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2022-11-09 Regular City Council Regular Meeting City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Wednesday, November 09, 2022 at 6:00 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Treg Bernt Councilman Luke Cavener Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ABSENT Councilwoman Liz Strader Councilwoman Jessica Perreault PLEDGE OF ALLEGIANCE COMMUNITY INVOCATION ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Bernt, Councilman Cavener, Councilman Borton, Councilman Hoaglun 1. Approve Minutes of the October 25, 2022 City Council Work Session Meeting 2. Approve Minutes of the October 25, 2022 City Council Regular Meeting 3. Final Plat for Apex Northwest Subdivision No. 3 (FP-2022-0032) by Brighton Development, Inc., generally located in the northwest corner of Locust Grove Rd. and E. Lake Hazel Rd. 4. Final Order for Grayson Subdivision (FP-2022-0025) by Robert Campbell, The Camco Group, LLC., located at 1710 E. Amity Road and S. Locust Grove Rd. 5. Final Order for Prescott Ridge Subdivision No. 2 (FP-2022-0029) by KM Engineering, LLP., generally located in the north 1/2 Section 28, T.4N., R.1W. 6. Findings of Facts, Conclusions of Law for Matador Estates Subdivision (H-2022- 0043) by Quantum LTD, Inc., located at 1235 E. McMillan Rd. 7. Findings of Fact, Conclusions of Law for Denial of Overland & Wells II (H-2022- 0030) by Morgan Stonehill Partners, located at 2600 E. Overland Rd. 8. Development Agreement (Shops at Victory H-2022-0060) Between the City of Meridian and WL Victory Crossing LLC for Property Located at the Southeast Corner of S. Eagle Rd. and E. Victory Rd. 9. Development Agreement (1160 W. Ustick Rd. aka Wood Rose Apartments H-2021- 0092) Between the City of Meridian and The Housing Company for Property Located at 1160 W. Ustick Rd. 10. Subrecipient Agreement Between City of Meridian and Meridian Area Senior Citizens Association, Inc. For Program Year 2022 Community Development Block Grant Funds 11. Fiscal Year 2023 Net-Zero Budget Amendment in the Amount of $12,845,509.00 to Accept American Rescue Plan Act (ARPA) Funds 12. Resolution No. 22-2353: A Resolution Establishing the Reappointment of Pam Jagosh to Seat 5 of the Meridian Historic Preservation Commission; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] PROCLAMATIONS \[Action Item\] 13. National Apprenticeship Month Proclamation PUBLIC FORUM – Future Meeting Topics ACTION ITEMS 14. Public Hearing for 2022 Impact Fee Study Continued to November 15, 2022 Link to Impact Fee Study: https://bit.ly/2022-impact-fee-study Motion to continue to November 15, 2022 made by Councilman Borton, Seconded by Councilman Hoaglun. Voting Yea: Councilman Bernt, Councilman Cavener, Councilman Borton, Councilman Hoaglun 15. Public Hearing for Proposed 2022-2023 Winter/Spring Fee Schedule of the Meridian Parks and Recreation Department 16. Resolution No. 22-2354: A Resolution Adopting the 2022-2023 Winter/Spring Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilman Bernt, Councilman Cavener, Councilman Borton, Councilman Hoaglun 17. Public Hearing for Lost Rapids West (SHP-2022-0014) by KM Engineering, generally located on the south side of W. Chinden Blvd., 1/4 mile west of N. Ten Mile Rd. Continued to December 6, 2022 Application Materials: https://bit.ly/SHP-2022-0014 A. Request: Short Plat to re-subdivide one (1) building lot (Lot 4, Block 1, Lost Rapids Subdivision) into two (2) building lots on 1.35 acres of land in the C-G zoning district. Motion to continue to December 6, 2022 made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Bernt, Councilman Cavener, Councilman Borton, Councilman Hoaglun 18. Public Hearing and Second Reading of Ordinance 22-2002: An Ordinance Amending Meridian City Code Section 6-2-1 Adding Definitions of Animal Control Agency, Animal Control Officer, Animal Control Shelter, At-Risk Dog, Bite, Dangerous Dog, Euthanasia, Justified Provocation, Physically Attack, Provoke, and Serious Injury, and Deleting Definition of Vicious Dog; Amending Meridian City Code Section 6-2-2, Regarding Animal Control Officers, City Animal Shelter, and Animal Control Agency; Repealing and Replacing Meridian City Code Section 6-2-6, Regarding Designation and Management of Dangerous or At-Risk Dogs; Amending Meridian City Code Section 6-2-8(P), Regarding Failure to Comply With Provisions Regarding Dangerous and At-Risk Dogs; Repealing Any Conflicting Ordinances; and Providing an Effective Date ORDINANCES \[Action Item\] 19. First Reading of Ordinance No. 22-2004: An Ordinance Accepting the 2022 Development Impact Fees Study; Adopting an Amended Capital Improvements Plan; Repealing and Replacing Meridian City Code Section 10-7-12(E)(2) Concerning Development Impact Fees; Voiding Conflicting Ordinances, Resolutions, and Orders; and Providing an Effective Date 20. Ordinance No. 22-2005: An Ordinance Annexing the Southwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, More Particularly Described in Exhibit “A,” Rezoning 4.54 Acres of Such Real Property from RUT (Rural Urban Transition) to R-15 (Medium High-Density Residential) Zoning District; Directing City Staff to Alter All Use and Area Maps as well as the Official Zoning Maps and all Official Maps Depicting the Boundaries and the Zoning Districts of the City of Meridian in Accordance with this Ordinance; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; Repealing Conflicting Ordinances; and Providing an Effective Date Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Bernt, Councilman Cavener, Councilman Borton, Councilman Hoaglun FUTURE MEETING TOPICS ADJOURNMENT 6:42 p.m. Meridian City Council November 9 , 2022. A Meeting of the Meridian City Council was called to order at 6:01 p.m., Tuesday, November 9, 2022, 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, Bill Parsons, Todd Lavoie, Shawn Harper 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 it is November 9th, 2022, at 6:01 p.m. -- I should have said Wednesday, just for the necessity of meeting on Wednesday once a year. We will begin tonight's regular City Council meeting with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you could all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Next up will be the community invocation, which will be delivered by Pastor Mark Thornton of Capital Church. If you would all, please, join us in the community invocation or take this as a moment of silence and reflection. Thornton: Please join us in prayer. Hallelujah, Father God. Again, we thank you for this day that you have made and one that we purpose to rejoice and be glad in. We thank you for the opportunity to live in such an amazing community that is led by such amazing leaders, Lord, and we pray for all those on the City Council, Heavenly Father, and all of those in this room who are striving to make this a better place to live, Heavenly Father. I pray for your wisdom, I pray for your guidance, I pray for your discernment, Heavenly Father. I pray that as they rule that they rule with integrity, Lord, and discernment, Heavenly Father, knowing what it is that you have called us to be as a community of faith Meridian City Council November 9,2022 Page 2 of 18 and a community of people, Heavenly Father, and I pray, God, for every ounce of virtue and energy that they expend in trying to make this a better community, God. I pray that you would pour it back on them, press down and shaken together and running all over, Heavenly Father, as they give of their time and of their energy, Heavenly Father, as they sacrifice their lives, Heavenly Father, for this community, God. I pray that you would strengthen their marriages, that you would strengthen their families, Lord, that nothing that is important to them would suffer because of the time and the energy that they are giving to make Meridian such an amazing place, Lord. And so we thank you again for the opportunity to come before you asking for your wisdom and discernment as they rule and we give you all the glory and all the praise in Jesus name. Amen. ADOPTION OF THE AGENDA Simison: Next up is the option of the agenda. Hoaglun: Yes, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: One of the items on tonight's agenda, Item 17, had a noticing error, so that is going to have to be renoticed and we will continue that to 12/16. So, anybody who might be online wanting to hear that or in the audience and -- and for staff, we would like to move that up to consider that first in the -- take the action first on that item, since it's going to be very quick, procedural vote to move that, and, then, we will follow with the rest of the action item. So, Mr. Mayor, with -- with that one minor change, I move adoption of the agenda as published. Borton: Second. Simison: I have a motion and a second to adoption the agenda as published -- or as noted for the amendment. All those in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the October 25, 2022 City Council Work Session Meeting 2. Approve Minutes of the October 25, 2022 City Council Regular Meeting 3. Final Plat for Apex Northwest Subdivision No. 3 (FP-2022-0032) by Brighton Development, Inc., generally located in the northwest corner of Locust Grove Rd. and E. Lake Hazel Rd. Meridian City Council November 9,2022 Page 3 of 18 4. Final Order for Grayson Subdivision (FP-2022-0025) by Robert Campbell, The Camco Group, LLC., located at 1710 E. Amity Road and S. Locust Grove Rd. 5. Final Order for Prescott Ridge Subdivision No. 2 (FP-2022-0029) by KM Engineering, LLP., generally located in the north 1/2 Section 28, TAN., R.1 W. 6. Findings of Facts, Conclusions of Law for Matador Estates Subdivision (H-2022- 0043) by Quantum LTD, Inc., located at 1235 E. McMillan Rd. 7. Findings of Fact, Conclusions of Law for Denial of Overland & Wells II (H-2022-0030) by Morgan Stonehill Partners, located at 2600 E. Overland Rd. 8. Development Agreement (Shops at Victory H-2022-0060) Between the City of Meridian and WL Victory Crossing LLC for Property Located at the Southeast Corner of S. Eagle Rd. and E. Victory Rd. 9. Development Agreement (1160 W. Ustick Rd. aka Wood Rose Apartments H-2021-0092) Between the City of Meridian and The Housing Company for Property Located at 1160 W. Ustick Rd. 10. Subrecipient Agreement Between City of Meridian and Meridian Area Senior Citizens Association, Inc. For Program Year 2022 Community Development Block Grant Funds 11. Fiscal Year 2023 Net-Zero Budget Amendment in the Amount of $12,845,509.00 to Accept American Rescue Plan Act (ARPA) Funds 12. Resolution No. 22-2353: A Resolution Establishing the Reappointment of Pam Jagosh to Seat 5 of the Meridian Historic Preservation Commission; and Providing an Effective Date Simison: Next up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Borton: Second. Meridian City Council November 9,2022 Page 4 of 18 Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agree to. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items removed from the Consent Agenda. PROCLAMATIONS [Action Item] 13. National Apprenticeship Month Proclamation Simison: So Item 13 will be a proclamation. Actually, did I skip over anything? No. Do we not have a public forum this evening? Did I skip over that? Oh. That's after this. I apologize. Next we will do the proclamation. So, is Mr. Bacon here this evening? Okay. If you will join me at the podium. So, Council, tonight we will be doing a proclamation that was requested by Jeffrey Bacon, the federal project manager at the Idaho Workforce Development Council and this is for National Apprenticeship Month. So, I will go ahead and read the proclamation and, then, turn it over to Mr. Bacon for some comments. Whereas National Apprenticeship Month is celebrating its eighth anniversary of raising awareness of the vital role registered apprenticeships provide in creating opportunities by allowing apprentices to earn while they learn and preparing a pathway to well paying careers in Meridian and across the nation and whereas registered apprenticeship programs enable employers to develop and train their future workforce, while offering career seekers affordable paths to secure high paying jobs and whereas Meridian recognizes the role of registered apprenticeship in expanding opportunities in our workforce for all qualified individuals who wish to contribute to Idaho's industries and whereas registered apprenticeship is a proven and industry driven training model that can build up a workforce for the jobs necessary to help our economy thrive, especially jobs in growth industries like manufacturing, healthcare, high tech, energy and construction and whereas the state of Idaho and Meridian recognize that registered apprenticeships deliver a critical talent pipeline that can help address our state's pressing issues, such as modernizing our cyber security response, addressing public health and strengthening our state's infrastructure. Therefore, I, Robert E. Simison, hereby proclaim November 2022 as National Apprenticeship Month in the City of Meridian and urged the residents of our community and communities across the country to recognize the value of and support apprenticeships during the week and throughout the year. Dated the 9th day of November 2022. So, I want to present this to you on behalf of myself and the City Council and the City of Meridian. Bacon: Thanks for the opportunity to be here. I won't take up too much of your time, but we are working to help employers and apprentices with the enrollment of registered apprenticeship programs. A large part of why we are doing this is it leads to quality jobs with good benefits for the employees and the employers get a talent pipeline that's steady Meridian City Council November 9,2022 Page 5 of 18 and good quality people. We want to keep Idahoans in -- in good jobs, so that they don't leave the -- leave the state. Thanks. PUBLIC FORUM — Future Meeting Topics Simison: Next item up is our public forum. Mr. Clerk, do we have anyone signed up on this item? Johnson: Mr. Mayor, we did not. ACTION ITEMS 17. Public Hearing for Lost Rapids West (SHP-2022-0014) by KM Engineering, generally located on the south side of W. Chinden Blvd., 1/4 mile west of N. Ten Mile Rd. A. Request: Short Plat to re-subdivide one (1) building lot (Lot 4, Block 1, Lost Rapids Subdivision) into two (2) building lots on 1 .35 acres of land in the C-G zoning district. Simison: Okay. Then with that we will move into our Action Items. First item up is Item 17, the public hearing for Lost Rapids West, SHP-2022-0014. Mr. Parsons, comments? Parsons: Mayor, Members of the Council, thank you. Yeah. Just wanted to let you know that the -- there is a discrepancy in -- in the noticing for this particular project, so we are asking -- I had a chance to talk it over with the applicant this afternoon before tonight's hearing, let them know that it will have to be renoticed and the staff report updated to reflect the correct project description and so we are hoping to have that placed on the November -- or, excuse me, the December 6th hearing is what the clerk has conveyed to me could be the next available date for that particular project. Simison: Thank you. Council, any questions for staff? Okay. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yes. I would move that we continue the public hearing for Lost Rapids West, SHP-2022-0014, to December 6th, 2022. Borton: Second. Simison: I have a motion and a second to continue this item. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is continued. Meridian City Council November 9,2022 Page 6 of 18 MOTION CARRIED: FOUR AYES. TWO ABSENT. 14. Public Hearing for 2022 Impact Fee Study Simison: So, the next item up is item for public hearing for 2022 impact fee study. We will open this public hearing with staff comments. Lavoie: Thank you, Mr. Mayor, Members of the Council. Appreciate the opportunity to present to you the 2022 impact fee study presented to you by the Impact Fee Committee. Mayor, if you don't mind I will take a quick second to acknowledge someone in the room, again, one of our fellow Council Members, Mr. Bernt. Just want to take my time to say congratulations to Mr. Bernt, soon to be Senator Bernt. We are proud of you. Congrats on the win this morning. So, again, just wanted to say thank you. Started to go a different direction, but, Senator Bernt, looking forward to calling you that starting January 1. So, back to the impact fee study. Yeah. The impact fee study -- again, we did hire a consultant, Dwayne Guthrie. He has the presentation ready for you. I'm going to hand this over to him. The study has been presented to the public via the agenda. So, again, with this we are going to have Dwayne present the study to you, Council, and to the citizens. We do have myself and some directors here to answer any questions about the Parks, Police or Fire Departments. So, with that I will hand this over to Dwayne Guthrie, our consultant, who put together this study. Thank you. Guthrie: Good Evening, Council Members. Let me just make sure you guys can hear me okay. Lavoie: You are good, Dwayne. Guthrie: Good. So, we have a quick slide show. This is a public hearing, so if you want me to I have about ten slides I can run through to provide some context for the people in the audience. The purpose of this is the formal adoption process now of the impact fees. If you remember we had a work session back in October -- early October. You had a chance to hear this presentation. The fees have not changed since then, but you have had time to reflect on the document and get input from people in the community. So, hopefully, we are at a point where we can proceed. The update is required in Idaho periodically. We are actually accelerating the update, because your community, Meridian, has grown faster over the last few years than we anticipated and so not only has that caused the revenues to come in, but it's also accelerated our capital program. So, the city was at the point of needing to identify some additional projects for the -- for the capital program that's required by Idaho Impact Fee Act. The second reason for the update is that capital costs have increased significantly over the last few years, so staff definitely wanted to give their input on the latest cost factors, which are summarized in this slide. We are looking at three different impact fees. Parks and Recreation, those are the rows that are shown in green here on this slide. Police impact fees shown in blue. And, then, Fire at the bottom shown in red. And so for each one of these what we have done -- it's a very quantitative process where we have to show our work and show that the fees are -- are proportionate and so we identified infrastructure standards, both the amount that Meridian City Council November 9,2022 Page 7 of 18 we have today versus the amount from the previous study and, then, we have cost factors for each one of those line items and you can see generally across the board the infrastructure standards have gone up -- up. Meridian's invested a lot in capital items over the last few years. So, there has been slight increase in your infrastructure standards. The biggest increase, though, has been in the cost factors and you can kind of see the way things -- we assume cost back in 2019 versus the updated cost for the 2022 study and the last column just kind of does a simple math to show the ratio of the previous cost to the today's cost. So, a lot of those have gone up, you know, at least 14 percent. Some of them I have doubled and even almost tripled in some cases. Any questions on those? You have heard this presentation, so this is more or less for the folks in the audience, but if you have questions feel free to ask. So, here is the general method. We --we are basing the fees on current standards. So, for each one of the three we have identified the cost components and what the standards are and, then, we have to allocate those to residential development for the parks fee and, then, for Police and Fire, it's residential and nonresidential development. So, we use functional population to do that cost allocation. That's basically a -- the math is based on residents in the community and jobs in the community, with some adjustments for commuting patterns. The capital program for Police is simple. We have one line item over the next ten years. Continuing on with the public safety training facility, referred to as phase three. It's going to be approximately 17,000 square feet at a cost of about 11.2 million dollars, which is slightly more than the impact fees eligible cost. So, there will be some other revenues that will help pay for that project. Here is the draft Police fees. The increase of infrastructure needed is at the top. The cost allocation that I mentioned is there to come up with a cost per service unit. So, the service unit for residential is a person and, then, we use vehicle trips pulling into nonresidential development as the cost allocation to differentiate fees between commercial development and all other types of development. So, the fees are slightly higher for commercial. They have higher trip generation rates. More calls for service due to shoplifting and crimes and -- at retail, restaurant type locations. So, those -- those are fees that are a little bit higher for police for retail. The next fee is fire. A little more complicated capital program. We can see over the next ten years we have additional stations. We have equipment, rolling stock for those stations, and we also have items to be added to make the stations and the rolling stock functional, so we have radios and cameras and personal safety gear, breathing apparatus, all those types of things are covered in their fee. So, together it's adding roughly 21 ,000 square feet of additional building space and about 6.6 million dollars in additional apparatus and equipment. So, together it's about a 25 million dollar capital improvement program and the impact fees will be paying for approximately 22 million of that. So, the draft impact fee for Fire, similar layout with the -- the infrastructure needed at the top. We allocate the cost to get fees by type -- I mean by size of housing unit, which are based on five different size thresholds and, then, we have the two nonresidential categories, same as we had for the Police- Fire. Again, the commercial fees are slightly higher for nonresidential for Fire Department. Capital program for Parks and Recreation includes some additional buildings, adding on to some parks, great, that are shown here in three different colors that help differentiate those -- or four different colors. Sorry. And, then, we are also adding some additional park sites down here at the bottom. This is a major addition to the fees this time around. We only had a very small allocation for additional park sites in the 2019 study, but the Meridian City Council November 9,2022 Page 8 of 18 new study is anticipating buying approximately 120 acres over the next ten years at a cost of 18 million dollars. So, that's a significant -- significant portion of the capital program. Altogether this is the most expensive capital program, 71 million dollars, and impact fees are paying for about 66.8 million. So, here is the three major categories for Parks. We have park improvements. We have the land for additional sites. And we have buildings. You can see the relative contribution of those to the total and, then, the fees are also done just for residential using the five size thresholds. So, altogether this is everything shown in yellow golden kind of shading here are the new fees. Here is the proposed total. Here is the current total. So, for instance, for the smaller size house the current amount is 1,095 dollars. The proposed amount is 2,606 dollars. So, that goes up 1,5111 dollars, which is about 2.4 times as much as the current fee. So, that's what this last column is. It's showing the increase. They are basically at least doubling for all the fees across the board and similar kind of results for nonresidential. So, that's my presentation. I will be glad to answer any questions from the audience or from Council Members and turn it back to you guys. Simison: Thank you. Council, any questions for Todd or Dwayne? