates to any parcel or parcels as illustrated and described in Exhibit 1 and Exhibit 2 upon those properties or portions of those properties then being included within the municipal boundaries of Meridian, currently, or through Meridian's annexation process. 5. MODIFICATION This Agreement may be modified or amended in writing if executed by both the Board of County Commissioners and the Meridian City Council. INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 5 (Linder District—Meridian) Page 288 Item#1. 6. ENTIRE AGREEMENT Except as provided otherwise herein,this Agreement and any attachments hereto constitute the entire Agreement between the parties concerning the subject matter hereto. IN WITNESS WHEREOF, the Board of County Commissioners and the Meridian City Council have executed this Agreement by proper persons thereunto duly authorized as of the date first hereinabove written. COUNTY: BOARD OF ADA COUNTY COMMISSIONERS By Rod Beck, Chairman By Ryan Davidson By Kendra Kenyon ATTEST: Phil McGrane, Ada County Clerk CITY: CITY OF MERIDIAN, IDAHO By Robert Simison, Mayor ATTEST: Chris Johnson, Meridian City Clerk INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 6 (Linder District—Meridian) Page 289 Item#1. Exhibit 1 (Map of Properties Within Unincorporated Ada County) INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 7 (Linder District—Meridian) Page 290 Item#1. '$rovrr�,7rO4t ' Linder dtE tat 6ddingURD a Excursion + Eider- � �� .Rainbawf Ccunty Pvaels o I f / / 'r .Trout 17 71 City Limits / :. .x , ,� r{ Jion"r .Revenue �avigatior _ I Nation•�rrea �� � i Salman _ Z,77 7 7 - - - - - d 0 f■ ifr ■--F■ i ■ No Now w# # f ■ I Tasa. ' L Dwhdh:Farm{ — � - Y Q11d I tlyy s - in /C01 ��'Y !! I+ypod Gtt reF / cf xl( - Linder 0 r.��dorrpllsy�shover a��k�rnp saarrpllea kamvadaussav2asaro is wbjxFisy�ors'ori�a�an.�heiJryal .. : n rrukes rax+a^a�h,rar q�Qoriee os halrtcanFenF,accUocy.irraYrrs,arcanocFrnassai9rryrai Itie�o F ca,a�a asa ryes�a lespol res�•x st�Hy io- �a Mtarr�ohor canlairca a� �e i op. Page 291 Pfint Date: t Item#1. Exhibit 2 (Description of Properties Within Unincorporated Ada County) 4848-7171-9628,v.3 INTERGOVERNMENTAL AGREEMENT FOR ROLES AND RESPONSIBILITIES UNDER IDAHO CODE SECTION 50-2906(3)(b)- 8 (Linder District—Meridian) Page 292 Item#1. PARCEL NUMBER S1214438705 ADDRESS 2010 West Overland Road, Meridian, Idaho DESCRIPTION PAR#8705 @ SE COR SW4SE4 SEC 14 3N 1 W #438702 ID-55 N sd Vtv Ila Page 293 Item#1. PARCEL NUMBER S1214346705 ADDRESS West Overland Road,Meridian,Idaho DESCRIPTION PAR#6705 N'LY&E'LY POR SE4SW4 S OF INTERSTATE SEC 14 3N 1 W PARCEL 2 R/S 4360 EXC R/W #346072-B SURVEY RECORD SIVA rZO 01 M£SOU H"Sr 1%Of 7HF SOMWFSr 14 Of S£CHON r4 7 OM13HlP 3 NORM.RAHOF J WFSI,WISE YfRlOGuV4W„ J AOA C99 1D.1H0.(9 l G98 f—'L.pp BASIS OF HEAFGVOS: NCi[r r.MI1 P ifd OY>w rr M I.iwM!nL b nr , — �.,;• •�� �,,. ____ M(aa.cF frxX rCwll�t A;ill M An]�m b 1Nlr 11llatF'.6t Z A r/. .f. •I I.V)U0.t.i 1>•'fl'JSG a�"F'O'm"` � ROS 2518 y CECE/f0: i I • raAa Wa w MitLK • HxraW nw.w IIW� 1/4 Aor.n Gr SW1/h I M 1/h y -I-Ir M]P-Cv-4Y r I SW l R I I SURV£YG,4'S CEHT1FiCA%f CRVW SCALE JowDr a AnYD➢19..ausa�can s.nnol M lW lfi�fOv�f�Cp�fll An�fT�alP�'vtim�� I ��G'FU1TC uu 4XR1PC��M(I.�?TWY YM J --------- -----------f..fr....... _�� SU�EY FOR: / 18 I u��9 a j z l T I�I S 1/4 SE NOT. Sw 1/4 S7 i/4 im .f."a�w�oe`'a v`•nv''�a^"a on ur ,w�ir�o r>�.�nw'�`""�4or •,e nn u union u,.r ,....v wlwo.or. rcr lase Prcc I rr f rsc er jq¢(L urveyrng 2 w X LDnd SGrveyiny A01 Ss.Wwhinpfnn An. �9 Fm I.Ida3e arbtl �f'IP1 t5 to '�nf.ur 108)J65-il 22 23 FOVFR4RD ROAD— 7�r IA �ot: 8383 e VrfaY• ama.• �3 aL1A'Nv JI.-I.-3-14W-00 A9 M1y Y.lyq Page 294 Item#1. PARCEL NUMBER S1214438600 ADDRESS 2090 West Overland Road, Meridian, Idaho DESCRIPTION PAR#8600 OF SW4SE4 SEC 14 3N 1 W #438423-B f Page 295 Item#1. PARCEL NUMBER S1214438420 ADDRESS 2390 West Overland Road, Meridian, Idaho DESCRIPTION PAR#4200 @ W SIDE SW4SE4 SEC 14 3N 1 W R/S 4746 #8416-B FECCR] a wR4,50-16 ]-,e•Rif�a+r•x 99o9)/a{ - •1MftC:Y wWEB �M.•(,J•:Q.7 9 i [nv Y[i•a•nl•Afi r l ,Y 6 Fa.«a IaMw z•+r[x;ow•r faiKnMax siufx Rmxr-vu•+ INi .—('JJ+D s,r!id rfx vl)N BASS LT BEARING d F.S r[RSr�lE xtdv+r 6M-•. ,.� [FMfAi np=rs]•DD� A]TJ c•r w•x[a �` '. xNR 1f-M / S Rrs•'A•C CD42' rauxD IDMY Si+)[xaMVN I i 1 SaaM R......... 'R�[%r+f[xaFY+e �^ - -• r 1 < 1�� r mr { . Favw.cwMiul T+r 1 � , B reap xfM.vrt W sF+Si C•r . rwD r.az ar • rnAa yr T109 rw .r:ear r:x 1 f • 'uwn rx•y�srCR I I REFEREN,'ES• J riaxe .-r RAuiuu:P:¢ DE®D to slaver ff6)9uKrrt M1.9iFa>,u T[r yr•x:Rw r;x = I RSPa Y TVMI i SrauKJlt fd.%tiJSD . DFG^!n B SMNCF dSTRUK+I M.1].)A!a ,a Rarnn W SMDVR a6)WKx)f0-B9]atM SCr rS w:L �1 �� 1 10•x�0 T>YATC x;GN+r R�w[�M LLS iRTI[Ki.fE WI+T 9[C90 I XlrilY+r 1-M fl•1•a rWE6 L:M 3 --——� rep[efr Fetawer L:.•[ �} 8I N❑T K —r—s hIs+R4 rLK[LLK x R]Rs s TJv[r S[KRf[YS I+TIaKM•MYL:+en•I+ CERMCAiF RF SURWYQR ! F�a Irr a!a.ul — tsi Or avC4wa R:1•F - Ma s>p A] RECCWRtN- NRE% NLMBFR. 7:3-I4-2-7-C-DC t.— VANCE E.AND vSANDRI J. JANfCEX '� s es•Inr[ xx.w xsxr:• +^+-Iw sE esn.•.rtsV•,a s a.v]9f,l.>••ia Fq,Rp[D+tf W rR ME BOBdBT A'UTNd65UN Rl d* a nc saa v oaw Vu:xtr!a]•fun � YM)SL'K s ar[wAsf ff••D rnw ItgS RC,NC NtIyS RR. AN X Page 296 Item#1. PARCEL NUMBER S1214449021 ADDRESS 1940 West Overland Road, Meridian, Idaho DESCRIPTION PAR#9021 OF SE4SE4 SEC 14 3N 1 W R/S 2412 EXC R/W 4449020-B SURVEY RECORD RECORD OF SURVEY NO. 24JZ p �t .e.u.•... ,:.:. �.ECENO ' wyolsr�rt r 9 rw,e•nar ym • snT�yP•Pw.a TnO w.,ma ro Sal fc N'P" r. 1 S a N41Vw .r.awr w s.eb.lwa I I [amw:l w I ,I A I ¢rl I CERTIFICATE OF SURVEYOR rl I I.Y:raw:F M�1a,Go nwapy caN.ly IM ^n a R y .Td s!vayw.1'cmw py ma Stab oy IaN0.Ctl Nad ffh ,I I '' m�.pa veep OrpweJ item ar:c.. "d +'oM a:rlta I pWnS�Ybr,nY tlpar u:Pwly:w.,..< d 1 bP mop ccarala rPprwtCbY al w:•a•'aaY.antl la.eonlrn, w'M Ilia Gwnw P.9a+_CIPn:^G�FPny Ptt Slcla of earn !)oda LS-P01 WPu9p 55'SI[mtl b Ina:tl.a Cade I I, � re Cry b S.rvrya I e r. 1 i.. �A al�yal:.,rwal .S rip 4a.ao99 I I' ay+A I I STATE OF IDAHO, COUNTY OF ADA. SS �IS'i11,MA.T NO�i3)R O ECOPO�:14.Pp ST 7 n):, M3� _ 'rr'[[y4��lCY P.M _ S�Ot �Lr�'1.1v I I I I Ol.AC VRVMM KC-XII 6Y:1')(YP�tYgJ� %PJTT I I RECORDING INDEX N0.314-14-2-2-0-00-00 "•anao Y u yS S WY FOR ELNO POW= MARKS SURVEYING -MIIC,OF TPC SE V.v P+E%'/y gym.la•ln iP�mr ao-a P,Po ayro 3Y. yw:cJvn.�wra Page 297 Item#1. PARCEL NUMBER S1214346905 ADDRESS 2960 West Dutch Farm Road, Meridian, Idaho DESCRIPTION PAR 46905 @ SW COR SE4SW4 SEC 14 3N 1 W PARCEL 1 R/S 4360 EXC R/W #346610-B SURVEY RECORD S)nfATFD M Mr SWlNEAS!//1 Di 7NE SONMWFSr 114 OF S(c>'!ON la IO"Mor]/be RANOf I WCST,MSr AWROUN -„� AAA COUNTY,Ammo rope •_' //,+ f %fit 00 nv. eur SASS OF SEE?M�.5. IS to mr oa oarwv 3 M�enr ur tr or ROS 2510 1y. I i � 9 /LtM LraSr u+rtaaNr _ • /ULM An'l0Y IM L^ J O 4T Lr rCV/'N W/Rl}Ta' MW 1/4 �Y SW 1/4 NZ 1/4 $ ....... WpAaIOG 5^JLF � I N�M 0I > K rUrFY ARLMmT DOR'ri n<AdKY MGRLV Ai Pwarrm.Yv m1tlNE GM lnNOt M K[LpQ W1H ' s rrrsrr r ,aar �po SUF..I FOR i373y Ea.w'apr..r._._r` r —aos.�,•�� lo—w. Fill- swl 1. ' T NOTE s'N 1/4 nx m reneYc ao mwr awrc aorAenaa o oar n.ow ro aoo rwu.Wo ns axarr oaKo.. u I4 .nn a o0QlpnpG A&Y low PACE I CP r _IT isc er(¢,yti Surveying 'Wra-,saute - Y x 2 iy K Lm+d Swvoyina � oAr rru r.rNa f �r� . � (Oi So.WoNrlfiphn AVP, j� bia�wa°P�wr � FmmafC!d•ho HJel7 'i J7{ s u £ovrpuxo ftAo IMP u 1 f J 30-4 Z T2123 x AYrvtY Y a.eaa• I[1FX Ib.S:hIhAI-6-m-00 Ap Rh ilOLl Page 298 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll City Council Public Hearing Tuesday, December 14, 2021 Linder District Urban Renewal ProjectUrban Renewal Plan for the Urban Renewal Plan for the 18 parcels, 6 not yet annexedencompassing188.6 acres (including ROW) Linder District Urban Renewal Project Plan Elements(Section 800)resources other than revenue allocation funds to operate and manage such assets; herein shall prevent the agency from retaining assets or revenues generated from such assets as long as the agency shall haveing oth(8) A description of the disposition or retention of any assets of the agency upon the termination date. Provided however, n•(Section 800)following the last year of the revenue allocation provision described in the urban renewal plan; year ar determining the termination date, the plan shall recognize that the agency shall receive allocation of revenues in the calend2903(20), Idaho Code. In -(7) A termination date for the plan and the revenue allocation area as provided for in section 50•(Section 501; Attachment 5)are to be incurred; ns tio(6) A description of the methods of financing all estimated project costs and the time when related costs or monetary obliga•(Section 502.8; Attachment 5)all taxing districts levying taxes upon property on the revenue allocation area; n upo(5) A fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds are repaid, •(Attachment 5)(4) A detailed list of estimated project costs; •(Attachment 5)(3) An economic feasibility study; •(Section 301; Attachment 5)area; on ati(2) A statement listing the kind, number, and location of all proposed public works or improvements within the revenue alloc•combined base values projected to be less than 10%certified values, base is 2.62% of the total taxable value of the City; even assuming significant increases in 2021 –Using 2020 certified values •ityNote: combined adjusted base values of existing RAAs, plus proposed RAA cannot exceed 10% of the total taxable value of the C•assessed valuation of all taxable property within the municipality; l ota(1) A statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the t• Ag Operation Consent Consents obtained•Six identified•consent necessary to property owner three (3) years operation within last If parcel used for an ag • Projects Property owners••City/MDC staff•Ten Mile Interchange Specific Area Plan•City’s Comprehensive Plan•Project List informed by:• Linder District Improvement List$7,000,000Grand Total(including real property acquisition)Between S. Linder Road and S. Ten Mile Road$2,000,000West Connection-East–Local Road Project (including real property acquisition)$3,500,000Sewer Main Project(including real property acquisition)$1,500,000Southern Approach-Linder Overpass Project Estimated Location the Project AreaUpgrades Within and Utility of Transportation Revenue Model & Assumptions bonds/levies after 2007, judgment levies or the School District Plant or supplemental levies excluded by law2908, such as voter approved -Tax rate does not include levies excluded pursuant to Idaho Code 50•$1,500,000 reserve to fund the southern approach to the Linder Overpass Project•Roadway ProjectsInterest costs to support the anticipated Owner Participation Agreements related to the Sewer Main and Local •Total Capital Cost of Improvements over the life of the project: $7,000,000•Tax Rate is reduced 10% and held constant through the life of the Plan•Improvement Value Increase @ 10%/year for 5 years, then 5%/year for the balance of the term•Land Value Increase @ 8%/year for 5 years, then 4%/year for the balance of the term•development occurringThe land currently located within unincorporated Ada County will be annexed into the City prior to •Assumptions:•Private Investment: $110,000,000•Tax Increment Yield: $11,314,976• Other Considerations?Completed-Agreement with ACHD •Completed-Intergovernmental Powers Agreement with Ada County •Completed-Eligibility Report Approval by Ada County • Timeline ordinance publication, recordation and transmittals-Post•of the Intergovernmental AgreementCity Council Public Hearing; Consolidated Ordinance Readings; Approval –December 14, 2021 •Intergovernmental AgreementBOCC Adoption of the Transfer of Powers Ordinance and Approval of the –December 7, 2021 •2nd Publication of the CC Public Hearing–November 26, 2021 •1st Publication of the CC Public Hearing; Transmittal to Taxing Districts–November 12, 2021 •P&Z Meeting Finding Conformity with Comprehensive Plan–November 4, 2021 •MDC Consideration of the Linder District Plan–October 27, 2021 •City Council Considered the Eligibility Study –October 5, 2021 •BOCC Approves the Eligibility Study–September 30, 2021 •MDC Considered the Eligibility Study–May 26, 2021 • E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 Changes to Agenda: None Item #2: Pera Place Subdivision (H-2021-0056 & H-2021-0091) Application(s): Annexation and Zoning, Rezone, Preliminary Plat, and DA Modification Size of property, existing zoning, and location: This site consists of 16.63 acres of land, zoned RUT & R-4, located at 4600 W. Daphne Street, 4546 W. Daphne Street, and Parcel S0427325702, near the northeast corner of N. Black Cat Road and W. McMillan Road. Adjacent Land Use & Zoning: North – R-4, detached single-family home East – County Residential South – County Residential West – R-8 zoning, single-family residential under development History: AZ-07-011 & PP-07-016 (for the R-4 parcel); DA Inst. #108057324; Black Cat Estates Subdivision No. 2 (County subdivision that includes the remaining 10 acres and two parcels). Comprehensive Plan FLUM Designation: Medium Density Residential (MDR, 3-8 du/ac) Summary of Request: Annexation and Zoning of 10 acres of land with a request for the R-8 zoning district; Rezone of approximately 7 acres of land from the R-4 zoning district to the R-8 zoning district, and; Preliminary Plat consisting of 65 single-family detached building lots and 8 common lots on 16.63 acres of land. The subject project includes three (3) existing parcels, one of which was annexed into the City with the R-4 zoning district in 2007 and has an existing Development Agreement (DA). The area to the north of this project is developed R-4 zoning with detached single-family homes and an R-8 subdivision is approved to the west of this project, Brody Square. Applicant is proposing Pera Place Subdivision with 65 building lots equating to a gross density of 3.91 units per acre. Proposed use of detached single-family residential is an allowed and anticipated use in the requested R-8 zoning district and MDR future land use designation. Area of R-4 project created a county enclave that is still owned by the same property owner and is referred to as the Poorman outparcel. Enclave is still not annexed and was approved for a preliminary plat in 2007. Plat is long expired but DA still exists. The Applicant is requesting to rezone this area to the R-8 zoning district to match the requested zoning of the 10 acres to the south and the approved projects to the south/southwest. Because there is an existing DA tied to a plat that is no longer valid and the Applicant is requesting to rezone this area, the Applicant submitted a Development Agreement Modification application to replace the existing DA and incorporate its boundary within this project concurrent with the annexation and preliminary plat requests. In general, Staff finds rezoning this area from R-4 to R-8 a logical expansion of existing zoning nearer the corner of Black Cat and McMillan Roads to the southwest of the subject site. Staff finds the proposal to annex 10 acres and rezone 6.5 acres to the R-8 zoning district offers an appropriate transitional density to the developed R-4 area to the north. There are two existing county residential single-family homes with accessory structures on the two 5-acre sites abutting Daphne Street. All structures are proposed to be removed upon development of this project. The Poorman outparcel has their septic tank drain field on a small area just north of their property line near Black Cat Road. According to the revised plat, the Applicant has removed the non-buildable lot in this area in lieu of a plat note and future legal document outlining its maintenance, use, and termination, as noted in a proposed DA provision. The proposed use is detached single-family residential with an average lot size of 6,705 square feet and a minimum lot size of 5,297 square feet. The proposed use, lot sizes, and revised lot alignment should provide for a development that is cohesive with the adjacent development to the north and the planned development to the west/southwest. All subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC 11-6C- 3). Length of the proposed east-west cul-de-sac shown as W. Philomena Court in the north portion of the site does not comply because it is greater than 500’ (approximately 550’). o The original preliminary plat met this requirement and included an access easement to the Poorman outparcel. At Staff’s recommendation, the Applicant extended Philomena Court further west so that right-of-way would touch the Poorman outparcel instead of an easement. Staff recommended this because easements are more difficult to track and maintain than having abutting right-of-way. With the current layout, the City will have more means of requiring the Poorman outparcel take access from Philomena Court instead of Black Cat should that property ever redevelop. Access is proposed via multiple local street connections and no arterial or collector street connections. o One access is via extension of N. Sepino Avenue, a local street stubbed to the northern boundary from the Vicenza Commons Subdivision. The Applicant is also proposing two new north-south local street connections to W. Daphne Street, an existing county local street along the southern boundary. o Daphne Street is the access point for the existing county residences and is proposed to be improved with half-plus- twelve feet of pavement, curb, gutter, and 5-foot attached sidewalk. o The proposed N. Sepino extension intersects Avilla Drive (from Brody Square) and is the access point for the noted Philomena Court. o The Applicant is proposing a common drive off of N. Sepino that serves three (3) building lots; the two other lots adjacent to the common drive are proposed to take access from N. Sepino. o All local streets are proposed as 33-foot wide street sections with 5-foot attached sidewalk within 47 feet of right-of- way consistent with ACHD policy. o The Applicant is also proposing to extend Avilla Drive to the east boundary as a stub street for future road connectivity to adjacent properties. 5-foot wide attached sidewalks are proposed along all proposed local streets—5-foot detached sidewalk is proposed along Black Cat within the buffer. As proposed, this project and the existing conditions of the Poorman outparcel not being annexed into the City would create a sidewalk gap along the east side of Black Cat. This gap would be approximately 190 feet in length and equates to the Poorman out-parcel’s frontage along Black Cat. o This sidewalk gap is why the project required ACHD Commission approval instead of the standard staff-level review and approval. The ACHD Commission approved the road layout and the overall project without this additional sidewalk connection but instructed the Applicant try to obtain the additional right-of-way and sidewalk along the outparcel frontage. o Staff has recommended a condition of approval along the same lines – consistent with other approvals in the area, Staff recommends an interim sidewalk is constructed along the outparcel frontage for pedestrian safety and to eliminate this sidewalk gap until frontage improvements are required at such time the Poorman outparcel is redeveloped. The Applicant is proposing approximately 2.84 acres of qualified open space (approximately 17%) and 3 qualified amenities (shade structure with a picnic table, a tot-lot, and at least 20,000 square feet of extra open space). Staff finds the proposed open space and amenities to be thoughtfully designed and placed for appropriate recreation and use. Commission Recommendation: Approval 1. Summary of Commission public hearing: a. In favor: Dan Lardie, Applicant Representative; Tony Tseng, Applicant; Mr. & Mrs. Poorman, sellers of the R-4 parcel. b. In opposition: None c. Commenting: Dan Lardie; Paul Poorman; Gayle Poorman; Joel Tague, neighbor; d. Written testimony: Don Applegarth, neighbor. e. Staff presenting application: Joseph Dodson, Associate Planner f. Other Staff commenting on application: Bill Parsons, Planning Supervisor. 2. Key issue(s) of public testimony: a. Location of proposed micro-path in open space lot in northwest corner of the site and a desire to move it to further from the existing homes; b. Transition in lot sizes/lot lines between proposed R-4 lots and existing R-4 lots to the north; c. Overall desire for applications to be approved as proposed because of Applicant’s willingness to work with sellers. d. City’s place in creating the Poorman outparcel starting in 2007 and onward by not requiring the parcel be annexed originally. 3. Key issue(s) of discussion by Commission: a. Confirmation of use for proposed irrigation ponds in central open space; b. Configuration of remaining parcels to the south and east – is proposal adequate transition to the larger 5-acre parcels. c. Size and configuration of lots on proposed common drive; d. Issues of allowing existing Poorman outparcel to remain and not become part of plat/annexation area – what are the City’s options with this parcel; 4. Commission change(s) to Staff recommendation: a. Move the micro-path in the large open space lot along Black Cat to be further away from the fence along the north boundary to a more centralized location in the open space lot; b. Revise the plat to show the lot lines along the north boundary (Lots 2-7, Block 1) to align with the existing lot lines to the north in Vicenza Commons Subdivision. 5. Outstanding issue(s) for City Council: a. None Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Numbers H-2021-0056 & H-2021-0091, as presented in the staff report for the hearing date of December 14, 2021: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers H-2021-0056 & H-2021-0091, as presented during the hearing on December 14, 2021, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers H-2021-0056 & H-2021-0091 to the hearing date of \[date\] for the following reason(s): (You should state specific reason(s) for continuance.) Item #3: Outer Banks Subdivision/The 10 Meridian (H-2021-0063) Application(s): Preliminary Plat Conditional Use Permit Size of property, existing zoning, and location: This site consists of 36 acres of land, zoned C-C & R-40, located at the SWC of W. Franklin Rd. & S. Ten Mile Rd. History: This property was annexed earlier this year with a DA. Comprehensive Plan FLUM Designation: Mixed Use – Commercial (MU-COM); High Density Residential (HDR); and Mixed Use – Residential (MU-RES) in the TMISAP Summary of Request: The proposed preliminary plat consists of 25 buildable lots on 36+/- acres of land in the R-40 & C-C zoning districts; the plat is proposed to develop in 2 phases with the portion east of the Kennedy Lateral developing first per the revised phasing plan. W. Cobalt Dr., a collector street, is proposed to be extended from Ten Mile Rd. to the west boundary of this site consistent with the Master Street Map & the Transportation System Map in the TMISAP. The eastern portion of Cobalt, including a bridge across the Kennedy Lateral, will be constructed on this site & the western portion will be constructed on the adjacent property to the south prior to or with the first phase of development. The proposed street section has been deemed to be generally consistent with the associated Street Section in the TMISAP. A construction & cooperative DA for the construction of Cobalt has been signed between the subject property owner and the property owner to the south in accord with the DA. Access is proposed via W. Franklin Rd., a commercial arterial; S. Ten Mile Rd., a residential mobility arterial; and the future extension of W. Cobalt Dr., a residential collector street, as shown on the plat and as noted in the staff report. No stub streets are proposed to the west as none exist to this site. With development of this property, based on ACHD’s traffic counts, Franklin Rd. will operate at an acceptable level of service but Ten Mile will not – it’s anticipated to go from LOS “D” to “F” (an acceptable level of service is “E”). Common open space & site amenities for the R-40 zoned portion of the subdivision meets the minimum UDC standards for such. The Kennedy Lateral bisects this site and is proposed to be piped throughout the development. The proposed CUP is for a MFR development containing a total of 516 residential dwelling units consisting of (364) high-density apartments, (126) flat & (26) townhome style units is proposed in the R-40 & C-C zoning districts. A mix of 1-, 2- & 3-bedroom units are proposed. Vertically integrated residential is also proposed but is not part of this application as it’s a principal permitted use in the zone. Common open space & site amenities are proposed for the development that comply with the minimum standards. Off-street parking is proposed as shown on the site plan. A minimum of 898 spaces are required for the MFR development; 995 spaces are proposed which include 41 compact spaces which although discouraged, are allowed to be provided above the minimum required spaces. A minimum of 31 spaces are required for the clubhouse; 31 are proposed. Conceptual building elevations were submitted for the various types of MFR units proposed in this development, including high-density apartments, flats & townhome-style structures. All of the structures appear to be of a high quality of design and consist of a complementary mix of materials, including wood-look siding, Hardie siding, metal siding, stucco, tile, stone veneer and glazing, and colors. The high-density and flats are 4-story buildings & the townhome style buildings are 3-stories in height. The high-density apartments will have secure entrances and be accessed by an internal hallway. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Wendy Shrief, JUB Engineers; Lane Borges; Hethe Clark, Spink Butler ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Key Issue(s): The Applicant requests the extension of Cobalt is within 70-feet of right-of-way as proposed and requests to work with Staff on the details of the street section. Key Issue(s) of Discussion by Commission: i. Concern pertaining to traffic generated from the proposed development and its effect on area streets, especially the functionality of Ten Mile Rd. which will be at level of service “F”; ii. Concern pertaining to adequacy of proposed parking in the multi-family development and garages being used as storage instead of parking – a revised site plan was submitted after the Commission hearing that provides 87 more spaces than originally proposed. Commission Change(s) to Staff Recommendation: No changes were made to Staff’s recommendation; however, the Commission did direct the Applicant to work with Staff on the road section for Cobalt Dr. and improve the parking ratios for the development. Outstanding Issue(s) for City Council: Since the Commission meeting, the Applicant worked with Staff on the design of Cobalt Dr. and has added more parking for the multi-family development. Revised plans were submitted that reflect the following changes: 1) a re- design of Cobalt Dr. that complies with the street section in the TMISAP as recommended by Staff; 2) a re-design of the residential parking areas to provide a surplus of 97 spaces above the minimum required (compact spaces were reduced from 58 to 41 and are provided above the minimum requirements); 3) the garages along the western boundary have been relocated to comply with the minimum setback; carports are depicted that are also required to comply with the minimum building setbacks or be relocated internally; 4) the property lines at Building F-3 have been adjusted to comply with the minimum setback; and 5) the sidewalk along Ten Mile Rd. has been modified to reflect a 6-foot wide detached sidewalk with an 8-foot wide planter/parkway area – the staff report has been updated to include these revisions. Written Testimony since Commission Hearing: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0063, as presented in the staff report for the hearing date of December 14, 2021: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2021-0063, as presented during the hearing on December 14, 2021, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0063 to the hearing date of _____________ for the following reason(s): (You should state specific reason(s) for continuance.) v. Key Issue(s): 1) BHH requested the stub street to the south be shifted further to the east to align with the planned location of the street in their future development; and 2) The Applicant stated they’d like to pursue development of the LDS seminary and residential portions of the development first and restrict development of the Boys & Girls Club lot until a second public street access is available consistent with the ACHD conditions of approval. Key Issue(s) of Discussion by Commission: 1) The single public street access to this development; and 2) Secondary emergency access and parameters of the M-E zone. Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: Letters of testimony were received from Bart Hamilton, David Austin, Holly Miller, Jen Johnson, Jennifer Reese, Lance & Camie Olsen, Maile Thomas, Mathew & Nicole Gamette, Megan Roos, Trish Dildine, Troy Ball, Greg Borup, Paula Horsager, Melanie Evans, all in favor of the LDS seminary building that is proposed with this development. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2021-0065, as presented in the staff report for the hearing date of December 14, 2021: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2021-0065, as presented during the hearing on December 14, 2021, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2021-0065 to the hearing date of __________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #4: Aviator Springs (H-2021-0065) Application(s): Annexation & Zoning Preliminary Plat Size of property, existing zoning, and location: This site consists of 40 acres of land zoned RUT in Ada County, located at 3235 N. McDermott Rd. History: None Comprehensive Plan FLUM Designation: MU-N Summary of Request: Annexation of 40 acres of land with R-8 (31.59 acres), L-O (1.64 acres) and M-E (6.77 acres) zoning districts. The Applicant proposes to develop the site with 93 SFR detached homes at a gross density of 3.0 unit/s per acre (or 4.38 units/acre if only the developable area is included in the calculations, excluding the street buffer along future SH-16), an LDS seminary, and donation of a lot to the Boys & Girls Club for a facility on the west side of future SH-16 and research & development uses on the east side of SH-16. Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan per the analysis in the staff report. Although the proposed density is below that desired in MU-N designated areas (i.e. 6 to 12 units/acre) and there are no supporting services for the residential development, Staff believes the proposed development is appropriate for this area based on the lack of access available to the site from collector or arterial roadways. The proposed uses will provide a mix of uses as desired in the Comp Plan (i.e. residential, civic and commercial) and an LDS seminary and Boys & Girls Club will provide religious and childcare facilities within close proximity to the high school on the abutting property to the west which will be a benefit for area residents and the community. If Council feels additional housing types (i.e. alley-loaded, SFR attached, townhomes) should be provided, it would increase the density for the development. Staff did not include a recommendation for additional housing types to be provided due to the limited access available in this area and lack of employment uses provided in the residential area. Given the limitations with surrounding land uses, existing development pattern, poor access and bifurcation of the property with the extension of SH 16, it is not feasible to achieve full integration of uses as desired in MU-N areas. However, the applicant’s narrative does discuss how they believe the proposed development is consistent with the MU-N designation. Preliminary plat containing a total of 112 lots consisting of (93) buildable lots and (13) common open space lots on 31.59 acres of land in the R-8 zoning district; (2) buildable lots on 1.64 acres of land in the L-O zoning district; (1) buildable lot on 6.77 acres of land in the M-E zoning district; and (3) future right-of-way lots on 40 acres of land. Two (2) phases of development are proposed; the first phase is nd the area on the west side of future SH-16 and the 2 phase is the M-E zoned area on the east side. Access is proposed to the western portion of the development via the extension of two (2) local streets from the north from Chukar Ridge Subdivision. Future SH-16 is planned to bisect this site on Lot 1, Block 5. Access is proposed to the eastern portion of the site via N. McDermott Rd. Direct access via future SH-16 is prohibited. One (1) stub street is proposed to the south for future extension and interconnectivity. Qualified open space is proposed in excess of UDC standards. Based on the area of the plat (40 acres), a minimum of 4 acres is required (10%); 7.64 acres (or approximately 23.8%) of common open space is proposed which includes a large common area adjacent to future SH-16 which will provide a buffer to residential uses. A minimum of two (2) qualified site amenities are required. A swimming pool with changing rooms, pedestrian pathways, additional qualified open space of at least 20,000 square feet in area and children’s natural play structures are proposed as amenities in excess of the minimum standards. As noise attenuation for future SH-16, a 6’ tall berm & 6’ tall wall on top of the berm is required within the street buffer. Conceptual building elevations for the residential portion of the development were submitted as shown. The non-residential buildings are required to comply with the design standards in the ASM. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Matt Adams, The Land Group ii. In opposition: None iii. Commenting: Todd Tucker, Boise Hunter Homes (BHH) iv. Written testimony: Todd Tucker, Boise Hunter Homes – Requests the stub street to the south is shifted approximately 45’ to the east so that it abuts the east side of future SH-16 ROW to provide a better alignment w/the street connection planned to the south on the Boise Hunter Homes property. Note: If this were to happen, it appears there wouldn’t be adequate area for the required street buffer along future SH-16. City Council Meeting December 14, 2021 Item #2: Pera Place Sub. PLANNED DEVELOPMENTZONINGFLUM Maps– Revised Preliminary Plat Item #3: Outer Banks Subdivision Preliminary Plat & PLANNED DEVELOPMENTZONINGFLUM The 10 Meridian Conditional Use Permit Preliminary Plat & Phasing Plan (updated) Comprehensive PlanStreet Section Landscape Plan Open SpaceExhibit Flats (Building F) Flats (Building F) High2)--(Buildings HDDensity Apartments - High2)--(Buildings HDDensity Apartments - High3)-(Building HDDensity Apartments - High3)-(Building HDDensity Apartments - Townhome3)-2 & D-1, D-(Buildings DStyle - Clubhouse Clubhouse First Floor ClubhouseSecond Floor Clubhouse Item #4: Aviator Springs PLANNED DEVELOPMENTZONINGFLUM Annexation & Preliminary Plat– RAnnexation Area E Zone-M O Zone-L8 Zone- Preliminary Plat (Revised)& Phasing Plan Landscape PlanOpen Space Exhibit Cross& Natural Play AreaPedestrian Pathways Roadside SwalesConnection to Chukar RidgeNorth Landscape Buffer Sections- Parking ExhibitCirculation Exhibit Conceptual Building Elevations Exhibit pertaining to Boise Hunter Home’s request 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Pera Place Subdivision (H-2021-0056/H-2021-0091) by Leavitt & Associates Engineers, Located at 4600 W. Daphne St., 4546 W. Daphne St., and Parcel 50427325702, Near the Northeast Corner of N. Black Cat Rd. and W. McMillan Rd. A. Request: Annexation and Zoning of 10 acres of land with a request for the R-8 zoning district. B. Request: A Rezone of 6.84 acres of land from the R-4 zoning district to the R-8 zoning district. C. Request: A Preliminary Plat consisting of 65 single-family detached building lots and 7 common lots on 16.63 acres of land. D. Request: Development Agreement Modification (H-2021-0091) to terminate the existing Development Agreement (Bellhaven Subdivision, AZ-07-011 & PP-07-016, Inst. #108057324) to incorporate the subject parcel (S0427325702) into a new Development Agreement consistent with the proposed Preliminary Plat and Annexation for Pera Place Subdivision (H-2021-0056). Page 299 Item#2. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: December 14, 2021 Topic: Public Hearing for Pera Place Subdivision (H-2021-0056/H-2021-0091) by Leavitt &Associates Engineers, Located at 4600 W. Daphne St., 4546 W. Daphne St., and Parcel SO427325702, Near the Northeast Corner of N. Black Cat Rd. and W. McMillan Rd. A. Request: Annexation and Zoning of 10 acres of land with a request for the R-8 zoning district. B. Request: A Rezone of 6.84 acres of land from the R-4 zoning district to the R-8 zoning district. C. Request: A Preliminary Plat consisting of 65 single-family detached building lots and 7 common lots on 16.63 acres of land. D. Request: Development Agreement Modification (H-2021-0091) to terminate the existing Development Agreement (Bellhaven Subdivision,AZ-07-011 & PP-07-016, Inst. #108057324) to incorporate the subject parcel (SO427325702) into a new Development Agreement consistent with the proposed Preliminary Plat and Annexation for Pera Place Subdivision (H- 2021-0056). Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 300 PUBLIC HEARING SIGN IN SHEET DATE : December 14, 2021 ITEM # ON AGENDA : 2 PROJECT NAME : Pera Place Subdivision ( W2021 - 0056/ W2021 - 0091 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 1 5 2�34 N . � L/�te� Ur7/ Poo 2 On 57 3v N . zlack e4t[e, Pawmapq e(idlctn @3IAO � 0 3 4 t ti c. n � � ►. ,, � S� �av� � 1�e �c, �ew.�►: . ar � � � ' `emu '� tf 8 ��zs � l Ll-to� 9 10 11 12 13 14 Item#2. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 12/14/2021 Legend y� DATE: Project Location TO: Mayor&City Council MRS ❑ � FROM: Joe Dodson,Associate Planner 208-884-5533 [HEIR SUBJECT:SUBJECT: H-2021-0056&H-2021-0091 (MDA) ®� Pera Place Subdivision LOCATION: The site is located at 4600 W. Daphne ,� Street,4546 W. Daphne Street,and 01. Parcel SO427325702,near the northeast ® - -- ----- corner of N. Black Cat Road and W. ; McMillan Road, in the NW 1/4&the SW '/4 of the SW 1/4 of Section 27, Township 4N.,Range 1W. - G I. PROJECT DESCRIPTION • Annexation and Zoning of 10 acres of land with a request for the R-8 zoning district; • Rezone of 6-.84 6.99 acres of land from the R-4 zoning district to the R-8 zoning district, • Preliminary Plat consisting of 65 single-family detached building lots and 8 common lots on 16.63 acres of land, and; • Development Agreement Modification to terminate the existing DA(Bellhaven Subdivision,AZ- 07-011 &PP-07-016, Inst. #108057324)to incorporate the subject parcel(SO427325702)into a new DA consistent with the proposed Preliminary Plat and Annexation for Pera Place Subdivision(H-2021-0056). II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ— 10 acres; Plat— 16.63 acres Future Land Use Designation Medium Density Residential (3-8 du/ac) Existing Land Uses Vacant land and County Residential Proposed Land Uses Detached Single-family Residential Lots(#and type; 73 total lots—65 residential building lots; 8 common bldg./common) lots Phasing Plan(#ofphases) No phasing plan submitted Number of Residential Units 65 single-family units Density Gross—3.91 du/ac Page 1 Page 319 Item#2. Description Details Page Open Space (acres,total 3.14 acres total open space—2.84 acres of qualified [%]/buffer/ ualified) open space(approximately 17% Amenity Additional qualified open space above the requirement(at least 20,000 square feet); Pergola with a picnic table; and a Tot-lot. Neighborhood meeting date;# June 30,2021 — 12 attendees; September 13,2021 — of attendees: No attendees History(previous approvals) AZ-07-011 &PP-07-016 (for the R-4 parcel); DA Inst. #108057324; Black Cat Estates Subdivision No. 2 (County subdivision that includes the remaining 10 acres and two parcels). B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Yes—Applicant received ACHD Commission approval on October 6,2021. Commission Action es/no Access Access is proposed via extension of existing and planned stub streets;two (Arterial/Collectors/State new access points to Daphne Street are also proposed. Hwy/Local)(Existing and Proposed stub street extensions include one from the north through Vicenza Proposed) Commons (N. Sepino Avenue) and one from the west through Brody Square that is currently under construction. Stub All existing and planned stub streets are shown as being extended into the Street/Interconnectivity/Cross project site,per the submitted plat. The Applicant is proposing internal local Access streets for all interconnectivity;no collector or arterial streets traverse the project area. Existing Road Network No Existing Arterial Sidewalks/ No; submitted plat shows new arterial sidewalk and buffer along short Buffers segment abutting N. Black Cat Road. Proposed Road The Applicant is required to improve W. Daphne Street as of a 33-foot Improvements wide street section with curb, gutter, and 5-foot wide attached sidewalk with this application. CIP/Five Year Work Plan for nearby roads: Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP): • The intersection of McMillan Road and Black Cat Road is scheduled in the IFYWP for the installation of an interim traffic signal in 2022. • Black Cat Road is listed in the CIP to be widened to 5-lanes from Ustick Road to McMillan Road between 2031 and 2035. • Black Cat Road is listed in the CIP to be widened to 5-lanes from McMillan Road to Chinden Boulevard between 2036 and 2040. • McMillan Road is listed in the CIP to be widened to 5-lanes from Black Cat Road to Ten Mile Road between 2031 and 2035. • The intersection of McMillan Road and Black Cat Road is listed in the CIP to be reconstructed as a multi-lane roundabout with 4-lanes on the north leg, 4-lanes on the south,2-lanes east, and 2-lanes on the west leg,and between 2031 and 2035. Distance to nearest City Park 1.5 miles to Keith Bird Legacy Park(7.5 acres) (+size) Page 2 Page 320 Item#2. Description Details Page Fire Service • Distance to Fire 2.5 miles from Fire Station#5 (project would be serviced by future Fire Station Station#8, scheduled for completion in Summer 2023). • Fire Response Time The project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#5 reliability is 84%(above the goal of 80%) • Risk Identification Risk Factor 2—Residential with hazards(proposed pond/drainage facility) • Accessibility Proposed project meets all required road widths, and turnaround dimensions. Police Service See link in Section VIII.D Wastewater • Distance to Sewer N/A Services • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/Concerns • Provide to-and-through to 4448,4500,and 4520 W.Daphne St. Manholes need to be extended to property line at the east and into Daphne St at the south. • Ensure no sewer services pass through infiltration trenches. • Ensure that angles of pipe into/out of manhole is a minimum of 90 degrees in the direction of flow. • Parcel SO427325702 is part of the Black Cat Main Reimbursement agreement. Water • Distance to Services 0' • Project Consistent Yes with Water Master Plan • Impacts/Concerns • Any well that will no longer be used must be abandoned according to IDWR requirements. • Assuming existing blow-offs at the west boundary. Call out blow off removal. • Blow offs at the east side to be called out as per Standard Drawing W13. Page 3 Page 321 1 1 1 Ibis 1111��l;1. 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NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 9/17/2021 11/28/2021 Radius notification mailed to properties within 500 feet 9/15/2021 12/2/2021 Site Posting 10/15/2021 12/1/2021 Nextdoor posting 9/16/2021 12/6/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(ht(ps://www.meridiancity.org/compplan) Medium-Density Residential(MDR)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The subject project is approximately sixteen and a half acres (16.5) and includes three (3) existing parcels, one of which was annexed into the City with the R-4 zoning district in 2007 and has an existing Development Agreement(DA). The area to the north of this project is developed R-4 zoning with detached single-family homes and an R-8 subdivision is approved to the west of this project, Brody Square. Consistent with the future land use designation of MDR (3-8 du/ac), the Applicant is proposing Pera Place Subdivision with 65 building lots equating to a gross density of 3.91 units per acre. Therefore, the Applicant is proposing a residential project at the low end of the allowable density. Furthermore, the proposed use of detached single-family residential is an allowed and anticipated use in the requested R-8 zoning district and MDR future land use designation. REZONE:As noted, a portion of this project is already annexed and zoned R-4. This area of the project created a county enclave that is still owned by the same property owner and is referred to as the Poorman outparcel. This enclave is currently not annexed into the City and was not required to annex when the R-4 property was annexed and approved for a preliminary plat in 2007. The previously approved plat is no longer valid as it is long expired but the existing DA is tied to previous layout and the existing R-4 zoning. The Applicant is requesting to rezone this area to the R-8 zoning district to match the requested zoning of the 10 acres to the south and the approved projects to the south/southwest. Because there is an existing DA tied to a plat that is no longer valid and the Applicant is requesting to rezone this area,the Applicant should submit a Development Agreement Modification application to replace the existing DA and incorporate its boundary with the property included with the concurrent annexation request. This will ensure that the subdivision will develop as proposed. The MDA application was submitted prior to the Council hearing. Staffs recommended DA provisions are already in the conditions section of this report,Section VIII, and supports the MDA request to ensure a more connected road network and cohesive proiect is proposed.If the Poorman outparcel is not included in the proiect boundary, the proiect area within the annexation boundary(approximately 10 acres) could likely stand on its own merits.However, the proiect was not analyzed in this manner so Staff cannot muarantee 100 percent compliance with UDC standards for this area alone. For example, the required amount of qualified open space. Should Council decide the R-4 parcel Page 5 Page 323 Item#2. should not be a part of this protect,Staff recommends a continuance to allow Staff time to analyze iust the 10 acres associated with the annexation request. In general, Staff finds rezoning this area from R-4 to R-8 a logical expansion of existing zoning nearer the corner of Black Cat and McMillan Roads to the southwest of the subject site. Brody Square Subdivision is an approved R-8 subdivision directly to the west/southwest of this area and the Applicant has aimed to match the lot lines along the abutting project boundary. This same density is proposed throughout the proposed project;Staff finds the proposal to annex 10 acres and rezone 6.5 acres to the R-8 zoning district offers an appropriate transitional density to the developed R-4 area to the north. Staff finds the proposed project to be generally consistent with the Comprehensive Plan. Specific Comprehensive Plan policies are discussed and analyzed below. The City may require a development agreement(DA)in conjunction with an annexation and rezone pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a new DA that encompasses the land proposed to be rezoned and annexed with the provisions included in Section VIII.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the rezone and annexation approval.A final plat will not be accepted until the new DA is executed and the RZ and AZ ordinances are approved by City Council. B. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G). The proposed project offers a density and site design similar to project approved to the west. Despite proposing a similar density and lot size as that to the west, this Applicant is proposing a large linear open space lot and varying lot sizes throughout the development that should offer different home design.In addition, the overall combined density ofprojects in the area near the corner of Black Cat and McMillan offer a transition between the arterial roadways and the existing R-4 zoning to the north.It is anticipated and planned within this corridor along McMillan that detached single-family homes will be proposed. Furthermore,proposing a density near the lowest allowed provides the City a relief to the transportation network and area schools when compared to a project at twice the density, which would be allowed within the same future land use designation. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks"(3.02.01 G).All public utilities are available for this project site due to the existing stubs abutting the site to the west and north. This project also lies within the Fire Department response time goal and Fire has approved the accesses to and through the site. West Ada School District anticipates an additional 45 school aged children from this development, according to the ratio of 0.7 kids per household. With the anticipated additional school aged children in the vicinity of project area, Staff anticipates adequate capacity for the designated middle and high school but overcrowding at Pleasant View Elementary, the elementary school approximately '/mile to the north through the adjacent subdivision. Unfortunately, the City does not control the construction of new schools but Staff is aware of the potential for overcrowding at the neighborhood elementary school. Because of this, West Ada anticipates some students utilizing the options of charter schools and specialty schools. Staff finds that the existing and planned development of the immediate area create appropriate conditions for levels of service to and for this proposed project. Page 6 Page 324 Item#2. "Preserve,protect,and provide open space for recreation, conservation, and aesthetics" (4.05.01F). The Applicant is proposing this project with two large open space lots totaling 2.75 acres. These two lots are located at different areas of the plat with one being 97 foot wide linear open space in the south portion of the site and the other located along Black Cat and is proposed with a vast number of existing trees that are remaining. Both areas have ample recreation opportunity and pedestrian connections through them. Preserving the existing trees and creating an area of open space that links through the subdivision in the south present adequate usable open space, appropriate conservation, and ample aesthetics for the project. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D).Proposed project is extending the attached sidewalks from the south to allow easy access to the future pedestrian facilities and amenities within Prevail Subdivision. "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction."(2.02.02F).As discussed, the Applicant is proposing lot sizes and lot lines similar to that of the approved Brody Square subdivision directly abutting the site to the west. In addition, R-8 zoning is an appropriate zoning to transition to the R-4 zoning to the north. The Applicant could revise the lot sizes along the north boundary to meet the R-4 minimum lot size of 8,000 square feet but due to the proposed road layout, aligning lot lines may still be difficult. Furthermore, in this area of the site, the Applicant is proposing six lots adjacent to five existing lots in Vicenza Commons offering similar density along this shared boundary. Therefore, Staff finds the proposed density and lot placement should provide a cohesive project with Vicenza Commons to the north and provide adequate transitional density overall. "Require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is required to and is proposing to extend all abutting stub streets—N. Sepino Avenue from the north, a local street from the west in Brody Square Subdivision, and two new connections to Daphne Street, the existing local street along the south project boundary. The Applicant is also proposing a new stub street to the east boundary for future connectivity and development opportunity for those parcels to the east. Further discussion and analysis on this are below in Section G,Access. Stafffinds the Applicants proposed street connections comply with this policy. "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties."(4.08.02A).As discussed, a portion of this project surrounds a county enclave that utilizes private septic and well systems. Staff has had multiple discussions with that landowner and they do not have an interest in annexing into the City and connecting to City services at this time. The submitted plans show their septic drain field on a small portion of the already annexed R-4 parcel(discussed in more detail below) perpetuating prolonged use of the private systems. Staff finds these conditions do not comply with this policy. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: There are two existing county residential single-family homes with accessory structures on the two 5-acre sites abutting Daphne Street. Both homes are proposed to be removed upon development of this project. Within the existing R-4 parcel,the Poorman outparcel has their septic tank drain field on a small area just north of their property line near Black Cat Road.According to the Page 7 Page 325 Item#2. submitted plat,the Applicant has proposed a non-buildable lot over this area. Staff does not support the inclusion of a non-buildable lot for this shared use and instead recommends the developer and the Poorman's enter into a separate agreement that defines how this area is to be used and maintained.This recommendation would remove the non-buildable lot and incorporate this area into the larger common lot as previously proposed by the Applicant. This agreement should be included with a future final plat application and include a termination clause when the Poorman outparcel redevelops or connects to City services. D. Proposed Use Analysis: The proposed use is detached single-family residential with an average lot size of 6,705 square feet and a minimum lot size of 5,297 square feet. This use is a permitted use in the requested R-8 zoning district per UDC Table 11-2A-2 and all lots meet the minimum lot size requirement of 4,000 square feet. The Applicant has not noted if this is a phased project,however Staff anticipates it to develop as one phase. The proposed use, lot sizes, and lot alignment should provide for a development that is cohesive with the adjacent development to the north and the planned development to the west/southwest. E. Dimensional Standards(UDC 11-2): The residential lots appear to meet all UDC dimensional standards per the submitted plat. In addition,all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). The proposed preliminary plat and submitted plans appear to meet all UDC requirements except for the length of the proposed east-west cul-de-sac shown as W. Philomena Court in the north portion of the site. This cul-de-sac measures approximately 550 feet in length, 50 feet beyond the allowed length by UDC 11-6C-3. Therefore, the Applicant requires a Council Waiver to exceed the 500 foot limit for a dead-end street. Note: The original preliminary plat met this requirement and included an access easement to the Poorman outparcel.At Staff's recommendation,the Applicant extended Philomena Court further west so that right-of-way would touch the Poorman outparcel instead of an easement. Staff recommended this because easements are more difficult to track and maintain than having abutting right-of-way. With the current layout, the City will have more means of requiring the Poorman outparcel take access from Philomena Court instead of Black Cat should that properly ever redevelop. Therefore,Staff recommends Council approve the waiver for the dead-end street to exceed 500 feet. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations for the proposed detached single-family homes.Note that detached single-family homes do not require Design Review approval therefore Staff does not review these for compliance with any standards. However,the submitted elevations depict single and two-story homes with two-car garages. The elevations depict field materials of lap siding and faux shingles with varying roof profiles offering an overall array of potential homes. Because these homes do not abut an arterial or collector roadway, staff is not requiring any additional design review with the building permit submittal. G. Access(UDC 11-3A-3, 11-3H-4): Access is proposed via multiple local street connections and no arterial or collector street connections. One access is via extension of N. Sepino Avenue, a local street stubbed to the northern boundary from the Vicenza Commons Subdivision. The Applicant is also proposing two new north-south local street connections to W. Daphne Street,an existing county local street along the southern boundary. Daphne Street is the access point for the existing county residences Page 8 Page 326 Item#2. and is proposed to be improved with half-plus-twelve feet of pavement, curb, gutter, and 5-foot attached sidewalk,per the ACHD staff report(see section VIII.I). The submitted plat shows these north-south local streets intersecting a new east-west local street that would be an extension of Avilla Drive from Brody Square to the west(Brody square is currently under construction but no roads have been constructed at this time). The proposed N. Sepino extension intersects Avilla Drive and is the access point for the noted Philomena Court. In addition,the Applicant is proposing a common drive off of N. Sepino that serves three (3)building lots; the two other lots adjacent to the common drive are proposed to take access from N. Sepino instead of the common drive. All local streets are proposed as 33-foot wide street sections with 5-foot attached sidewalk within 47 feet of right-of-way consistent with ACHD policy. The Applicant is also proposing to extend Avilla Drive to the east boundary as a stub street for future road connectivity to adjacent properties. The improvement of Daphne Street will also allow for future connectivity to the east with the assumption that redevelopment of the parcel(s)to the south will be required to complete the south half of Daphne and continue the pedestrian connectivity. Staff supports the overall road layout and stub street locations as proposed on the revised preliminary plat. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table H- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. In addition,the proposed 33-foot wide street section accommodates on-street parking where no driveways exist. Furthermore,no on-street parking is allowed within any part of the cul-de-sac at the end of W. Philomena Court unless the Applicant revises it to be constructed with a 57-foot radius. Because each lot is at least 50 feet wide and there are areas where no driveways exist on the local streets, Staff is not concerned with the amount ofparking in this subdivision. I. Sidewalks(UDC 11-3A-17): 5-foot wide attached sidewalks are proposed along all proposed streets except for that sidewalk along N. Black Cat—the Applicant is proposing to construct 5-foot wide detached sidewalk within the required street buffer consistent with code requirements. In addition,the Applicant is proposing 5-foot wide micro-paths through each large open space lot for added pedestrian connectivity. The proposed sidewalks meet UDC 11-3A-17 and ACHD standards. As proposed, the project and existing conditions of the Poorman outparcel not being annexed into the City would create a sidewalk gap along the east side of Black Cat. This gap would be approximately 190 feet in length and equates to the Poorman out parcel's frontage along Black Cat. This sidewalk gap is why the project required ACHD Commission approval instead of the standard staff-level review and approval. The ACHD Commission approved the road layout and the overall project without this additional sidewalk connection but instructed the Applicant try to obtain the additional right-of-way and sidewalk along the outparcel frontage. Because the Poorman outparcel was allowed to remain unannexed in 2007 from the parcel that is part of this application despite common ownership,Staff does not find it feasible to include a condition of approval to require it be annexed into the City at this time or to require the arterial street buffer and detached sidewalk along the Poorman outparcel frontage. However, consistent with other approvals in the area,Staff recommends an interim sidewalk is constructed along the outparcel frontage for pedestrian safety and to eliminate this sidewalk Page 9 Page 327 Item#2. gap until frontage improvements are required at such time the Poorman outparcel is redeveloped. J. Landscaping(UDC 11-3B): The required landscaping regulated by code within the proposed development are the following areas: the common open space areas and the required landscape buffer to N. Black Cat Road. The submitted landscape plans show landscaping in these areas as proposed. The Applicant is proposing two end-cap common lots on the west side off. Sepino Avenue that are not wide enough to count as qualified open space but are still required to comply with UDC 11-3B-7, buffers along streets. The submitted landscape plans show compliance with code requirements for the number of trees and other vegetative ground cover. In addition, common open space is required to be landscaped with one(1) tree for every 8,000 square feet of open space. The large open space area in the south area of the site is shown as 46,319 square feet on the preliminary plat requiring at least six (6)qualifying trees. The submitted landscape plans show a number of trees exceeding this UDC requirement. The large open space lot in the northwest corner of the site adjacent to Black Cat is over one-and-a-half acres in size and has an unknown number of existing and mature trees. In addition to these existing trees, the Applicant is proposing at least eight(8)additional qualifying shade trees. Overall, Staff finds the submitted landscape plans show landscaping in excess of code requirements. The landscape buffer along N. Black Cat Road is required to be 25'wide and vegetated in accord with UDC 11-3B-7. The submitted landscape plans show compliance with UDC requirements for the number of trees, tree spacing/grouping, and additional vegetative ground cover with two (2) new trees and the existing conditions of multiple existing and mature trees in the buffer area. The landscape plans and plat also show this buffer to be within a 30 foot common lot exceeding the 25 foot requirement. As noted above, the Applicant is proposing a micro pathway from the cul-de-sac to the detached sidewalk along Black Cat through the existing tree area. Because this area is densely vegetated and has a relatively large gap between any roads(approximately 400 feet of micro- path),Staff is concerned with safety while traversing this path.Staff is unaware if these trees are pruned to accommodate better visibility or the level of visibility between the proposed cul- de-sac and Black Cat. Therefore,Staff is including a DA provision to install and maintain lights along this micro path to help with pedestrian safety and meet CPTED policies in this area. The Applicant is required to dedicate additional right-of-way for Black Cat total 50 feet from centerline. This additional dedication is for future widening of Black Cat but in the meantime, UDC 11-3B-7C.5 requires a gravel shoulder of no more than 10 feet with the remaining area to be vegetated with lawn or other vegetative ground cover;gravel is not a sufficient ground cover material.According to the submitted landscape plans, the Applicant is not showing compliance with this code section. So, Staff is recommending a condition of approval to revise the landscape plans to meet this requirement prior to Final Plat submittal. K. Qualified Open Space and Amenities(UDC 11-3G): The proposed preliminary plat area is approximately 16.6 acres in size in size requiring at least one(1) amenity and 1.66 acres(approximately 72,300 square feet) of qualified open space per UDC 11-3G-3. The Applicant is proposing a pergola shade structure with a picnic bench,a tot- lot, and at least 20,000 square feet of qualified open space to meet the amenity requirements; Staff finds the proposed amenities exceed code requirements. Page 10 Page 328 Item#2. According to Staff calculations,the Applicant is proposing approximately 2.84 acres of qualified open space(approximately 17%)to include half of the Black Cat buffer,and the two large open space lots within the project. As discussed throughout the report, Staff finds the proposed open space to be thoughtfully designed and placed for appropriate recreation and use. Note: the large linear open space lot in the south end of the site contains three(3)separate pond facilities that are needed to provide pressurized irrigation for the project. According to the submitted landscape plans, these facilities are shown as small open water ponds with landscaping and rock around each one creating aesthetic open space amenities. Staff finds these small ponds add to the overall beautification and recreation of the open space area so long as they are maintained in accord with UDC standards to include recirculating water and are maintained such that they do not become mosquito breeding grounds. L. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan and appears to meet UDC standards as proposed including open vision fencing adjacent to common open space areas. VI. DECISION A. Staff: Staff recommends approval of the requested annexation,rezone,preliminary plat, and DA Modification application with the requirement of a new Development Agreement per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on November 4, 2021. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning,Rezone, and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Dan Lardie,Applicant Representative; Tony Tseng,Applicant;Mr. &Mrs. Poorman, sellers of the R-4 parcel. b. In opposition:None C. Commenting: Dan Lardie; Paul Poorman; Gayle Poorman; Joel Tague,neighbor; d. Written testimony: Don Applegarth,neighbor. e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Bill Parsons,Planning Supervisor. 2. Ke. ids)of public testimony a. Location of proposed micro-path in open space lot in northwest corner of the site and a desire to move it to further from the existing homes; b. Transition in lot sizes/lot lines between proposed R-4 lots and existing R-4 lots to the north; C. Overall desire for applications to be approved as proposed because of Applicant's willingness to work with sellers. d. City's place in creating the Poorman outparcel starting in 2007 and onward by not requiring the parcel be annexed originally. 3. Key issue(s)of discussion by Commission: a. Confirmation of use for proposed irrigation ponds in central open space; b. Configuration of remaining parcels to the south and east—is proposal adequate transition to the larger 5-acre parcels. C. Size and configuration of lots on proposed common drive; Page 11 Page 329 Item#2. d. Issues of allowin existing xisting Poorman outparcel to remain and not become part of plat/annexation area—what are the City's options with this parcel; 4. Commission change(s)to Staff recommendation: a. Move the micro-path in the largeopen space lot along Black Cat to be further away from the fence along the north boundary to a more centralized location in the open space lot; b. Revise the plat to show the lot lines along the north boundary(Lots 2-7,Block 1,)to align with the existing lot lines to the north in Vicenza Commons Subdivision. 5. Outstanding issues for City Council: a. None C. City Council: To be heard at future date. Page 12 Page 330 Item#2. VII. EXHIBITS A. Annexation and Rezone Legal Descriptions and Exhibit Maps IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Boundary Description for Pera Place-City of Meridian Annexation August 5,2021 A parcel of land situated in the southwest quarter of Section 27,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho,including Lots 2 and 3,Block 2 of Black Cat Estates Subdivision No.2,(instrument number 870382, records of Ada County,Idaho);and being more particularly described as follows; Commencing at the southwest comer of Section 27,Township 4 North,Range I West,Boise Meridian,which bears S00°31'09"W,2637.37 feet from the west quarter-section corner of Section 27; Thence N00°31'09"E, 1318.65 feet along the west line of Section 27 to the south sixteenth-section corner of Section 27; Thence S89°17'46"E,660.80 feet along the north line of the southwest quarter of the southwest quarter of Section 27(City of Meridian annexation instrument number 2020-138111,records of Ada County,Idaho)and the south line of the north half of the southwest quarter of Section 27(City of Meridian annexation instrument number 108057325,records of Ada County,Idaho)to the POINT OF BEGINNING: Thence continuing S89°17'46"E,728.47 feet along the south line of the north half of the southwest quarter of Section 27,and the current boundary of the City of Meridian(City of Meridian annexation instrument number 108057325,records of Ada County,Idaho),to the corner of Vicenza Commons Subdivision(instrument number 2018-085335,records of Ada County,Idaho)on the north boundary of Lot 4,Block 2 of Black Cat Estates Subdivision No.2(Record of Survey instrument number 112020950,records of Ada County,Idaho); Thence N89°25'46"W,67.40 feet along the north boundary of Lot 4 to the northeast corner of Lot 3,Block 2 of Black Cat Estates Subdivision No.2; Thence S00°32'04"W,659.59 feet along the boundary of Lots 3&4 and the southerly extension thereof to the center line of W.Daphne St.; Thence N89°16'00"W,660.89 feet along the center line of W.Daphne St. to the southerly extension of the boundary of Lots 1 &2,Block 2 of Black Cat Estates Subdivision No.2,and the current boundary of the City o Eq o Page 1 of 2 4L '0 a� ov l Page 13 Page 331 Item#2. • IDAHO 9955 W Erneratd St SURVEY Boise, ID 83704 15G GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Meridian(City of Meridian annexation instrument number 2020-13811, records of Ada County,Idaho); Thence N00°31'08"E,659.41 feet along the boundary of Lots 1 &2,the southerly extension thereof,and the current boundary of the City of Meridian to the POINT OF BEGINNING. The above-described parcel contains 10.01 acres,more or less. D Page 2 of 2 OF tV� Page 14 Page 332 Item#2. 1/4 N S.28 S.27 SCALE, 1,.=120' 0 30 60 120 240 N I POINT OF BEGINNING UNPLATTED NW COR. LOT 2 S1/16 660.80' S89°17'46"E 728.47' S8917'46"E - ------- Ll I , � I q 1 I , I , I d ±435,970 SO. FT. ° rnl ±10.01 AC Ln Q uJ w 10 in C0 N cO ' 4600 W. DAPHNE ST. 4546 W. DAPHNE ST. � Li co Y U' o U m 00 Pi O O I o O N m I z z p r BLOCK 2 I CD BLACK CAT ESTATES J cn SUBDIVISION NO. 2 + of1 I I � I I I I _ _W. _DAPHNE_ST. N89°16'DO"W 660.89'--- n - N Np� G S.28 S.27 LINE TABLE �c S.33 S.34 LINE[BEARING LENGTH 4 POINT OF COMMENCEMENT SW COR. SEC 27 L1 N89'2546"W 67.40 co Suave 2'-252 cw =x-3-ANNE%A TION.dw 8 5 2021 4',32:43 Pk JOB NO. IDAHO EXHIBIT DRAWING FOR 21-252 JSG SURVEY BOISE,DAHOALosT. PERA PLACE — CITY OF MERIDIAN ANNEXATION �HEOF°1 BO15E,IOAHO ILD S (208)8464570 GROUP, LLC SITUATED IN THE SOUTHWEST QUARTER OF SECTION 27. T.41M., R.1W.4 B.M., DWG. DATE ADA COUNTY,IDAHO 8/5/2021 Page 15 Page 333 Item#2. s69"17'46"e 674 728,47 78 25'4Ww 3 �m o� � 0 660.89 n89° '00"w Pera Place - Meridian Annexation Closure Worksheet 8/5/2021 Scale: 1 inch= 100 feet File: Tract 1:10.0085 Acres,Closure:n00.0000e 0.00 N.(11972464),Perimeter=2776 ft. 01 s89.1746e 728.47 02 n89.2546w 67.4 03 s00.3204w 659.59 04 n89.1600w 660.89 05 n00.3108e 659.41 Page 16 Page 334 Item#2. IDAHO 9955 W Emerald 5t SURVEY Boise, IQ 83704 GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Boundary Description for Pera Place-City of Meridian Rezone R4 to R8 Project No.21-252 December 6,2021 A parcel of land situated in the north half of the southwest quarter of Section 27, Township 4 North,Range 1 West,Boise Meridian,City of Meridian,Ada County, Idaho,and being more particularly described as follows: Commencing at the southwest corner of Section 27,Township 4 North,Range I West,Boise Meridian,which bears S00°31'09"W,2637.37 feet from the west quarter-section corner of Section 27; Thence N00°31'09"E, 1505.03 feet along the west line of Section 27 to the southwest corner of Parcel B(Record of Survey 7768,records of Ada County, Idaho),the POINT OF BEGINNING: Thence continuing N00°31'09"E,255.13 feet along the west line of Section 27 and Parcel B to the corner with Vicenza Subdivision No.2 (Book 110 of Plats at Pages 15670 thru 15673,records of Ada County, Idaho); Thence S89°38'12"E,291.82 feet along the boundary of Parcel B,Vicenza Subdivision No.2,and Vicenza Subdivision No.4(Book 117 of Plats at Pages 17790 thru 17793,records of Ada County,Idaho); Thence S 19°35'11"E, 111.85 feet along the boundary of Parcel B and Vicenza Subdivision No.4 to the corner with Vicenza Commons Subdivision No.2(Book 117 of Plats at Pages 17794 thru 17797,records of Ada County,Idaho); Thence S34°24'46"E,79.39 feet along the boundary of Parcel B and Vicenza Commons Subdivision No.2; Thence S50°46'23"E,89.27 feet along the boundary of Parcel B and Vicenza Commons Subdivision No.2; Thence S88°11'48"E,896.60 feet along the boundary of Parcel B and Vicenza Commons Subdivision No.2 to the corner with Vicenza Commons Subdivision(Book 114 of Plats at Pages 17014 thru 17016 records of Ada County,Idaho); Page 1 of 2 •�rf OF F. f 1 Page 17 Page 335 Item#2. IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208)846-8570 Fax: (208)884-5399 Thence S 12°47'30"E,206.28 feet along the boundary of Parcel B and Vicenza Commons Subdivision to the south line of the north half of the southwest quarter of Section 27; Thence N89°17'46"W,728.47 feet along the south line of the north half of the southwest quarter and the boundary of Parcel B to the corner with the 5120 N.Black Cat Rd.Parcel(Record of Survey 12801,records of Ada County,Idaho); Thence N89°17'41"W,319.20 feet along the boundary of Parcel B and the 5120 N.Black Cat Rd.Parcel to the corner with Parcel A(Record of Survey 7768,records of Ada County,Idaho); Thence N00°26'34"E, 155.40 feet along the boundary of Parcel B and Parcel A; Thence N44°20'33"W,42.57 feet along the boundary of Parcel B and Parcel A; Thence N89°07'48"W,311.37 feet along the boundary of Parcel B and Parcel A to the POINT OF BEGINNING. The above-described parcel contains 6.99 acres,more or less. s, g Lr`,`a� Page Page 18 Page 336 Gm#2 / ! mn±'% 237 ,moo} 2S z @/22� / \ { \ - \\ - \AN 2. r} } \ \� } Ln 0 < = \ z 0 0 - c- m 0 % co Q m t m ' \ \ E -0. `2 n \ { � n§ -_ - �� co \ (n - Zk e \\ mo (} ƒ $j ( - R \ - } � D . &+ 2/ 2 0 [7 R § ° m A Q: \ sz _ r® . (e »� j \\ �} /\ Page 19 �7a7 EE B. Preliminary Plat(dated: 9/17/2021) PERA PLACE SUBDIVISIONz rc PRELIMINARY PLAT ° ' tt' $ g; `,`. #sp. N W T.Cq R.1%SEC.27 Z MERIDIAN,ADA COUNTY,IDAHO _ v aW KLY ® Z Laos._. I J. s , mJ ". 4'� 1-0 Pow J ti �� - RARA I� PBBREVMI & _ { I, L= it x 4, N: Page 20 Page 338 Item#2. 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O CI-') I I V I D3S-3NIlHo1VW Z,•_ F� i���• Page 24 Page 342 Item#2. d „ O LANDSCAPELEGEND aZ a I I TC`LINE-SEEt1'2___ __—.. o� P,fCHLINE SEE Lt 3 5 _J/ —J/ m m? VY � -. , � 3 � — � � � PLANT SCHEDULE f=•nfv �3� J — �M F� j I I I i I J I I i I L f O E i Iv - / —- \' -✓ - --- a -- -- I � c� �.�I� � ,� U I � J I � N I � o ofasaw y' ow i5..aw, i 4 l.' rr• . .r gF I r I i I I LLOUT LEGEND I I` w- W.. W W is SOUTH ,ry C lu BAIIRD °°gym'¢ - LANDSCAPE PLAN-AREA THREE 1° - - m ss loons L1.3 Page 25 Page 343 D. Open Space Exhibit 9w FHl- AA 4w 6" 17-11 NET Page 26 Item#2. E. Conceptual Building Elevations � �y��t- �. _ ass � � � • �-�� �� -. � � ! . TINT IF Jag loll ja - r Page 27 Page 345 Item#2. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation and rezone of this property. Prior to approval of the annexation and rezone ordinances,a new DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation and rezone ordinance adoption, and the developer. Prior-to the City Couneil heaFing being seheduled,the Applieant shall submit for-a Development Agr-eefflent Alodifleation to e the existing DA for the D A par-eel and i .-ate the entiFe F ned and— annexed property under a new A fee of$502.00 shall be paid at the time of application submittal. 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 and rezone. The DA shall, at minimum,incorporate the following provisions: a. Future development of this site shall be consistent with the approved plat, landscape plan, and conceptual building elevations included in Section VII and the provisions contained herein. b. The Applicant shall install and maintain lights along the micro-path proposed within the large open space lot in the northwest corner of the site(Lot 8,Block 1)to help with pedestrian safety and use of this open space area. c. With final plat submittal,the Applicant shall provide a copy of the executed agreement with the Poorman outparcel(Parcel#SO427325830) outlining the use,maintenance,and termination of the septic drain field that is part of the large open space lot in the northwest corner of the project, shown as Lot 8,Block 1. d. The Applicant shall construct an interim 5-foot wide sidewalk along the Poorman outparcel(Parcel#SO427325830)to eliminate the sidewalk gap on the east side of N. Black Cat Road and provide safe pedestrian access along this corridor. Coordinate with the transportation authority on approved construction methods for this interim sidewalk. zoning2. Prior-to the City Cotmoil hearing,the Applieaa4 sha4l pFovide a fevised Rezone legal deser-iption and exhibit fliap for-the existing R 4 par-eel noting the rezone request to the R-9 distF et 3. The revised preliminary plat included in Section VII.B, dated September 17,2021, shall be revised as follows prior to submitting for Final Plat approval: a. Add a plat note stating that direct lot access to N. Black Cat Road is prohibited. b. Remove the non-buildable lot(Lot 10,Block 1) for the Poorman outparcel septic drain field and show it as part of the larger common lot(Lot 8,Block 1). 4. The landscape plan included in Section VII.C, dated October 7,2021, shall be revised as follows prior to submitting for Final Plat approval: a. Any landscaping within the ACHD right-of-way shall be landscaped in accord with UDC 11-3B-7C.5. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. Page 28 Page 346 Item#2. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 7. The Applicant shall comply with all ACHD conditions of approval. 8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 9. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 10. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS Site Specific Conditions of Approval 1. The blow off at the west boundary of the subdivision must be removed. 2. The new blow off at the east boundary of the subdivision should be called out using Standard Drawing W 13. 3. City requires developers to provide sewer to and through this project to adjacent properties. In accordance with the to-and-through policy, sewer must be extended to 4448,4500, and 4520 W. Daphne Street. 4. Ensure no sewer service lines pass through infiltration trenches. 5. Ensure that angles of pipe into and out of manholes is a minimum of 90 degrees in the direction of flow. 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 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. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I F map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. Page 29 Page 347 Item#2. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction 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. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping, amenities, etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. Page 30 Page 348 Item#2. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancily.ora/public works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:llweblink.meridiancity.orglWebLinkIDocView.asyx?id=236733&dbid=0&repo=MeridianC hty D. POLICE DEPARTMENT https:llweblink.meridiancity.orglWebLinkIDocView.asyx?id=237247&dbid=0&repo=MeridianC hty E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancity.orglWebLinkIDocView.asyx?id=237895&dbid=0&repo=MeridianC hty F. WEST ADA SCHOOL DISTRICT(WASD) hgps://weblink.meridiancity.org/WebLink/DocView.ay x?id=238205&dbid=0&repo=MeridianC Lty Page 31 Page 349 Item#2. G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancitV.oLv WebLink/DocView.aspx?id=237323&dbid=0&repo=MeridianC Lty H. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE https:llweblink.meridiancity.or lWebLink/DocView.aspx?id=239277&dbid=0&repo=MeridianC Lty I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciiy.oLvlWebLinkIDocView.aspx?id=240450&dbid=0&repo=MeridianC Lty Page 32 Page 350 Item#2. IX. FINDINGS A. Annexation and Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commission finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-8 zoning district and Rezone a portion of the project from R-4 to the R-8 zoning district with the proposed preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Commission finds the proposed zoning map amendment and the request for the development complies with the regulations outlined in the requested R-8 zoning district and is consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Commission finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Commission finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Commission finds the annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) Page 33 Page 351 Item#2. 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VII for more information.) 5. The development will not be detrimental to the public health, safety or general welfare; and, Commission is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis and has offered their support of the proposed development with the proposed road layout in mind. 6. The development preserves significant natural, scenic or historic features. Commission is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 34 Page 352 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll ANNEXATION AND RE -ZONE FOR PROPOSED PERA PLACE SUBDIVISION Applied Media (Developer) Leavitt & Associates Engineers, Inc. (Engineers) ■ I .