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: So, I appreciate the presentation. I asked my questions a couple weeks ago or a month ago, whenever you originally made the presentation, so I don't have any questions. I -- I just hope that we hear a lot of feedback from folks about this one. This is -- this is -- this is a -- these are big increases and so I'm really interested to hear from, you know, our community partners and what their thoughts and feelings are about this. Simison: Thank you. Councilman Hoaglun. Hoaglun: Yes, Mr. Mayor. Thank you. Mr. Guthrie, I was just curious the process and previously served on Council when we were in the middle of a recession, so there wasn't a lot of growth going on, but if that comes about again -- I hope not, but, you know, there is talk of a potential downturn in the economy here in the near future, but we -- we never know. That crystal ball is always a little murky. But if that were to happen, of course, there is not as much growth, you don't have as much impact, but in terms of fees, we might find that cost of land goes down, the cost of housing goes down, supplies -- at what point do you recommend that we take another look at that if -- if the prices are going the other direction? Guthrie: Well, you are certainly free to update the fees as often as you want. The state requires you to update them every five years. This is, you know, basically, I think in your situation the city was anticipating a little shorter time frame, like this time around we are doing it three years. Basically, the amount of the fees -- or the methodology for the fees are self adjusting to the growth rate, so if development slows down, like you said, revenues will fall off and the need for capital improvements will also go away or slow Meridian City Council November 9,2022 Page 9 of 18 down. So, it's not a problem that you will be collecting a lot of money or that you have obligated yourself to that, none of the methodology assumes that you are going to be borrowing any money, so it's not like you have to be making debt service payments. So, I think you are in an okay situation. The only need would be if prices fall significantly, yeah, then, you could update the fees to -- to reflect that. Hoaglun: Yeah. Thank you. And, Mr. Mayor, comment? Simison: Councilman Hoaglun. Hoaglun: Yeah. I appreciate that. And that's something we need to keep a close eye on. I mean growth needs to pay for--for the things that we need and that's where the impact's coming from because of the growth. We need these additional facilities, the vehicles, land for parks, but at the same time if -- if we hit a slow down and it is a quite the lengthy period of time and costs go down, then, that fee becomes a larger percentage of the cost of that -- that -- that home. So, just something we just have to be aware of, that it's just -- you don't set it and wait five years and, then, look at it again type of thing. But if the economic conditions change we just have to be aware of that. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe a question for Mr. Lavoie or for you, Mr. Mayor, but if -- if I recall if -- if that was something, too, that the Council grew concerned about and I think it's something that's obviously top of mind for all of us, the Council could suspend collecting impact fees for a certain period of time as well in maybe an effort to spur economic growth if we felt that was necessary. There isn't anything that would prevent us from suspending these, is there? Simison: There is nothing to suspend, but I think the city has to pay the -- for the cost for them if they are waived. Nary: So, Mr. Mayor, Members of the Council, I could add one more thing. One of the things we did during the recession, like Council Member Hoaglun was talking about, is we made them do it at C of O, instead of at building permit, so that they had an opportunity to actually get the construction started. So, there are other ways to adjust if we need to consider that, depending on -- on that -- on the economy and what the building looks like. But there certainly are ways to do that. But I would agree with Mr. Mayor that simply waiving the fee means that the city, then, will have to make up that fee. Cavener: Great. Thank you, both. Appreciate that. Simison: And maybe just to play this out, because I have been thinking about this a little bit in the -- in the context of previous conversations, but I assume that there would be nothing to prevent us from having another public hearing at any point in time where we Meridian City Council November 9,2022 Page 10 of 18 would want to discuss the fees and you could lower the fee at that point in time without doing any study, because the study is what the study is, but you could do a public hearing to adjust the fee if you were just to say let's drop it 25 percent and the city would not have to repay that, because we have adjusted the fee. Nary: Mr. Mayor, yeah, we -- we certainly are able to collect less than the full recovery fee if -- if the Council wishes. My only recommendation is just because of the way the code is drafted that you are going to want to have some data points in which to base that on. Simison: Thank you. Council, any additional questions for staff? Or Mr. Guthrie? Okay. Well, hold tight, Mr. Guthrie. This is a public hearing. Is there anybody that would like to provide testimony on this item at this time? And we have nobody online, except for ACHD, which I don't believe they want to provide comment on this topic, but if there is anybody in the room that would like to come forward at this time -- seeing no one coming forward, Council, do you have any questions for any of the departments that are here with items in the CFP -- or, I'm sorry, in the impact fee? Mr. Lavoie. Lavoie: Mr. Mayor, I do, again, appreciate the opportunity. I do want to remind Council and the citizens that this study does include our capital improvement plan, which is part of the state statute that we must present. So, within the study is the capital improvement plan, which Dwayne did review, and I just wanted to verify -- or just remind you that we are presenting the five year capital improvement plan for those three divisions inclusive in this plan to meet the state statute requirements. Thank you. Simison: Okay. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Another comment for the record. This process is kind of the tail end of a lot of work that Finance has done and all of our directors. I know the Council has been involved in discussions and -- and we are aware of these capital -- long-term capital costs that we need to maintain levels of service and we have had these discussions with our various departments in Council meetings and outside of meetings, so I think a lot of the -- the good work has been vetted in those prior discussions, so appreciate the efforts of all the directors and Finance in particular leading the charge on this, making sure that it's accurate and in compliance with code is very important. So, no -- no further questions for me either in light of all those discussions that have already happened. Lavoie: Thank you, Mr. Borton. Just to, again, feed off what you are speaking about, the report that Mr. Guthrie is presenting to you has been approved by the board, by the committee members themselves, so that you have a public engagement there. They have supported the study. They are an integral part to developing this study and Dwayne is presenting what they agreed to as well. Meridian City Council November 9,2022 Page 11 of 18 Simison: Thank you. Mr. Nary, just to help me -- remind me on process, we could continue this public hearing next week, since we are doing additional readings if we want -- if the Council want to seek additional feedback. Nary: Yes, sir. Simison: So, Council, I guess the question is what's your pleasure on closing or continuing the public hearing, knowing that only the first reading is on tonight's agenda? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: No objection to having a continued public hearing, a second chance. We are missing a couple Council Members as well. That couldn't hurt. This is a big decision to invite that added opportunity for input. Any objection to that? Continue it to next week. Okay. Mr. Mayor? Simison: Mr. Lavoie, are you seeking clarification? Lavoie: I am. Thank you, Mr. Mayor. Again, I know on the agenda today is number 19. That's just the first reading, I believe. So, I was making sure that this isn't going to interfere with 19. 1 didn't want to mess your agenda up. Simison: That's why I was asking that your -- Lavoie: Thank you. Simison: So, yeah, we will continue the process moving forward. Okay. All right. So, with that do I have a motion as such to continue? Seconded? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move that we continue the public hearing for the 2022 impact fee study to next Tuesday, November 15th. Hoaglun: Second the motion. Simison: I have a motion and a second to continue the public hearing to November 15th. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is continued. MOTION CARRIED: FOUR AYES. TWO ABSENT. Meridian City Council November 9,2022 Page 12 of 18 15. Public Hearing for Proposed 2022-2023 Winter/Spring Fee Schedule of the Meridian Parks and Recreation Department Simison: So, thank you all for getting us this far and we will see if we hear from the community again next week. Okay. So, with that we will move on to a different fee. Item -- next item up is a public hearing for proposed 2022-2023 winter-spring fee schedule for the Meridian Parks and Recreation Department. We will open this public hearing with comments from Ms. Fletcher. Fletcher: Good evening. Yes, I'm just here bringing you guys the 2023 winter-spring fees for Meridian Parks and Recreation and I'm open to any questions if there any questions. I think you guys have them in front of you also. Simison: Council, is there any additional information that you would like to hear from the Parks and Rec Department on the fees? Seeing head shakes. Do you have any questions for staff? Okay. Is there -- well, with that, Jenna, I think you can take a seat and -- and -- is there anybody that would like to provide public testimony on this item? If Margaret from ACHD would like to, otherwise -- motion to close the public hearing? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we close the public hearing for the -- the 2022-2023 winter-spring fee schedule for our Parks and Recreation Department. Borton: Second. Cavener: Second. Simison: I have a motion and a second to close the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FOUR AYES. TWO ABSENT. 16. Resolution No. 22-2354: A Resolution Adopting the 2022-2023 Winter/Spring Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Simison: Next item up is Item 16. It's resolution number 22-2354. Ask the Clerk to read this resolution by title. Johnson: Thank you Mr. Mayor. It's a resolution adopting the 2022-2023 winter/spring schedule of the Meridian Parks and Recreation Department; authorizing the Meridian City Council November 9,2022 Page 13 of 18 Meridian Parks and Recreation Department to collect such fees; and providing an effective date. Simison: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Unless we have further comment, I would move approval of resolution number 22-2354. Cavener: Second. Simison: I have a motion and a second to approve resolution number 22-2354. Is there any 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 and the item is agreed to. Thank you, Jenna. MOTION CARRIED: FOUR AYES. TWO ABSENT. 18. Public Hearing and Second Reading of Ordinance 22-2002: An Ordinance Amending Meridian City Code Section 6-2-1 Adding Definitions of Animal Control Agency, Animal Control Officer, Animal Control Shelter, At-Risk Dog, Bite, Dangerous Dog, Euthanasia, Justified Provocation, Physically Attack, Provoke, and Serious Injury, and Deleting Definition of Vicious Dog; Amending Meridian City Code Section 6-2-2, Regarding Animal Control Officers, City Animal Shelter, and Animal, Control Agency; Repealing and Replacing Meridian City Code Section 6-2-6, Regarding Designation and Management of Dangerous or At-Risk Dogs; Amending Meridian City Code Section 6- 2-8(P), Regarding Failure to Comply With Provisions Regarding Dangerous and At-Risk Dogs; Repealing Any Conflicting Ordinances; and Providing an Effective Date Simison: The next item listed on the agenda was already disposed of, so we will move on to our last public hearing is -- is public hearing, the second reading of ordinance 22- 2002. We will first take public comment, if there is any additional public comment on this item. Johnson: Mr. Mayor, there is, and I have the sign-up sheet in the back, but the Idaho Humane Society is represented. Meridian City Council November 9,2022 Page 14 of 18 Simison: Okay. If you would like to come forward, be recognized for three minutes. Rosenthal: Jeff Rosenthal, CEO of the Idaho Humane Society, 1300 South Bird Street, Boise. Thank you, Mr. Mayor, Members of the Council. Officer Shields had surgery last week, so she's homebound. Not here, unfortunately. I thought it might be helpful just to provide a little bit of background to increase your understanding of why we are here looking at this ordinance. Might be helpful to kind of know what's transpired overall. In 2011 1 wrote a bill that was carried by Senator Corder and the -- and the reason for the bill was it was an attempt to replace a very archaic state statute that was very antiquated with a contemporary potentially dangerous and dangerous dog law and based on what was typically done in other states and one of the reasons for that is we -- we have a -- a lot of variation between different communities. So, we have that in Ada county and how dangerous dogs have been handled or vicious dogs have been handled and throughout the state and the idea was that perhaps if we had a better state statute that would be a tool that law enforcement could use in every single community if they -- if they deemed. Anyway, the -- the bill dealt with both dogs that injured other dogs and livestock and also humans and nearly passed, but, then, was derailed -- not really because of lack of support, but just political infighting. So, in 2016 Representative Moyle gave me the opportunity to come back again with another bill. This one focused exclusively on dogs that injured human beings and -- and the reason for that was that one of the obstacles we faced at the state level were some agricultural special interest groups that employ dogs for the purpose of guarding livestock and so they are very concerned about regulation of these dogs, because some of those dogs -- the purpose for them is to attack other dogs that get near their stock. That was successful and -- and we passed that bill. Seemed to be solved, but there was another problem with it where prosecutors could actually choose not to handle our cases. So, we had to go back two years later do it again. Finally, we had a good law in place. It eliminated Idaho being what was called up until then a one free bite state and it provided some workable restrictions that protected some of the personal property rights of dog owners, but also was effective at dealing with dogs that injured humans and also provided the court for the first time with the ability to order a dog destroyed based on a first episode, which was necessary in some cases. But there was still -- we were still left with some problems and one being, obviously, we still didn't have a state law that dealt with dogs that injured other dogs and the other being just a timing issue. It takes a long time for cases to get into court and in many cases we have to impound certain dogs. Sometimes we impound at home, but most of the time we keep them in the shelter, especially under COVID it was taking well over three months to get into -- into court. Sometimes six months, sometimes more than a year, and so that provided a big burden on us and so initially one more problem has emerged and that is we have a -- we have -- officers have the choice between two different laws typically, a local ordinance in dealing with an animal issue and a state statute, and when those two laws are very different and when the process is very different, there is a potential for an equal protection issue and so that's why we have started working back with our local communities trying to make the local ordinances more aligned with state statute, using the same definitions and something of a similar process, and with that I will stand for any particular questions you may have about how we operate in regards to this. Meridian City Council November 9,2022 Page 15 of 18 Simison: Thank you, doctor. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Hey, Dr. Rosenthal, real quick. Not -- not a question. Just wanted maybe on behalf of the Council to pass healthy healing onto -- to Officer Shields. I know sometimes we get a little prickly about our engagement with you guys, but recovering from surgery is never fun, particularly in the cold weather, so, please, wish her a speedy recovery on behalf of all of us. We appreciate her. Rosenthal: Thank you. I will. Simison: Thank you, Councilman. Is there anybody else that would like to provide testimony at this time? Have nobody online and the Police Department is not jumping up and down either. So, Council, I guess the -- the -- we do have the second reading on. I guess the question -- do you want to continue the public hearing to the third reading or close the public hearing at this time? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I think the intent for this with the dogs was to go through all three readings. So, I think we can continue this. Simison: Okay. Cavener: I agree. Simison: Well, if you would like to continue the public hearing, then, we will have the Clerk do the second reading. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we have -- continue the public hearing of Ordinance 22-2002 to November 15th, 2022. Borton: Second. Simison: Motion and second to continue the public hearing. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes having and the public hearing is continued. Meridian City Council November 9,2022 Page 16 of 18 MOTION CARRIED: FOUR AYES. TWO ABSENT. Simison: And ask the Clerk to read -- do the second reading of the ordinance. Johnson: Thank you, Mayor. An ordinance amending Meridian City Code Section 6-2-1 adding definitions of animal control agency, animal control officer, animal control shelter, at-risk dog, bite, dangerous dog, euthanasia, justified provocation, physically attack, provoke, and serious injury, and deleting definition of vicious dog; amending Meridian City Code Section 6-2-2, regarding animal control officers, city animal shelter, and animal control agency; repealing and replacing Meridian City Code Section 6-2-6, regarding designation and management of dangerous or at-risk dogs; amending Meridian City Code Section 6-2-8(p), regarding failure to comply with provisions regarding dangerous and at- risk dogs; repealing any conflicting ordinances; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Okay. Then we will bring it back next week for the third public hearing and third reading. ORDINANCES [Action Item] 19. First Reading of Ordinance No. 22-2004: An Ordinance Accepting the 2022 Development Impact Fees Study; Adopting an Amended Capital Improvements Plan; Repealing and Replacing Meridian City Code Section 10-7-12(E)(2) Concerning Development Impact Fees; Voiding Conflicting Ordinances, Resolutions, and Orders; and Providing an Effective Date Simison: So, with that we will move on to our Action Item Ordinances. Item 19, which is the first reading of ordinance number 22-2004. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance adopting the 2022 development impact fee study; adopting an amended capital improvements plan; repealing and replacing Meridian City Code Section 10-7-12(e)(2) concerning development impact fees; voiding conflicting ordinances, resolutions, and orders; and providing an effective date. Simison: Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Okay. Then we will have the second reading next week. 20. Ordinance No. 22-2005: An Ordinance Annexing the Southwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, More Particularly Described in Exhibit "A," Rezoning 4.54 Acres of Such Real Property from RUT (Rural Urban Transition) to R-15 (Medium High-Density Residential)Zoning District; Directing City Staff to Alter All Use and Area Maps as well as the Official Zoning Maps and Meridian City Council November 9,2022 Page 17 of 18 all Official Maps Depicting the Boundaries and the Zoning Districts of the City of Meridian in Accordance with this Ordinance; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; Repealing Conflicting Ordinances; and Providing an Effective Date Simison: Next item is Item 20, ordinance number 22-2005. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance annexing the Southwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 36, Township 4 north, Range 1 West, Boise meridian, Ada county, Idaho, more particularly described in Exhibit "A," rezoning 4.54 acres of such real property from RUT (Rural Urban Transition) to R-15 (Medium High-density Residential) Zoning District; directing city staff to alter all use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? Or do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Simison: I move approval of ordinance number 22-2005 with -- with the Mayor to sign and Clerk to attest in suspension of rules if necessary. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I second that motion. Simison: It's a beautiful motion and a beautiful second. The ordinance of 22-2005 has been motioned and seconded. Is there any 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 and the ordinance is agreed to. Meridian City Council November 9,2022 Page 18 of 18 MOTION CARRIED: FOUR AYES. TWO ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Or do I have a motion to -- oh, Councilman Cavener. Cavener: Oh, no. Mr. Mayor. Shaking my head no -- no future meeting topics. Simison: Okay. Hoaglun: Mr. Mayor, for future meeting topics, I just thought since we have a state senator elect within our midst maybe we should devote a meeting to all the things that we need from the legislature and get our wish list together, so -- Cavener: I will -- I will second that if that was a motion. Cavener: I would love to listen. Bring it. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we adjourn. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOURAYES. TWOABSENT. MEETING ADJOURNED AT 6:42 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 11-22-2022 ATTEST: CHRIS JOHNSON - CITY CLERK 11-22-2022 E IDIAN AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 25, 2022 City Council Work Session Meeting Meridian City Council Work Session October 25,2022 Page 10 of 10 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Mayor ROBERT E SIMISON 11-9-2022 ATTEST: CHRIS JOHNSON - CITY CLERK 11-9-2022 E IDIAN AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 25, 2022 City Council Regular Meeting Meridian City Council October 25,2022 Page 28 of 28 Strader: Mr. President? Simison: Council Woman Strader. Strader: I move that we adjourn the meeting. Hoaglun: Motion to adjourn. All those in favor signify by saying aye. All ayes. Motion carries. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:24 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E SIMISON 11-9-2022 ATTEST: CHRIS JOHNSON - CITY CLERK 11-9-2022 E IDIAN AGENDA ITEM ITEM TOPIC: Final Plat for Apex Northwest Subdivision No. 3 (FP-2022-0032) by Brighton Development, Inc., generally located in the northwest corner of Locust Grove Rd. and E. Lake Hazel Rd. STAFF REPORT 0 COMMUNITY DEVELOPMENT DEPARTMENT HEARING November 9,2022 DATE: TO: Mayor&City Council > 0 ,NO FROM: Stacy Hersh,Associate Planner �931 Q k 208-884-5533 '�E.LAKE H ZEL E I-K H;L SUBJECT: FP-2022-0032 MM Apex Northwest No. 3—FP LOCATION: Near the northwest comer of S. Locust Grove Rd. &E. Lake Hazel Rd., in the SE 1/4of Section 31, Township 3N., Range I E. 1. PROJECT DESCRIPTION The Applicant requests approval of a final plat consisting of 56 single-family residential buildable lots and 16 common lots on 11.967 acres of land in the R-8 and R-15 zoning districts. 11. APPLICANT INFORMATION A. Applicant: Josh Beach, Brighton Development—2929 W.Navigator Dr., Ste. 400, Meridian, ID 83642 B. Owner: SCS Investments,LLC—855 W. Broad Street, Suite 300,Boise,ID 83702 C. Representative: Same as Applicant 111. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2021-0087) and the final plat(FP-2021-0038)for Apex Northwest Subdivision No. 2 in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Staff has reviewed the proposed final plat and the number of buildable lots and the amount of common open space area is the same. Page 1 Therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat per the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 8/16/2 1) APEX WEST SUBDIVISION PRELIMINARY PLAT A PARCEL OF LAND SITUATED INA PORTICNCFTH SOUTHEAST 1/4,THE NCRTHEASTI/4 OF THE 5DUTHWEST ZITU"N".1 114,AND 7HE SOUTHEAST 1/4 OF T H F NO R7H W EST 1/4 0 F SF cTrnN 11.TOW NISH I P 3 NOR TH.RAN S F 1 EAST. BOISE MERIDIAN,ADA COIJIN�,IDAHO Zr J, T�_ T sol-I Page 3 B. Final Plat(dated: 9/7/2022) PLAT 0' w-w m� APEX NORTHWEST SUBDIVISION No.3 1 r 77 mm�ME L2 I j­ @ ID C) F o 'D !00 (D t! (D E) 1� 0 IF (g) 6, N I 'i Im 1 -1 -1 —————————---—-- ZVI BrIghto urporation oil a E km ---------------------------------------- See Sheet 3 PLAT OF APEX NORTHWEST SUBDIVISION No.3 IF See Sheet 2 --------------------------------------------------- 'D 'D 0 �'D 1A, I:- -TcF� M L-J Dd� Brighton corporaWn 2 km PLAT OF APEX NORTHWEST SUBDIVISION No.3 Tw T v- v;4- =E =z- W=. X�*-==.T��-1�r�-=A Ian Brighton Corporation Page 5 C. Common Driveway Exhibit -—————SMT—————- T R 2' cj z z 2s&� LOT 16 IS A MON-BUILDABLE z FR -T--4 C...—A-A-ET L, Z M 55,��ESS EASEMENT IN- 17,Mo Ia.BLOM 7 _0 -F-F, ID L E.NU,IMCHT IV I RiVMY FOR LOT 10 BLOCK 7 \..IW, 0 1 E­0 'NE 0—ITE Elm E�� OF THE SINkKD COUMOM DRIVE Taqm� _P­LINE T *�LOTI 1,5-.19, IB.ILOCK�7, 44...... D. Landscape Plan(dated: 9/9/22) T11i E VIOMMM M i C 7 C o a o G, 0 0 JT LANMCAPE PLAN ENV.— M_FM E SUIRES:-�4�C--Rr RW W� .W"W v OW tW 1 2 - t;� E WOW. 3 P mm -,7=- --:M7:7 km Page 7 VI. CITY/AGENCY COMMENTS& CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [H-2020-0066 (Development Agreement hist. #2020-178120 (Apex); H-2020- 0117, Development Agreement hist. #2021-102396 (Schafer View Terrace); Preliminary Plat H-2021-008 7; Apex Northwest Subdivision No. 2 FP-2021-003 8]. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of City Council's approval of the previous phase final plat; or apply for a time extension, in accord with UDC I 1-613-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering stamped by Aaron L. Ballard, dated: 9/9/2022, included in Section V.B shall be revised as follows: a. Include the recorded instrument number of the City of Meridian easement graphically depicted and noted on Sheet 2 and 3. b. Note#9: Include the recorded instrument number of the ACHD public right-of-way easement(sidewalk). c. Note#10: Include the recorded instrument number of the City of Meridian easement. d. Note#18: Include the recorded instrument number of the City of Meridian easement. e. Depict an easement or a common lot for the portion of the 20-foot wide street buffer on the west side of Apex Avenue along the rear of Lots 15-25, Block 7 per the conditions listed in the preliminary plat(H-2021-0087). 5. The landscape plan prepared by KM Engineering, dated 9/9/22, included in Section V.C, shall be revised as follows: a. Include calculations in the Project Calculations table that demonstrate compliance with the standards for pathway(LI-3B-12C)landscaping; include required vs.provided number of trees. Landscaping is required along all pathways. b. Depict a portion of the 20-foot wide street buffer or common lot on the west side of Apex Avenue along the rear of Lots 15-25, Block 7 with landscaping in accord with the standards listed in UDC 11-3B-7C per the conditions listed in the preliminary plat(H-2021-0087). 6. The rear and/or side of structures on lots that face E. Crescendo St. and S.Apex Ave.,collector streets, 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. 7. All alleys shall comply with the standards listed in UDC 11-6C-3B.5. The construction drawings shall reflect compliance with these standards. 8. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3 C-6 based on the number of bedrooms per unit. 9. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 10. All fencing shall comply with the standards of UDC 11-3A-7C. 11. Revise the common driveway(Lot 16,Block 7)on Exhibit C. Extend the common drive on Lot 15, Block 7 and depict identical building setback envelope show on the adjacent lots to prevent homeowners from backing down the common driveway in accord with UDC 11-6C-3D. 12. All alleys shall serve as fire lanes and be signed"No Parking Fire Lane". 13. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables I 1-2A-6 and I I-2A-7 for the R-8 and R-15 zoning districts. 14. Off-street parking is required to be provided for residential uses in accord with the standards listed in UDC Table 11-3 C-6 based on the number of bedrooms per unit. B. Public Works Site Specific Conditions:None General Conditions: I. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3 B-I 4A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of Page 9 20%of the total construction cost for all completed sewer,and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC I I-I 4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public—works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. hi performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 11 E IDIAN AGENDA ITEM ITEM TOPIC: Final Order for Grayson Subdivision (FP-2022-0025) by Robert Campbell, The Camco Group, LLC., located at 1710 E. Amity Road and S. Locust Grove Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 25, 2022 ORDER APPROVAL DATE: NOVEMBER 9, 2022 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 15 BUILDING CASE NO. FP-2022-0025 LOTS AND 3 COMMON LOTS ON 3.1 ACRES OF LAND IN THE R-8 ORDER OF CONDITIONAL ZONING DISTRICT FOR APPROVAL OF FINAL PLAT GRAYSON SUBDIVISION. BY: Robert Campbell, The Camco Group, LLC APPLICANT This matter coming before the City Council on October 25, 2022 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING GRAYSON SUBDIVISION, LOCATED IN THE SW 1/40F THE SW 1/4 OF SECTION 29, TOWNSHIP 3N, RANGE IE, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 7/6/22, by MICHAEL S. BYRNS, PLS, SHEET 1 OF ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Grayson Subdivision—FILE#FP-2022-0025) Page I of 3 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated October 25, 2022 a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-652 1. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Grayson Subdivision—FILE#FP-2022-0025) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 9th day of November 2022. By: Robert E. Simison 11-9-2022 Mayor, City of Meridian Attest: Chris Johnson 11-9-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 11-9-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR(Grayson Subdivision—FILE#FP-2022-0025) Page 3 of 3 EXHIBIT A STAFF REPORT C� fE COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/25/2022 Legend DATE: in,'Project Location TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner 208-884-5533 SUBJECT: FP-2022-0025 Grayson Subdivision FP LOCATION: Located at 17 10 E.Amity Road,near the northeast comer of E. Amity Road and S. Locust Grove Road,in the SW 1/4 of the SW 1/4 of Section 29,Township 3N, Range I E. 1. PROJECT DESCRIPTION Final Plat consisting of 15 single-family residential building lots and 3 common lots on 3.1 acres of land in the R-8 zoning district,by Robert Campbell,The Camco Group,LLC. 11. APPLICANT INFORMATION A. Owner: Dave Turner,MM&T Holdings,LLC— 10248 Turner Drive,Middleton,ID 83644 B. Applicant: Robert Campbell,The Camco Group,LLC—3313 W. Cherry Lane. #144,Meridian, ID 83642 111. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0014)as required by UDC 11-6B-3C.2. The submitted plat includes the same number of buildable lots permitted with the preliminary plat approval. Furthermore,the submitted final plat depicts the required street buffer to Amity,parkways,the temporary turnaround, and the same amount of common open space as previously approved for this project. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Page 1 V. EXHIBITS A. Preliminary Plat(date: 4/26/2022) '�RELIWINARY PLAT SHOWING C'R�4 YSON SUBDIVISION LOCATED AT 171D E AMITY ROAD tz ADA CDJNTY,MERI DIAN,IDAHO FEBRUARY, 2 202 2 :IT Ed u� "I I T� LT F, Ll -11 Ll-T--ITT- 1. ........... E_E1 4 U E Ll --111 1 11T- Ell 1 11 I- T 4 _4 4 1 -1 -T I­T 'rz _.�'T I- T -1 T I T 11 1 4 T-1. + A,c It I P1-0 Page 2 B. Final Plat(date: 7/6/2022) f1w. st�g Gray5on SuMvi5ion $Itpatel In the Sovth e5t Q-01 uf the Socitki.est Qartff of SeCtinn 29, N 70—�Shcp 3 NVih. R0,19e I Eft&t. 00ite MeridiCn, CFty Cil MCTiijion. Ada C�m�ty lophp. 2022 S*1141WE-11.tf 11 ---- -------- H..h 4 e "` T ww Aff— 4.N . ......... ... A 0 Cow-NOW 1/& 0 G LN ............. ..A ZX.[I)oiiI, owg 1 --.1 kekii., —Io,t -,IN .1r.t�i 1.. .1 ,V .1h M-0 V 00 1 I Nk,--..w-j-mp-I— ..,= —.I-*—— -- 14 t".0 No k 'WIT dmmtpL P�It IT — —.1. --—0.—.-.�w—d 11 Wm. 9. L*L .Nn"OII,il�P=ML§�I VII—I IN�4—%oJK1 to 4 NITIIIII.�,W!1911. "II,—. I_II 44 C—G"lWft Old%NVOOI11 V 9-4r� .—Stil st M.b—sool N #. Lok 1.I..h I.—,I -P. A— =vt � II,— 1,o p& m.ml"�k 37&iio I-IIiw m—I—Iv.�h.�ww DAHO SURVEY Page 3 C. Landscape Plans (date: 7/14/2022) qF1,41GATIM MOM: PROJECT CALLCOTLEGEND LANDSCAPE I PfWND LANOWAM RECUIREMENM iWOFtMAnC)N ------------ w T T PLMT KEY (D Z Cc 1!Orymm OT in I-- LL, ---- LANDUCAPIE NOTESO Z <— Cz w IAWYFM-� T'"DSGAPE PLAN T� FI I T Page 4 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development: H-2022-0014 (AZ,PP, DA Inst. #2022-066862). 2. The applicant shall obtain the City Engineer's signature on the final plat by June 21,2024, within two(2)years of the date of approval of the preliminary plat findings(June 21, 2022), in accord with UDC 11-6B-7, in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.13,prepared by Idaho Survey Group, stamped on April 26, 2022 by Michael S. Byrns, is approved with the following conditions to be completed at the time of Final Plat Signature: a. Plat note#7: add recorded instrument number. b. Plat note#8: add recorded instrument number. c. Plat note#9: include recorded instrument number(DA hist. #2022-066862). 5. The submitted landscape plans, as shown in Section V.C,prepared by Breckon Land Design, dated 7/14/22, is approved as submitted. 6. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. PUBLIC WORKS Site Specific Conditions of Approval 1. Move sewer services for lots 2, 5, 6, and 7 preferably ten feet away from trees; if not,then place them a minimum of five feet. 2. Ensure no sewer services pass through infiltration trenches and are not running through driveways. 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 Page 5 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. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). 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 I I-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 I 10%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 detertnined 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 Pertnitting 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 Meet 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 6 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 hqq:11Www.meridianciLv.org1public works.aspx?id=2 72. 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. Page 7 E IDIAN AGENDA ITEM ITEM TOPIC: Final Order for Prescott Ridge Subdivision No. 2 (FP-2022-0029) by KM Engineering, LLP., generally located in the north 1/2 Section 28, TAN., R.1W. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 25, 2022 ORDER APPROVAL DATE: NOVEMBER 9, 2022 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 71 BUILDING CASE NO. FP-2022-0029 LOTS AND 8 COMMON LOTS ON 14.44 ACRES OF LAND IN THE R-8 ORDER OF CONDITIONAL ZONING DISTRICT FOR APPROVAL OF FINAL PLAT PRESCOTT RIDGE SUBDIVISION NO. 2. BY: KM ENGINEERING, LLP APPLICANT This matter coming before the City Council on October 25, 2022 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING PRESCOTT RIDGE SUBDIVISION NO. 2, A PARCEL OF LAND BEING A PORTION LOT 18, BLOCK I OF PEREGRINE HEIGHTS SUBDIVISION,AND UNPLATTED LAND SITUATED IN THE SOUTHEAST 1/40F THE NORTHWEST 1/4AND THE ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PRESCOTT RIDGE NO. 2 FP-2022-0029 Page I of 4 SOUTHWEST '/40F THE NORTHEAST /40F SECTION 28, TOWNSHIP 4 NORTH, RANGE I WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2022, HANDWRITTEN DATE: 8/l/2022, by AARON L. BALLARD, PLS, SHEET I OF 5," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated October 25, 2022, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PRESCOTT RIDGE NO. 2 FP-2022-0029 Page 2 of 4 The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-652 1. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(2 8) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 9th —day of November 2022. By: Robert E. Simison 11-9-2022 Mayor, City of Meridian Attest: Chris Johnson 11-9-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 11-9-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PRESCOTT RIDGE NO. 2 FP-2022-0029 Page 3 of 4 EXHIBIT A STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/25/2022 DATE: L--dll L TO: Mayor&City Council U.S.HIGHWAY 26 FROM: Sonya Allen,Associate Planner Id PRC 208-884-5533 -0 SUBJECT: FP-2022-0029 Prescott Ridge No. 2 rrrnTm LOCATION: East side of N. McDermott Rd., south of SH 20-26 in the NE '/4, the SW '/4 and the NW 1/4 of Section 28,Township 4 North.,Range I West. 1. PROJECT DESCRIPTION Final plat consisting of 71 building lots and 8 common lots on 14.44 acres of land in the R-8 zoning district for the second phase of Prescott Ridge Subdivision. 11. APPLICANT INFORMATION A. Applicant: Christen Haisty,KM Engineering, LLP—9233 W. State Street,Boise,ID 83714 B. Owner: Providence Properties,LLC—701 S. Allen St., Ste. 104,Meridian,ID 83642 C. Representative: Same as Applicant 111. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H- 2020-0047) and associated conditions of approval as required by UDC 11-6B-3C.2. There is the same number of buildable lots and common open space as shown on the approved preliminary plat for the subject area. This phase consists of phase 1 and a portion of phase 5 as shown on the phasing plan approved with the preliminary plat. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Page 1 IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section V1 of this report. V. EXHIBITS A. Preliminary Plat(date: 12/22/2020) PRESCOTT PRELIMINARY PLAT SHOWING A PARCEL OF LAND SITUATED INA PORTION OF 7HE NORTHEAST 1/4 OF THE NORTHWES7 114 OF SECTION 29,TOWNSHIP RANGE I WEST,BOISE MERIDIAN,ADA COUNTY,IDA IFGEND MUMINAWKATDATA R 0 Ffl DPFNSP­ -AREAS R-4 CH at" A; -Kx M niu D M Nil PRE5COTT RIDGE SUBDIV 51ON Eq, rVE1111M,1'1A11 V . o X.:: L km Page 2 B. Final Plat(date: 8/l/2022) PLAT OF Prescott Ridge Subdivislon No.2 APAkCELDPLAN BEING A PORTION LOT 18,BLOCK 1 OF PEREGRINE HEIGHTS SUBDIOSION. P.. AND UNPUkTrED LAND SITUATED IN THE SOU-1/4 OF T4E NCRTHWESI SOUTHWEST 2J4 OF THE NORTHEAST VF DIP SECTION 28,TOWNSHIP 4 NORTH,RANGE L WEST,BOISE MERIDIAN,CRY OF MERIDIAN,ADA COUNTY,IDAHO. 2022 M (PER GRAF 2017-35 514FFT INDEX �j -—--—-L— ——————-CH_1d.nI 21 29 28 W 4 IERCE­OF MI—R. REFERENCES -u— I.V.1 IF IT '58.50, "U'.1.1—Or W REWED OF SUR-U—-ORM OF—lI E% —m or Eun-u....E—m CO&T, E..or Eu— or SILI,25'S"C �F 3 LEGEND 0 0 I IV Aml _O Dr. 1�-INOH——F—IF P— —D —ED 4p, EI E—M, ME 2! @ -———————- ENEEMEW ME 2 Oak (D — LINE— ME SURVEY NARRATIVE 0) aw— I'.'D 1. 0 ME REFEREHCES HEgZNM.V 'M-N M%UMEN—. 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Landscape Plan(date: 7/20/2022),Fencing Plan&Amenity Details LT MIZ-1-1 V=11 11 OPEN SPAfE TREE CALCULATIDN(I TREEJHODO SF) M,r-,TZ VM MM, "V TOTAL OPEN LUZ=r-IM"IT 11.1"T.01"11_1IL-1 PATHWAYTRI I -- -------- �L T, TOTAL PATHWAY TREES MITIGATION REQUIREMENTS 0 Til _7 1:111_1==_:� 7 I—E 1— .1 ­E E 11- 11-—E 0 C­INFORWON II.- 10 "I MIX n ................ LANDSCAPE COVER L1.0 Page 6 M.7 7 OEM Eck Ion 6c 0 Q All 9 2 a, 'IAN km 3 FEWE RHM11 Page 7 AMENITIES A-POOL AND CLUBHOUSE T360 SIF BUILDING 541X301 POO I 7 PARKING SPACES B-LARGETOT LOT E C-SMALLTOT LOT D-DOG IARPPOCKET PARK E-OPEN SPACE PRESCOTT RIDGE MERIDIAN,MAHO E A B D 040 4, SCHEMATIC CLUBHOUSE all LARGE TOT LOT I.......... Awl SMALLTOTLOT DOG PARK/POCKET PARK Page 8 D. Common Driveway Exhibit DRIVEWAY FOR LOT 13,BLOCK 12 TO BE LOCATED ON THE OPPOSITE )S G�VEOPFnTLE SHARED COMMON PERTY LINE z LO T 10 15 A NON-BUILDABLE COMMON LOT 2f 2 0 W_LADLE RAPIDS ST_ WTI A SLANKEr INCRESSIEGRESS EASEMENT z 1 IN FAVOR OF LOTS 11 AND 12,BLOCK 12 SIDE X 0 u Ef -BUILDING ENVELOPE(TYPICAL) DRIVEWAY FOR LOT 9.BLOCK 12 10. D TO BE LOCATED ON THE OPPOSII FRONT SIDE 0 20' DRIVE PROPERTY LINE 0 0 u 12' 5. ILL —SIDE SID lkm 1 IN.1 11 1!1 1 1 IN 12—+— F=EX2=0 F 1,D, SIDE Y LOTS 9-13,BLOCK 12 -16 7 20- 0 30 60 9 0 IN-5-1�:I"-30' Page 9 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall comply with all previous conditions of approval associated with this development [H-2020-0047,Development Agreement Inst. #2021-132713]. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of the City Engineer's signature on the first phase final plat as set forth in UDC 11-6B-7 in order for the preliminary plat to remain valid; or,a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by KM Engineering, stamped on 8/l/2022 by Aaron L. Ballard, shall be revised as follows: a. Under References,R3—include the Book and Page numbers of Prescott Ridge Subdivision No. 1. b. Note#15: Include the recorded instrument number for the ACHD permanent easement. c. Depict zero (0)internal lot lines on the lots in Block 12 where attached units are proposed that will span over the property line. An electronic copy of the revisedplat shall be submittedprior to signature on thefinalplat by the City Engineer. 5. The landscape plan shown in Section V.C, dated 9/23/21, shall be revised as follows: a. The 6-foot tall solid vinyl fence with lattice top shall have a maximum of 4-feet of solid material with 2-feet of lattice; depict accordingly on the detail on the fencing exhibit (Sheet L3.0). b. Landscaping shall be depicted along all pathways in accord with the standards listed in UDC 11-3B-12C; include a mix of trees and shrubs along with lawn and/or other vegetative groundcover. c. If fencing is proposed along the east side of Lot 9,Block 12, depict a minimum 5' wide landscape buffer along the west side of Lot 10,Block 12 planted with shrubs,lawn or other vegetative groundcover as set forth in UDC 11-6C-3D.5. Depict fencing on the plan if proposed. An electronic copy of the revised landscape plan shall be submittedprior to signature on the final plat by the City Engineer. 6. Prior to the issuance of any new building permit,the property shall be subdivided in accordance with the UDC. 7. All development shall comply with the dimensional standards for the R-8 zoning district listed in UDC Table 11-2A-6. 8. Provide amenities consistent with the plans in Section V.0 as approved with H-2020-0047. 9. Address signage shall be provided at the public street for homes accessed via the common driveway for emergency wayfinding purposes. 10. Common driveways shall be constructed in accord with the standards listed in UDC I I-6C-3 D. Page 10 11. The rear and/or side of structures on Lots 3-15, Block 10 and Lots 3-8, Block 14 along N. Rustic Oak Way 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. 12. Administrative design review shall be required for all single-family attached structures. Compliance with the design standards for such listed in the Architectural Standards Manual is required. 13. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 14. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: I. The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per equivalent residential unit(ERU). The reimbursement fees for the entire residential portion of this subdivision shall be paid prior to city signatures on this final plat. 2. The applicant shall be required to pay the Oaks Lift Station Pump Upgrades Reimbursement Fees in the amount of$185.43 per equivalent residential unit(ERU). The reimbursement fees for the entire residential portion of this subdivision shall be paid prior to city signatures on this final plat. 3. The geotechnical investigative report prepared by SITE Consulting,LLC indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. 4. Sewer 18 ft or deeper require a 60" manhole 5. Minimum slope for dead ends is 0.6%. Adjust SSMH T-3 6. Provide a callout to remove blow-off valves where new water main will connect to existing system. 7. Move water line away from curb and gutter at road bend on W Aralia Dr. 8. On sheet C6.1, services for lot 11 and 12 cross a private property other than the one being served. Have services run in the common lot not across private property. Meters should not be in the vehicle path. The common lot should have an unpaved area where meter can be located. Page I I General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-1 4A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. hi the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5 C-3 C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. Page 12 13. All grading of the site shall be performed in conformance with MCC I I-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public—works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 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 signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B-6). 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, Page 13 the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 14 E IDIAN AGENDA ITEM ITEM TOPIC: Findings of Facts, Conclusions of Law for Matador Estates Subdivision (H- 2022-0043) by Quantum LTD, Inc., located at 1235 E. McMillan Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW ERIDIANI.- AND DECISION& ORDER C��V, \,-� In the Matter of the Request for Annexation of 5.09-Acres of Land with an R-4 Zoning District; and Preliminary Plat Consisting of 14 Building Lots and Two (2) Common Lots on 4.84-Acres of Land for Matador Estates Subdivision,by Quantum LTD,Inc. Case No(s).H-2022-0043 For the City Council Hearing Date of: October 25,2022 (Findings on November 9, 2022) A. Findings of Fact I. Hearing Facts(see attached Staff Report for the hearing date of October 25, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 25,2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 25, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 25,2022,incorporated by reference) B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MATADOR ESTATES H-2022-0043 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 25,2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § I I-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation and zoning and preliminary plat is hereby approved with the requirement of a development agreement per the provisions in the Staff Report for the hearing date of October 25,2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with I I-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC I I- 613-7Q. Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651 IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MATADOR ESTATES H-2022-0043 -2- A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seekjudicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(l)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of October 25, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MATADOR ESTATES H-2022-0043 -3- By action of the City Council at its regular meeting held on the 9th day of November 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 11-9-2022 Attest: Chris Johnson 11-9-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 11-9-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MATADOR ESTATES H-2022-0043 -4- EXHIBIT A STAFF REPORT E COMMUNITY DEVELOPMENT DEPARTMENT HEARING October 25, 2022 0 DATE: W-gend t TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 EH SUBJECT: Matador Estates H-2022-0043 LOCATION: 1235 E. McMillan Rd., in the NE 1/4 of Section 3 1,TAN., R.I E. (Parcel #R1608650122) F-R FFF EEJ -IBM PH 1. PROJECT DESCRIPTION Annexation of 5.09 acres of land with an R-4 zoning district; and preliminary plat consisting of 14 building lots and two(2) common lots on 4.84 acres of land in the R-4 zoning district for Matador Estates Subdivision. 11. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 4.84 acres Future Land Use Designation Low Density Residential(LDR) Existing Land Use Single-family rural residential(SFR) Proposed Land Use(s) SFR Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-4(Medium Low-Density Residential) Lots(#and type;bldg/common) 14 buildina/2 common Phasing plan(#of phases) NA(not proposed to be phased) Number of Residential Units(type 14 single-family detached units of units) Density(gross&net) 2.89 units/acre(gross) Open Space(acres,total 0.33 acre(or 7%) buffer/qualified) Page 1 Amenities Sitting area with a concrete or paver surface with benches Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting 4/12/22 date History(previous None(Lot 5,Crestwood Subdivision No. 1;property boundary adjustment approvals) —ROS#12793 in Ada County) B. Community Metric Description Details Page Ada County Highway District • Staff report Yes (yes/no) • Requires No ACHD Commission Action (yes/no) • Existing There is one(1)existing stub street(E.Territory St.)to this property at the Conditions project's west boundary. • CIP/IFYWP Capital improvements Plan(CIP)l Integrated Five Year Work Plan(IFYWP): • The North Meridian community improvement project,is scheduled in the IFYWP,constr enhanced pedestrian facilities on the north side of McMillan Road, on McMillan Roai Red Horse Way to Locust Grove Road,construction in 2026. • Bike Signage Community improvement project,is scheduled in the IFYWP,establishin bike way corridors, per the Bike Master Plan, including wayfinding and bike signage Horse Way,crossing McMillan Road from Fairview Avenue to Joshua Tree Drive,constr in 2026. • McMillan Road is listed in the CIP to be widened to 3-lanes from Meridian Road to I Grove Road between 2031 and 2035. • Locust Grove Road is listed in the CIP to be widened to 3-lanes from Ustick Road to Mc Road between 2036 and 2040. • Locust Grove Road is listed in the CIP to be widened to 3-lanes from McMillan R( Chriden Boulevard(SH20/26)between 2036 and 2040. Access(Arterial/Collectors/State Existing access is provided via two(2)driveways from E. Hwy/Local)(Existing and Proposed) McMillan Rd.,an arterial street.Proposed access is via the extension of an existing stub street(E.Territory St.)at the west boundary of the site;the existing driveways will be closed with redevelopment of the site. Proposed Road Improvements ACHD is requiring McMillan Rd.to be widened to 17' from centerline,with a 3' wide gravel shoulder abutting the site. Territory St.is required to be extended into the site&Matador Ct.constructed as a 33'wide local street section with curb, gutter,a detached 5'wide sidewalk and a landscape strip. Fire Service No comments received. Police Service No comments received. West Ada School District No comments received. Distance(elem,ins,hs) Capacity of Schools Page 2 #of Students Enrolled Wastewater • Distance to Sewer Services Directly adjacent • Sewer Shed • Estimated Project Sewer See application ERU's • WRRF Declining Balance • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns e Flow is committed e See Public Works Site Specific Conditions Water • Distance to Services Directly adjacent • Pressure Zone • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan • Impacts/Concerns See Public Works' Site-Specific Conditions C. Project Maps Future Land Use Map Aerial Map Legend Legend Pi,�Je-_i Luca-fiorl. Pi,�Jeoi Luca lum A-W W. ly 1 57 P', MISAII Ne F-L.T. F.- 440AL3 AqVIP Page 3 Zoning Map Planned Development Map Legend () Legend KU I Pi,�Jeoi City L-,M* P&3nrm_-d Pamet RUT RU T PD 77 1 T 11=1 11111 1 1111 FE I I I I ITUFF111 -E RUT R.'&= R- [Rl� TT M r H 111. APPLICANT INFORMATION A. Applicant: Marty Camberlango, Quantum LTD., Inc. — I 110 N. Five Mile Rd.,Boise,ID 83713 B. Owner: Nicholas Gifford— 1235 E.McMillan Rd., Meridian, ID 83642 C. Representative: Marty Camberlango, Quantum LTD., Inc. — I 110 N. Five Mile Rd.,Boise, ID 83713 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification 8/31/2022 10/9/2022 published in newspaper Radius notification mailed to property owners within 300 feet 8/25/2022 10/6/2022 Public hearing notice sign posted 9/4/2022 10/13/2022 on site Nextdoor posting 8/25/2022 10/5/2022 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Low Density Residential(LDR)on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for the development of single-family homes on large and estate lots at gross densities of three(3)dwelling units or less per acre. The subject property is an enclave surrounded by City annexed land developed with single-family residential homes on land designated LDR and Medium Density Residential(MDR) on the FLUM. The Applicant Page 4 proposes a 14-lot subdivision for single-family residential detached homes at a gross density of 2.89 units per acre,which is within the desired density range of the LDR designation. TRANSPORTATION: The Master Street Map(MSM)does not depict any collector streets across this property. Local streets are proposed internally for access to the proposed lots. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) Theproposed single-family detached dwellings on larger lots than typical will contribute to the variety of single-family residential properties in the City. • "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 and can be extended by the developer with development in accord with UDC 11-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01G) This area consists primarily ofsingle-family detached homes with some variety in lot sizes between the LDR and MDR designated areas. The proposed development offers a variety of lot sizesfrom 8,132 to 11,219 squarefeet, not including the 32,231 squarefoot lot where the existing home is proposed to remain. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed development incorporates lot sizes consistent with those to the west and south, which should be compatible with surrounding uses and densities. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed single-family residential use should be compatible with other single-family residential uses abutting this site. The proposed site design should also be compatible with adjacent uses as lots are similar in size. • "Support infill development that does not negatively impact the abutting, existing development. Infill projects in downtown should develop at higher densities, irrespective of existing development." (2.02.02C) The proposed infill development shouldn't negatively impact adjacent properties as the residential use and lot sizes are compatible. • "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 with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. The existing home that is proposed to remain on a lot in the proposed subdivision is required to connect to City water and sewer service. Page 5 • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.0 1 D) There are no multi-use pathways designated on the Pathways Master Plan for this site, nor are any pathways stubbed to this property other than the sidewalk along E. Territory St. A micro-path connection is proposedfrom the internal sidewalk along Matador Ct. to the sidewalk along McMillan Rd. • "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 required to be provided with development of the subdivision. • "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." If annexed, the existing home will be required to abandon the existing septic system and connect to the City wastewater system. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 5.09 acres of land with an R-4 zoning district. A legal description and exhibit map for the annexation area is included in Section VIII.A. This property is within the City's Area of City Impact boundary. A property boundary adjustment application was tentatively approved by Ada County in 2021 to shift the common lot line between Lots 5 and 6,Crestwood Subdivision,5-feet to the east. The Applicant should obtain final approval of this application prior to City Council approval of the proposed annexation. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided into 14 building lots for 13 new single-family residential detached dwelling units;the existing home is proposed to remain on Lot 6,Block 4(see Sections VIILB,D). The proposed use and density of the development is consistent with the LDR FLUM designation. Single-family detached dwellings are listed as a principal permitted use in the R-4 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. This property, along with the property to the east, is an enclave surrounded by existing and future single- family residential detached homes to the north(Tustin), south(Havasu Creek) and west(Silver Springs). As noted above in Section V, development of infill properties is supported provided it doesn't negatively impact the abutting, existing development. Because like uses(i.e. single-family detached residential)are proposed on similar size lots,the proposed development should be compatible with adjacent uses and shouldn't negatively impact them. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-651 IA. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. Page 6 B. PRELIMINARY PLAT(PP): The proposed preliminary plat consists of 14 building lots and 2 common lots on 4.84 acres of land in the proposed R-4 zoning district. Proposed lots range in size from 8,132 to 11,219 square feet(s.f.)with a 32,231 square feet lot where the existing home is proposed to remain. The subdivision is proposed to develop in one phase as shown on the preliminary plat in Section VIII.B. Existing Structures/Site Improvements: There is an existing home and several outbuildings on the property that currently takes access via McMillan Rd. The existing home is proposed to remain on Lot 6, Block 4 and access will be taken internally from within the subdivision.Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to the setbacks of the district are required to be removed. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 zoning district. The proposed plat appears to comply with the dimensional standards of the district,except for the street frontage of Lot 8,Block 4 which should be a minimum of 30 feet; the plans should be revised accordingly. Access: Access is proposed via internal local streets. E. Territory St. is proposed to be extended from the west to the east boundary for future extension to the east. The existing access via McMillan Rd. is required to be removed. The address for the existing home is required to change since access will no longer be provided from McMillan Rd.; the new address will be off Matador Ct. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required to be provided along E. McMillan Rd., an arterial street,per the standards listed in UDC I 1-3B-7C. A 25-foot wide buffer with a berm is proposed along McMillan with 10 shade trees, shrubs and groundcover. A detailed landscape plan should be submitted with the final plat that complies with the aforementioned standards; detail#5 on Sheet L-1 should include the proposed berm along E.McMillan Rd.; and the location of the edge of paving should be depicted on the plan.If the unimproved street right-of-way is ten(10) feet or greater from the edge of pavement to edge of sidewalk or property line,the developer shall maintain a ten-foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover per UDC I I-3B-7C.5a. A total of six(6)trees are proposed to be removed from the site (and possibly another one) as depicted on the landscape plan. Mitigation is required to be provided per the standards listed in UDC 11-3B- 10C.5* The Applicant should coordinate with the City Arborist(Kyle Yorita ky ritaAmeridiancity.org)to determine mitigation requirements prior to removal of existing trees from the site. Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C; the landscape plan should be revised to include shrubs,along with the proposed trees and vegetative groundcover along the pathway on Lot 7,Block 4.A minimum of 5-feet should be provided outside of the easement area for trees; widen the lot if necessary to accomplish this. Common Open Space& Site Amenities(UDC 11-3G-3): Common open space and site amenities are required to be provided with development for properties of 5 acres or more in area per the standards listed in UDC 11-3G-3. This site consists of 4.84 acres of land—the annexation boundary is 5.09 acres.Although not required by the UDC, Staff recommends as a provision of annexation in the DA that a minimum of 12% (or 0.58 acre) common open space is provided with development.The landscape plan depicts 21,218.87 s.f. (or 0.49 acre) of common open space consisting of a 7,080 s.f. common area lot(Lot 2,Block 4), 2,840.74 s.f. of linear open space with a pathway(Lot 7,Block 4), and 50%of the street buffer along McMillan Rd. consisting of 4,178.13 s.f. The plans should be revised to include an additional 0.09 acre of qualified common open space. If 8-foot wide parkways Page 7 are proposed,they could count toward this requirement; parkways must comply with the standards listed in UDC 11-3A-1 7 and 11-3G-3B.4. As a provision of annexation, Staff recommends a site amenity totaling a minimum of one(1)point is provided within the development.A sitting area with a concrete or paver surface with two(2) benches in Lot 7,Block 4.If a structure for shade and picnic tables are added to this area,it could qualify as a picnic area,which is two (2) points; or,the Applicant may choose another qualified amenity from UDC Table 11-3G-4. Pathways: The Pathways Master Plan does not depict a multi-use pathway on this site. A micro-path is proposed on Lot 7,Block 4 for access from the internal sidewalk to the sidewalk along McMillan Rd. The pathway should be constructed per the standards listed in UDC 11-3A-8. Sidewalks(11-3A-1 7): A 5-foot wide detached sidewalk is required along McMillan Rd., an arterial street as proposed. Waterways:No waterways of significant size cross this site. Fencing: A 2.5-foot tall rock wall is proposed at the back edge of the street buffer along McMillan Rd. Fencing is not proposed. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. The existing home proposed to remain on Lot 6,Block 4 is required to connect to City water and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. 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-1 5. 