�? , ZONING AND = VLO ���rr .. - } . , ! -;*-1 LV DENSITY � ' - 4, r • Current Use 5-acre residential - • Current Zoning RUT (Rural - Urban Transition) South 10 r acres • Current Zoning R-4 North 7 poll _ - 111��� . �E � . acres �����111� it■�� �1� • Proposed Zoning R-8 Medium Density Residential * 11� Illi�ll•,. � � • Comprehensive Plan Future Land Use is Medium Density E Residential • Proposed density is 3.85 Proposed net density is 4.74 D U/AC N-e - A stonte [jr • ..�. J A E STOP#N L�sin�`St: ' � 4` • MERIDIAN FUTURE LAND USE MAP This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. Page M�n.2 MEDIUM DENSITY RESIDENTIAL PageI MOn.1 VIBRANT COMMUNITY FUTURE LAND USE MAP DESIGNATION CUT SHEET CHARACTER,DESIGN,AND IDENTITY(EXCERPTS FROM COMPREHENSIVE PLAN) GENERAL CRITERIA IwarMueea•n O Building and Site resign e•ww SAMPLE Varies b t and location From residential areas to retail centers,business parks to The City requires Certificare of Zoning Compliance and Ad- marz•Nins y P sec open space,the centre lty should look and feel Intentional. ministrafive Design Review approval prior to construction of Neighborhoods,neighborhood centers,and commemal devel- any new building(except single-family).This process typically sr[9Cw1Hlse" this desrgnano„ad—fordweflirrg onitsaty—ofenslties oythrec to eghrdwelGng oninpereoc.Density bonuses opments should be bode grounded and unique,incorporating occurs after subdivisionapproval.The Architectural Standards may be considered with the provision of additional public amenities such as a park,school,or land dedicated tar feeturesoftheir surroundings while offering resider",visimrs, Manual(ASM)•and Title 11 of City Code®are the primary public services. and employees distinctive,safe,and inviting environments. tools used In this process.The ASH provides the City with "Pride o Require an new development to create a site design compatible with surrounding uses through buffering, Gatherin laces should be comrenlent and Inte rated,encour- a standards based tool a guide the creation of attractive, roue, screening,transitional densities,and other nest site design rites. gp g lasting,and quality-built errv3ronments that contribute tothe g prat age social activity and engagement through generous and progression of Meridian as a livable community.Thought- 0 promote area heautifcod-and community identity through context sensitive building and site design intentional amenities and activation,and be a cornerstone of (nl design Of commercial and residential developments can principles,appropriate slgnage,and auractive landscaping. community pride and timeless neighborhood value. have a positive or negative effect on community pride,city A Support and protect the identity of existing residential neighborhoodi character,and economic vitality. D Require pedestrian access connectors in all new development to link subdivisions together and to promote laaY[rourN 0 neighborhood ronoe Nity as part of a community pathway system_ The inherent goal of community design Is to prioritize and Entryway Corridors and Gateways 1 7 Require pedestrian access In all new development to link subdivisions meet it and promote nelghberhoad improve livability and quality of life for current and ful Meridian welcomes residents and visitors into the community connectivity. generabpns of Meridian residents.Community design refers through deslgnated entryway corridors and gateways.It Is to both residential and non-residential layout and building the community's lntentto requireadditiunal landscaping and CI Require new,Aevelopmem to establish street connections to existing local roads and collectoes as well as to design,transition,and buffers.Moreover,community design entryway features at these Ioca4ons.This includes elevated - underdeveloped adjacentf-perties. is Inextricably linked to sustainabillty,livability,healthy inttia- building facades,parking lot laymur,and point space design. o avoid the mncentrfi of any one housing type or lot size in any geographical area;provide for diverse fives,as well as other elements of this Plan, Artistic features and public art an also enhance the overall housing types throughout the City al Co character of a gateway. Community design so irnolves preserving and enhancing unique and extraordinarily valuable areas or attributes of the City;community design provides a means to maintain the fl[[M7newM aerre[re[n t w[serrtces unique characteristics of the City and to improve the built environment. Single-family,multi-family,and nonresidential uses �• Subdivision Cesi n fallow different modes and standards.For example, Q Cirr efMeriaian Comprehensive Plan g single-famlly,uses do not typically undergo building ltStps;!lmpdtttangFY,arg(compp3an The foundation of ensuring good Community Design principles design review,where multl-famlly and non-residential WillIs largely accomplished through the City's subdivision review uses do.See the Unified Development Code®for and approval process,This process involves the entitlement of specific application and process information. land for division through a public hearing process.While land ® Mariann U.II ue.dopm�ae cm. ©a Da use is an integral component of the development process,equally If not more Important Is the role of the Subdivision , OL htms,ame.ddianrirv.nrpluoe O Design and Improvement Standards,Common Open Space P . and Amenity Requirements,and other supporting develop merit standards contained in Title 11 of Meridian Gty Code. If you feel odike your area ofthe City could bereft from _M N� &A "a",; neighborhood specific archiiocteffo arid/or landscape 1 1 ■ ! 7 standards,nisrod�preservation efforts,nr arner wdy, ©, [] Subdivision review and approval establishes future road con- Q Meriai,n.anhnecsPnu stanaaraa M.n.al mrttace the Planning Division to discuss your Idea further. htmsumer d'anc'tyom/des an figuradore,access locations,lot layouts,areas and amounts �. of open space,and serves as a prelude to subsequent ad- ministrative design review. ■ reales:See NeReferences&sesoarces section W additional mi when tle[emlminq appioprate inning of a property.the transitionfiomenistiy was;mis pageixludes excerpts fromthe Gty ofMmaan Comprehemrve l=Ian®rnaicdn cites the scarce and ixatidn for adtlitianal Narmaaon dJaoen[inning designations,as wen as future anllnpa[ed land use should he mrWdaetl. a.firble under the Perere—a Pesowces sactbn of the cot sheet. WU ? zm°u yW QW x q�� �z War 7W I � J O I ® i - 6 K I r s axes sr - i.� -- Ffquxdo Quwfm psfx _ �]sqn.(,atts} ui a_. _ — - - wunm aaEx swuE sxwwx.3fi. laou mrt.I,e,]Ix1 IL ` 23 ® OD ,of " � a gs �,sF W a 0 �r O i y sr Cs � r 1 49 �0 m o y Ui m0 IM za �x - - n � �aa IF o U- w=owu, CL ° c a o a. 0 °41 x u �134 U� ® 0 If - ea 8 n O FlJGINEERBMEN TO BE JY IN x OLE OR PANT s'AT,W10.nflli COu5fH1 Di UAM7T U� ATS E:IIEEBS,IIC DEVELOPMENT DATA ANNEXATION: REQUIRED PROPOSED ZONING: R-8 CURRENT ZONING: RUT TOTAL LOTS.......................................71 BUILDABLE LOTS................................64 PERA PLACE TOTAL AREA....................................... 16.61 AC RIGHT OF WAY AREA.........................3. 10 AC RAW MINIMUM LOT SIZE ..........................5,220 SQFT. GROSS LOTS PER ACRE...................3.85/AC NET LOTS PER ACRE........................4.74/AC AVERAGE BUILDABLE LOT AREA.........6,663 SQFT. REQUIRED QUALIFIED OPEN SPACE......72,387 SQFT. (10.00%) QUALIFIED OPEN SPACE SHOWN.......... 137,650 SQFT. ( 19.02%) LOT 8 BLOCK 1 ...........82,551 SQFT. LOT 1 BLOCK 2...........8,780 SQFT. LOT 10 BLOCK 4.........46,319 SQFT. OPEN SPACE Required open space — 10%/ 1 .66 Acres Qualified open Space — 19%/3. 16 Acres i . T� r sR ' e4 • - 11 5-.. j� 11 ti 1 is f , i F�$�r.� y� �'* ^��.4�41 e '�5 ��._ �,�f� Imo•, � y -, ,� � -, 1%ii�•.� ?S,I+,JF J".1' �! k64 .�; 'a• r• ••� f 'p "�.. 'f:�' z _�9 rr'• jL i?n• � 4 . 41 sk Tv OPEN SPACE - PARK y • 1 .9 Acre Park Scene Lighted Path ; �� lr�,s�'! � e f r�� f f" r' e - 'sa9+••+?!��r� ,- .,., d, a,���y Poorman's Donation Wildlife Trees jo j X.- LANDSCAPE LEGEND I+ III 0 o Z3m CHU _SEE Lq�. W-..--...-..-t.._ ____---7 MATCHLINE-SEE 1.3 'o 0: -1------- W Cc 46 48 W.PARHINE ST I I --AUET. <w w Niv w z LU -111 LINE IITnu Eo Lu ist If 0 F---------- z PLANT SCHEDULE F-----------C) I \ i At«y�Nrano an cownaoau rase —0 2— L-------------- \,I I L rNa Mara ---------------- S_ ---------- --- ------------ ---------------- 0 T- LU w--- ------ -- ----- ---- o - :::. ---i�. --- ----------- -- -- ------- �2e Fwa re��° P tlA ' ---- 3: G) L ------- IL I PA1 III}I J�j - < q'�Ilo ------- L------------- -- : , -I'- I --- III, ,;L, pim. ---- ---------- G < IM EL --------j� LU C) 0 t--D.V �G� --- -------O 0 v�.-N, SH-ES SIFIF z -L ---- ------ -------- z '16 1 IY S. swwwEWae 0 Ott J 1—o IV ------------ 0 0. L------------- L---------------- z 7 ---- 0 .. L'LJ 8 a ::4 1--- ----- - L z ----------- LU -IL Im CALLOUT LEGEND C)1v III--ILL ------------- o z (D ------ PIWIGTPfiIE- p S Lo (DOPENR- 21 RR- ID AR------------- L------ w w vv VV w vwv ---- — — — — — — — ------------ 11IRM SOUTH FPFPBECK& BAIRD �,NLANDSCAPE PLAN -AREA THREE �-1 77 NS DOCUMENT IS THIE PUPERTY W I MTT&AS44aAMS ENGINEERS,INC NUR THE MIMI NUD IIKAS M N ARE mU BE U5W IN MM M-T W,WT"ITTE-r NIENT EN.- ASNOTIED L1,3 ,EXHIBIT MAP BELHAVEN .SUBDMSION LEGAL. A .PORTION OF'THE N 1/2.SW 1/1 OF SECTION 27 TOWNSHIP 4 NORTli, RANGE 1' wESS, BOIS2 MERIDIAN AVA CAUNTY, 1DAHO 2000 2007 4 HISTORY a 4Q. tV KY, • F W.. a w5 ffi o x� � tI THE DEVELOPMENT 0 �4�FaRO N a ��IlIICV�, 11�.Rt'7LRP PA11.CY tti . ',E C,,,i PGN rtu[I�J '!EW.67H�Sftll N. 'ot_ 14. .ci'srse ^�` Y�WFJ.Ad�90'&7R97 UVON :Y7 M3B B.r 'wt..[t1i7Y rv12 f v S �� Y� ru.fren]'res.rae�. gl Jar7t6l7eWiev sna�¢r-vrJJ9a�s..raaPJ�wtP myr otl9..1'h'A:s7s w...n*"umKall~vf".vw PAIZCELDESCRIPTIO14 December 15,2006 PRO=; Pak Croekproperties PARCEL ND.: Beilit—SabdiMsloo Boundary Legal A parcel of land being a portion oftheN 54 ofthe SW'%of Section 27,Township 4 North,flange I West,Boise Mwidiazt,City of Meridian;Ada County,Idaho,more particularly dmmlNd as follows: COMMENCING at a found brass cap marking the soutbwest corner ofsaid Section 27; Thence North 00°31'I3"East coincident with the west Sine of the said SW Ys of Section 27,a disurtce of 1545.16 Feet: Thence South 89'06'10"East,25.00 feet to the POINT OF BEGINNING; Thence North 009 P13"East paraDel with the west lino of the said SW'/.of Section 27,a distance of255.39 feet; Thence South B994'39"East,266.73 feet to a found'h"rebarinp cap; Thence South 1942'49"Fast,111.64 feet to a found 64"rcbarino cap; Thence South 34°19'34"Sass,79.59 feat to a Bound'."rebarfno cap; Thence South 50v50'55"Fast,89.16 feel a found W rcbwfno rap; Thence South BB"l1'51"East.896.87 feet Thence South 12°44'38"East,206.31 feet to a found'y"reb-ha.cep as the sour.line of the N%of the SW'1.of AND Section 27; LThence North 89°l7.50"West coincident with the south line of the said N'k ofthe SW1/.o€Section 27,a dufaoce of 1047.96 feet; _ Tbmm North DO'27'47"East,155,35 f et; Thence North 44°19'22"West,42.53 feet; DEVELOPMENT Thence North 99°06'12"West,286.32 fcet to the POINT OF BEGINNING. The parcel above described eonmins 6.94 acres more or less. Together with and subject to cavenaats,smaments and restrictions of record. Basis of bearing for this parcel is North 00°3 P l3"East between the faupd brass cap madmg the southwest comer of said Section 27,and the found 12"rebar(corner record#99113295)marking the"at'A comer of said Section 27,both in T.4 N.,1L 1 W. t�S`0 U���Gd 0 David S Sh2M It. End Description ] - e !yd I 0 s� r2EVl P ROYAL Ty AUG 2 3 2007 nCRiDiAN;,uBLIC .NORKS DEPT, P.YFeleereet ProplOnanvgi5un•eytisgah5e6[sgat OSS/W 1s/15M4 �34' w � , 303MO S.F. _.—._. TOTAL AREAS 71.7e2 Ac. _ �4 ► (/f.]� 633,211 B.F. r N Etl'1t'"J7'W 540,26' 24.112 sr. �., a .dT' e. dT' a, e3T' bn2 `tTTMI '� Tu 1 Y 31 1-32' h� � N by at 'y h� A� o y� ►r � � � h` ,py N 2007 H I STO RY s Wt7'5O'C 495_4e' 0 eo4,00' I jo �• F THE I � � I site s,F. I DEVELOPMENT E a• . I� ID,ala&F. 0 � t ..'nl .1A A,. n E 10,0.71 e.F. e,6D7 7i,/, I gl I I I 31. I 14,ed3 e.r, � 12,a61 9,F. 1 I k �$ 1.W2 k, I 19 �I i SEPINO CONNECTOR _ • Connector for homes to PleasantView Elementary School • Including 28 homes from Berkeley - Homes "The Daphne" t - � i • Including65 homes from Brody Square Y q L ��r • And 100s of homes in the near future b. Required, but not yet constructed sidawa I k: South of the site, AG H D has required; the construction of 1.215-fnet of 5-Foot Voids concrole sidewalk of i jhP neat of Black Ont Road. wilh Brody Square q r d Daphne Square ubdivi•$iort&. c. Sidewalk gap: Between the site, and Brody Square Subdivision, them is a parcel with T 90- feet of frontage on Black Cat Road that has not been developed- When the adjacent ACHD ubd isions nM-rt sidewalk. ire will be a 1 -t t s4ewa* gap. rt. MftM --- W Sidewalk Gap IS.+�.. PLEASLANT VI F.W -W COMLICIM[}r ELEMENTARY SCHOOL - y1 ti.4j AV I _ - _I I� � M� � •yy, R r. L SI Lo �'•_ ��I l�r l l l�;5-II)EWALK Z6APti} wapjud ■ r RUI NCPI `i _• — _ - s L SI w �A 2 — �# a _ IIP.m-w it i D ACHD STAFF rwisl RECOMMENDATION- AL ACHD "Staff recommends that the - i re k D .41 applicant contact the adjacent __J_-I, Sidewalk Gap property owner regarding right- of-way dedication. If that owner AI # is willing to dedicate right-of- s � � way, ACHD will purchase the _ right-of-way and will enter into a 14 Cooperative Development +: Agreement with the applicant to ' construct off-site sidewalk and _ complete a sidewalk gap on ' I Black Cat Road. This would F � provide continuous sidewalk on M Black Cat Road from McMillan F Road to Gondola Drive. -�• t Pleasant View Elementary School is located on Gondola r Drive east of Black Cat Road" i i I _ �JL r O a VTNCeNAiO MM0N5 „r ,I _{.M 1 •• AL' S U 6 Y SJO0 N Zl1a 6r �..• � i----�r.'"__ y--_—�r�--••� r—�--,�----, r ��= r= r I I 1 _ L- J L_cia.:J t 01a.v j L rAn s ' ■� • �� _ � „ "�, a+ss� ' ' way_J L��.i�'��'- �a i ' roy I I gib I __J L___ J � � I I I pang 14 � tip•' I ICY -� r-^-fir---�r--���---�r---� ---� I I I I I . ��'!_(„♦ 11 . r l 'ar'g !I Y3%� I I V 6Sf]Y I I m r I - � --,ate fi I .• ~� ; • _ `���� _ l �. � a� �s � i i! II � ii II I YIJ ��T I';I II I I I I I I I I I I• 1 I°nia ri 1 11°ai s�I uis r I°re0.1a /aaag t�l aws I - Y au au ar I I I � f 1 I a.fa I I O.ij I ■ -�., --F - - 4__J L__J L__J L__J J L____J L�__ 1_J L____J ---- --� r�— r-----� 46- I I Imag 1 I I 0.,b I .4 P+ L_e.n____J L__ L p'a____J L___-n a$_J I 6, °°a i iiL to I y GJ L °eucF--_J I `fir i e w j I °.",lb WJO, •i P r--6 e 1 r i --I I r ' 016 1-----.•__� `___�e�J 'I'. RE: Development Request - Pera Place 0 Paul Poorman <eye-n-skyO6 ctcweb,net Reply ReplyAll Forward H To To ny Tsen g Tu e 9/28/2021 12:36 P M Cc gpoorman54@ctcweb.nek; eye-n-skyO8@ctcweb.net You forwarded this message on-9/23/2021 3:11 PM. Tony, Thank you fnrofleringto help us with the eventual transition of Black Cat Road to a five-lane highway with sidewalks as you work to develop the properly to the noa#h of our home. You have been extremely flexible with your plans in working with us and our neighbors to create a subdivision that provides open space and amenities that existing and new property owners will enjoy_ We want to h-elp you as much as possihleto successfully getthe approvals with Meridian and ACJ-ld that you need to proceed with the project The offer to pay fora new access at the hack of our property is most appredated_ We know that Black Cat Rd is slated to be widened to five lanes,probably in the&-12 yea rtime frame. Goren that longer lead time,we would like to keep our Black Cat a€oess and landscaping as long as possible. The trees and bushes in-our front yard provide a visual and sound screen(granted somewhat limited),and until the road widening happens,we plan to keep things as they are. Again thanks_ Youeve heen a great person to warlkvuith and we hope your project gets approved. Best regards, Paul Poorman From;Tony Tseng[mailtolony@appliedmediainc_net] Sent:Tuesday,September 29,21121 12:06 PM To:Paul Poorman eew-n-skyW0ctrweh_net> Subject:132velopment Request-Pera Place Mr_Poormam Thank you for all your cooperation in this develogtneut process so far. You and your wife have been more than reasonable durm this time_ I-am reaching out today to ask if}rou would be willing to sell the approximately 190 foot right of a-ay on the west side of Your property as it abuts to Black Gat to AMD. The attacbmnent show-s the sidewalk gap that would exist if this does not occur. H you agree to do sip at tliis point,I will-work wnth you to help create a smooth transition for you to access your property-through the proposed subdi-Lzsion,including paying for asphalt and conoreta work where your property-adj pins the subdivision on the east side. At this paint I do not kmou xhat AGHI)has In mind for the malue of the right of xay but I have a call into them to ascertain that amount_ Please let me Imou ifdus is somnethim we cam get done_ ThanLcs Toms Tsew2 VR iv WON. AAAOM � S � � "'. _ i1f- �__ f � '' Hr -«�n �,� ` »7�'�� &2� � �njprf �. �PF '' • - - --- x S' Y` •F.�' L�'_5_� y � - i-y �.: ,%� G/ kw h,L' 'Y'\4' �''.���g,,,F.Ls.,'&Y �.� � 'F* MW Vl� �a ,r�t, 1` " C X, :•'�1 'r-:� �/y,,i,z„�r *- •=`•:• _ o �,¢s�` ��/'� r Y{ 1',f+�- ,tAy'��,q, ;y�"_ �� ry" �.4s zy� t 'E � y '�=• x`�r ' ss ,� � �, �I:;Y rv..a�i�'�✓Su' 7-#�:,� - �t,1"- �� - :I "F'� t ��� ��; x.xser� �� .� � '�-� ��'". y\�: x 4 ,\.2� C:� r�yy"v� L�.(i _.LT}I�:•. 7�_�'Q'- ���.. ,' - �� ,�. �, }-� x a. sC.1 y� .w.5: :5.• � .�'� - /�.N!,.�'Y' "'' k t li:. 7 �:\i - l�� a '' .':':.4 "'>`#h-t�r^a �'i,.',s,' 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Outer Banks Subdivision/The 10 Meridian (H-2021-0063) by J-U-B Engineers, Inc., Located at the Southwest Corner of W. Franklin Rd. and S. Ten Mile Rd. A. Request: Preliminary Plat consisting of 25 buildable lots on 36+/- acres of land in the R-40 and C-C zoning districts. B. Request: Conditional use permit for a multi-family development containing a total of 516 residential dwelling units consisting of(364) high-density apartment, (126) flat and (26) townhome style units in the R-40 and C-C zoning districts. Page 353 Item#3. E IDIAN:-- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: November 4, 2021 Topic: Public Hearing for Outer Banks Subdivision/The 10 Meridian (H-2021-0063) by J- U-B Engineers, Inc., Located at the Southwest Corner of W. Franklin Rd. and S. Ten Mile Rd. A. Request: Preliminary Plat consisting of 2S buildable lots on 36+/- acres of land in the R-40 and C-C zoning districts. B. Request: Conditional use permit for a multi-family development containing a total of S16 residential dwelling units consisting of(364) high-density apartment, (126) flat and (26) townhome style units in the R-40 and C-C zoning districts. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the Planning and Zoning Commission Public Hearing Page 354 PUBLIC HEARING SIGN IN SHEET DATE : December 14, 2021 ITEM # ON AGENDA : 3 PROJECT NAME : Outer Banks Subdivision /The 10 Meridian ( W2021 - 0063 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Item#3. STAFF REPORT OME IDIAN�-�- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING December 14, 2021 Legend DATE: letProject Lflca�ian � ■ TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2021-0063 —Outer Banks Subdivision/The 10 Meridian k LOCATION: SWC of W. Franklin Rd. &S. Ten Mile Rd., in the NE '/4 of Section 15, Township 3N.,Range 1 W. (Parcel: 51215110058) 1 I. PROJECT DESCRIPTION Preliminary plat(PP) consisting of 25 buildable lots on 36+/-acres of land in the R-40 and C-C zoning districts for Outer Banks Subdivision; and a Conditional use permit(CUP)for a multi-family development containing a total of 516 residential dwelling units consisting of(364)high-density apartments, (126) flat and(26)townhome style units in the R-40 and C-C zoning districts for The 10 Meridian. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 36-acres(plat boundary) Future Land Use Designation Mixed Use—Commercial(MU-COM);High Density Residential(HDR);and Mixed Use—Residential(MU-RES) in the Ten Mile Interchange Specific Area Plan(TMISAP) Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Commercial,multi-family development,vertically integrated residential Current Zoning Community Business(C-C)&High-Density Residential(R- 40) Proposed Zoning NA Lots(#and type;bldg/common) 25 buildable lots/0 common lots Phasing plan(#of phases) 2 Number of Residential Units(type 516 units [(364)high density apartments,(126)flat and(26) of units) townhome style units] Page 1 Page 355 Item#3. Density(gross&net 23.07(gross)units/acre Open Space(acres,total [%]/ 4.74 acres buffer/qualified) Amenities A clubhouse with a swimming pool,fitness center,dog wash facilities,internet caf6,co-working center,game room;(6) BBQ's; (2)plazas;a fire pit;(2)sports courts(i.e.bocce ball, pickle ball);children's play equipment;open grassy areas of at least 50'x 50' in size;a dog park;a plaza;and a children's play structure. Physical Features(waterways, The Kennedy Lateral bisects this site. hazards,flood plain,hillside) Neighborhood meeting date;#of July 26,2021;no attendees other than the Applicant attendees: History(previous approvals) H-2021-0025 (DA Inst.#2021-132704—The 10 at Meridian) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Study Yes es/no Access Access is proposed via W.Franklin Rd., S. Ten Mile Rd. and W. Cobalt Dr. as (Arterial/Collectors/State shown on the plat. Hwy/Local)(Existing and Proposed) _ Traffic Level of Service W.Franklin Rd.—better than"D"/existing plus project"F'; S.Ten Mile Rd.—Better than"D"(acceptable level of service is"E") Stub No stub streets exist to this site from the property to the west;therefore,none can be Street/Interconnectivity/ extended. Cross Access Existing Road Network There are no existing internal roadways within the site;W.Franklin Rd. and S.Ten Mile Rd.are existing arterial streets that border the site along the north and east boundaries. Existing Arterial Curb,gutter and a 7-foot wide attached asphalt path exists along S.Ten Mile Rd. Sidewalks/Buffers Curb,gutter and a 7-foot wide attached(near the intersection)and 5-foot wide detached(outside of the influence area of the intersection)concrete sidewalk exists along W.Franklin Rd.No buffers exist on this site along either roadway. Proposed Road There are no roadways,bridges or intersections in the general vicinity that are in the Improvements IFYWP or the CIP. Fire Service • Distance to Fire 1.9 mile from Station#2 Station LFire Response Time Within 5-minute response time goal • Resource Reliability 85%(goal is 80%or greater) Page 2 Page 356 Item#3. Description Details Page • Risk Identification 4—current resources would not be adequate to supply service to this project. • Accessibility Meets all required access,road widths and turnarounds • Special/resource Will require an aerial device—can meet this need in the required time frame if a needs truck company is required. • Water Supply Will vary depending on building size and occupancy types. • Other Police Service See Section IX.D West Ada School District Projected Capacity Miles • Distance(elem,ms,hs) Enrollment (Uevto School) • Capacity Of Schools Chaparral Elementary 494 700 1.1 Meridian Middle School 1062 1250 3.3 • #of Students Enrolled Meridian High School 1831 2075 2.0 • Predicted#of students 56 generated from proposed development Community Development &Ws://weblink.meridiancity.org/WebLink/DocView.aspx?id=241147&dbid=0&repo= School Impact Table MeridianCity Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed South Black Cat Trunk Shed ' • Estimated Project Sewer ERU's See Application • WRRF Declining Balance 14.21 • Project Consistent with WW Master Yes Plan/Facility Plan • Impacts/Concerns •Flow is committed •See Public Works Site Specific conditions in Section IX.B Water • Distance to Water Services Directly adjacent • Pressure Zone 2 • Estimated Project Water ERU's See application ■ • Water Quality None ' • Project Consistent with Water Master Plan Yes • Impacts/Concerns See Public Works Site Specific Conditions in Section IX.B Page 3 Page 357 Item#3. C. Project Maps Future Land Use Map Aerial Map lid Legend y, BUJ 0 Legend fei Project Lacs ion Prpool Lorca Tor„ _ -d High. city - -[Re 11 iid i_ � 41 } i I 5 Amite ` a . Zoning Map Planned Development Map Lt-15n ffim Legend UT Y Legend --, — = c 0 lei L let Project oca=or Project Lacaiar _ RUT City Cirrus R'l C-N I-L — Planned Parcel -1�5 R-1 R-1. T dr N R R N TN-C ° Op f�+k-E C-C � ;g� a o°°Q S��o ❑13 °III. APPLICANT INFORMATION A. Applicant: Wendy Shrief,JUB Engineers,Inc. 250 S. Beechwood Ave., Ste. 201,Boise,ID 83709 Page 4 Page 358 Item#3. B. Owner: 10 Mile Franklin,LLC—837 Jefferson Blvd.,West Sacramento, CA 95691 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 10/19/2021 11/28/2021 Radius notification mailed to properties within 300 feet 10/12/2021 12/2/2021 Public hearing notice sign posted 10/22/2021 11/29/2021 on site Nextdoor posting 10/15/2021 12/6/2021 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLA : LAND USE: The majority of this property is designated Mixed Use Commercial(MU-COM)(northeast 22+/-acres) and High Density Residential(HDR)(southwest I 1+/-acres) on the Future Land Use Map (FLUM)in the Comprehensive Plan with a narrow sliver of Mixed Use Residential(MU-RES) (3+/-acres) along the southern boundary which will be mostly be right-of-way for W. Cobalt Dr. This property is located within the area governed by the Ten Mile Interchange SR Area Plan(TMISAP). The purpose of the MU-COM designation is to encourage the development of a mixture of office,retail, recreational, employment, and other miscellaneous uses,with supporting multi-family or single-family attached residential uses(see pg. 3-9 in the TMISAP for more information). HDR designated areas are multiple-family housing areas where relatively larger and taller apartment buildings are the recommended building type. HDR areas should include a mix of housing types that achieve an overall average density target of at least 16-25 dwelling units per gross acre(see pg. 3-7 in the TMISAP for more information). The purpose of the MU-RES designation is to encourage a diversity of compatible land uses that may include a mixture of residential, office,retail,recreational, employment, and other miscellaneous uses(see pg. 3-8 in the TMISAP for more information). Mixed use designated areas in the TMISAP are recommended locations for development of activity centers that are specifically planned to include both residential and non-residential uses.Mixed use areas are anticipated to have 3 or more significant income producing uses(i.e.retail,office,residential and lodging facilities)with significant functional and physical integration in conformance with a coherent plan (pgs. 3-7 &3-8). The site is proposed to develop with a mix of uses(horizontal and vertical)as shown on the site plan in Section VIII.D. High-density 4-story multi-family residential apartments(200 1-bedroom& 164 2- bedroom units)are proposed in the HDR designated area on the southwest portion of the site. Four-story multi-family flats(68 1-bedroom and 58 2-bedroom units) and 3-story multi-family townhouse style(26 3- bedroom units)units with a 15,525 square foot clubhouse/recreation center, 2-story vertically integrated mixed use [primarily retail uses on the Pt floor(28,600 s.f.)with residential(22 1-bedroom and 11 2- bedroom units)on the 2'floor], commercial(113,200 s.