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-1 8. A geotechnica r�po was submitted with this subdivision. Building Elevations: Six(6)conceptual building elevation photos were submitted that demonstrate what future homes in this development will look like(see Section V111Y). A mix of single-story(with and without bonus rooms)and 2-story homes are proposed with a mix of building materials, including stone veneer accents, and architectural elements. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement, and preliminary plat per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zonin%z Commission heard these items on September 15,2022. At the public hearing,the Commission moved to recommend approval of the subject A-Z and PP requests. I. Suminga of Commission public hearing: a. In favor: Maijy Camberlango b. In opposition:None C. Commenting: Randy Spiwak,Parkins-Nourse#14 Lateral Association d. Written testimony: Neil Wilson Page 8 e. Staff presenting application: Bill Parsons f Other Staff commenting on gpplication: None 2. Key issue(s)of public testimony: a. Surface water delively, design of the pressurized irrigation system, and plan approval from the lateral association. 3. Key issue(s)of discussion by Conunission: a. City's requirements to provide a pressurized irrigation system for the propose subdivision. 4. Commission change(s)to Staff recommendation: a. None 5. 6utsianding issue(s) for City Council: a. None C. The Meridian City Council heard these items on October 25,2022. At the public heafing the Council moved to=rove the subject AZ and PP requests. I. Summary of the City Council public hearin : a. In favor: Marty CamberlMggApplicant b. In opposition: None c. Commenting:None d. Written testimpny*None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimon a. None 3. Key issue(s)of discussion by City Council: a. Appreciation that the deisgn of the proposed development is comatible with adjacent residential uses. 4. City Council change(s)to Commission recommendation. a. None Page 9 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map C C46 -)A r LAND SuRvFYI NO PLLC CNent:Ma rty Comberla ngo Date:June 24,202 2 JO No-,1422 ANNEXATION DESGRIFFION A pawcol ot land being a portion of Lot 5 of Crestwood Subdivision No. I and lorated in the NE V4 NE V4 of Section 31.Township 4 North,Range 1 East.Bo�sc Meridia n.Ada County.Ido ho,more pardetAlarly described as follows: Ccrnmencling al a found Zinc Gap monument stamped'PLS 7043'marking 1he NE Cernef of&Md NE V4 NE114.(Sectlan corner common to Sediom 29.3G,31,and 32),sald corner bears S.89'46'04'rz..a dIstance of 2632.39 leet from a found Aluminum Cap marking Tha N 13 of sold Seclion 31: Thence allong Me Northern Boundary line of sad NE V4 HE V4 also being the Cenlefline of E.McMillan Road. N.89'46'04"W.,a distance of��.52 feet W the POINT-OF BEGINNMIG, TWince leaving said NOFtilleffi Boundary.S.0CF13'35"W..a distance of 33.00 to a polint on the 8outhern Right-of-Way of said E_WMil la n Road; Thence along a line that is 6 00 feet West nt and parallel w1h the Easterly boundary of said Lai 5-S. 00'34�25"W.,Es distance of 629.45 faet ID a poink on the Northern Boundary of Havasu Creek Subdivision No-1,Book 66,Page 0737: Thence along said Northern Boundary of Havasu Creek No. 1,and the Norkhern BDu nda:Fy&Havasu Creak Subdivisi on No.2,Book 87,Page 9875. N.89'56'3T W..a d istance of 334-40 feet to a found Y8 inch Von pin stamped'PLS 4116': Thence leavi ng said Northern Dound ary of Havasu Creek Su bd ivi sic n s Na.I and 2 alo n U ffie Vveslerly Boti nda ry al said L ol 5.N 00'3d'25"E.,a d stance of 630-4 7 feet to a point on said SDUth c rn R ight-of-Way of F_Meld!ill an Road rna*ed tYy a found bent 112 inuh iron-pi n without a cap; Thence N.00"!T56"E�.a doota nce of 3 3-00 to a point on said Norlhern Boundary I i ne of sa id N F 114 NE 114 nf sectoln 31; Thenco along sold Northern Boundary line,S.89*46r0el�E..a distance of 334.39 ker 1he POINI-OF This parcel cm lains 5.09 aures(221,05 square feat)More 01'le&S. It 623 11th Avt Svut14Namp,D:)83651 -TL(2M)44�_01 1.5-C,(20)60b-2510 rgxay.c1Kg&rnmJ.co1n Page 10 ANNEXATION EXHIBIT BEING IN LOT 5, BLOCK 1, CRESTWOOD SUBDIVISION NO. 1, LOCAT ED I N THE N E 1/4 N E 114 OF S ECTION 3 1, T. 4 N., R. 1 E., B.M., ADA COUNTY, IDAHO E.MCMILLAN 11113. "PLS 7043' sm NW4604'W NWAY Sec.3G 29 ---& ----i I jn2 sec.3, �,-.-A. N OU'l 3W E Se--.31 3.2 — 33-09 CP&F In5L No.2014-MI92 CP&F Intst No.11 109S263 15ogible No Cap e n,. CRESTWOOD SURDIViTS10K JVO.I mo z BOOK Z6 FIAGE 1'757-175a 41 10 &3 LEGEND CalculaW polnt Fbund zirkc cap mommerd Found allumIrrum cap mnument Found M inc�h dia.imfl pi n 1) Found 1.2 inch dia.irian pin Bloz-(nurnbar 1.0 num1w. Boundary line Property line Sec.31 See.32 Sectim lirie I-CPAF Insr.Ni)-2022-019458 IllegiblO 100 IPLS 4116i� Scale;1 W — ;-89'�56�arw ii� HA VAS V CREEK -5VBDIVT�510P NO 2 HA VASU CREEK SURDI VISION No.I BOOK 87 PACE 9875 �OOK 86 �AGE 9737 COMPASS LAND SURVEYING, PLLC 623 11 th Avenue South Nnmpa, ID 93651 JN 1422 01tice:(208)442-0116 Page I I B. Preliminary Plat(dated: 5/12/22) 4. . oil fin get -oil AM oil cum JIM i i.lim 1 oil, J F f Page 12 C. Landscape Plan(dated: 7/15/2021) NOISIAiagns S3iViS3 HOCIVI V=W � xrl A 7 i"�fl 14! Hi P ;�,u�7r;; C Page 13 D. Conceptual Building Elevation Photos ......... --- Nommom NINE MINEmmi ME On Page 14 Page 15 IX. CITY/AGENCY COMMENTS & CONDITIONS The Applicant shall obtain final approval of the property boundary adjustment application(ROS#12793) from Ada Countyprior to City Council approval of the proposed annexation-.Afinal approval letterfor the PBA application was submitted. A. PLANNING DiviSION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations included in Section VIII and the provisions contained herein. b. The existing home proposed to remain on Lot 6,Block 4 shall be required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. 2. The final plat shall include the following revisions: a. The minimum street frontage of Lot 8,Block 4 shall be a minimum of 30 feet as set forth in UDC 11-2A-3 and Table 11-2A-5 for the R-4 zoning district. b. Graphically depict a 20-foot wide easement for the City of Meridian water main line on Lot 7, Block 4. Also,include a note with the recorded instrument number of the easement; a separate easement will be required. c. Provide a minimum 5-foot wide strip of land outside of the water main line easement noted above for landscaping along the pathway on Lot 7,Block 4. d. Correct the spelling of Matador Ct. (if spelled wrong). 3. The landscape plan submitted with the final plat shall include the following revisions: a. The minimum street frontage of Lot 8,Block 4 shall be a minimum of 30 feet as set forth in UDC 11-2A-3 and Table 11-2A-5 for the R-4 zoning district. b. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accord with the standards listed in UDC 11-3B-10C.5. The Applicant shall coordinate with the City Arborist(Kyle Yorita jgorita@merj!���to determine mitigation requirements prior to removal of existing trees from the site. c. Modify detail#5 on Sheet L-I to include the proposed berm along E. McMillan Rd. d. Depict location of the edge of paving on the plan. If the unimproved street right-of-way is ten (10)feet or greater from the edge of pavement to edge of sidewalk or property line,the developer shall maintain a ten-foot compacted shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover per UDC 11-3B-7C.5a. e. Depict street buffer landscaping in accord with the standards listed in UDC 11-3B-7C. Page 16 f. Depict landscaping(i.e. shrubs along with the trees and vegetative groundcover) along the pathway on Lot 7,Block 4 in accord with the standards listed in UDC 11-3B-12C. g. Include an additional 0.09-acre of qualified common open space per the standards in UDC 11- 3G-3.Ifparkways areprovided toward this requirement, they must comply with the standards listed in UDC 11-3A-17 and 11-3G-3B.4; amend theplat if needed. h. Provide a minimum 5-foot wide strip of land outside of the water main line easement noted above for trees to be planted along the pathway on Lot 7,Block 4. i. Depict a site amenity totaling a minimum of one(1)point.If a structurefor shade andpicnic tables are added to the sitting area proposed on Lot 7, Block 4, this area could qualify as a picnic area, which is two (2)points; or, the Applicant may choose another qualified amenity from UDC Table I I-3G-4. If a shade structures is proposed,provide a detail with thefinalplat application. 4. Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to the setbacks of the R-4 zoning district shall be removed. 5. The address for the existing home is required to change since access will no longer be provided from McMillan Rd. The Applicant should coordinate the new address with the Land Development Dept. (trickskmeridianciU.o or mamadorkmeridianciV.oL-g). B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Must provide to and through to R1608650155. 1.2 Locate sewer manhole E-8 on property boundary. 1.3 Ensure no sewer services 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-gade 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 inftastructure 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 fonns. 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 17 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. 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 I-foot above. Page 18 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.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 No comments were submitted. D. POLICE DEPARTMENT No comments were submitted. E. PARK'S DEPARTMENT No comments were submitted. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridianciU.orglWebLinklDoc View.gApx?id=269801&dbid=0&L�po=MeridianQU&cr =I G. SETTLER'S IRRIGATION DISTRICT(SID) ht(ps:11weblink.meridiancity.org_lWebLinklDoc View.aWx?id=269192&dbid=0&r0o=MeridianCity Page 19 H. WEST ADA SCHOOL DISTRICT(WASD) No comments were submitted. 1. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.ofglWebLinkIDocView.g,v x?id=268719&dbid=O&roo=MeridianCiU ,_p X. 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; The City Council finds the Applicant's request to annex the subject property with R-4 zoning and develop single-family detached dwellings on the site at a gross density of 2.89 units per acre is consistent with the density desired in the LDR designation for this property. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Councilfinds the proposed map amendment to R-4 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Councilfinds the proposed map amendment should not be detrimental to the public health, safety and weffiare as the proposed residential uses should be compatible with adjacent single-family residential homesluses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Councilfinds City services are available to be provided to this development. Comments were not receivedfrom WASD on this application so the Commission is unable to determine impacts to the school district. 5. The annexation(as applicable)is in the best interest of city. The City Councilfinds the proposed annexation is in the best interest of the city. B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 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 City Councilfinds the proposedplat is generally in conformance with the UDC and the Comprehensive Plan. Page 20 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Councilfinds 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 City Councilfinds theplat is in conformance with scheduledpublic improvementsfor this area in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; The City Councilfinds there is publicfinancial capability ofsupporting servicesfor the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Councilfinds the proposed development will not be detrimental to the public health, safety or general we�fare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historicfeatures that need to be preserved with this development. Page 21 E IDIAN AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Denial of Overland & Wells 11 (H- 2022-0030) by Morgan Stonehill Partners, located at 2600 E. Overland Rd. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, aVERIDIANI-- DECISION,AND ORDER \Z2�/ Date of Order: November 9, 2022 Case No.: H-2022-0030 Applicant: Kristen McNeill, Givens Pursley LLP, representing Morgan Stonehill Partners In the Matter of: Request to modify an existing development agreement (Instrument No. 2016-060157)by changing the development plan for the northern portion of the site from a retail grocery store to multi-family residential and vertically integrated residential; request for a conditional use permit for a multi-family development consisting of 345 apartment units on 11.65 acres in the C-G zoning district Pursuant to testimony and evidence received regarding this matter at the public hearing before the City Council of the City of Meridian ("City Council") on October 25, 2022, as to this matter, the City Council enters the following findings of fact, conclusions of law, decision, and order. A. Findings of Fact. I. The facts pertaining to the Applicant's property("Property"), the Applicant's requests, and the process are set forth in the staff report for Case No. H-2022-0030, which is incorporated herein by reference. 2. The Property is encumbered by an existing development agreement ("Development Agreement" or"Instrument No. 2016-060157"). 3. The Applicant is requesting a modification to the Development Agreement to change the development plan for the northern portion of the site from a retail grocery store to multi- family residential and vertically integrated residential ("Proposed Project" or"Phase 11"). Additionally, the Applicant is requesting a conditional use permit("CUP") for a multi- family development consisting of 345 apartment units on 11.65 acres in the C-G zoning district. 4. The Applicant is developing a multi-family project immediately to the cast of the Property which consists of 360 apartment units ("Phase I"). 5. The City Council held a public hearing on October 25, 2022, and received testimony and evidence concerning the proposed modification to the Development Agreement and the proposed CUP. 6. The proposed modification to the Development Agreement would reduce the amount of land available for j ob-creating uses within this geographical area. 7. Certain roadway segments and/or intersection turning movements in this geographical area are failing, and the Proposed Project would exacerbate these issues. FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER Case No.H-2022-0030 Page I 8. Phase I consists of 360 multi-family units. Phase 11 would add 345 additional multi-family units immediately to the west of Phase 1, resulting in a concentration of multi-family units in this geographical area. 9. The proposed CUP is inconsistent with the existing Development Agreement, which contemplates a retail grocery store on the northern portion of the Property, not a multi- family residential development. 10. The Applicant has failed to demonstrate that the proposed modification to the Development Agreement is superior to the existing Development Agreement. 11. Based on the foregoing, it would not be beneficial for the City to agree to a modification to the Development Agreement, which is binding on the City and the Applicant, and may only be amended by mutual consent. B. Conclusions of law. 1. The City Council takes judicial notice of the Unified Development Code of the City of Meridian ("UDC"), codified at Title 11, Meridian City Code; all current zoning maps; and the City of Meridian Comprehensive Plan. 2. The City Council takes judicial notice of the Local Land Use Planning Act ("LLUPA"), codified at Chapter 65, Title 67, Idaho Code. 3. A development agreement is a binding contract. Wylie v. State, 151 Idaho 26, 32, 253 P.3d 700, 706 (2011). The legal effect of a development agreement is determined by the plain meaning of the agreement.Id. 4. A decision to modify a development agreement shall be made by the City Council. UDC § 11-513-3(F)(2). 5. The City Council may modify an existing development agreement, but it is not required to do so under the UDC. UDC § 11-5B-3(F)(2). The City Council may deny a request to modify a development agreement if the proposed modification is not acceptable to the City. See id. Given the findings set forth above, the proposed modification to the Development Agreement is not acceptable to the City. 6. Courts in the Fourth Judicial District of the State of Idaho have held that a City Council's decision to approve or deny a request to modify a development agreement is not subject to judicial review.Brown v. City ofMeridian, CVO I-19-06894, slip op. at 12 (District Court of the Fourth Judicial District of the State of Idaho, County of Ada, Nov. 11, 202 1). 7. A decision to grant or deny a conditional use permit is based, in part, on whether the proposed use is in accord with the requirements set forth in the UDC,which include the utilization of binding development agreements. UDC § 1-513-6; UDC § 11-5B-3(F). The proposed CUP is not consistent with the existing Development Agreement. FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER Case No.H-2022-0030 Page 2 C. Order. Pursuant to the above findings of fact and conclusions of law, the City Council hereby denies the Applicant's request to modify the Development Agreement because the proposed amendment is not acceptable to the City for the reasons set forth above. Additionally, because the proposed CUP is in direct conflict with the requirements set forth in the existing Development Agreement, the City Council hereby denies the Applicant's request for a CUP for a multi-family development consisting of 345 apartment units. D. Final decision. Upon approval by majority vote of the City Council, this is a final decision of the governing body of the City of Meridian. E. Judicial review. Pursuant to Idaho Code section 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code section 67-6521(l)(a), an affected person aggrieved by this final decision may, within twenty-eight (28) days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code section 1-7-10, seek judicial review of this final decision as provided by chapter 52, title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of right to regulatory takings analysis. Pursuant to Idaho Code sections 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. IT IS SO ORDERED by the City Council of the City of Meridian, Idaho, on this 9th day of November 2022. Robert E. Simison 11-9-2022 Mayor Attest: Chris Johnson 11-9-2022 City Clerk FINDINGS OF FACT,CONCLUSIONS OF LAW,DECISION,AND ORDER Case No.H-2022-0030 Page 3 E IDIAN AGENDA ITEM ITEM TOPIC: Development Agreement (Shops at Victory H-2022-0060) Between the City of Meridian and WL Victory Crossing LLC for Property Located at the Southeast Corner of S. Eagle Rd. and E. Victory Rd. ADA COUNTY RECORDER Phil McGrane 2022-092436 BOISE IDAHO Pgs=21 VICTORIA BAILEY 11/10/2022 11:12 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. WL Victory Crossing LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this 9th day of November 1 2022, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY," whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and WL Victory Crossing LLC, an Idaho limited liability company, whose address is 8385 W. Emerald St., Boise, Idaho, 83704, hereinafter called "OWNEWDEVELOPER." 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, commonly known as 3300 Eagle Rd., Meridian, Idaho 83642, and described in Exhibit "A,"which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property;" and 1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance, establish provisions governing the creation, form, recording, modification, enforcement and termination of development agreements required or permitted as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section I 1-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements and the modification of development agreements; and 1.4 WHEREAS, Owner/Developer has submitted an application for development agreement modification to remove the property listed in Exhibit "A" from an existing Development Agreement recorded in Ada County as Instrument #111032845 and for the inclusion of the Property into this new Agreement, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the duly noticed public hearings before the Meridian City Council, as to how the property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested development agreement modification held before the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 27th of September, 2022, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B;" and 1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS, the property listed in Exhibit"A" shall no longer be subject to the terms of the existing Development Agreement (Inst. #111032845) and shall be bound by the terms contained herein in this new agreement; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement modification for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designations are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement, the following words, terms and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to WL Victory Crossing LLC, whose address is 8385 W. Emerald St., Boise, Idaho 83701, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel of Property located in the County of Ada, City of Meridian as described in Exhibit"A" describing a parcel to be removed from existing Development Agreement recorded in Ada County as Instrument#111032845, with such parcel being bound by this new Agreement, which Exhibit"A" is attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted, conditional and/or accessory uses under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: a. Hours of operation for any business on the subject property(3300 S. Eagle Road, Lot 1, Block I of the Shops at Victory Sub.) shall be restricted to the hours between 5 am and 1 Opm. b. Future development shall adhere to the previous approvals for Alternative Compliance for a reduced landscape buffer width in certain areas adjacent to the residential property to the south and east, per the landscape plan ("Landscape Plan") in Exhibit A of the Staff Report which is attached to the original Shops at Victory Development Agreement(Inst# 111032845). The Landscape Plan is incorporated herein by reference. c. Access to this site shall only be provided from one full-access and one right- in/right-out access to/from Eagle Road and one full-access and one right- in/right-out access to/from Victory Road, as shown on the City-approved site plan("Site Plan") included in the Shops at Victory Development Agreement (Inst# 111032845). The Site Plan is incorporated herein by reference. Any other vehicular access points to/from the site are prohibited. d. Owner/Developer shall maintain and adhere to the recorded cross- access/ingress-egress agreement for the three (3)parcels associated with the Shops at Victory subdivision. e. Future development of this site shall be generally consistent with the site layout, landscape plan and building elevations as approved by CZC A-2022- 00 19 as depicted in Section V below and the previous conditions of approval for the subject site: H-2016-0029 and H-2022-0019. 