£)and QSR(i.e. fast food restaurant)with drive- throughs(8,450 s.f.)are proposed in the MU-COMM designated portion of the site adjacent to W. Franklin Page 5 Page 359 Item#3. Rd. and S. Ten Mile Rd.A total of 549 residential units and 150,250 s.f. of commercial uses are proposed to develop on the overall site. Staff finds the mix of income producing uses proposed as well as the vertical and horizontal integration of such uses and residential densities interconnected by pedestrian walkways and amenities is generally consistent with the goals of the TMISAP for this area. Transportation: W. Franklin Rd. and S. Ten Mile Rd. are existing 5-lane arterial streets that run along the north and east boundaries of the site that are fully built out. Cobalt Drive is proposed to be extended as a collector street from S. Ten Mile Rd. at the southeast corner and off-site along the southern boundary of the site to the project's west boundary consistent with the Master Street Map in the Comprehensive Plan and the Transportation System Map in the TMISAP. The Transportation System Map depicts the Ten Mile intersection with Cobalt as right-in/right out. The Street Section Map depicts this segment of Cobalt as Street Section D,which is a residential collector street per the Transportation System Map. Buildings on such streets have limited setbacks behind the sidewalk and a tree-lawn is required. A 5-foot wide dry-utilities corridor should be provided along both sides of the street curb. Both wet utilities may be located in the street. Streetlights should be placed in the dry utilities corridor on either side of the street. LW C .- . A f Street Section R tdH &� Note:ACHD has requested the City and ITD consider requiring the Applicant to extend the southbound left turn lane at the I-84/Ten Mile Rd. intersection to 700 feet and modem the landscape median to accommodate additional vehicle stacking.ACHD has not accepted the right-of-way for the segment of Ten Mile Rd. that would encompass the extension of the southbound left turn lane so this is not within their right-of-way. Staff believes the City does not have the authority to require a roadway improvement that is not on the Applicant's property and is not directly related to the application.However, staff encourages the applicant to mitigate the concerns raised and seek ITD approval to make the necessary modifications as noted above. Design: Conceptual building elevations were submitted for the high density, flats and townhome style multi-family residential and mixed-use/vertically integrated structures and the associated clubhouse. The design of the proposed multi-family structures appears to be of a high quality and are generally consistent in style,materials and colors. Elevations weren't submitted for the commercial portion of the development as tenants are unknown at this time. Final design of the site and all structures is required to comply with the design elements of the TMISAP per the Application of Design Elements matrix on pg.3-49 of the TMISAP and the design standards in the Architectural Standards Manual in accord with the Development Agreement(Inst.#2021-132704,provision#5.1b).The commercial portion of the development should incorporate similar design elements, colors and materials as the residential portion of the development. Goals,Objectives,&Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): Page 6 Page 360 Item#3. • "Encourage a variety of housing types that meet the needs,preferences,and financial capabilities of Meridian's present and future residents."(2.01.02D) A variety of multi family housing is proposed in this development consisting offlats, townhome and high-density apartment style units, which will contribute to the variety of housing types in the City, specifically in the Ten Mile area as desired, that should cater to different financial capabilities. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services." (3.03.03F) City water and sewer services are available and can be extended by the developer with development in accord with UDC 11-3A-21. The school impact table prepared by the Community Development Dept. shows capacity at area schools below capacity although only slightly so for the middle and high school currently serving this area. • "Locate higher density housing near corridors with existing or planned transit,Downtown, and in proximity to employment centers."(2.01.01H) The site is located at a major intersection along two major mobility arterials (Franklin and Ten Mile Roads) and in close proximity to employment centers. Transit services exist in the Ten Mile Crossing development to the east at the intersection of Vanguard/Wayfinder to serve this area— other transit stops may be added in the future. Transit services are available to serve this site via Route 40. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop,dine, play, and work in close proximity,thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The proposed project with multi family residential and a grocery store with nearby employment (retail/office uses) and restaurant uses, should provide a good mix of uses that residents won't have to travel far for, thus reducing vehicle trips and enhancing overall livability and sustainability. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits."(4.05.03B) This property is an enclave surrounded by City annexed land. Annexation and development of this property will maximize public services. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided."(3.03.03) The proposed development plan is generally consistent with the City's vision for this property through the Comprehensive Plan; the developer will extend public services and infrastructure as needed for the development. Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan as discussed above and is consistent with the approved Development Agreement. Page 7 Page 361 Item#3. VI. STAFF ANALYSIS A. PRELIMINARY PLAT A preliminary plat(PP) consisting of 25 buildable lots on 36+/-acres of land in the R-40 and C-C zoning districts is proposed for Outer Banks Subdivision(see Section VIII.A). The plat is proposed to develop in two(2)phases; the first phase is the ,..*,.,.,es*..,,ftiall Of the site (Sout,west of the Kennedy Later-a!)mixed-use area in the C-C district on the northeast portion of the site(northeast of the Kennedy Lateral)and the second phase is the mixed densitygpartments in the R-40 district on the southwest portion of the site(southwest of the Kennedy Lateral). Right-of-way(ROW) for the extension of W. Cobalt Dr. on the subject property is proposed to be dedicated with the plat; ROW for the portion on the property to the south will be dedicated separately via deed with approval from that property owner. Existing Structures/Site Improvements: There are no existing structures on this site. Curb,gutter and a 7-foot wide attached asphalt path exists along S. Ten Mile Rd. Curb, gutter and 7-foot wide attached(near the intersection)and 5-foot wide detached(outside the influence area of the intersection) sidewalk exists along W. Franklin Rd. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district and Table 11-2B-3 for the C-C zoning district.In the C-C district,there are no minimum setback requirements;however,future buildings may not encroach within required street buffers and residential structures must have minimum 20-foot separation between structures per Building Code. Access(UDC 11-3A-3): Access is proposed via W.Franklin Rd., a commercial arterial; S. Ten Mile Rd., a residential mobility arterial; and the future extension of W. Cobalt Dr., a residential collector street, as shown on the plat. Two(2)access driveways are proposed via W. Franklin Rd.—one(1)full-access, 930' west of Ten Mile Rd. and one(1)right-in/right-out only,450' west of Ten Mile Rd.ACHD has approved the full access as a temporary full access and the right-in/right-out only as proposed with an eastbound right- turn lane. Two(2)access driveways are proposed via S. Ten Mile Rd.—one(1)right-out only, 375' south of Franklin Rd. and one(1)right-in/right-out only, 775' south of Franklin Rd. ACHD has approved the right-out and the right-in/right-out only as proposed with an eastbound right-turn lane. Two(2)full-access access driveways are proposed via W. Cobalt Dr.—one(1) 388' west of Ten Mile Rd. and one (1) at the site's west boundary. A cul-de-sac meeting Fire Dept. standards is required to be constructed at the terminus of the road. The Applicant has been working with the property owner to the south on the location and design of the portion of Cobalt Drive that's on their property(Parcel #S 1215131400)(see road plan in Section VIII.B). A Road Construction and Cooperative Development Agreement has been signed by the two property owners in accord with the Development Agreement (provision#5.If)but is in the process of being amended. The extension of Cobalt will be constructed prior to or with the first phase of development. The abutting property to the west has recently developed and no streets, driveways or pathway stubs were provided to this site. For this reason, Staff isn't recommending a cross-access easement/driveway is provided. Page 8 Page 362 Item#3. A Fire Protection Access/Phasing plan was submitted with this application,which is included in the Fire Dept. comments in Section IX.C. Based on ACHD's traffic counts,with development of this property Franklin Rd.will still operate at an acceptable level of service(i.e. "D")but Ten Mile Rd.will not(it'll go from"D"to "F").An acceptable level of service is"E". The improvements requested by ACHD (i.e. the extension of the southbound left turn lane at the 1-84/Ten Mile Rd intersection to accommodate additional vehicle stacking) would not change the level ofservice. Road Improvements: Ten Mile Rd. and Franklin Rd. are fully improved with 5-lanes;road widening is not required. ACHD is requiring additional ROW to be dedicated for the extension of the eastbound right-turn lane storage on Franklin Rd.with the first phase of development;the intersection of Cobalt/Ten Mile is restricted to right-in/right-out/left-in; and a dedicated southbound right-turn lane is required to be constructed on Ten Mile Rd. at Cobalt Dr. Cobalt Dr. is proposed to be extended from Ten Mile Rd. to the west boundary of the site within 70 feet of ROW(46-foot back of curb to back of curb, see Section VIII.B). Cobalt will be partially on this site and partially on the abutting property to the south and will include a bridge across the Kennedy Lateral. As noted above in Section V,the Transportation System Map in the TMISAP depicts a right-in/right out collector street at the intersection at Cobalt/Ten Mile. ACHD has approved Cobalt as a public street with a right-in/right-out/left-in only from Ten Mile Rd. based on the TIS. Because the TIS supports this access, Staff is amenable to this change from the TMISAP. As noted above in Section V, Cobalt is designated as Street Section D, a residential collector street,on the Street Section Map in the TMISAP. As such,it should have(2) 11-foot wide travel lanes, 6-foot wide on-street bike lanes and 8-foot wide parallel parking within 50-feet curb to curb, 8-foot wide planter strips (i.e.tree lawn/parkway)and detached 6-foot wide sidewalks as shown on the diagram above. The proposed street section reflects 3-lanes(2-travel lanes with a center turn lane), 3.5-foot wide bike lanes, curb, gutter, 7-foot wide planter strips and 5-foot wide detached sidewalks. ACHD's staff report states if parallel parking is required by the City, it should be located to the west of the horizontal curve for Cobalt Dr. and be located beyond the sight distance required for the access proposed on Cobalt Dr. (parking is not allowed to be striped on ACHD roadways).Bike lanes are required to be a minimum of 6-feet wide. Staff recommends Cobalt is constructed in accord with Street Section D in the TMISAP, as recommended by ACHD. Pathways(UDC 11-3A-8): There are no multi-use pathways depicted on the Pathways Master Plan for this site. However, a pathway is proposed through the common area that separates the high-density apartments from the mixed-use area within the Kennedy Lateral easement. Walkways are proposed throughout the site for pedestrian access and interconnectivity. Sidewalks (UDC 11-3A-17): A 7-foot wide attached sidewalk exists along Franklin Rd. abutting the site within the influence area of the intersection transitioning to a 5-foot wide detached sidewalk for the remaining site frontage. A 7- foot wide attached asphalt pathway exists along Ten Mile Rd.which should be replaced with a minimum 6-foot wide detached sidewalk,separated from the curb by a minimum 8-foot wide tree lawn/parkway,consistent with Street Section A in the TMISAP(see pg.3-20).A 10-foot wide pathway is preferred based on ACHD's adopted Livable Streets Performance Measures but not required. Page 9 Page 363 Item#3. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision in accord with the widths specified in UDC Table 11-2A-8 for the R-40 zoning district and 11-2B-3 for the C-C zoning district based on the street classification and planted in accord with the standards listed in UDC 11-3B-7C. A landscape plan was submitted for the proposed subdivision landscaping, included in Section VIII.B. Required street buffer widths are as follows: 25-feet along W. Franklin Rd., an arterial street; 35-feet along S. Ten Mile Rd.,an arterial street and entryway corridor; and 20-feet along W. Cobalt Dr., a collector street. The street buffers along Franklin Rd.,Cobalt Dr. and the portion along Ten Mile Rd. north of the driveway access nearest the intersection appear to meet the minimum width standard; however,the portion along Ten Mile Rd. south of the driveway nearest the intersection does not meet the minimum width standard and needs to be widened(see UDC 11-3B-7C.]a for measurement standards); the plans should be revised accordingly.A common lot or a permanent dedicated buffer for the street buffers should be depicted on the plat and should be maintained by the property owner or business owners' association in accord with UDC 11-3B-7C.2b. The number of trees proposed in buffers meets the minimum standard; however, a mix of trees and shrubs with lawn or other vegetative groundcover is required—shrubs should be added to the buffers in accord with UDC 11-313-7C.3a. Tree lawns need to be provided along Franklin Rd.,Ten Mile Rd. and Cobalt Dr.consistent with the TMISAP where not proposed. Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C,which requires a mix of trees, shrubs, lawn, and/or other vegetative ground cover—a minimum of one(1)tree per 100 linear feet of pathway is required. The landscape plan should be revised accordingly to include shrubs along the pathway. Landscaping is required in common open space areas in the R-40 portion of the development in accord with the standards listed in UDC 11-3G-3E. With development of the C-C zoned portion of the site, a 25-foot wide buffer to residential uses is required along the west boundary of the site landscaped per the standards in UDC 11-3B-9C. A calculations table should be included on the landscape plan submitted with the final plat application that demonstrates compliance with the above standards. Common Open Space& Site Amenities(UDC 11-3G-3): The standards for common open space & site amenities listed in UDC 11-3G-3 only apply to residential districts; therefore, only the R-40 zoned portion of the site is required to comply with these standards. A minimum of 10% qualified open space is required to be provided within the multi-family development in the R-40 district,which consists of approximately 13 acres. Therefore, a minimum of 1.3 acres of qualified open space area is required. A minimum of one (1)qualified site amenity is required to be provided for every 20 acres of development area. Based on 13 acres, a minimum of one (1)qualified site amenity is required. The proposed open space and site amenities meet and exceed the minimum standards; see CUP analysis below for details on the open space& site amenities proposed. Waterways(UDC 11-3A-f: The Kennedy Lateral bisects this site and is proposed to be piped throughout the development in accord with UDC 11-3A-6,which requires laterals to be piped unless improved as a water amenity or linear open space. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Page 10 Page 364 Item#3. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pedestrian-scale street lights consistent with Street Sections A and B in the TMISAP are required along W.Franklin Rd. and S.Ten Mile Rd. (see pg.3-22). Streetlights shall be placed in the dry utilities corridor on either side of the Cobalt in accord with Street Section D in the TMISAP(pg.3-23). Dry utilities should be located at the back of the curb in the dry utilities corridor along S. Ten Mile Rd. and W. Franklin Rd. in accord with Street Sections A and B in the TMISAP (pg. 3-22). A 5-foot wide dry-utilities corridor should be provided along both sides of Cobalt Dr.;both wet utilities may be located in the street. Pressurized Irrigation System(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A_18): An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. APreliminary Geotechnical Engineering Roort dated 12/11/2018 was submitted with this application; an updated copy should be submitted prior to or with the first final plat application. B. CONDITIONAL USE PERMIT FOR MULTI-FAMILY DEVELOPMENT Conditional use permit(CUP)for a multi-family development containing a total of 516 residential dwelling units consisting of 364 high-density apartments(200 1-bedroom and 164 2-bedroom units), 126 flats (68 1-bedroom and 58 2-bedroom units) and 26 townhome(3-bedroom units) style units in the R-40 and C-C zoning districts for The 10 Meridian.Note:A vertically integrated residential project is also proposed that contains 33 dwelling units;however, it's a principal permitted use in the C-C zoning district so it's not included in the CUP request. The proposed development plan is in substantial compliance with the conceptual development plan and building elevations included in the Development Agreement(Inst. #2021-0025) as required. Specific Use Standards (UDC 11-4-3): The proposed use is subject to the following standards: (Staff's analysis/comments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows, entrances,porches and patios, and how they impact adjacent properties. Flats F-3 and the garages along the west boundary do not meet the minimum setback requirement of 10'; revise accordingly. 2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities,and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts screened trash enclosures not visible from a public street; all proposed transformer/utility vaults and other service areas shall comply with this requirement. 3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each unit.This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. In Page 11 Page 365 Item#3. circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The floor plans submitted with this application depict patios and balconies that meet this standard. Floor plans should be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard 4. For the purposes of this section,vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. The Applicant shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. The proposed parking meets and exceeds UDC standards (see parking analysis below). 7. Developments with twenty(20)units or more shall provide the following: a. A property management office.Located in clubhouse. b. A maintenance storage area.Located in clubhouse. c. A central mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or vehicular access.Depict on site plan. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018)Depict on site plan. The site plan submitted with the Certificate of Zoning Compliance application should depict the location of these items in accord with this standard C. Common Open Space Design Requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred (500) or less square feet of living area.NA b. Two hundred fifty(250)square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area.All 516 multi family units are between 500 and 1,200 square feet. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area.NA At a minimum, a total of 129,000 sf. (or 2.96-acres) of outdoor common open space is required to be provided in the proposed development.A total of 206,622 225,000 square feet (or 4-.74-5.17-acres) is proposed to be provided in excess of UDC standards. Note:Although street buffers along the arterial&collector streets do not qualify toward the open space standards in UDC 11-4-3-27C, they do qualify toward the open space standards in UDC 11- 3G-3 (i.e. half the buffer along arterials and the entire buffer along collectors qualify). Overall, the proposed qualified open space complies with the standards in UDC 11-3G-3 and 11-4-3-27C. Page 12 Page 366 Item#3. 2. Common open space shall be not less than four hundred(400) square feet in area, and shall have a minimum length and width dimension of twenty feet(20'). The common open space areas depicted on the open space exhibit in Section VIII.E meet this requirement. 3. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. The Applicant shall comply with this requirement. 4. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4)in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009, eff.retroactive to 2-4-2009)All of the common open space area required for the multi family development is located internally. D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life,open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. b. Open space: (1) Open grassy area of at least fifty by one hundred feet(50 x 100) in size. (2) Community garden. (3) Ponds or water features. (4) Plaza. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two(2) amenities shall be provided from two(2) separate categories. b. For multi-family development between twenty(20)and seventy-five(75)units,three(3) amenities shall be provided,with one from each category. c. For multi-family development with seventy-five(75)units or more,four(4) amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. Page 13 Page 367 Item#3. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) A total of 516 units are proposed. The following amenities are proposed from each category: a clubhouse with a swimmingpool,fitness center, dog wash facilities, internet cafe, co-working center, game room; (6)BBQ's; (2)plazas; a fire pit;(2)sports courts (i.e. bocce ball,pickle ball); children's play equipment; open grassy areas of at least 50'x 50'in size; a dog park; a plaza; and a children's play structure. Staff is of the opinion the proposed amenities are appropriate for the development proposed and doesn't recommend any additional amenities are provided. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(Y)wide. b. For every three(3)linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches(24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping along the street facing elevations adjacent to W. Cobalt Dr. in accord with these standards. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features. The Applicant shall comply with this requirement. Landscaping(UDC 11-3B): Street buffer landscaping is required to be provided with the subdivision improvements as noted above in Section VI.A. Landscaping is required to be provided along pathways per the standards listed in UDC 11-3B-12C. A mix of trees, shrubs,lawn and/or other vegetative ground cover with a minimum of one(1)tree per 100 linear feet of pathway is required all pathways. Parking: Off-street vehicle parking is required for the proposed multi-family dwellings as set forth in UDC Table 11-3C-6. Based on(268) 1-bedroom units,(248)2-and 3-bedroom units, a minimum of 898 off-street spaces are required with 516 of those being in a covered carport or garage. A total of 902 995 spaces are proposed,including 5M 517 covered and 62 41 compact spaces—compact stalls are discouraged but may be used for any parking above the number of required spaces per UDC 11-3C-5A.6. Beeause there are four-(4) extra spnees above the mi i , -IN&", standards,ir-king standards. Although the proposed par-king meets the minimum Staff is there may not be adequate par-king for-the site to neeommodate guests. Page 14 Page 368 Item#3. Commission and Couneil should deteFmine if additional parking should be provided a condition of approval of the CUP. Off-street parking is required for the clubhouse as set forth in UDC 11-3C-6B.1 for non-residential uses. Based on 15,525 square feet, a minimum of 31 spaces are required to be provided;3-7 31 spaces are proposed in poi accord with the minimum standard. Overall, a minimum of 646 929 spaces are required. Bicycle parking is required per the standards listed in UDC 11-3C-6G and should comply with the standards listed in UDC 11-3C-5C. One bicycle parking space is required for every 25 proposed vehicle parking spaces or portion thereof. Based on 9Q 1,026 spaces, a minimum of 36 41 spaces are required. The site plan states a total of 50 52 spaces are proposed for the overall development which includes commercial and vertically integrated/mixed use portions of the development. Bike racks should be provided in central locations for each building as proposed and comply with the standards listed in UDC 11-3C-5C. Fencing(UDC 11-3A- :No fencing is depicted on the landscape plan for this development. Building Elevations(UDC 11-3A-19;Architectural Standards Manual; TMISAP) Conceptual building elevations were submitted for the various types of multi-family units proposed in this development as shown in Section VIII.F. All of the structures appear to be of a high quality of design and consist of a complementary mix of materials, including wood-look siding,Hardie siding, metal siding, stucco,tile, stone veneer and glazing, and colors. The high-density and flats are 4-story buildings and the townhome style buildings are 3-stories in height. The high-density apartments will have secure entrances and be accessed by an internal hallway. The Applicant should work with the Police Dept.on a plan for emergency police access into each building entry point using a multi-technology keypad(see Section IX.D for more information). An administrative Design Review application is required to be submitted for approval of the design of the multi-family structures and clubhouse prior to submittal of building permit application for those structures.An application for Certificate of Zoning Compliance is also required to be submitted along with the Design Review application. The design of the structures is required to be consistent with the design standards in the Architectural Standards Manual and the design guidelines in the TMISAP as noted in the Development Agreement(Inst.#2021- 13270 (see the Application of the Design Elements table on pg.3-49 of the TMISAP). VII, DECISION A. Staff: Staff recommends approval of the proposed Preliminary Plat and Conditional Use Permit per the provisions included in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on November 4,2021. At the public hearing,the Commission moved to recommend approval of the subject PP and CUP requests. 1. Summary of Commission public hearing_ a. In favor: Wendy Shrief,JUB Engineers; Lane Borges;Hethe Clark, Spink Butler b. In opposition: None C. Commenting d. Written testimony:None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) public testimony Page 15 Page 369 Item#3. a. The Applicant requests the extension of Cobalt is within 70-feet of right-of-way as proposed and requests to work with Staff on the details of the street section. 