6. COMPLIANCE PERIOD: This Agreement must be fully executed within six (6)months after the date of the Findings or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which actions must be prosecuted with diligence and completed within one hundred eighty(180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code § 67-651 IA, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to the City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes' the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion therefor in accordance with the terms and conditions of this Agreement and all other ordinance of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph I I above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 3 3 E. Broadway Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: WL Victory Crossing LLC 8385 W. Emerald St. Boise, ID 83701 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonable in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party(including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied,between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [End of text. Acknowledgements, signatures, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPER: WL Crosping LLC wv\-,oz vmw-e- bevi6ewteKk (ep y [pr t name] 1pr t CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 11-9-2022 Chris Johnson, City Clerk 11-9-2022 STATE OF IDAHO ss: County of Ada On this r�,q day of �G10 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared Z� N T Wk, known or identified to me to be theOO-ACL�CC of WL Crossing LLC and the person who signed above and acknowledged to me that he executed the same on behalf olf said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. EBRENDA J.IdIEVIPASZKY Notary Public COMMISSION#118841 NOTARY PUBLIC My Commission 4ires: S TATE 0 : F IDAHO STATE OF IDAHO ss County of Ada On this 9th day of November 2022, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho, residing in Meridian, Idaho Commission expires: 3-28-2028 EXHIBIT A LEGAL DESCRIPTION OF THE PREMISES Lot I in Block 1 of Shops at Victory Subdivision, according to the official plat thereof, filed in Book 110 of Plats at Pages 15698 through 15700, records of Ada County, Idaho. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW (:�VEPkIDIAN�___11 AND DECISION & ORDER "111� In the Matter of the Request for Development Agreement Modification to change allowed opening hours for an approved drive-through establishment from 6AM to 5AM at 3300 S. Eagle Road,by White Leisure Development. Case No(s). H-2022-0060 For the City Council Hearing Date of: September 13, 2022 (Findings on September 27,2022) A. Findings of Fact I. Hearing Facts(see attached Staff Report for the hearing date of September 13, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of September 13,2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 13, 2022,incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 13,2022, incorporated by reference) B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title I I Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Shops at Victory MDA—FILE#H-2022-0060) 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 13, 2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § I 1-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Development Agreement Modification is hereby approved per the conditions of approval and new DA provisions in the Staff Report for the hearing date of September 13, 2022,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant falls to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC I 1-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC I 1-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with I 1-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again(UDC I I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with I I-513-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period. Additional time extensions up to two (2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Shops at Victory MDA—FILE#H-2022-0060) determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-5 B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651 IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(l)(a),an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seekjudicial review of this final decision as provided by chapter 52,title 67, Idaho Code.This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of September 13,2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Shops at Victory MDA—FILE#H-2022-0060) By action of the City Council at its regular meeting held on the 27th day of September_, 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED—AYE- COUNCIL MEMBER TREG BERNT VOTED AYE- COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayo'r'RWYeWE.t+n 9-27-2022 Attest: Ctel`slo hn so T 1)-2 7-2 City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: -Wm Dated: 9-27-2022 City Clerk's Office 1\j FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Shops at Victory MDA—FILE#H-2022-0060) Cw/((IENZ COMMUNITY DEVELOPMENT DEPARTMENT HEARING 09/13/2022 Legend DATE: Mrojecf Location TO: Mayor&City Council RU FROM: Alan Tiefenbach,Associate Planner C R- Joseph Dodson,Associate Planner RUT R,1 208-884-5533 1 SUBJECT: H-2022-0060 RUT UT Shops at Victory-MDA R-4 R­ LOCATION: SEC of S. Eagle Rd. and E.Victory Rd. RU R-,2 I . 1. PROJECT DESCRIPTION Development Agreement Modification to change allowed opening hours for an approved drive- through establishment from 6AM to 5AM at 3300 S. Eagle Road. 11. SUMMARY OF REPORT A. Applicant/Representative: Ken Lenz, White Leasure Development—8385 W. Emerald St,Boise ID 83701 B. Owner: WL Victory Crossings LLC—8385 W. Emerald St, Boise 1D 83701 111. STAFF ANALYSIS The property is 0.84 acres in area,zoned C-C, and is one of three commercial lots comprising the Shops at Victory Development which was annexed in 2008 (AZ-008-007,PP-08-006,DA Inst. #111032845). The existing Development Agreement allows all uses allowed in the C-C zoning district,with hours of operation limited to 6am to lOpm due to the adjacent residences to southeast and east. Alternative Compliance was approved as part of the annexation to allow a residential buffer with widths as little as 10 feet where 25 feet is typically required along the south and eastern property lines,with a condition that a 6 ft tall Verti-Crete wall be constructed within the reduced buffer—much of this buffer does meet the standard 25-foot width. The final plat for this property was completed in 2016 after four time-extensions were approved(H-2016-0029). The Rite Aid on the hard comer received administrative approvals in 2015 (A-2015-0061)with construction occurring in 2016. The eastern most commercial has received conditional use permit approval and administrative approvals to construct a daycare center but construction of that facility has not yet started(H-2021-0003 &A- 2021-0072,respectively). In May of 2022,a conditional use permit(CUP)was approved for this subject property(3300 S. Eagle)to allow a drive-through establishment within 300 feet of an existing residence and another drive through facility(H-2022-0019); a CZC was issued in July of 2022 (A-2022-0134)for the coffee shop drive-through. With the CUP,the applicant mentioned their desire for an opening time of 5AM rather than the 6AM noted in the DA. As this was a development agreement requirement, the project was conditioned to operate from 6AM to I OPM per the recorded development agreement unless otherwise modified through a subsequent development agreement modification. There is an existing single-family residence on a 5-acre lot directly east and south of the subject property. This would be the property owner most impacted by any proposed changes to the allowed hours of operation.At the time of the CUP for the drive through establishment,the property owner submitted a letter in support stating the applicant had been very receptive to all their requests with the initial development,they had installed a Verti-Crete fence along their property line that was higher quality than would have been required, ensured lighting impacts were mitigated and expressed their faith that the applicant's choice of location was acceptable. Staff has not received any further correspondence from this property owner.North of the subject property is the existing Rite Aid and S. Eagle Rd is to the west so Staff finds the proposed additional hour of operation in the morning should not have any impact on the existing commercial use. The existing development agreement states"The applicant shall be responsible for all costs associated with the sewer and water service extension as set forth in Exhibit C attached hereto and by this reference incorporated herein as if set forth in full. Said costs shall be paid prior to commencement of any building construction."As of August 16, 2022,this Applicant has paid their required proportionate share of this agreement and has satisfied this DA provision for the subject property. In addition,many of the existing provisions have been satisfied over the years and are no longer applicable for the subject site. Therefore, Staff is recommending this parcel be removed from the existing DA and placed into its own for the purpose of governing this lot in perpetuity. Staff s recommended DA provisions are below. IV. DECISION A. Staff: 1. Staff recommends the City Council approve the applicant's request for a development agreement modification and enter into a new DA with the following provisions at a minimum: a. Hours of operation for any business on the subject property(3300 S. Eagle Road,Lot 1 Block I of the Shops at Victory Sub.) shall be restricted to the hours between 5am and lOpm. b. Future development shall adhere to the previous approvals for Alternative Compliance for a reduced landscape buffer width in certain areas adjacent to the residential property to the south and east,per the landscape plan attached in Exhibit A of the staff report attached in the original development agreement for the Shops at Victory Development Agreement(Inst# 111032845). c. Access to this site shall only be provided from one full-access and one right-in/right-out access to/from Eagle Road and one full-access and one right-in/right-out access to/from Victory Road, as shown on the City approved site plan included in the development agreement for the Shops at Victory Development Agreement(Inst# 111032845).Any other vehicular access points to/from the site are prohibited. d. Owner/Developer shall maintain and adhere to the recorded cross-access/ingress-egress agreement for the three(3)parcels associated with the Shops at Victory subdivision. e. Future development of this site shall be generally consistent with the site layout, landscape plan and building elevations as approved by CZC A-2022-0019 as depicted in Section V below and the previous conditions of approval for the subject site: H-2016-0029 and H-2022- 0019). B. The Meridian City Council heard these items on September 13, 2022. At the public hearing,the Council moved to approve the subject Development Agreement Modification request. 1. SummaU of the City Council public he� a. In favor: Jason White,Applicant; Bob Aldridge,neighbor. b. In opposition:None c. Commenting: Jason White; Bob Aldddge, d. Written testimpny�_David Palumbo—noted concerns with development in South Meridian overall,not specific to this project. e. Staff presenting-application: Bill Parsons,Planning Superviso f. Other Staff commenting on application: None 2. Key issue(s)of public testimon a. Support for proposed change and noted agreement with developer by affected ndghbor to the south/southeast; 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Staff recommendation: a. None V. EXHIBITS A. Approved CZC Site Plan ++ I r! ++ ... ..... ..... ..... ..... + + + +1----------------- +++::+ ++++ + v.+.+:+.+:4 + ++ . ... . . . . ..... . . . .. . .. . . . .. ... +-+t +1+ + ++'+'+ +:+"+"+: + +*+,::: + + + ++ + +++,+,+,++++++,+,+, .,-.:-:+ + + +.I.I.I. . . . .. . "I . . .. . . . .... . . .. .. . . . .. ... . . . .. . . . ... .. ... . .. . . .. . . . . .. .. ... . . . .. . . . ... .. . . . . 121 + + L B. Approved CZC Landscape Plan ------------ ----------- Pj I+1 4 pi + + + + ++�-+-�-+-�++ + + + 4 1 I + + +++ 64- I 1 4 + + 41. % +:+:+:+:+.+ ,4t I jt.t t - - t.* SM t4 Wff". 4 UUI,X�-, I 0.0 + + + + W�x X��m +,+ + C. Approved CZC Elevations WI-E T�.-E - -5 LACK RI (-,)DRIVE THRU ELEVATION (-, �FRDNT TI In ID I — - r FF� EJ 0�1_E I EVATICII VAI )N jr R EIE� C. Existing Development Agreement Provisions 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY-. 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: I. The applicant shall be responsible for all costs associated with the sewer and water service extension as set forth in Exhibit C attached hereto and by this reference incorporated herein as if set forth in full. Said costs shall be paid prior to commencement of any building construction. 2. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7- 5 17, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance witb UDC 11-31). 4. The request for Alternative Compliance for a reduced buffer width in certain areas adjacent to the residential property to the south, is approved per the landscape plan attached in Exhibit A of the staff report and in accordance with the DA provisions and conditions of approval noted in the Shops at Victory staff TepOrt. 5. Construct a minimurn 6-foot tall verti-crete wall adjacent to the residential property to the SDutb in the areas where the buffer width is below the required 25-feet, as shown on the fencing plan in Exhibit A.5, as approved through Alternative Compliance with this application. Construct a minimum 6-foot tall solid vinyl fencing in all other areas along the, perimeter boundary adjacent to residential uses. All fencing shall be constructed in accordance with the standards listed in UDC I 1-3A-7C. 6. Provide a mininium 5-foot �vidc detached sidewalk along both Eagle Road and Victory Road beyond the ultimate right-of-way of the reconstructed and widened intersection, Said sidewalk shall extend across the Aldridge property along Eagle Road to Falcon Drive and be located within a public pedestrian easement. 7. Access to this site shall only be provided from one full-access and one right-iri/right-out access tolftom Eagle Road and one full-access and one night-in/right-out access to/frorn Victory Road, as proposed by the applicant, as shown on the City approved site plan attached hereto as Exhibit D and by this reference incorporated herein as if set forth in full. Any other vehicular access points to/from the site are probibited. 8. A cross-access/ingress-egress easement shall be recorded to/from Eagle Road and Victory Read benefitting all lots within the subdiNriSioll. 9. Provide a pedesffian coune tion (patbway and break in the fence) from this site to the future pathway in Harcourt Subdivision. 10, A minimum of 2 buildings shall be constructed on the site and the maximum building fbotpnint of anyone building shall not exceed 20,000 square feet. 11. Hours of operation for the businesses within this development shall be restricted to the hours between 6 am and 10 pm. 12, The Applicant shall omply with the tree preservation standards listed in UDC 1 1-313-10 for protection of existing trees that are proposed to be retained and existing trees 4-inch caliper and greater (hat are proposed to be remov0d, The applicant's proposal to plant trees along the southeni and eastern property boundaries as mitigation for trees removed from the site is approved per the landscape plan included in Exhibit A of the staff report. 1.3, The detailed site plan and building elevations submitted with any future CUP arid/or CZC application for this site shall substantially comply with the conceptual site plan and building elevatioiis submitted to the City as shown in Exhibit A of the staff report, 14. The Applicant shall submit a letter of final approval from Ada County Development Services for the Boundary Line Adjustment and a recorded copy of the Record of Survey, prior to approval of the annexation ordinance by City Council and publication of the ordinance in the newspaper. E IDIAN AGENDA ITEM ITEM TOPIC: Development Agreement (1160 W. Ustick Rd. aka Wood Rose Apartments H- 2021-0092) Between the City of Meridian and The Housing Company for Property Located at 1160 W. Ustick Rd. CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: l City ofMeridian 2. The Housing Company, Owner/Developer THIS DEVELOPMENT AGREEMENT(this cmd,io made and entered into this 9fh day of- November 2022, by and between City of Meridian, m municipal corporation ofthe State of Idaho, heruuOcc called CD[l' whose address is 33 E. Broadway Avenue, Meridian, Idaho 83042 and The R8numiog Company, whose address is 505 VV Myrtle Street, Suite 250, Boise, {D837O2, hereinafter called (}WNBD/DBYBL(}PBD. l. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity,of certain tract of land in the County of Ada, State o[Idaho, described io Exhibit ^'/\", which is attached hereto and by this reference incorporated herein as lf set forth in full, herein after referred to os the Property; and 1.2 WHEREAS, Idaho Code § O7-65\ |A provides that cities may, byordinance, require or permit as 000ndidon oy zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enuotouout of Section l )-5L3-3of the Unified Development Code(^^lJ[}C"),which authorizes / development agreements upon the annexation and/or re-zoning of land; and | 1.4 WHEREAS, Owner/Developer has subrn itted an application for an annexation � and rezone on the property as shown in Exhibit "&" under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to � how the Property will be developed and what improvements will be rnade;and |.O WHEREAS,the record nf the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and ' 1.7 WHEREAS, on the 15'h day of February, 2022, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to The Housing Company, whose address is 565 W Myrtle Street, Suite 250, Boise, ID 83702 hereinafter called OV�NER/DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s) and/or developer(s) of the Property, including, but not limited to, any limited partnership or limited liability company controlled directly or indirectly by The Housing Company as the general partner or manager, respectively. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the approved concept plans and conceptual elevations included in Section VII of the Staff Report that is attached to the Findings of Fact and Conclusions of Law hereto attached at Exhibit B and the provisions contained herein. b. Before the multi-family units are placed in service (release of the first Certificate of Occupancy), Owner and/or Developer shall record a low-income housing tax credit regulatory agreement with the Ada County Recorder's Office to restrict the rental rates on the units for a minimum of thirty (30) years to ensure the units are affordable to individuals and families earning,averaged within the entire project,no more than sixty percent(60%)of the area median income and provide said agreement prior to issuance of any building permit for the proposed use: except that up to six (6) of the proposed units may be market rate units to allow for flexibility in the funding source for this project. c. With the first phase of development, any existing structures on the property shall be removed and all existing driveway curb-cuts to Ustick Road shall be closed. d. Future structures proposed along the Ustick Road frontage shall provide modulation in building placement as well as architectural elements. e. With the future Conditional Use Permit application,the submitted site plan shall depict the location of cross-access along the east property boundary to ensure cross-access with Parcel S0436347150. f. The Applicant shall record a cross-access agreement to the property to the east(Parcel S0436347150) for easier access to and from the future commercial uses along W. Ustick Road; the recorded agreement shall be submitted with the future Certificate of Zoning Compliance application. g. The Applicant shall deed the required right-of-way for N. Cooper A venue to ACHD prior to submitting for Certificate of Zoning Compliance approval. h. Prior to submitting for Certificate of Zoning Compliance approval,the Applicant shall deed the required future right-of-way to ACHD for the extension of NW I I th Avenue in the northwest comer of the property i. Prior to commencement of the multi-family use on the property, the applicant shall obtain approval of a conditional use permit and meet the specific use standards set forth in UDC 11-4-3-27. 