3. Ke, issue(s)of discussion by Commission: a. Concern pertaining to traffic generated from the proposed development and its effect on area streets,especially the functionality of Ten Mile Rd.which will be at level of service «F,,. b. Concern pertaining to adequacy of proposed parking in the multi-family development and garages being used as storage instead of parkin 4. Commission change(s)to Staff recommendation: a. No changes were made to Staffs recommendation; however,the Commission did direct the Applicant to work with Staff on the road section for Cobalt Dr. and improve the parking ratios for the development. 5. Outstandingissue(s)sus for City Council: a. Since the Commission meeting,the he Applicant worked with Staff on the design of Cobalt Dr. and has added more parking for the multi-family development. Revised plans were submitted that reflect the following chap eg s: 1, a re-design of Cobalt Dr.that complies with the street section in the TMISAP as recommended by Staff;2) a re-design of the residential parking areas to provide a surplus of 97 spaces above the minimum required (compact spaces were reduced from 58 to 41 and are provided above the minimum requirements); )the garages along the western boundary have been relocated to comply with the minimum setback; 4 the property lines at Building F-3 have been adjusted to comply with the minimum setback; and 5)the sidewalk along Ten Mile Rd. has been modified to reflect a 6-foot wide detached sidewalk with an 8-foot wide planter/parkway area—the staff report has been updated to include these revisions. Page 16 Page 370 Item#3. VIII. EXHIBITS A. Preliminary Plat(date: 09/22/2021)&Phasing Plan—Revised Phasing Plan PRELIMINARY PLAT FOR OUTER BANKS SUBDIVISION SITUATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15• TOWNSHIPS NORTH,RANGE 1 WEST,BOISE MERIDIAN ---§____•_ _ w_____ "-..._ _._••__mil H�.:k. y -J 2021 �~ � ., �--- ---�-.—_�- ELK ES YE nod SHEET LIST TALTLE o�n �'• �8' —�—i W-01 [IWHOPR.PNH PROJECT IHFOPM.TAH y- w "EIJMIHORr SEVER PLw -Oa PREIJMIHnR*SEWER PROFILES 1R[?If1Y M+P PRE-1—se x 1-1- f{oLnr.+nm L>=cen •�® �„µ� n a. ___________ _ErTrJ fwwnM Hn. 1IL! ' >tm,ff � s `r' x,n - 'a I •1 o.a�n uu.x m.mw�v..wv..s.m...en ray.sb.ouxcm J Ekf a c ' Am =MiN 0 F—T — � cw z> �rmng I ,� -_--, .! '� t x�movmw,�a. CMLBIGNEEIl se .1 ffEYELCP9is�31 IAI�Sl1FEVEYgR mJ / o 5rtI Tf. J In Page 17 Page 371 Item#3. P c 6d " F _ aH�fl � NIII ,%URI Nllln.� 01 Jal-B EHGHEEAS,NC- - OVTCR MNK$ vsa w.r ., ELK VEN7URES s,x aoo i—.io aria¢ � .a_-- awwcxfoc� .1 �. PNRSYlGEkFffiIT Page 18 Page 372 Item#3. B. Cobalt Road Plan and Road Construction&Cooperative Development Agreement-APPROVED ((UBJ =5 � m � w z�gm �w� - �9 i s= .� i®gs `RIM I a*f„ i i€aid to ww x i i aw a � w � M ,*� n._...,...�„„m ...,.,.,.seem. ......... E 1Ep Road Construction and Cooperative Development Agreement- Updated Page 19 Page 373 Item#3. C. Landscape Plan for Preliminary Plat(dated: (]"� 12/6/2021)—REVISED .tout t.tFtat�t,t, .. �..n...._...........M.. .. .....®.....,..... Ni; _ FRANKLI HOAdM. Viol Wl o ETT-3, '• r 3 O NMV. SH T L-3. 44 ( N y .._.a—r....... ......, ..........., Ee .. _ 1HEETL-3.c3 WF— C 3 SHEET L-3.c2 O m � _�.�...—_._ .....__ •.__ oocwax. �� a �.�m�o�. Q��s.wL�.ci a...br�a� SHEET F Page 20 Page 374 Item#3. D. Site Plan for Multi-Family Portion of Development(date: 4"2�i 12/03/2021)-REVISED J t J VICINITY MAP FRANKLIN ROAD pJ d i 1� I q i \ OWNER/DESIGINi SNESUMMARY OR PARKING SUMMARY 5 \ � w m•aaily �a� mW Iaagw•as• / in•xsu� \ �� w unq+a ®•ow®� tea.... oEio•m.s,E�wa.¢a.n_ OUTER BANKS • SITE PLAN A-100M A MIXED USE COMMUNITY-MERIDIAN,IDAHO 20013 0823.2021 REV.12.032021 +ae s-+onE aoiNr aervE sui��.w acsenuc,cnvaal Tle+a�es rmo caaean.� Page 21 Page 375 Item#3. 1 � Franklin Road �o MERIDIAN - -- - - Conditional Use Permit Residential ----------- Project Summary High Dity Apaitrncads HD1-HD3 364 units 1 BR-200 units=55%ens - •��LLLL� .�Ll - 2BR-164units=45% ✓ ,�� _— — Flats 131-B3 126 rrids 1BR-66 ands=54% 26R-56 unds=46% ��t Towitti—D1-D3 26 units - a®0e 3 BR-26 units Total Residentlal Units 516 units Ek I ®® r Parking Required 929 spa ro ces [ III qst Parking PNtled 1026 spaces r I 4 J IL ©.O O �- F ni Dote, Outer Bank Subdivision -Preliminary Site Development Plan Page 22 Page 376 Item#3. E. Qualified Open Space Exhibit(dated: 9/16Q 1 12/7/2021) -REVISED Hill cop Li Li I Q N _ - ..� ...�.. ._ ..-..- ...-..�_ _ JLLI ItsW 9 V O_ a SHEET Page 23 Page 377 Item#3. F. Conceptual Building Elevations&Renderings for Multi-Family Structures&Clubhouse pw._? mF� �.Y.n }REAR P1-SNOOD(WlifiEl P2-SRIGCA NGHT P3-PATIO& 'M1-METAL SIDING M2-TRIM{SILVER) OO�� TAD TAM GARAGE DODR5 IGRA]') TgD. ��� T.B.D. ■ HGHFTANI -T.&D. (3vw ■5D11-HARDIE �G@-WOOD1Oq( �g1-STACKED STONE■M&METAL{DARN ®STOREFRONT ■STOREFR T NO{GRE K- GIDING(ME-0IDM VENEER(GRAY? GRAY) P .D. GPAYI GLAZING ON HARDVE PLANK- TONEI -ELDIXMDD SRHJE- T.B.D. T.B.D. T.S.D. M9UNFA[N BACaE T69 - ROUGH Uff-LOIRE I^'��� a VALLEY V OUTER BANKS SUBDIVISIONBUILDING F-EXTERIOR ELEVATIONS A-203 AMi USEC MUNRY-MEHIDIAN,k 0 2W 3 Og.23ZR1 wnnvEraxrwus anE 3m wswEc��� Tlm>wr>n mmemmn 4:s-ia s' --'- _ yjd gor._m 'Pl-STUCCOIWFiRE) P2-STUCCO NIGHT P3-PATIOS T.&D. `I .M1-METAL BIDING M2-TRIM(SILVER] C'i"'� ; ■T.B.D. T.GFRGTAN) TDRG I �n F.6.D. T.B.D. II` ■SDt-HARDIE ■GD2-WOOD�OOK ■STOREFRONT ■STOREFRONTSIDING(MEDIUMJMSI-ST�EO��EEM��,�RH VENEERIGRAY) GRAYI FRAMEIGRAYI—D. TE.D. T.B.D. MOUNFAIN SAGE T.B,D. ROUGH CUT-LOIRE ��� VALLEY C' C BUILDING F-EXTERIOR ELEVATIONS A-204 A M3% U5EGCI.NAUNT ERIDAN,EDAHO Y:1013 Dg23 ZRI uisamEwxr— -- --- I —ram mwd:m:i Page 24 Page 378 Y Y� N �• ± ,'may J� •�'j �fiRa ��'; �� � p ..� PON OUTER BANKS SUBQIVISIDNAl 'i i R 1•i If� - � I k� � n - OUTE#� BANKS 5UB©IV1510N FROM +• Fic�rc° Item#3. r• ' I I lit = BUILDING HD-1 a HD-2-EXTERIOR ELEVATIONS A-Z05® r.M%ED D3E COIAAIDMIVMERIONN.lDAHO �00�3 OE.IS�t irnnveomarn w�ru .arn.�c c�za rr..u�k ar� IBM - � y 1 Feu.ae�.ig., Elm OUTER BANKSC■ BUILDING HD-1&HD-2-EXTERIOR ELEVATIONS A-ZD6� AmEDllSECCANAl NH -MERI 1D 4o A113 m.nmt e rn aroirarrr �vc�.0-- 1 •,.emu» Page 26 Page 380 qi 1F `,� I 11 OUTER BANKS SUBDIVISION FROM ' 1 o utoll - } - OUTER BANKS SUBDIVISION Biirgcs IN rl AULM3 �J ° ^l OUTER BANKS SUBDIVISION { 5 Item#3. Ell Ell yexnrr uevargrr ■_�■ ■ !■._ s4 • ■ ■ O wr OUTER BANKS =■ BUILDING HD-3-EXTERIOR ELEVATIONS A-207 AWEDUSECCMMUWN MEFW".0000 EW13 77,"Mi im m.Kivm wnc xrn io wlnus u�wi ilia wlrm u BANKSOUTER BUILDING HD-3 EXTERIOR ELEVATIONS A-208® A lA,\CD uSC CCAVIUHfII'MCRiRiAY !CN 10 R0013 �n3�1 iia.v�Mrn ui.x unra wmiiar� .iw we.a n.� Page 28 Page 382 Item#3. • ....coL c�uL-■ ..•a.io SIGH DENSA�I'HD-3I FROM SOUTHEAST..,.��..n._...A-902.3® 7 • iN �J u., o�, mn�, eoza • i • HIGH DENSITY(HD-3j FROM EAST(OPEN SPACE) F Lift film IN T��1 •UTEREANKS SUBDIVISION o HIGH DENSITY(HD-3)WEST ENTRY �s�•.u�•nA-902.5® Page 29 Page 383 .. _ ■::..__ e�.� ■.::. _ Il 111 . _ � :.__.- OUTER BANKS SUBDIVISiON BUILDING D-1.D-2,&D3-EXTERIOR ELEVATIONS A-209 AWXID5 CO Uh:tt MERVANGA-10 Mil wnmi MUMILL �v I OUTER BANKS SUBDIVISION BUILDING D-1,D-2. D-3-EXTERIOR ELEVATIONS A-270M AM DI/SECOlMl1 MEM ,IQAINI M13 mmmt Page 30 �t F � q - 6� ■ °f r NOW OIJTEft BANKS SUBQIVI5IDN ■ • ■ •• '+ ,,,..,. ..• TTT n-T- CLUB HOUSEEXTERIOR ELEVATIONS A-211 - �� QIJTER BANKS SUBQIVI5IQN ■USE-EXTERIOR ELEVATIONSE�ofges QUTER 8ANK5 SIJBDIV151QNCLUB HOUSE ■ ■ ■ 'F t t QUTER BANKS SUBDIVISIONCLUB HOUSEFROM -■ PO 90 Barges r �' �ram. !�■ _ � fL ��*�'��,., OUTER BANKS SUBDIVISION •• 90 „• �, Item#3. oar Ak 1EI c { ❑ h I IU5Lh18 KW Tr 6v8 IIOGr.Y_{ASS GW�Gf ELECT FKNM PCOL E WKMEWr JAH4 &JpptT First Floor Clubhouse WAv7Ehw pn;E %Mop - ' rr,m A rT[R wxm ru RY WITS _ Rr$TRcMW u u a L_ Al Al A EH-R'r� Asa . VCM.,'•TES ' a EAMNDE1FITr� K109R + T T CENrER C EM TERWOW h�i �i Fla hR: *40' CEnTEI rmNTxtpr ��rr,,'��� ...� wrlw at a�.Fla■ �� �44FL4EE}i '�I E11 y�iYMa �aesv�rs ASS E ■ ff t 4LNl46ER REGEPI. �TOPLlOL � �GhSRIG awerwaT� tgwp i ❑ ram— r I I U—LJ�L�J I � '. LOIMI9E c a" '/Eere_lEFIfNETRRr _ I 1 1y® I u I'LYx E LEV I PARC L LY 11 ILLII _ IrrKra: I mp MnSr I Eujr 1 rl aEl I WTGHEH o h3%Il.k �i I 1 P LhYl�R1ti9YF I i I � 1 1I EiS Page 34 Page 388 Item#3. Second Floor Clubhouse u wowks WDIS MEFTIHG w I TMI F4 e 't' W* KA4 R W M / SEA4ER � Lo CMEN L ci CLNkk fffJ iAlCLW �-^_^y tHEI4TRE EODC _1 fL ROOM —� LORA"? E KAMO MEN RVW ._. r. I LOUNGE F ILi I EUI, �r OkJTD 4R ec�a+r OALCADNV Page 35 Page 389 Item#3. IX. CITY/AGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. Future development shall comply with the provisions in the existing Development Agreement (Inst. #2021-132704,H-2021-0025) and the conditions in this report. Preliminary Plat: 2. The final plat shall include the following revisions: a. All street buffers are required to be placed in a common lot or on a permanent dedicated buffer,maintained by the property owner or business owners' association,as set forth in UDC 11-3B-7C.2b.Required street buffers are as follows: minimum 25 feet wide along W. Franklin Rd., an arterial street; minimum 35 feet wide along S. Ten Mile Rd., an entryway corridor; and minimum 20 feet wide along W. Cobalt Dr., a collector street. Street buffers are measured from the back of sidewalk where attached sidewalks are provided and from the back of curb where detached sidewalks are provided per UDC 11-3B-7C.Ia. b. The extension of W. Cobalt Dr. from the east to the west property boundary shall be included in the construction drawings for the first phase of development; or,may be included in a separate submittal to ACHD. c. Depict the Irrigation District's easement for the Kennedy Lateral. d. The street section for Cobalt Dr. shall include(2) 11-foot wide travel lanes, 6-foot wide bike lanes, 8-foot wide parallel parking, curb, gutter, 8-foot wide planter strips (i.e.tree lawn/parkway) and detached 6-foot wide sidewalks consistent with Street Section D in the TMISAP(see Pg. 3-21). Parallel parking shall be located to the west of the horizontal curve for Cobalt Dr. and be located beyond the sight distance required for the access proposed on Cobalt Dr. as required by ACHD. e. A 5-foot wide dry-utilities corridor shall be provided along both sides of Cobalt Dr.;both wet utilities may be located in the street. Streetlights shall be placed in the dry utilities corridor on either side of the street in accord with Street Section D in the TMISAP(pg. 3-23). f. Provide a minimum 8-foot wide tree lawn/parkway along S. Ten Mile Rd. in accord with the TMISAP. g. Dry utilities shall be located at the back of the curb in the dry utilities corridor along S. Ten Mile Rd. and W. Franklin Rd. in accord with Street Sections A and B in the TMISAP (pg. 3- 22). 3. The landscape plan included in Section VIII.0 shall be revised as follows: a. Include shrubs(along with the trees and lawn or other vegetative groundcover) in the proposed street buffers as set forth in UDC 11-3B-7C.3a and along pathways as set forth in UDC 11-3B- 12C.2. b. Street buffers at the required width are required to be placed in a common lot or on a permanent dedicated buffer,maintained by the property owner or business owners' association as set forth in UDC 11-3B-7C.2(see#2a above for required widths). c. Include a calculations table on the landscape plan that demonstrates compliance with the landscape standards for street buffers listed in UDC 11-3B-7C.3b; common open space areas listed in UDC 11-3G-3E.2; and pathways listed in UDC 11-3B-12C. d. Depict a minimum 5-foot wide detached sidewalk along S. Ten Mile Rd. in accord with UDC 11-3A-17A. Page 36 Page 390 Item#3. e. Depict a tree lawn along S. Ten Mile Rd. (minimum 8-feet wide) and W. Franklin Rd. and pedestrian-scale street lights consistent with Street Sections A and B in the TMISAP (see pg. 3-22). f. Depict a minimum 8-foot wide tree lawn along W. Cobalt Dr. with street lights in the dry utilities corridor on either side of the street consistent with Street Section D in the TMISAP (see pg. 3-23). g. Depict a minimum 6-foot wide detached sidewalk within the street buffer along S. Ten Mile Rd. consistent with Street Section A in the TMISAP(see pg. 3-20).A 10-foot wide pathway is preferred based on ACHD's adopted Livable Streets Performance Measures but not required. 4. The subject property shall be subdivided prior to issuance of the first Certificate of Occupancy for the development as set forth in the Development Agreement(Inst. #2021-132704,provision #5.1 d). 5. Submit an updated Geotechnical Engineering Report prior to or with the first final plat application. 6. The entirety of Cobalt Dr. from the east to the west property boundary, on-site and off-site, shall be constructed prior to or with the first phase of development in accord with the specifications noted herein. 7. A Certificate of Zoning Compliance and Design Review application shall be submitted for each structure(or group of structures if desired) and approved prior to submittal of application(s) for building permits. The plans submitted shall comply with the design elements of the Ten Mile Interchange Specific Area Plan(TMISAP)and the design standards in the Architectural Standards Manual(see the Application of Design Elements matrix on pg. 3-49 of the Plan) as required by the Development Agreement.The commercial portion of the development should incorporate similar design elements, colors and materials as the residential portion of the development. 8. Public art shall be provided within the development consistent with the Development Agreement and the TMISAP(pg. 3�-49). A detail of such shall be included with the final plat application. Conditional Use Permit: 8. The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 9. For each of the multi-family units, a minimum of eighty(80) square feet of private,usable open space shall be provided for each unit as set forth in UDC 11-4-3-27B.3. This requirement can be satisfied through porches,patios, decks, and/or enclosed yards. Floor plans with square footage noted for patios and balconies shall be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard. 10. The multi-family development shall record a legally binding document that states the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking, common areas, and other development features as set forth in UDC 11-4-3- 27F. A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 11. Comply with building code requirements for separation between structures within the development. 12. The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: Page 37 Page 391 Item#3. a. Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C; depict shrubs in addition to the trees along the pathways. b. Depict the locations of the property management office,maintenance storage area,central mailbox location(including provisions for parcel mail,that provide safe pedestrian and/or vehicular access), and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. c. All transformer and utility vaults and other service areas shall be located in an area not visible from a public street, or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. d. The configuration/location of the Flats F-3 building and the garage structures along the project's west boundary need to be revised to comply with the minimum setback requirement of 10-feet in UDC 11-4-3-27B.1;the configuration of Lot 16 may be revised on the plat in order for the building(i.e.F-3)to meet the required setback. e. Depict landscaping along the foundations of all street facing elevations adjacent to W. Cobalt Dr. in accord with the standards listed in UDC 11-4-3-27E.2. f. Include a detail of the fire pit,BBQ's,public art and children's play structure. g. A minimum of 992 995 off-street parking spaces shall be provided as proposed,including 3-38 517 covered spaces. Compact stalls are discouraged but may be used for any parking above the number of required spaces per UDC 11-3C-5A.6. This does not include the 31 spaces required for the clubhouse, vertically integrated/mixed use or commercial uses. h. A minimum of 36 bicycle parking spaces that comply with the standards listed in UDC 11-3C- 5C shall be provided in central locations for each building(High Density,Flats and Townhomes). 12. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units as set forth in UDC 11- 4-3-27C.3. 13. A Certificate of Zoning Compliance and Design Review application(s) shall be submitted for the multi-family development and approved prior to submittal of application(s)for building permits. The plans submitted shall substantially comply with those approved with this application and with any required modifications noted herein. The design of structures shall comply with the design elements of the Ten Mile Interchange Specific Area Plan(TMISAP) (see the Application of Design Elements matrix on pg. 3-49 of the Plan) and the design standards in the Architectural Standards Manual. One application may be submitted for the entire multi family development. 14. Public art shall be provided within the development consistent with the Development Agreement and the TMISAP(p . 3�-49). A detail of such shall be included with the first Certificate of Zoning Compliance/Design Review application for the development. Page 38 Page 392 Item#3. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Extend water main to existing blow off to the west 1.2 Extend water main to the southern boundary in the right-of-way. 1.3 Eliminate dead ends by looping water through the development. 1.4 Dead end water mains must end in a hydrant. 1.5 Water and sewer mains require a minimum 20-foot-wide easement per utility or 30 foot combined with minimum separation maintained between mains.All easements must be free from permanent structures including but not limited to buildings, carports, streetlights, infiltration trenches,trees,bushes,trash enclosures, etc. 1.6 Manholes should not be placed in curb or gutter. 1.7 Proposed manhole SSWR-16 at the corner of Ten Mile and Cobalt should be removed from the sidewalk. 1.8 Access roads and easements are required for all manholes outside of right-of-way. 1.9 Angles in and out of manholes must be a minimum 90 degrees in the direction of flow. 1.10 No sewer service lines should pass through infiltration trenches. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement (marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 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. Page 39 Page 393 Item#3. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and Page 40 Page 394 Item#3. approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT by s://weblink.meridiancity.org/WebLink/DocView.aspx?id=238635&dbid=0&repo=MeridianCiU D. POLICE DEPARTMENT The Police Department can service this area if the application is approved. Do these units have climate-controlled hallways(not garden style)with controlled access entry points? If that is the case the applicant will be required to plan for emergency police access into each building entry point using a multi-technology keypad. This will allow police access, if there is an emergency, into the building if someone isn't able to come to the door to allow police entrance. Otherwise,police would have to breach the door to gain access which isn't ideal for anyone and delays our response. The Loft project at 10-mile/Franklin and the Bri at the Village use a product police recommend for this purpose. Police can work with the applicant on placement of the access. Police will have their own access code (same for each building)to use in an emergency. All townhomes and or multi-family units shall be clearly marked with addresses and unit numbers visible day or night for emergency response. The applicant shall place a way-finding map at each entrance. All qualified open space provided in the development,to include all amenities,must be in an open area in order to allow for natural observation opportunities. Pathways and landscaping should not create hiding spots or blind spots that would promote criminal opportunities. E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridianciU.org/WebLinkIDocView.aspx?id=240473&dbid=0&repo=MeridianCity Page 41 Page 395 Item#3. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=240055&dbid=0&repo=MeridianCity G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=239094&dbid=0&r0o=MeridianCity H. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=241148&dbid=0&repo=MeridianCiby I. COMMUNITY DEVELOPMENT DEPARTMENT—SCHOOL IMPACT TABLE https://weblink.meridianciV.org/WebLink/Doc View.aspx?id=241147&dbid=0&repo=MeridianCiU J. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=242630&dbid=0&repo=MeridianCiU X. FINDINGS A. Preliminary Plat(UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, ef£ 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The Commission finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the Development Agreement provisions and conditions of approval in Section IX. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The Commission finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The Commission finds there are no roadways, bridges or intersections in the general vicinity that are in the IFYWP or the CIP. 4. There is public financial capability of supporting services for the proposed development; The Commission finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The Commission finds the proposed development will not be detrimental to the public health, safety or general welfare. Page 42 Page 396 Item#3. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30- 2005, ef£ 9-15-2005) The Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. B. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-40 and C-C zoning districts (see Analysis, Section Vfor more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed use is consistent with the future land use map designations of HDR,MU-COM and MU-RES and is allowed as a conditional use in UDC Table 11-2B-2 in the R-40 and C-C zoning districts. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Council should weigh any public testimony provided to determine if the development will adversely affect other properties in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that essential public services are available to this property and that the use should be adequately served by these facilities with the exception of Ten Mile Rd., which the ACED report states will not function at an acceptable level of service upon development of this project based on traffic counts. Page 43 Page 397 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll Outer Banks Luxury Residential Apartments, Flats & Townhomes o nis iv iS u b d Recreation FacilitiesWork-CoCenter & Recreation FacilitiesWork-CoCenter & Recreation FacilitiesWork-CoCenter & Recreation FacilitiesWork-CoCenter & Recreation FacilitiesWork-CoCenter & Med DensityFlats with Tuck Med DensityFlats with Tuck Med DensityFlats with Tuck Med DensityFlats with Tuck Med DensityWith GarageTownhomes Med DensityWith GarageTownhomes Med DensityWith GarageTownhomes High DensityApartments High DensityApartments High DensityApartments High DensityApartments High DensityApartments Outer Banks Luxury Residential Apartments, Flats & Townhomes o nis iv iS u b d 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Public Hearing for Aviator Springs (H-2021-0065) by The Land Group, Inc., Located at 3235 N. McDermott Rd. A. Request: Annexation of 40 acres of land with R-8 (27.63 acres), L-0 (1.64 acres) and M-E (10.72 acres) zoning districts. B. Request: A Preliminary Plat containing a total of 112 lots consisting of(93) buildable lots and (13) common open space lots on 27.63 acres of land in the R-8 zoning district, (2) buildable lots on 1.64 acres of land in the L-0 zoning district, (1) buildable lot on 10.72 acres of land in the M-E zoning district, and (3) future right-of-way lots on 40 acres of land. Page 398 Item#4. E IDIAN IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: December 14, 2021 Topic: Public Hearing for Aviator Springs (H-2021-0065) by The Land Group, Inc., Located at 3235 N. McDermott Rd. A. Request: Annexation of 40 acres of land with R-8 (27.63 acres), L-0 (1.64 acres) and M-E (10.72 acres) zoning districts. B. Request: A Preliminary Plat containing a total of 112 lots consisting of(93) buildable lots and (13) common open space lots on 27.63 acres of land in the R-8 zoning district, (2) buildable lots on 1.64 acres of land in the L-0 zoning district, (1) buildable lot on 10.72 acres of land in the M-E zoning district, and (3) future right-of-way lots on 40 acres of land. Information Resources: Click Here for Application Materials Click Here to Sign Up to Testify at the City Council Public Hearing Page 399 PUBLIC HEARING SIGN IN SHEET DATE : December 14, 2021 ITEM # ON AGENDA : 4 PROJECT NAME : Aviator Springs ( W2021 - 0065 ) Your Full Name Your Full Address Representing I wish to testify ( Please Print ) HOA ? ( mark X if yes ) If yes, please provide HOA name 0 d � I uc kc � I !i� 3 61TL �00 P63L, Y� L�2Q,rj 0rJ :rD v 3 4 5 6 7 8 9 10 11 12 13 14 Item#4. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING December 14,2021 Legend DATE: Project Lc=ton TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2021-0065 Aviator Springs—AZ,PP LOCATION: 3235 N. McDermott Rd.,in the SE '/4 of Section 32,TAN.,R.1 W. (Parcels � #R7824220044&#R7824220042) f II }5 �5 r I. PROJECT DESCRIPTION Annexation of 40 acres of land with R-8 (3439 27.63 acres),L-O(1.64 acres) and M-E(H-77 10.72 acres)zoning districts; and Preliminary plat containing a total of 112 lots consisting of(93)buildable lots and(13)common open space lots on 31.59 27.63 acres of land in the R-8 zoning district; (2) buildable lots on 1.64 acres of land in the L-O zoning district; (1)buildable lot on 6-.7-7 10.72 acres of land in the M-E zoning district; and(3)future right-of-way lots on 40 acres of land. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 40 acres Existing/Proposed Zoning RUT in Ada County Future Land Use Designation Mixed Use—Neighborhood(MU-N) Existing Land Use(s) Agricultural land Proposed Land Use(s) Single-family residential(SFR)&a church(seminary) Lots(#and type;bldg./common) 112 lots(96 buildable/13 common/3 future ROVE Phasing Plan(#of phases) 2 phases Number of Residential Units(type 93 SFR detached dwellings of units) Density(gross&net) 3.0 units/acre(gross);3.92 units/acre(net) Open Space(acres,total 7.64 acres(or 23.8%)common open space [%]/buffer/qualified) Amenities Community swimming pool&changing rooms,multi-use pathway,qualified open space in excess of 20,000 square feet. Page 1 Page 400 Item#4. Description Details Page Physical Features(waterways, The Eight Mile Lateral crosses the southwest corner of this hazards,flood plain,hillside) site. Neighborhood meeting date;#of 7/7/21; 3 attendees attendees: History(previous approvals) None B. Community Metrics Description Details P Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via the extension of two local streets(N. (Arterial/Collectors/State Keklik Ave.and N.Alameda Creek Ave.)at the north boundary Hwy/Local)(Existing and of the site. Proposed) Traffic Level of Service Ustick Rd.—Better than"E" — Stub A stub street is proposed to the property to the south for future Street/Interconnectivity/Cros extension. s Access Existing Road Network A north/south collector street(Owyhee Storm Ave.)exists'/4 mile to the west of this site,which provides access via a local street to this site through Chukar Ridge Subdivision to the north. Existing Arterial Sidewalks/ NA Buffers Proposed Road Ustick Rd. is listed in the CIP to be widened to 5-lanes from Star Improvements Rd.to McDermott Rd.between 2026 and 2030. Fire Service • Distance to Fire Station 4.5 miles • Fire Response Time Falls outside the 5:00 minute response time area-nearest station is Fire Station#2—cannot meet response time goals. When Fire Station#8 is constructed in late summer of 2023, it will be within the 5:00 minute response time area. • Resource Reliability 85%-does meet the target goal of 80%or greater • Risk Identification 2—current resources would be adequate to supply service • Accessibility Project meets all required access,road widths and turnaround. Project will require a secondary emergency access in order to exceed 30 lots or buildings will need to be sprinklered. • Special/resource needs Project will not require an aerial device;cannot meet this need in the required timeframe if a truck company is required. • Water Supply Requires 1,500 gallons per minute for two hours,may be less if buildings are fully sprinklered. • Other Resources Police Service • Distance from 4.2 miles police station Page 2 Page 401 Item#4. • Police Response Priority 3 (goal is within 3 to 5 minutes): 3:47 Time Priority 2(goal is within 8 to 10 minutes): 7:06 Priori 1 (goal is within 15 to 20 minutes): 10:43 West Ada School Approved prelim Approved MF D1StY1Ct plat parcels per units per 'Miles Enrollment Ca aci attendance area attendance area • Distance(elem, Pleasant View Elementary 546 650 3089 21 2.9 ms,hs) Star Middle School 823 1000 7967 278 7.1 • Capacity of Owyhee High School 1477 1800 5782 58 0.0 Schools School of Choice Options • #of Students Chief Joseph School-Arts 507 700 N/A N/A 6.8 Enrolled Barbara Morgan-STEM 659 750 N/A N/A 4.5 • #of Students Predicted from 93 school aged children predicted from this development by WASD. this development I School Impact Table Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed North McDermott Trunkshed • Estimated Project See application Sewer ERU's • WRRF Declining 14.21 Balance • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/concerns • Flow is committed • Property is subject to the Oaks Lift Station and Pressure Sewer Reimbursement Agreement Water • Distance to Water Directly adjacent Services • Pressure Zone 1 • Estimated Project See application Water ERU's • Water Quality None • Project Consistent Yes with Water Master Plan • Impacts/Concerns See Public Works site specific conditions Page 3 Page 402 Item#4. C. Project Area Maps Future Land Use Map Aerial Map (fLegend (fLegend Project Lcca-fior BSI I Projeot Lucafon S 'IU II�f Dens i Re�r�ntia Residential IY f4 MU-C ,U -� -- r --ante #�r Zoning Map Planned Development Map Legend - - 0 Legend 0Prejec, Lcca=or BSI IetProject Lacafkm RUT ;_ City Limit - R-4 — Planned Parcels R-4 VT r+ r} A. Applicant: Matt Adams, The Land Group,Inc.—462 E. Shore Dr., Ste. 100,Eagle,ID 83616 B. Owner: Acclima,Inc.— 1763 W. Marcon Ln., Ste. 175,Meridian,ID 83642 C. Representative: Same as Applicant Page 4 Page 403 Item#4. III. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 10/5/2021 11/28/2021 newspaper Notification mailed to property owners within 300 feet 10/5/2021 12/2/2021 Applicant posted public hearing notice on site 10/11/2021 12/2/2021 Nextdoor posting 10/5/2021 12/6/2021 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Mixed Use -Neighborhood(MU-N). The purpose of the Mixed-Use designation is to provide for a combination of compatible land uses within a close geographic area that allows for easily accessible and convenient services for residents and workers. The intent is to promote developments that offer functional and physical integration of land uses,to create and enhance neighborhood sense of place, and to allow developers a greater degree of design and use flexibility. NOTE: Given the limitations with surrounding land uses,existing development pattern,poor access and bifurcation of the property with the extension of SH 16,it is not feasible to achieve full integration of uses as desired in MU-N areas.However,the applicant's narrative does discuss how they believe the proposed development is consistent with the MU-N designation. The purpose of the MU-N designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single- use developments by incorporating a variety of uses.Land uses in these areas should be primarily residential with supporting non-residential services.Non-residential uses in these areas tend to be smaller scale and provide goods or services that people typically do not travel far for(approximately one mile)and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is particularly critical in MU-N areas. Tree-lined,narrow streets are encouraged. Developments are also encouraged to be designed according to the conceptual MU-N plan depicted in Figure 3B of the Comprehensive Plan. The proposed development consists of a total of 93 single-family detached dwellings, an LDS seminary, a lot to be donated to the Boys and Girls Club for a future facility and commercial(research &development)uses consisting of one(1 20) 000 square foot(s.f.)research and development facility and one(1) 12,000 s.£ research and development greenhouse with 8,000 s.£tenant offices. The gross density of the residential area is 3.00 units per acre,which is significantly less than the desired range of 6 to 12 units per acre in MU-N designated areas. The primary use proposed is residential as desired; however,no supporting non-residential services are proposed. Although commercial uses (i.e. employment opportunities)are proposed on the east side of the development,they are not directly accessible from the proposed neighborhood due to the future extension of SH-16 through the site which will separate the residential from the commercial uses. In reviewing development applications,the following items will be considered in MU-N areas: (Staffs analysis is in italics) Page 5 Page 404 Item#4. • Development should comply with the items listed for development in all Mixed-Use areas as follows: o A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone. The proposed development includes three 0 four k&different land use types (i.e. residential, commercial office and civic). o Where appropriate,higher density and/or multifamily residential development is encouraged for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69.Due to limited access for the western portion of this site and constraints due to the future extension of SH-16 through this site with no access allowed via the highway, Staff is of the opinion a higher density development is not appropriate for this site. Additionally,for the same access constraints, the western portion of this site is not viable as an employment center. o Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request, a development agreement will typically be required for developments with a Mixed-Use designation. rt ffr-e....m, ,,, a a " +vlap, ,,nt guidelines ape et in the a s,,nee of a eoneqqfmal development plan. A conceptual development plan was submitted after the Commission hearing for the non-residential portion of the development as shown in Section VIT H.A development agreement is required as a provision of annexation with the provisions listed in Section VIII.A.1. o In developments where multiple commercial and/or office buildings are proposed,the buildings should be arranged to create some form of common,usable area, such as a plaza or green space. area on Me east side ej9CHtui-e SH 16, the site sheuk4 be designed and bHildings arqwnged in err wiM t'i wide ine. The conceptual development plan shown in Section VILH depicts a plaza area between the two commercial buildings. o The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development. Commercial uses consisting of research &development facilities and tenant offices are proposed on the east side offuture SH-16. The future highway will provide a separation between the commercial and residential uses. o Community-serving facilities such as hospitals, clinics, churches, schools,parks, daycares,civic buildings, or public safety facilities are expected in larger mixed-use developments.An LDS seminary and a lot for a future Boys& Girls Club is proposed on the L-O zoned lots which will provide community-serving uses within the development. o Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas, outdoor gathering areas,open space,libraries, and schools are expected; outdoor seating areas at restaurants do not count.A high school(Owyhee) abuts this site on the west.A plaza is proposed on the conceptual development plan between the two commercial structures. o Mixed-use areas should be centered around spaces that are well-designed public and quasi-public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further placemaking opportunities considered.Although a mix of residential, civic and commercial uses are proposed, this isn't a typical mixed-use development due to the Page 6 Page 405 Item#4. limited access&connectivity available to the site and the future extension of SH-16 through this site. o All mixed-use projects should be accessible to adjacent neighborhoods by both vehicles and pedestrians. Pedestrian circulation should be convenient and interconnect different land use types.Vehicle connectivity should not rely on arterial streets for neighborhood access. Two vehicular accesses (local streets)with pedestrian sidewalks alongside and a pathway through a connected common area (i.e. Lot 9, Block 2) are proposed between the development to the north (Chukar Ridge) and the subject development. Pedestrian connections are also proposed for interconnectivity between the high school campus to the west and the proposed seminary and lot where a Boys & Girls Club is anticipated to develop along the west boundary of the site. A multi-use pathway is proposed through the common area along the east boundary of the site, which will provide a connection between adjacent developments to the north &south. Because SH-16 will bisect this site, it's not feasible for the commercial portion of the site to be connected to the residential/civic portion of the site. o A mixed-use project should serve as a public transit location for future park-and-ride lots, bus stops, shuttle bus stops and/or other innovative or alternative modes of transportation. Because this site doesn't have direct access via a collector or arterial street, a public transit facility is not feasible on this site. o Alleys and roadways should be used to transition from dissimilar land uses, and between residential densities and housing types.Roadways are proposed as a transition between residential and civic uses. Only one housing type (i.e. single-family detached) is proposed. o Because of the parcel configuration within Old Town, development is not subject to the Mixed-Use standards listed herein. This guideline is not applicable. In reviewingdevelopment evelopment applications,the following items will be considered in MU-N areas: (Staf's analysis in italics) • Development should comply with the items listed for development in all Mixed-Use areas. See analysis above. • Residential uses should comprise a minimum of 40%of the development area at gross densities ranging from 6 to 12 units/acre.Residential uses comprise 76%of the developable area including open space;however, the gross density proposed of 3.0 units per acre is significantly below the target density noted in the guidelines for development in MU-N designated areas. Because this site does abut a future highway, staff has also calculated what the residential acreage would be if the buffer along the state highway was removed. With the buffer removed, the developable acreage would total approximately 21.22 acres; increasing the density for 3 units to the acre to 4.38. Staff is of the opinion that additional density can be accommodated within the proposed development. The applicant could provide a more diverse mix of dwelling units in the form of alley-load, townhomes, or secondary dwelling units, as submitted one type of dwelling is proposed. The feasibility of multi family in the area is desirable as there is no employment proposed for the portion of the property that is mostly residential. Staff anticipates higher densities to development on the property directly south of this one based on its designation of Mixed-use Regional. In making the finding for consistency with the plan the Commission and Council should determine if the proposed density is appropriate for this project due to the limiting factors noted in this section of the report. Page 7 Page 406 Item#4. • Non-residential buildings should be proportional to and blend in with residential buildings. Future civic buildings should comply with this guideline. • Three specific design elements should be incorporated into a mixed-use development: a) street connectivity,b)open space, and c)pathways. Street connectivity, open space and pedestrian pathways are proposed in this development and connect to the abutting residential development to the north and the future development to the south. • Unless a structure contains a mix of both residential and office, or residential and commercial land uses,maximum building size should be limited to a 20,000 square-foot building footprint. For the development of public school sites,the maximum building size does not apply.None of the proposed structures exceed a 20,000 square foot building footprint. • Supportive and proportional public and/or quasi-public spaces and places such as parks, plazas, outdoor gathering areas, open space,libraries,and schools should comprise a minimum of 10%of the development area. Outdoor seating areas at restaurants do not count towards this requirement.Although not on this site, a high school exists on the adjacent property to the west; a large amount of open space (S+/-acres) is proposed along the east boundary of the residential development abutting the SH-16 corridor.A total of 19.1% qualified open space is proposed overall. • Where the development proposes public and quasi-public uses to support the development above the minimum 10%,the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint.None are requested. • A straight or curvilinear grid or radiating street pattern is encouraged for residential areas, and most blocks should be no more than 500' to 600' long, similar to Old Town or Heritage Commons; larger blocks are allowed along arterial streets. The proposed development generally meets this guideline. The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) Only one housing type,single-family detached, is proposed in this development. Other housing types(i.e. single-family attached units, townhomes,secondary dwellings or multi family)could be added to this development for variety, which would increase the density of the development more in line with the guidelines for mixed use designated areas. However, because of the limited access to this site, Staff is hesitant to recommend more units be provided in this development. If Commission feels a variety of housing types at a higher density should be provided more in line with the MU-N designation, Commission should require revisions to the plat accordingly. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available in Chukar Ridge Subdivision to the north and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response time for the Police Dept.falls within the established goals. At this time, the emergency response time for the Fire Dept.falls outside of the 5-minute response time area; once Fire Station No. 8 is constructed in the summer of 2023, it will meet the response time goal. Page 8 Page 407 Item#4. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) Staff believes the proposed uses and site design are compatible with each other and with the existing high school to the west. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03.03A) The proposed development will connect to City water and sewer systems;services are required to be provided to and though this development in accord with current City plans. • "With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A) A 10 foot wide multi-use pathway is proposed within the common open space area adjacent to future SH-16, which stubs to the north and south for interconnectivity with adjacent development; other pathway connections are proposed to this pathway throughout the development. A pedestrian pathway is also proposed to the high school campus to the west.A substantial amount of usable open space&quality amenities is proposed in this development. • "Evaluate comprehensive impacts of growth and consider City Master Plans and Strategic Plans in all land use decisions (e.g.,traffic impacts, school enrollment, and parks)."(3.01.01A) A Traffic Impact Study(TIS) was required by ACHD for this development and was taken into consideration in ACHD's report. WASD submitted comments stating that approximately 93 school aged children are estimated to be generated by this development; enrollment at the affected schools is currently under capacity. The closest City Park to this site is Seasons Park, a neighborhood park consisting of 7.13 acres, to the southeast of W. Ustick Rd. and N.McDermott Rd.A future City Park is designated on the FL UM within a half mile of this site to the northwest. • "Require all development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed site design features a large linear common open space area as a transition and buffer between the proposed residential area and future SH-16. Lots proposed along the northern boundary are compatible in size and area with those in Chuker Ridge. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are proposed as required with this development. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan per the analysis above.Although the proposed density is below that desired in MU-N designated areas and there are no supporting services for the residential development, Staff believes the proposed development is appropriate for this area based on the lack of access available to the site from collector or arterial roadways. The LDS seminary and land proposed to be donated for a Boys& Girls Club will provide religious and childcare Page 9 Page 408 Item#4. facilities within close proximity to the high school on the abutting property to the west which will be a benefit for area residents and the community. V. UNIFIED DEVELOPMENT CODE ANALYSIS(UD0 A. Annexation: The proposed annexation area consists of 40 acres of land with R-8 (31..59 27.63 acres),L-O (1.64 acres)and M-E(6-.7q 10.72 acres)zoning districts. As discussed above in Section IV.,the uses proposed in this development are consistent with the MU-N FLUM designation. The proposed residential use(i.e. single-family detached homes) is principally permitted in the R- 8 district; future development should comply with the dimensional standards listed in UDC Table 11-2A-8. The LDS seminary(i.e. church or place of religious worship)is principally permitted in the L-O district, subject to the specific use standards listed in UDC 11-4-3-6;the Boys&Girls Club(i.e. civic, social or fraternal organization)is a conditional use in the L-O district, subject to the specific use standards listed in UDC 11-4-3-7; and research and development is a principal permitted use in the M-E district—future development should comply with the dimensional standards for the applicable district in UDC Table I1-2B-3. The property is contiguous to City annexed land to the north and west and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area along with individual legal descriptions and exhibit maps for the R-2 and R-4 zoning districts are included in Section VIII.A. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the development plan proposed with this application and with the Comprehensive Plan, Staff recommends a new DA is required with this application,containing the provisions noted in Section VIII.A, as discussed herein. Beeause a eeneeptual developmefft plan wasn't ineluded in this appheation for-the eofflffier-eial develepmen4 plan for-that;Vva ah-at is; eonsistent with the development guidelines in the Comprehensive-Plan for-the MU N designation. After the Commission hearing, a conceptual development plan was submitted for the commercial M-E zoned portion of the site that is consistent with the development guidelines in the Comprehensive Plan for the MU-N designation. B. Preliminary Plat: The proposed preliminary plat consists of a total of 112 lots consisting of(93)buildable lots and (13)common open space lots on 34.59 27.63 acres of land in the R-8 zoning district; (2) buildable lots on 1.64 acres of land in the L-O zoning district; (1)buildable lot on 6—.7-7 10.72 acres of land in the M-E zoning district; and(3)future right-of-way lots on 40 acres of land for Aviator Springs Subdivision. The future ROW for SH-16 totals 7.9 acres and the McDermott ROW is 0.8 of an acre. The subdivision is proposed to develop in two(2)phases as shown on the preliminary plat. The first phase will contain the land on the west side of future SH-16 and the second phase will contain the land on the east side. The Applicant requests approval for one building permit for the LDS seminary building to be issued prior to subdivision of the property. Because there are no structures on this property, Staff is amenable to the request. Page 10 Page 409 Item#4. Existing Structures/Site Improvements: There are no existing structures or site improvements on this property; it's currently agricultural land. Subdivision Design and Improvement Standards (UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets and block face. The proposed plat complies with these standards. Access(UDC 11-3A-3) Access is proposed to the western portion of the development via the extension of two(2)local streets from the north from Chukar Ridge Subdivision.A temporary emergency access easement has been granted to the subject property by WASD through the school property until such time as another acceptable secondary access is provided to the site that meets Fire Dept. requirements. Future SH-16 is planned to bisect this site on Lot 1,Block 5. Access is proposed to the eastern portion of the site via N. McDermott Rd. Direct access via future SH-16 is prohibited. One(1) stub street is proposed to the south for future extension and interconnectivity. Typically,a street generally paralleling the state highway is required with development to provide connectivity and access to all properties fronting the state highway that lie between the Applicant's property and the nearest section line road and/or half mile collector road.Because the developments to the north(i.e. Chukar Ridge&Gander Creek)did not provide such a road, Staff is not requiring one with this development. The stub street to the south is located at the back edge of the street buffer along future SH-16,which can be extended to the south to Ustick Rd. in accord with UDC 11-3H-4B.3. Parking(UDC 11-3C1: Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Garages and parking pads in driveways are proposed to satisfy this requirement. The proposed street sections accommodate on-street parking on both sides of the streets for guests in addition to driveway parking spaces on each lot; 146 spaces are proposed for guests in the residential area along with another 28 spaces as depicted on the parking plan in Section VII.E. Staff is of the opinion sufficient parking can be provided for this development. Off-street parking is also required for the 600 square foot building/changing rooms at the community swimming pool. A minimum of(1) space is required; a total of 11 spaces are proposed, including(1)ADA space,in excess of UDC standards. Pathways(UDC 11-3A-8): The Pathways Master Plan does not depict any required multi-use pathways on this property. A 10' wide multi-use pathway is proposed within the common open space area adjacent to future SH-16. The pathway is required to be placed in a 14-foot wide public use easement,which shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s)for Phase 1. Sidewalks(UDC 11-3A-17): Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17. Detached sidewalks are proposed within the development as depicted on the landscape plan. Parkways (UDC 11-3A-17): Eight-foot wide parkways are proposed along all internal public streets where detached sidewalks are proposed. All parkways should be constructed in accord with the standards listed in UDC 11- 3A-17E.Because tree-lined streets are desired in MU-N designated areas, Staff recommends Page 11 Page 410 Item#4. trees and landscaping are added within all parkways per the standards in UDC 11-3A-17E and 11-3B-7C. Landscaping(UDC 11-381: A 35-foot wide street buffer is required on both sides of future SH-16, a state highway and entryway corridor. Landscaping is required to be installed within the buffer per the standards listed in UDC 11-3B-7C,which require a mix of trees and shrubs, lawn, or other vegetative groundcover—shrub should be included in the buffer in accord with this standard.A dense buffer is proposed on the west side of future SH-16 consisting of a mix of deciduous&coniferous trees; shrubs should be added as required by UDC 11-313-7C. No buffer is depicted on the east side of future SH-16; a minimum 35-foot wide street buffer is required in a common lot or a permanent dedicated buffer with landscaping included on the landscape plan in accord with UDC standards. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. At a minimum, one tree per 8,000 square feet of common area is required to be provided along with lawn or other vegetative groundcover. Landscaping is proposed in excess of UDC standards as shown on the landscape plan in Section VII.C. Landscaping is required adjacent to all pathways per the standards in UDC 11-3B-12C. A 5' wide landscape strip is required on both sides of pathways planted with a mix of trees, shrubs, lawn and/or other vegetative ground cover. The Landscape Requirements table should include the linear feet of pathway with the required vs.proposed number of trees to demonstrate compliance with UDC standards. Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B- 7C. The Landscape Requirements table should include the linear feet of parkways within the development with the required vs.proposed number of trees to demonstrate compliance with UDC standards. Qualified Open Space(UDC 11-3 A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required for developments over 5 acres in size. Based on the area of the plat,40 acres, a minimum of 4 acres of qualified open space is required. The open space exhibit in Section VII.D depicts 7.64 acres(or approximately 23.8%) of common open space for the development in excess of the minimum standards. The exhibit includes all of the street buffer along future SH-16,whereas only 50%of the buffer qualifies per UDC 11-3G-3B.4; however,the amount of open space still exceeds the minimum standards. Qualified Site Amenities (UDC 11-3G�• A minimum of one(1) qualified site amenity is required for developments over 5 acres in size and up to 20 acres,with one(1)additional amenity required for each additional 20 acres of development area. Based on a total of 40 acres of the residential development area, a minimum of two (2) qualified site amenities are required.A swimming pool with changing rooms,pedestrian pathways, additional qualified open space of at least 20,000 square feet in area and children's natural play structures are proposed as amenities in excess of the minimum UDC standards. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Limited Geotechnical Engineeringeport for the subdivision. Page 12 Page 411 Item#4. Pressure Irrigation(UDC 11-3A-1 : Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. Utilities (UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Waterways(UDC 11-3A-6): The Eight Mile Lateral is a large open waterway that crosses the southwest corner of the site lies within a 50-foot wide irrigation easement that is proposed to be piped. The UDC allows waterways such as this to remain open when used as a water amenity or linear open space as defined in UC 11-1A-1; otherwise,they are required to be piped or otherwise covered per UDC 11-3A-613. The decision-making body may waive this requirement if it finds the public purpose requiring such will not be served and public safety can be preserved. Fencing(UDC 11-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall open vision metal fence is proposed adjacent to internal common open space areas to distinguish common from private areas. A 6-foot tall solid vinyl fence is proposed at the back edge of landscape buffers along local streets and at the rear of building lots facing future SH-16. A 6 Noise Attenuation Wall(11-3H-4D): Noise abatement is required for residential uses adjoining a state highway. A berm or berm and wall combination is required to be constructed parallel to the state highway that meets the standards listed in UDC 11-3H-4D. A 6-foot tall fence/wall is proposed on the landscape plan that does not meet the required standards as there is no berm proposed. In accord with City Council's direction on previous developments to the north (i.e. Chukar Ridge& Gander Creek subdivisions),Staff recommends a 6-foot tall berm with a 6-foot tall wall on top of the berm is constructed within the buffer along future SH-16.The berm/wall is required to be a minimum of 10-feet higher than the elevation at the centerline of the state highway; the wall must meet the standards in UDC 11-311-41).3.A detail of the proposed berm/wall combination that demonstrates compliance with the standards listed in UDC 11-311-41) and as recommended by Staff should be was submitted with the*ir^' ^'^* for-the first phase of developm after the Commission hearing.Alternative compliance may be approved by the Director as set forth in UDC 11-5B-5 where the applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer per UDC 11-3H-4D.4. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Two(2)conceptual building elevations were submitted for future homes in this development as shown in Section VII.G. Single-family detached dwellings are exemptfrom the design standards in the Architectural Standards Manual. A Certificate of Zoning Compliance and Design Review application shall be submitted for the non-residential portions of the development and approved prior to submittal of applications for building permits. All non-residential structures shall comply with the design standards listed in the Architectural Standards Manual. Because homes on lots that abut future SH-16 will be highly visible,the rear and/or side of structures on lots that face the highway should incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses,step-backs,pop-outs), bays,banding,porches,balconies,material types, or other integrated architectural elements Page 13 Page 412 Item#4. to break up monotonous wall planes and roof lines that are visible from the subject public street.Single-story structures are exempt from this requirement. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat with the requirement of a DA with the conditions noted in Section VIII per the Findings in Section IX. B. 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 AZ and PP requests. 1. Summary of Commission public hearing_ a. In favor: Matt Adams, The Land Group b. In opposition:None C. Commenting: Todd Tucker,Boise Hunter Homes(BHH) d. Written testimony: None e. Staff presenting,pplication: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. BHH requested the stub street to the south be shifted further to the east to align with the planned location of the street in their future development; b. The Applicant stated they'd like to pursue development of the LDS seminary and residential portions of the development first and restrict development of the Boys Girls Club lot until a second public street access is available consistent with the ACHD conditions of approval. 3. Key issue(s)of discussion by Commission: a. The single public street access to this development; b. Secondary emergency access and parameters of the M-E zone. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None Page 14 Page 413 Item#4. VII. EXHIBITS A. Annexation/Zoning Legal Descriptions& Exhibit Maps � TH LEGAL DESCRIPTION BLAND Page 1 OF GROUP July 9.2021 Project No.: 120124 EXHIBIT"N' ANNEXATION!REZONE AVIATOR SRINGS SU BID IVISION ACCLIMA INC, An area of land being the Northeast one quarter of the Southeast one quarter of Section 32, Township 4 North,Range 1 West,Eloise Meridian,Ada County,Idaho,being more particularly described asfollvws: BEGINNING at the East One Quarter corner of said Section 32(from which the Southeast corner of said Section 32 bears South 00'29'50"West,2633.22 feet distant); Thence South 00'29'5W West,13 16.11 feet,to the South One Sixteenth East corner of said Section 32; Thence North 89'20'147'West, 1324.23 feet,to the Southeast One Sixteerth corner of said Section 32; Thence North 00'33'03" East,1316.33 feet,to the Center East One Sixteerrth corner of said Section 32; Thence South 89'1Y 39r'Easy, 1323.00 fieet,to the POINT OF BE(3INNIN 3: The above described area of land contains 40.0 acres,mere or less. PREPARED BY: The Land Group,Inc. Michael Femeniar PLS Q� D OF 1 �4%9 Page 15 Page 414 Item#4. CE lfI th S699i 023.00' E7/4 f — — _ an S_32 PIIN + i Annexation I Rezone for Accltma Inc. Being the HE 1 A of the SE 1 A of Section 32 Township 4 North.Range 1 West.Boise Meridian Ada County.Idaho I 2021 va w MINE1LAMN j REZONE AREA=±40.0 Acres NE OFTHE SE 1-3 I I . } SE 1j1M 5 1JIM E — — — f'l89+'2+U14'4hI132423' — I ,4NL LA 5.32 T 3a- 0 � 1 � s.5 s_a- L SE CDR SEC 32 OF S. Exhihit 'B" 25 ' 2 Horizontal Scale:1'=25(Y 12U194 � o-�e��s�uarre:JuY�s,2UZ11 t � THE Annexation I Rezone �— a LAND Aviator Springs Subdivision � �y 11MIMEdDROUP Acclima Inc. VH Page 16 Page 415 Item#4. LEGAL DESCRIPTION THE L A N D Page 1 OF 2 GROUP October 18,2021 Project No.:120194 EXHIBIT"A" AVIATOR SRINGS SUBDIVISION ACCLIMA INC. ZONE R,8 REZONE DESCRIPTION A parcel of land located in the Northeast Quarter of the Southeast Quarter of Section 32,Township 4 North, Range 1 West,Boise Meridian,Ada County,Idaho, being more particu larly described as follows: Commencing at the East Quarter Corner of Section 32 of said Township 4 North,Range 1 West, [from which point the South 1/16th corner common to Section 32 and Section 33 bears South 00°29'50"West, 1316.11 feet distant); Thence North 89°19'39"West,a distance of 262.39 feet on the east-west mid-section line of said Section 32 to a point of curve,said point being the POINT OF BEGINNING; Thence 673.35 feet on the a rc of a curve to the left,said curve having a radius of 13,000.00 feet, a central angle of 02'58'04",a chord bearing of South 08"15'S9"West,and a chord length of 673.28 feet on the proposed centerline of Highway 16; Thence South 09'45' 00"West,a distance of 657.04 feet on the proposed centerline of H ighway 16 to a point on the south line of said Northeast Quarter of the Southeast Quarter of Section 32; Thence North 89'20'14"West,a distance of 865.18 feet on said south line to the southeast 1/16th corner of said Section 32; Thence North 00'33'03"East,a distance of 570.42 feet on the west line of said Northeast Quarter of the Southeast Quarter of Section 32; Thence South 89"25'18"East,a distance of 217.12 feet; Thence North 00'40'21"East,a distance of 176.Q0 feet; Thence North 89'25'18"West,a dista noe of 217.49 feet to a point on the west line of said Northeast Quarter of the Southeast Quarter of Section 32; Thence North 00'33'03"East,a distance of 19.62 feet on said west line; Thence South 89"25'18"East,a distance of 217.54 feet; Thence North 00'40'21"East,a distance of 155.94 feet; Thence North 89'19'39"West,a distance of 41.70 feet to a point of curve; Thence 25.23 feet on the arc of a curve to the right,said curve having a radius of 67.00 feet,a central angle of 21"34'42",a chord bearing of North 78"32'18''West,and a chord length of 25.08 feet; Thence South 22"15'03"West,a distance of 11.20 feet; Thence North 89'25'18"West,a distance of 147.39 feet to a paint on the west line of said Northeast Quarter of the Southeast Quarter of Section 32; 462 East Shore Drive,suite 100_Eagle. Idaho 03616 208.938_4041 thelandgroupinc_com Page 416 Item#4. October 19,2021 Page 2 Thence North 00'33'03" East,a distance of 399.96 feet on said west line to a point on the east-west mid-section line of said Section 32; Thence South 89"19'39"East,a distance of 1060.61 feet on said mid-section line to the POINT OF BEGINNING. The above described contains 27.63 acres more or less. PREPARED BY: The Land Group,Inc. P. '7880 10-19-2021 1P O Ot�4 James R.Washburn R WA,� Page 18 Page 417 Item#4. CE 1116th N8919'391W 1323,00, S.32 S.33 589°19'39"E 1060.61' 262.39' 522-15-03-W 11.20' C2 PDB E1/4 07 N89'25'18"W I .--- — -- II 147.39 N89°19'39"Plr T; I } + M 41.70' r1 x I� wI !U v ua Im 589'25'18"E 21IT54 _ p ' w — NOW33'031 19.62' _ r c '18"W 217.4 -- I — °25—N89 9 0 0 o a � — u7 N WI �I DETAIL o i $ Q I � I" $ LL cm58 a----672 '18'—E217.12'----� Ic DETAIL ZONE R-B SCALE:1"=100 AREA:1,203,692 I T2 i (27.63 AC) N89`20'14'W 865,18' _____ 459,05' 5E 1/16th —-- N89'20'14"W 132423' S 1/16th E Curve Table LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH � T a 880 �2 Cl 673.35' 13,000,00' 2°58'04' S081151591W 673.28' r 1 0/1 912 0 2 1 S.32 S.33 ° C2 25.23' 67,00' 21°3442' N78'32'18"W 25.08' T'qT�OF k��� S.5 5.4 ]?,WA SE COR SEC 32 0 250' 500' Exhibit "B" s_ 120194 Horeantal Scale;1'=250' Date of Issuance:1W1W021 THE Rezone Exhibit Mfg LAND Zone R-8 0 d CrOGROUP d�� Page 19 Page 418 Item#4. LEGAL DESCRIPTION THE LAND Page 1 OF MEL GROUP August 20,2021 Project No_:120194 EXHIBIT"A" AVIATOR SRINGS SUi3UIVISION ACCLIMA INC_ REZONE—ZONE L-0 A parcel of land located in the Northeast Quarter of the Southeast Quarter of Section 32,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho, being more particularly described asfollows: Corn mend ng at the East Quarter Corner of Section 32 of said Township 4 North,Range 1 West,(from which poi nt the South 1f16th cornercommon to Section 32 and Section 33 bears South00°29'50"West, 1316.11 feet distant); Thence North 89'19'39"West,1323.00 feet onthe east-west mid-section Iinetothe Center East One Sixteenth corner of said Section 32, Thence South 00°33'03"West,a distance of 399.96 feet on the west line of the Northeast Quarter of the Southeast Quarter of Section 32 to the POINT OF BEGINNING; Thence South 89'25'18'Easy,a distance of 147.39 feet; Thence North 22°15'03'East a distance of 11.20 feet to a point of curve, Thence 25.23 feet on the arc of a curve to the left,said curve having a radius of 67_OD feet,a centra I a ngle of 21'34'42",a chord bea ring of South 78"32'18'East,a nd a chord length of 2512 feet; Thence South 89'19'39'East,a distance of 41_70 feet; Thence South 00'40'21'West,a distance of 155.134feet-, Thence North 89'25'18"West,a distance of 217.54 feet to a point on the west line of the North east Qua rter of the So utheast Quarter of Section 32, Thence North 000 33'03'East,a distance of 150.33 fleet on said west line to the POINT OF BEGINNING. Th a above d es€ri bed parcel contains 33,162 square feet(0.76 acres)more o r less_ TO13MEFt WITH REZONE—ZONE L-0 A parcel of land located in the Northeast Quarter of the Southeast Quarter of Section 32,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho, being more particu la rly described as follows: Commendng at the East Quarter Corner of Section 32 of said Township 4 North,Range 1 West,(from which the South 1f 16th corner common to Section 32 and Section 33 bears South 00029,50"West, 1316.11 feet distant); 452 East Shore DFIVe, Salle 140, Eaglle. Mahn B31616 2a9.939 4a41 thelandgroupine corm Page 20 Page 419 Item#4. August 20,2021 Page 2 Thence North 89°19'39"West,1323.CO feet on the east-west mid-section line to the Center East One Sixteenth corner of said Section 32; Thence South 00°3T03"West,a distance of 569.91 feet on the west line of the Northeast Quarter of the Southeast Quarter of Section 32 to the POINT OF BEGINNING; Thence South 89 025'1r East,217.49 feet; Thence South 00°4('2 r West,a distance of 176.00 fleet; Thence North 89 025'18"West,a d ista nce of 217.12 feet to a point on the west line of the North east Qua rter of the So utheast Quarter of Section 32; Thence North 00°33'03"East 176.00 feet on said west line to the POINT OF BEGINNING_ The above described contains 38,246 square feet(028 acres) more or less_ PREPARED 6Y: The Land Group, Inc. �+ N "7880 : 9-20-2021 James R_Washburn rr pF� Site Planning•Landscape Architertu re■UVil Engineering•Surveying 462 E_Shore Drive,Su'rte 100.Eagle,Idaho 83616+P 208.939AM1+www_thelandgroupin€_cam Page 21 Page 420 Item#4. C E 1}1ljttt � N99`f 9'3�'ywf 1323.OD' E1{4 —-- 5-33 r — — — — — 5-32 N22'15?03'E 11.29--\ I 747.3g" M919-39-E �o POBg1 41-79' I ZONE L-0 r— �•��• —� Mw" AREA±33,162 FV 1 �I r r f+199°291M 217.54' � r j ses57a'—�i�.asr DETAIL r + ZONE L-0 I AREA±3d,2ilS W T I � Q I I r N895'18'SY— I DETAIL I 5E 11161h — — SCALE:1'=1 OLI' S 1{I Btlr E 1 F19�°2b14"W 1324.23' � LA � r Curve Table 6I� r o CURW LEN" RADIUS Or-.-A L[IORD HEARING CHORD LENGTH - 0- 021� G1 25.23' 67.00' 21'34'4� S78'32115'E 25.09 S-32 S-33 )0 5.5 5-4 �',k WA SE COR SEC 32 —+ r Exhibit mBm 0 250 501Y Hodzontal Scab:1'=L1170 120194 Din of 6sUa E:MI 1,TD21 THE Rezone Exhibit LAND Zane L-0 0 - RDUP Page 22 Page 421 Item#4. �� ��, LEGAL DESCRIKION .: .` THE 10 LAND Page 1 OF 1 �. GROUP October 19,2021 Project No.:120194 EXHIBIT"A" AVIATOR SRINGS SUBDIVISION ACCLIMA INC. ZONE M-E REZONE DESCRIPTION A parcel of land located in the Northeast Quarter of the Southeast Quarter of Section 32,Township 4 North, Range 1 West,Boise Meridian,Ada County,Idaho,being more particularly described as follows: Commencing at the East Quarter Corner of Section 32 of said Township 4 North,Range 1 West, (from which point the South 1/16th corner common to Section 32 and Section 33 bears South 00°29'50"West, 1316.11 feet distant),said East Quarter Corner of Section 32 being the POINT OF BEGINNING; Thence South 00"29'50''West,a distance of 1316.11 feet on the east line of said Section 32 to the South 1r16th corner common to Section 32 and Section 33; Thence North 89'20'14"West,a distance of 459.05 feet on the south line of the Northeast Quarter of the Southeast Quarter of Section 32; Thence North 09'45'00"East,a distance of 657.04 feet to a point of curve; Thence 673.35 feet on the arc of a curve to the right,said curve having a radius of 13,000.00 feet,a central angle of 02'58'04",a chord bearing of North 08'15'59"East,and a chord length of 673.28 feet to a paint on the east-west mid-section line of said Section 32; Thence South 89'19'39"East,a distance of 262.39 feet on said mid-section line to the POINT OF BEGINNING. The above described parcel contains 10.72 acres more or less. PREPARED BY: The Land Group,Inc. LAN'0 .0 a 7880 1D-19-2021 dy 9T or James R.Washburn .WA� 462 East Shore Drive,Suite 100,Eagle, Idaho 83616 208.939.4041 thdandgraupinc.com Page 23 Page 422 Item#4. E114 z 1 S.33 589°19'39"E 1323.00' POe — CE 1 J16th — — 1060.fi1' — — � i 262.39" S.32 I � 1 r r r � F3 ZONE M-E r r AREA:467,071 W (10.72AC) g �w PROPOSED CENTERLINE OF HIGHWAY 16 — r �r r r r � 865.18' 459,05' 1,LA1Vb SE 1,116th N89°20'f4"W 1324.23' S 11167E Curve Table 7880 CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH a 1 011 81202 1 r �° C1 673.35 13,000,00' 2a58'04' Mall 659"E 673.28' S.32 S.33 R,w S.5 S.4 T SE COR SEC 32 a s E 0 250' 500' Exhibit "B" s 3 i Horizontal Scale:l'=250 12C194 Date(if Issuance:1gr W021 # s a � THE Rezone Exhibit r LAND Zone M-E o GROUP r Page 24 Page 423 Item#4. B. Preliminary Plat&Phasing Plan (date: °/%r12/2/21)-Revised gig!Yicioily eP: s e N THE e !I LAND L_ •~W Beeelo�er. rJrlrr= Planner,Engineer,Landscape AmAirect: �,.� I' I .J dd• ��_ it —�— r•rem„y.�,��. �y�.��s� y ....� --- J :• ..' ' .. emu Pwlect Summary: C �. �.., m r J r JLJLJI e Berrchmarl.NAYB•BB Dan. I r_ .I�±lu..'yr.'Iwi1_.!1=•1.=i'`1 � '_'� I� - �-_ iLW LJ L JL 11�iwi�ia jE Ionirg Requirement LJ JLs'LJL -ate ----- ------- Preliminarg Plat-Overview 4i v .•- PP-01 Page 25 Page 424 �' �11l111s � ra I e L ��,,E3R�11�l�►��� - a m 00 �. 111111 ®il�lriifi .. 0■ �fi, .o ��►� 111111�, �q F- ,. ®d, SSSIvrl■ri �-•_ r �t Item#4. r� LAND aoM IaItlB:Bpe Butter-conmctlnlm polar Wage 9JGGnngn G O 3 H J C13J !A� a ao�ne 8�91e t p A �I C3reoemrannu.yeamaaurs�gaiarea r ��•���• Phi LPm03 Page 27 Page 426 Item#4. D. Open Space Exhibit(dated: 9/3/21) OPEN SPACE CALCULATION: I I QUALIFIED OPEN SPACE: a I 332,967 SR FT Q= TOTAL BOUNDARY SQUARE FOOTAGE: W=C uwe RINE Tueo1rIsIEN• 2,506-SF i 1,742,400 SQ FT =act I= 4,783-SF — ' i BOUNDARY SQUARE FOOTAGE MINUS HWY 16- Ca 4,169-SF r 1,399,10E SIG FT _ PCT.OF QUALIFIED OPEN SPACE OVERALL= 1 19.1% PCT.OF QUALIFIED OPEN SPACE MINUS HWY 16- 238% IS/►1'I1i■ . ALL 8,365-SF ; �I --- , "NOTE-OPEN SPACE CALCULATIONS DEPICTED ON - THIS SHEET ONLY INCLUDE FUNCTIONAL OPEN SPACE AREA COMMON/OPEN SPACE LOT CALCULATION ON PRE-PLAT OVERVIEW INCLUDES 10,873 SF GEA AND THE EC R E SE CONDARY MERG NCY ACCESS.CALCULATIONS INCLUDE BOTH _r 215,356-SF RESIDENTIAL AND COMMERCIAL USES. FUTURE HWY 16 LOCATION 7,126-SF Ism J 35,013-31' � Imo. C17 •"� -� 2.48C-S= a.. >Z 8-MIME L.-__A_IR:.1,3A.TIChJCm a 0 250' 50C' Cn g Preliminary Plat-Open Space Exhibit -cc d — �.. Horizonhal Scale:1"_?5T PrajedAo,:12h191 LP-04 �� Dale o1 I�NnCz D9,0.3JA21 Page 28 Page 427 Item#4. E. Parking Exhibit II Legend: 1 1 REGIOEMAL USE Q= OVERFLDWSTNEET PARKING WCD aw.awwu�Na,r 28 SPACES `=Q _ VNTOR OVERFLOW r CM 1 21 SPACES `�— SREEPFRRING I I 14 SPACES 5 SPACES _ UI 22 SPACES I�'. PARKING CALCULATIONS: RESIDENTIAL USE PARKING: III 3-4 BEDROOM RESIDENTIAL LOT P LOTS @ 4R}U] = REQUIRED:372 PROVIDED:372(INCLUDES COVERED I J GARAGE PARKING AND DRIVEWAYS 7 SPACESIN I� POOL AMENITY PARKING:(600 SF @ 1 PER 500 SF) 18 SPACES ff +II REQUIRED:2;1 ADA ILPROVIDED:10;1 ADA li RESIDENTIAL USE OVERFLOW STREET PARKING: — 4 SPACES f REQUIRED:0 r19 J I PROVIDED-146 .y SPACES .=10 VISITOR OVERFLOW STREET PARKING: fl j I' REQUIRED-0 + PROVIDED:28 C4 v Ch SPALS� j 'I =J 12 SPACES Ca 1 17 717 1 CA i17 r 3 17 SPACES_J y, i >Z 3 h CJ a29 0 250' 50c, Cr) y d g Preliminary Plat-Parking Exhihit d 4 — LP-05 �.. Horizorrtal Scale =25ff ar4ec+wo,:nG I�s� 1 D31c 0 Isom 09,0.3= .ma Page 29 Page 428 Item#4. F. Circulation Exhibit LANO 4 w = GROUP 91 FUTURE ELEMENTARY SCHOOL L- I CHUKAR RIDGE SUB 11 mom • -AcrwEarENr siruFr '-- �- ,, • e o � ` OWMEEHIGH W SCHOOL ..... - x i a 31 a` cr 1. m = Il FUTURE � CL - BY OTHERS ENDEAVOR STREET = ' FUTURE BY OTHERS --.USHCK ROAD ui oN Surrounding Areas Ex Page 30 Page 429 G. Conceptual Building Elevations i' Low k,6� r 3 A �,yJl k r � _ Page 31 Item#4. H. Conceptual Development Plan(dated: 9/3/21) ProPerN - FEE,—, rsenrecoei¢ THE UND �...—.�.— El .. NM rreiece oeecnoton nntx nmtea ,.. �. semimemeno- I - -------------- armor 1 ---ASsHTRh r�7 o "&E2 < RA 0 a� i LDT1B1�5 16)� x =J �� ArA*' SOD ovo®DoaaoOti�•. e . �_ .�: •• pDpaOOD oovoa0000aoa��d' � = rArf A DODOpO D Dulaoopp.00.0 0 Q:• r A r D O O ooaoe®O[IOGOopn a Q A aDao0 0 oaoa00000a000 Q p p R •, :: 000000oo0ooaoo ------ ---- - 'iSi'f.VJ•�4VT. . . . .. .................... -----p---- - ------- - - -- t Preliminary Plat-Acclima Concept Plan Lot 2 Block 5 .. PP-11 Page 32 Page 431 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. Development of the subject property shall be generally consistent with the preliminary plat,phasing plan, landscape plan, open space exhibit, conceptual development plan and conceptual building elevations. b. A mix of uses shall be developed on this site consistent with that proposed(i.e. residential, church/civic and commercial) and as required in the MU-N designation. c. Pfie,-t deyel,,,,. en4 f the AST E�eaed...,t4ie .f the site the development. ee a4 shall be amended to inelude a eeneeptual development plan gia4 is eensistent with UDG standar-ds and the guidelines for-development in the MU N designation. if fnWfiple The commercial buildings ffe proposed in the development area on the east side of future SH- 16,the bu ldingr shall be arranged to create some form of common,usable area, such as a plaza or green space in accord with the development guidelines in the Comprehensive Plan for Mixed Use—Neighborhood designated areas and as shown on the conceptual development plan in Section VII.H. d. One building permit for the LDS seminary building shall be allowed prior to subdivision of the property. e. Noise abatement is required to be provided within the street buffer along future SH-16 in accord with the standards listed in UDC 11-3H-4D and as required by City Council in previous developments to the north(i.e. Chukar Ridge and Gander Creek Subdivisions - 6-foot tall berm with a 6-foot tall wall on top of berm). 2. The final plat shall include the following revisions: a. Depict a minimum 35-foot wide street buffer along the east side of future SH-16 in a common lot or on a permanent dedicated buffer on Lot 1,Block 5; include a note stating the buffer will be maintained by the property owner or business owner's association in accord with UDC 11-313-7C.2. b. Include a note prohibiting access to future SH-16. 3. The landscape plan submitted with the final plat shall be revised as follows: a. Add Class II trees and landscaping within all parkways within the development in accord with the standards listed in UDC 11-3A-17E and 11-313-7C as desired in MU-N designated areas. b. Depict a minimum 35-foot wide street buffer along the east side of future SH-16 either in a common lot or a permanent dedicated buffer on Lot 1,Block 5; depict landscaping within the buffer in accord with the standards listed in UDC 11-313-7C. Include shrubs within all required street buffers. Page 33 Page 432 Item#4. c. Include calculations in the Project Calculations table that demonstrate compliance with the standards for pathway(11-3B-12C)and parkway(11-3B-7C)landscaping; include required vs.provided number of trees. d. Include a detail of the berm or berm and wall combination required for noise abatement along future SH-16 that demonstrates compliance with the standards listed in UDC 11- 3H-4D and is consistent with what City Council required on previous developments to the north(i.e. Chukar Ridge&Gander Creek—a 6-foot tall berm with a 6-foot tall wall on top of the berm); or apply for alternative compliance as allowed by UDC 11-3H-4D.4 as set forth in UDC 11-513-5. 4. A 14-foot wide public use easement shall be submitted to the Planning Division for the multi- use pathway within the common open space area along future SH-16 prior to submittal of the Phase 1 final plat for City Engineer signature. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district and 11-2B-3 for the L-O and M-E zoning districts. 6. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 7. The rear and/or sides of structures on lots that are visible from future SH-16 shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections, recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 8. Non-residential buildings shall be proportional to and blend in with residential buildings as set forth in the Comprehensive Plan. 9. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council(i.e. the Eight Mile Lateral). 10. A conditional use permit application is required to be submitted and approved for the Boys and Girls Club(i.e. civic, social or fraternal organization)in the L-O zoning district as required by UDC Table 11-2B-2. Compliance with the specific use standards listed in UDC 11-4-3-7 is required. 11. A Certificate of Zoning Compliance and Design Review applications shall be submitted for the non-residential portions of the development and approved prior to submittal of applications for building permits. All non-residential structures shall comply with the design standards listed in the Architectural Standards Manual. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 The geotechnical investigative report prepared by GeoTek,Inc. indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations. 1.2 The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid with the first final plat application. Page 34 Page 433 Item#4. 1.3 The applicant shall be required to pay the Oaks Lift Station Pump Upgrades Reimbursement fees in the amount of$185.43 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid prior to city signatures on the first final plat. 1.4 Ensure infiltration trenches are located so that sewer service lines do not pass through them. 1.5 Install blow-off valve per standard drawing W 13 at the southern property boundary. 1.6 Ensure no permanent structures(trees, fences,bushes,buildings, car ports,trash enclosures,infiltration trenches, light poles, etc.)are placed within utility easements. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 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. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 35 Page 434 Item#4. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used,or provide record of their abandonment. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.17 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.19 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.orglpublic_works.aspx?id=272. Page 36 Page 435 Item#4. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=237898&dbid=0&repo=MeridianC i &Cr=1 D. POLICE DEPARTMENT https://weblink.meridiancity.orgj ebLink/DocView.aspx?id=237478&dbid=0&repo=MeridianC ky E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancity.orgj ebLink/DocView.aspx?id=239097&dbid=0&repo=MeridianC ky F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancioy.orglWebLinkIDocView.aspx?id=238412&dbid=0&repo=MeridianC ity G. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=239724&dbid=0&repo=MeridianC Lty H. COMMUNITY DEVELOPMENT SCHOOL IMPACT ANALYSIS https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=239278&dbid=0&repo=MeridianC hty I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianci , .org/WebLink/DocView.aspx?id=240021&dbid=0&repo=MeridianCi ty J. PARK'S DEPARTMENT https://weblink.meridiancitE.ory WWebLinkIDocView.aspx?id=240082&dbid=0&repo=MeridianC hty Page 37 Page 436 Item#4. 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; Staff finds the proposed zoning map amendment to R-8,L-O and M-E and subsequent development is generally consistent with the Comprehensive Plan due to surrounding land uses, existing development patterns,future extension of Hwy 16 and limited access. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the proposed map amendment will allow for the development of single- family detached homes which will contribute to the range of housing opportunities available within the City consistent with the purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The Commission finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The Commission finds the proposed annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is generally consistent with the adopted Comprehensive Plan due to surrounding land uses, existing development patterns,future extension of Hwy 16 and limited access. (Please see Comprehensive Plan Policies in, Section IV. of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) Page 38 Page 437 Item#4. 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Staff finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc). (See Section VIII for more information) 5. The development will not be detrimental to the public health,safety or general welfare; and, The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The Commission is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 39 Page 438