6. COMPLIANCE PERIOD: This Agreement must be fully executed by December 3 1, 2022 or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property,fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period.In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall,upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511 A,have the right,but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and tenninate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement.Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owner/Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds,irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City,or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph I I above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 3 3 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: The Housing Company P.O. Box 6943 Boise, ID 83707 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement,the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPER: The Housing Company r-"� By: CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 11-9-2022 Chris Johnson, City Clerk 11-9-2022 STATE OF IDAHO ss: County of Ada � On this 9 day ofCi4o6et- 2022,before me,the undersigned,a Notary Public in and 1br said State, personally appeared—6,4.,, Av%.4&r50--% known or identified to meto be the Me-e-C6-e- -of The Housing Company and the person who signed above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notar�fAi'c for,*-3- 11 ZZ Residing at: V a k A OTA 10 0 00 My Commis 0 't '0013 LIC % STATE OF IDAHO % 7.No ss 10 00 County of Ada F 2 On this 9th day of November 2022, betbre me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2028 ANNEXATION EXHIBIT A LEGAL DESCRIPTION Being a portion of the SWI/4 of the SEI/4 of the SWI/4 of Section 36,T 4N,R IW, Boise Meridian,City of Meridian,Ada County,Idaho, more particularly described as follows: Commencing at the southwest corner of said Section 36 which bears N8842'44"W a distance of 2,662.13 feet from the south quarter corner of said Section 36;thence on the south line of said Section 36 S88'42'44"E a distance of 1,331.05 feet to the west sixteenth corner of said Section 36 also being the Point of Beginning; thence continuing on said South line of Section 36 S88'42'44"E a distance of 665.55 feet; thence N00023'45"E a distance of 141.63 feet; thence N67009'18"W a distance of 129.84 feet; thence N71'02'01"W a distance of 75.67 feet; thence N66'36'48"W a distance of 55.79 feet; thence N51'23'44"W a distance of 66.02 feet; thence N47'26'23"W a distance of 78.17 feet; thence N38028'47"W a distance of 31.20 feet; thence N72'42'37"W a distance of 123.96 feet; thence N71013'56"W a distance of 117.61 feet;thence N69015'27"W a distance of 67.37 feet to a point on said sixteenth line of Section 36;thence on said sixteenth line of Section 36 SOO'20'32"W a distance of 440.85 feet to the Point of Beginning. Containing 4.54 Acres more or less LA ,CEN IL 18350 (j) N ANNEXAVON PORTION OF SW 1/4 OF THE SE 1/4 Scale I'=400' OF THE SW 1/4 OF SECTION 34, 6mmmmmmmme�— T.4N., RI .W., E301SE MERIDIAN, CITY 0 200' 400, OF MERIDIAN, ADA COUNTY, IDAHO. REARINGS AND DISTANCES MA� VA%FROM PREVIOUS PLATS DUE TO DIFFERENT ETHODS OF MEASUREMENTS, PPLE PINE z _ __�Z-�i 0 OODCH Lu W7 w of a.—VVO-CR7pq1q,�-� 0 Lu z 0 R-Q�D Z) L6 L5 z L -i z L3 w L C-01 L10 < L9 z L8 w > P.O.d. P.QC. MS-42' -----------E7-- SW CORN S88'49'44" SECTION 36 ::W��1/16C R EIR S88*42'44"E-:2616213'B B USTICK ROAD N 6 PEBB STONE ST. N ST. Lu S 1/4 CORNER Of 0 SECTION 36 Cal Lu TICK ROAD Rw Parcel Line Table STANHOPE ST z Line# Length Bearing w Ll 440.85' SO'20'32"W w < F- L2 78.17' N47'26'23"W LIL 00 1-3 31.20' N38'28'47"W FOUND MONUMENT B.O.B.BASIS OF BEARING L4 1 123.96' N72o42'37"W P.O.B.POINT OF BEGINNING L5 117.61' N71'13'56"W P.O.C. POINT OF COMMENCEMENT L6 67.37' N690 15'27"W CITY OF MERIDIAN L7 129.84' N67'09'18"W r 1-8 75.67' N71*02'01"W AREA TO BE ANNEXED L9 55.79' N66o 36'48"W L10 66.02' N510 23'44"W 1-11 141.63' NO*23'45"E ACKERMAN f%%;ESTV0T-r5- 7661 West Riverside Drive,Ste.102 ,Garden City,ID 83714 208.853.6470.www,ackerman-estvold.com ,JOB No: R21189 Minot.ND I Fargo,ND I Withaton,ND I Boise,ID�� EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW (.��VEIP\IDIANI_� AND DECISION & ORDER '111� In the Matter of the Request for Annexation and Zoning of 4.54 acres of land with a request for the R-15 zoning district for the future purpose of constructing an affordable housing,multi-family residential project,by The Housing Company. Case No(s). H-2021-0092 For the City Council Hearing Date of. February 1, 2022 (Findings on February 15, 2022) A. Findings of Fact I. Hearing Facts(see attached Staff Report for the hearing date of February 1, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 1, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of February 1, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 1, 2022, incorporated by reference) B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title I I Meridian City Code, and all current zoning maps thereof The City of Meridian has, by ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(1160 W.Ustick Annexation—FILE#H-2021-0092) 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 1, 2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § I I-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 1, 2022, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC I I-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years, may be considered for final approval without resubmission for preliminary plat approval (UDC I 1-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with I I-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shal I be required to go through the platting procedure again (UDC I I- 613-7Q. Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with I I-513-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period. Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(1160 W.Ustick Annexation—FILE#H-2021-0092) or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-513-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651 IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis I. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-652 1, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 1, 2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(1160 W.Ustick Annexation—FILE#H-2021-0092) By action of the City Council at its regular meeting held on the 15th day of February 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER TREG BERNT VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor RobertE. Sirni�� Attest: C�VIE"'I"I N SEAL Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-15-2022 Cit�'C"leAVsW-fici- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(1160 W.Ustick Annexation-FILE#H-2021-0092) STAFF REPORT El� C>Wl COMMUNITY DEVELOPMENT DEPARTMENT HEARING 2/1/2022 DATE: Legend OF 241 NOM17M 0 ElProject Locaticn TO: Mayor&City Council FROM: Joe Dodson,Associate Planner 208-884-5533 SUBJECT: H-2021-0092 U 1160 W. Ustick Annexation AtT LOCATION: The site is located at 1160 W. Ustick U111111UH Road,on the north side of Ustick between N. Linder Road and N. Venable Avenue, in the SE 1/4 of the SW 1/4 of Section 36,Township 4N,Range IW. 1. PROJECT DESCRIPTION Annexation and Zoning of 4.54 acres of land with a request for the R-15 zoning district for the future purpose of constructing an affordable housing,multi-family residential project,by The Housing Company. 11. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—4.54 acres;Project Site—3.81 acres Future Land Use Designation Mixed-Use Community(MU-C)and Medium Density Residential (MDR) Existing Land Use(s) Vacant Proposed Land Use(s) Multi-family Residential,rent restricted Lots(#and type;bldg./common) One(1)building lot known at this time. Phasing Plan(#of phases) Proposed as one phase. Physical Features(waterways, Lemp Canal runs along north boundary and is piped. hazards,flood plain,hillside) Neighborhood meeting date;#of October 26,2021 —number of attendees unknown by Staff. attendees: History(previous approvals) N/A B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (Yes/no) Access Access is proposed to W. Ustick Road(arterial)via construction of a new local (Arterial/Collectors/State street connection at the very southeast comer of the site in alignment with N. Hwy/Local)(Existing and Blairmore Way on the south side of W.Ustick Road. Proposed) Stub Applicant is proposing to extend a new local street from Ustick to the north Street/Interconnectivity/Cross property boundary(length is approximately 100 feet).No other stub streets or are Access proposed. Existing Road Network Ustick Road is an existing 5-lane arterial street—4 lanes of travel plus a center turn lane. Existing Arterial Sidewalks Ustick Road is constructed with curb,gutter,and 5-foot detached sidewalk. Buffers Proposed Road ACHD staff report notes that no road improvements are required as Ustick Road is Improvements currently built to its ultimate configuration adjacent to the site. Fire Service • Distance to Fire 1.8 miles to Fire Station#2; 1.9 miles to Fire Station#3. Station • Fire Response Time Project lies within 5-minute response time goal. Police Service Concerns None/no comments Wastewater Impacts/Concems * Provide to-and-through to 3335 N Cooper Ln in a way that meets city requirements. * Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls,fences,infiltration trenches,light poles,etc.)are built within the utility easement. 9 Ensure no sewer services cross infiltration trenches Water • Project Consistent Yes with Water Master Plan • Impacts/Concerns 9 There are no changes to the water infrastructure shown in this record.A utility plan will need to be reviewed and approved by PW. 9 There is an existing water stub off of W Ustick Rd that will either need to be used or abandoned. all a am LU Lu 0 LLLI am a EWAN ap I a NONNI MEMO TI IIIIII r-d., ------- all a a sommons, IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 12/21/2021 1/16/2022 Radius notification mailed to properties within 500 feet 12/15/2021 1/14/2022 Site Posting 12/21/2021 1/21/2022 Nextdoor posting 12/16/2021 1/14/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridiancity.orzlcompplan) The subject project site includes two f4ture land use designations: Mixed-use Community is shown on a majority of the site with Medium Density Residential being shown on the west quarter of the site. Mixed Use Community (MU-C)—The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood (MU-N) areas, but not as large as in Mixed Use Regional (MU- R)areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to (up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. Medium Density Residential(MDR)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school,or land dedicated for public services. The subject site is approximately 3.8 acres in size and abuts W. Ustick Road along its entire southern boundary. The property is widest at the west boundary and smallest at the east boundary, approximately 390feet versus 90feet, respectively. There are no public streets abutting the site exceptfor approximately I I feet of right-of-way at the very northwest corner of the sitefor NW I Ph Avenue. The placement of this stub street is not in an ideal location as its extension now relies on two different parcels to extend it or dedicate additional right-of-way. Unfortunately, the placement of this stub street will likely dictate a majority or all of the public road to be on the property to the west, 1250 W. Ustick Road, to connect to a stub street on its west boundaiyfi-om Tetherow Crossing Subdivision. In addition, at the northeast corner of the site a relatively large residential lot exists (3335 N. Cooper Lane) that was annexed and zoned as part of the adjacent Woodburn West Subdivision to the north but does not take access through that subdivision. Instead, this property takes access via a private road easement through this subject site to Ustick. Between this parcel and the Woodburn subdivision and running along the entire northern boundary is a common lot owned by the Woodburn HOA which contains the piped Lemp Canal. This common lot does not appear to befenced offfrom the subject parcel but the submitted conceptplans do not contemplate this area either. Staff assumes this area will be fenced offsince there are two different property owners; Staff notes that iffencing is proposed in thefuture, open visionfencing will be requiredfor crimeprevention purposes per the Unified Development Code(UDQ. Therefore, the property is a relatively odd-shaped parcel with its own set of challenges derivedfrom previous planning decisions, its dimensions, and its general location. As briefly discussed, the majority of adjacent parcels are single-family residential with the exception of the C-Cproperty to the east that shares approximately 90feet ofproperty boundary. This property, Settlers Square, recently received Development Agreement modijication to include MUlti7family townhomes on the north half of their site. More importantly, that Applicant is required to provide cross-access between their property and this one. In anticipation of this, the submitted conce tplanfor this site should also depict an area of cross-access in reciprocation. p The proposed usefor the subject site is multi-family residential which is a conditional use in the requested R-15 zoning district and is subject to specific use standards (UDC 11-4-3-27). However, the Applicant is proposing this project with a couple notable differences to traditional multi-family residential seen elsewhere in the City ofMeridian. First, the submitted conceptplan and conceptual elevations show 6-plexes and 8-plexes, no more than two-story in height, that are accessedfrom one side of the building and look similar to a townhome instead of a garden style apartment. Secondly, the Applicant proposes this multi-family project to be affordable housing in theform ofdeed restricted rentsfor the entire site. Stafffinds the specific use of affordable housing, no matter the type, is greatly needed within the City and is essentially its own residential use. Staff has worked with the City Attorney's office to propose adequate Development Agreement (DA)provisions to ensure the proposed use of deed restricted housing units is maintained. As noted above, the subject site contains twofuture land use designations, Mixed Use Community (MU-C) and Medium Density Residential(MDR). Stafffinds the proposed use to be in alignment with the anticipated uses in both designations. Furthermore,future land use designations are not always parcel speci/ic when more than one exists on the same project area. In short, the City has allowed Applicants to utilize one or both of the designationsfor their project site. However, in orderfor the proposed 52 affordable multi-family units to meet the gross density requirements, the project must be analyzed against the MU-C designation which allows dwellings at a gross density of 6-15 dulac. Staff notes that a future Conditional Use Permit(CUP) will be required and the number of units will be more thoroughly analyzed with that application. The subject Mu- C area is located around a mid-mile corridor and has minimal commercial uses currently developed. Previous applications in the area have allowed a reduction in commercial areas due to the viability of commercial being lower in these mid-mile locations than on the arterial intersections. However, Staffanticipates most of the remaining unannexed land to the east that is part ofthis MU-C bubble will be commercial because they directly abut Ustick Road which drastically increases the visibility offuture businesses. In addition, as seen on thefuture land use map, the area to the north ofsubjectparcel was specijically carved out of the MU-C area to allowfor more traditional residential uses. This choice, coupled with the existing stub street locations and large annexed outparcels adjacent to the site, has created a site that cannot viably meet thefundamental goals andpolicies outlined in the comprehensive planfor the previously envisioned mixed usefuture land use. Minimal opportunities existfor shared spaces with other MU-Cparcels to the east and even cross-access to the C-Cparcel to the east is only attainable through 90feet ofshared property line. Because of these constraints to the site and nearby area, Sta does notfind itfeasiblefor the Applicant to meet all of the mixed-use policies,provide Of additional commercial area, and should instead be an affordable MUlti7family housing development. Outside of the proposed use, the concept plan should also be analyzed against the Comprehensive Plan. The submitted concept plan depicts six (6) 6-plex building and two (2) 8-plex buildings, all two-story in height and the 8-plex buildings only proposed along Ustick. The proposed 6-plex buildings are only two-stoiy in the center of the building with the outer units being shown with an elevated roofline and apparent bonus room or vaulted ceilings;no more than four(4) units are on thefirstfloor of each building. The site is shown with a looping drive aisle due to the odd shape of the parcel that has parking on both sides and the clubhouse andplayground area in the center of the project. Because of the existing common lot between this parcel and the Woodburn Subdivision to the north, the two-story buildings are proposed with a relatively large physical separation. In addition, at least three of the homes closest to the subject site are two-story in height. The Applicant is also showing open space adjacent to the single-family home to the northeast taking access via a private drive. Along the west boundary, the Applicant is showing a 15-foot buffer that would be adjacent to afuture road extension (NW I Ph Avenue)for a majority of this sharedproperi),lin&--the existing single-family home on this adjacent propero,is located on the west side of its lot, approximately I 00feetfrom the sharedpropero,line. Therefore, Staff finds the Applicant has provided appropriate building massing, open space locations and buffer widths, and appropriate transition of residential use and densit�v to adjacent residential uses. Because of this analysis, Stqfffinds the proposedproject and use of affordable multi-family residential to be generally consistent with the Comprehensive Plan. Specific Comprehensive Plan policies are discussed and analyzed below. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511 A.In order to ensure the site develops as proposed with this application and phasing plan, Staff recommends a DA as a provision of annexation with the provisions included in Section HILA 1. The DA is required to be signed by the propero, owner(s)ldeveloper and returned to the Cio,within 6 months of the Council granting the annexationfor approval. B. Comprehensive Plan Policies(httys:llwww.meridiancitv.orzlcompplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Consider providing incentives to developers that produce affordable housing units as defined by f'ederal and state agencies."(2.0 1.0 11).Although the City does notprovide economic or dimensional relief to Applicantsfor affordable housing, Stqfffinds it appropriate to analyze this project outside of the mixed-usefuture land use vacuum. In addition, because the use of affordable housing units is in great need within the Cit),ofMeridian, Staff has proposed DA provisions to ensure the proposed use is maintainedfor many years to come. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation,schools,fire,and parks"(3.02.0 1 G).All Cio,services are availablefor the subject site. West Ada School District(WASD)has submitted a letter noting that approximately 24 school aged children could be housed in thefuture development and all schools in the applicable attendance areas currently have capacit),to accommodate additional children. A CHD has provided a staff report that analyzed the proposedproject and has approved the submitted conceptualplan, use, and transportation element. "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City."(2.0 1.0 1 G). As noted above, the proposed use of affordable multi-family housing can be considered a separate residential use and Staff has chosen to view it in this way. Traditional multi- fiamily residential exists to the southeast of the site on the south side of Ustick and townhome style multi-family is proposed on a portion of the C-C property directly to the east; detached single-family residential exists to the south, west, and north of the subject site and are all zoned R-8. The multi-family component of the use would be a new use on the north side of Ustick in this area; the affordable housing component of the use would be a use the City ofMeridian has not seen in many years in anyplace in the City. Staff supports theproposed use. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.0 ID).Despite theproject being on an odd shapedparcel with many constraints, the submitted conceptplan depicts robust pedestrian facilities throughout the site and to adjacent parcels. The Applicant is showing multiple connections to the existing arterial sidewalk as well as a pedestrian connection to the eastproperty line and at the very northwest corner of the siteforfuture connectivity. Due to the requirements of the project to the east, it is anticipated the pedestrian facilities will be continued within the commercial component of that project. In addition, the connection at the northwest corner would connect to the attached sidewalk along thefuture extension ofNW I ph Avenue. Additional pedestrian connectivity may be required with thefuture CUP application. "Encourage a variety of housing types that meet the needs,preferences,and financial capabilities of Meridian's present and future residents." (2.01.02D). Proposed use of affordable multi-family housing units is encouraged to assist in meeting the needs ofpresent andfuture residents based on theirfinancial capabilities. In addition to general comprehensive plan policies, Staff finds the following mixed-use policies are also met with the proposed development: • 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. • 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. • 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. • 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. Stafffinds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: There is one existing structure on the property that appears to be a large concrete structure. This structure will be removed upon project development. In addition,there is existing 5-foot wide detached sidewalk along Ustick Road that will be protected and maintained during construction. D. Proposed Use Analysis: The proposed use of Multi-Family Residential is a conditional use in the requested R-15 zoning district. Staff has included analysis on the proposed use in relation to adjacent properties and the underlying future land use in the Comprehensive Plan section above. All required specific use standards for the proposed use will be analyzed with the future CUP applications. E. Dimensional Standards (UDC 11-2) The Applicant is proposing to annex the subject property into the City with the R-15 zoning district. As noted above, the proposed use is multi-family so the use is proposed on one lot and will therefore meet the minimum lot size requirement of 2,500 square feet. In addition,multi- family residential specific use standards require at least 10 feet of separation between buildings and to any property line. According to the submitted concept plan, the Applicant is in compliance with this dimensional standard. The R-15 zoning district has a minimum landscape buffer requirement of 25 feet to any adjacent arterial street. The submitted concept plan shows this 25-foot landscape buffer to W. Ustick compliant with the required dimensional standards. The R-15 zoning district has a maximum height limit of 40 feet. The submitted conceptual elevations do not depict measurements but all buildings are proposed as two-story in height so Staff is not concerned with the Applicant meeting this standard. With a future CUP application, Staff will confirm conformance with the required dimensional standards of the R-15 zone and the multi-family residential project specific use standards (11-4-3-27). F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual) The Applicant has submitted conceptual elevations of the future multi-family 6-plex buildings but not of the noted 8-plex buildings.Multi-family residential projects require Administrative Design Review(DES)approval with future applications so Staff will perform a thorough analysis at that time. The Applicant has the option to submit concurrently for design review with their future CUP application. Initial review of the conceptual elevations depicts a 6-plex building with varying roofprojiles and materials including stone,fiber-cement lap siding, and board& batten in different layouts. The elevations also depict the tallest portion of the buildings toface in towards the site which appears to minimize the building massingJacing adjacent properties. G. Access(UDC-1 1-3A-3, 11-3H-4): Access is proposed to W. Ustick Road (arterial)via construction of a new local street connection at the very southeast comer of the site in alignment with N. Blairmore Way on the south side of W. Ustick Road. The submitted plans show this new road to extend from Ustick and then terminate at the north property boundary to be a total of approximately 100 feet in length. Access to the multi-family residential buildings is proposed off of this new local street segment in the form of a driveway connection on its west side. All parking and access to the proposed units are off of this drive aisle that loops through the site. There is an existing home at the northeast comer of the subject property that currently takes access to Ustick Road via a private lane easement,N. Cooper Lane. According to the Applicant, the existing location of this private lane and curb cut are not in the correct position per the recorded easement. In fact,the Applicant has stated the easement is located further east and in alignment with the proposed local street extension. Therefore, the Applicant does not have to relocate the easement so long as access is still being provided as proposed. In addition, the Applicant is proposing to construct a new segment of private driveway for this homeowner to have access to the new local street.ACHD has offered their support of the proposed access and driveway connections for the project. Local street access is not currently available to serve this site.Further,the applicant should provide cross access to the eastern parcel to allow access to the planned commercial uses and reciprocate access as was required with the adjacent eastern property. The executed cross access agreement should be submitted with the future CZC application. As noted above, there is a small area of existing right-of-wayfor NW I I th Avenue abutting the subject site at the very northwest corner. It is anticipated this public road would be extended wholly on the property to the west exceptfor the sliver of right-oj'-way aforementioned(see exhibit to the right). The property to the west has an additional ru public street stub to their west boundan)from Tetherow LU Crossing Subdivision currently under development. Therefore, the property to the west would be responsiblefor two public street extensions within the MDR designation. Code callsfor cross-access between parcels but because of the proposed development and site constraints, Staff does notfind it necessary to require a stub to the west boundatyforfuture connectivity. Further, Stafffinds if a connection were to be required, it would promote cross-access through parking drive aisles meant to serve thefuture residents of this site; this would create more of a thoroughfarefor residential trafJic through this drive aisle that is intendedfor parking and access to the multi-family units. Commission and Council should determine if cross-access to the west is neededfor this property in spite of thesefactors. In general, Staff supports the proposed transportation element of NAG MA71C AD the subject project and site. AL C H. Parking(UDC 11-30 Off-street parking is required to be provided in accord with the standards listed in UDC Table H- 3C­6B for residential uses based on the number of bedrooms per unit and should include guest spaces based on the ratio of one(1) space for every 10 dwelling units. Because this application does not directly analyze unit count, Staff will confirm compliance with these standards with the future CUP submittal for the proposed use. In anticipation of this review,the Applicant did provide conceptual bedroom and parking counts on the conceptual site plan. According to these numbers, a minimum of 105 parking spaces (at least 52 covered spaces)would be required for the conceptual 52 units and includes the required five (5)guest spaces. The conceptual site plan shows a total of 115 parking spaces,of which 5 2 are proposed to be covered. Initial review of the concept plan does not give Staff concern over the amount of parking due to the anticipated number of spaces being above the requirement and Staff sees a few areas on the site plan to include a few additional spaces. L Sidewalks(UDC 11-3A-1 7) A 5-foot wide detached sidewalk is existing along W. Ustick Road. The Applicant is also proposing attached sidewalks and other micro-paths throughout the entire site. The proposed sidewalks and micro-paths will be analyzed against UDC dimensional requirements with the future CUP application. In addition to the proposed sidewalks and micro-paths shown on the conceptplan, Staff is recommending an additional pathway along the north boundary to help activate the approved open spacefrom the Woodburn Subdivision that is the area of the piped Lemp Canal directly behind six(6) existing homes. Staff believes a gravel pathway suitablefor at least walking should meander through this area of the site, behind afew of the proposed buildings, so this open space area is not walled offany more than it has been by the Woodburn Subdivision. Despite this area not being a part of this project orproperty, this Applicant could work with the Woodburn Subdivision to better utilize and access this spacefor a public benefit. Staff is not recommending the Lemp Canal area befurther improved but is recommending better access is providedfrom within this project to this area so it could be utilized by both project areas. Staff is recommending a DA provision in line with this discussion. J. Waterways (UDC 11-3A-6): The Lemp Canal abuts the subject site along the north property boundary and is already piped. As noted,this area is owned and maintained by the adjacent Woodburn Subdivision HOA but does not appear to be fenced off from this subject site. Should this Applicant decide to fence this area off, Staff will analyze any proposed fencing to ensure compliance with UDC standards for fencing adjacent to irrigation common lots. K. Pressurized Irrigation(UDC 11-3A-15) The Applicant is required to provide a pressurized irrigation system for the development in accord with I 1-3A-15.No irrigation plans have been submitted for this use at this time but Staff anticipates this will be handled with future development applications,most likely with the future Certificate of Zoning Compliance that is required prior to building permit submittal. Land Development will review these plans in more detail at a later date when specific irrigation plans are submitted. VI. DECISION A. Staff- Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on January 6,2022. At the public hearing, the Commission moved to recommend approval of the subiect Annexation request. I. Summary of Commission public hearing: a. In favor: Erin Anderson,The Housing Company(Applicant) b. In opposition: None c. Commenting: Erin Anderson d. Written testimony: None �L. Staff presenting application: Joseph Dodson, Associate Planner f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. 'key issue(s)of discussion by Commission: a. How the proiect will be manned on-site, specifically if it will be manned 24-hours; b. Is the proiect meant to be an age-restricted development—No, per the Applicant, C. The reasoning behind Staff s recommended additional aravel pathway along the north boundary; d. Parameters of proiect that are more and less important due to the proposed land use being for affordable housing in lieu of market-rate units; e. How does Staff envision Cooper Lane and NW I 11h beinp,extended in the future; 4. Commission change(s) to Staff recommendation: a. Modify recommended DA Provision A.I i to include the Applicant work with the adiacent HOA of the Woodburn Subdivision to try and share the recommended gravel Pathway within their oven syace lot that contains the vined irrigation facility. 5. Outstanding issue(s)for City Council: a. Staff has not received information regarding the Applicant and the Woodburn HOA working topether to share the recommended gravel vathway. Staff is not overly concerned with this as Parks and Recreation have noted the internal sidewalks are adequate enough for pedestrian circulation and any future shared pathway could be handled by the City and the HOA workine toaether should the City determine it is a needed pathway segment in the future. .C. The Meridian City Council heard these items on February I� 2022. At the l2ublic heariniz, the Council moved to al2prove the subject Annexation and Zoning reguest I. -Summary of the City Council 12ublic heaLjfly.� a. In favor: Erin Anderson. A1212licant b. In o1212osition: None ii. CommentinQ: Erin Anderson: Eric Pugmire. neighbor. d. Written testimony: Morgan Keating—neighbor who supports l2roject and concel2t o affordable housiniz in Meridian e. Staff l2resenting al2l2lication: Joseph Dodson, Associate Planner f. Other Staff commenting on application: Bill Nary. City AttoMey 2. Key issue(s) of 12ublic testimony a. In favor of development but wams against reguiring shared pathway/ol2en sl2ace wit .Woodburn Subdivision and a 12reference for a fence to be constructed along the l2erimete of l2rol2e=, 3. Key issue(s)of discussion by City Council: a. Assessment values of affordable housing projects versus non-restricted Pro-jects and overall salability of a l2rol2e=/buildings if they are deed restricted: b. Difference of discussed funding sources and]2otential of]2roject moving forward without the funding—furthermore, the timeline of obtainin2 fundinQ for the l2roject and whether City timelines will align and accommodate reQuired timeline; C. What is the need for a DA l2rovision restricting the l2roject to affordable if future funding will do this and the 12ro]2erty will be deed restricted- d. If property is annexed but funding is not obtained, will 12rol2erty be resold—AI212lican stated l2roject would continually reguest funding for affordable and not resell 12rol2eUy: e. Need for the additional l2athway along north boundary. f. Anticipated extension of adjacent NW I I lh Avenue into site to the west and whether this road extension would render that 12rol2ea less valuable due to need for relatively large .areas of road dedication, 4. City Council change(s)to Commission recommendation: a. Revise the affordability DA l2rovision with the A1212licant in order to allow for up to 6 market rate units,i2er the A]2]21icant: b. Strike l2rovision regarding gravel l2athway along north boundary. VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit Map ANNEXATION EXHIBIT A LEGAL DESCRIPTION Being a portion of the SWI/4 of the SE114 of the SWI/4 of Section 36, T 4N, R 1W, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of said Section 36 which bears N88"42'44"W a distance of 2,662.13 feet from the south quarter corner of said Section 36; thence on the south line of said Section 36 S88'42'44"E a distance of 1,331.05 feet to the west sixteenth corner of said Section 36 also being the Point of Beginning; thence continuing on said South line of Section 36 S88'42'44"E a distance of 665.55 feet; thence NOO'23'45"E a distance of 141.63 feet; thence N67'09'18"W a distance of 129.84 feet; thence N71*02'01"W a distance of 75.67 feet; thence N66'36'48"W a distance of 55.79 feet; thence N51'23'44"W a distance of 66.02 feet; thence N47'26'23"W a distance of 78.17 feet; thence N38'28'47"W a distance of 31.20 feet; thence N72'42'37"W a distance of 123.96 feet; thence N71'13'56"W a distance of 117.61 feet; thence N69'15'27"W a distance of 67.37 feet to a point on said sixteenth line of Section 36; thence on said sixteenth line of Section 36 SOO'20'32"W a distance of 440.85 feet to the Point of Beginning. Containing 4.54 Acres more or less LA \cEN 18350 0 /0 ANNEXATION EXHIBIT B F'CP\iION OF Sh' 1/4 0- T IL S-- 1/z- -- I --m- c�lklfv* —1— —I L�N —5 6, — 1/4 SE" TAN- -31`-)IF�F CITY 0 2w ML�dl_)I,A,f,,, '\L);, I -)"\I C. EIEAIRI\C��;,',j PST4K;i 1AY VAR, pp VA U�i-ATS DIJIF TC i �TH-.D- W�PLE PINE z 10, 0 > U, CL --WMDPNE ST. O_ oi 0: OS 8-W--INb 0 L6 J L4-' z Z L3 Ig m L10 L9 LS w —S81r 42'44T-.-T331-,05, P.O.8- P.0, WCORNER -S88'-42'44E-6654q SECTION 36 W 1/16 R ER S88-42-44"E-2662.13-B 0 13' USTICK ROAD — —SECTION 6 PEBBLESTONE ST. LESTONqST. S 1/4 CORNER 10 SECTION 36 1 1 U ST I&KROA—D ) �2 ]LIJ STANHOPE ST I Parcel Lire Table ILL] Line 9 Length Bearing w 15� > L' 440.86 W 20132"W Er L2 75.17' N47'26'2aW ILL 13 3120' N38o 29 47'VV FOUND MONUMENT B.0 B.BASIS OF BEARING L4 123.96' N72'42'37VV P.0 B.POINT OF BEGINNING Ims 117.61' N71'13'56VV P.O.C.POINT OF COMMENCEMENT 16 1 N89'15'2rW CITY OF MERIDIAN L7 129.84' Ni 1i vvv 1 75 67* N71*i AREA TO BE ANNEXED Ims 55,79' NW 36'4&VV 1110 66 02' N51*23'44'VV W 141.63, ACKERMAN IS.ESTV0L ID 7661 WerARimirmidell)"iye,Ste.102 Gwilen City.ID83714 J09 N--,): R21'89 2080536474 —It 40 1 Rlql,III I WIINQI HD 111i ID B. Proposed Concept Plan — - - --------- �;64, F G�:= 7, oil 0 H z 79 U r 'JAI M" Cf) r 71- 10 1 -i Vl- C. Conceptual Elevations T 11 NMI EDH D. Preliminary Open Space Exhibit -7 CUMEREDPARKOGSPACES 52APARTMrNTUNO 116 PAAMNG SPUES VQ0 REQ) SEW DO—PAGES Ew OEQ I BEDS BEDS am AAFA 181�WSF O�GWSYM5A Masi DOG PARK 1"'U. O"HOOFISIACE 2011W. —AP" rmcgfmol D..,ACE 21% -410 4q.. At -Z* A74, HLrrcHISON W USTICK RD SMITH ARCHITECTS VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION I. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian and the property owner(s)at the time of annexation ordinance adoption. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall,at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the approved concept plans and conceptual elevations included in Section VII and the provisions contained herein. b. Before the multi-family units are placed in service,(release of the first Certificate of Occugancy) Owner and/or Developer shall record a low-income housing tax credit regulatory agreement with the Ada County Recorder's Office to restrict the rental rates on the units for a minimum of thirty(30)years to ensure the units are affordable to individuals and families earning, averaged within the entire proiect, no more than sixty percent(60%)of the area median income and provide said agreement prior to issuance of .any building permit for the proposed usej except that u12 to six(6)of the proposed units, may be market rate units to allow for flexibility in the funding source for this project. of-&a4r-egtdatE)i=), agr-eemen c. With the first phase of development,any existing structures on the property shall be removed and all existing driveway curb-cuts to Ustick Road shall be closed. d. Future structures proposed along the Ustick Road frontage shall provide modulation in building placement as well as architectural elements. e. With the future Conditional Use Permit application, the submitted site plan shall depict the location of cross-access along the east property boundary to ensure cross-access with Parcel S0436347150. f. The Applicant shall record a cross-access agreement to the property to the east(Parcel S0436347150)for easier access to and from the future commercial uses along W. Ustick Road; the recorded agreement shall be submitted with the future Certificate of Zoning Compliance application. g. The Applicant shall deed the required right-of-way for N. Cooper Avenue to ACHD prior to submitting for Certificate of Zoning Compliance approval. h. Prior to submitting for Certificate of Zoning Compliance approval,the Applicant shall deed the required future right-of-way to ACHD for the extension of NW I I th Avenue in the northwest comer of the property. +-.--NV4h-the—f4tur-e nd+tien4J6�Pemait lieation, At3elieant-Aia4-we4&widi-d:ie adiRo@Ht %%rAR4it4AR �A IRAJINWR 9HhJiA4AiR;; 140 A addifienal 5 A --A____-A_ -_---)to add an feet wide pathway shall be depieted along the neAh boundary of the site with eonneetions- to the Woodbw%Subdivision ooen simee lot and-4o the intefaal sidewalks of fhj5::�. Said pathway-AaRbeffmde4 aee mmedcqesa4;afede&t+4" aetivities O.e. asphal ,gftm'�t4'etej. j. Prior to commencement of the multi-family use on the property,the applicant shall obtain approval of a conditional use permit and meet the specific use standards set forth in UDC 11-4-3-27. B. PUBLIC WORKS I. Site Specific Conditions of Approval 1.1 There are no changes to Public Works infrastructure shown with this application.A utility plan must be submitted and reviewed by Public Works Engineering. 1.2 There is an existing water stub off West Ustick Road that must be utilized or abandoned, per City Design Standards. 1.3 No permanent structures can be built within a City utility easement including but not limited to trees, shrubs,buildings,carports, trash enclosures, fences, infiltration trenches, light poles, etc. 1.4 No sewer services shall cross infiltration trenches. 1.5 A geotechnical report will be required to be submitted with the first building permit application; any recommendations therein should be followed. 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-fect wide for two. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 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. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 9-1-28.Q. 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 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 I I-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 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.11 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Arrny Corps of Engineers. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.15 The 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 I-foot above. 2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.17 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian 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. 2.18 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at htt,o:llwww.meridiancity.or-al,public works.asyx?id=2 72. 2.19 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) hays:11weblink.meridiancity.orzlWebLinklDoc View.aspx?id=248514&dbid=O&repo=Meridian C iu D. WEST ADA SCHOOL DISTRICT(WASD) haps:11weblink.meridiancity.orelWebLinklDoc View.aspx?id=248414&dbid=O&repo=Meridian C i(k E. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancity.or�-,IWebLinkIDoc View.aspx?id=248753&dbid=O&repo=Meridian C it-v 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; Councilfinds the proposed zoning map amendment to annex the property into the City of Meridian with the R-15 zoning district with the proposed affordable multi-family residential use and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Councilfinds the proposed zoning map amendment and the requested development complies with the regulations outlined in the requested R-15 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; Councilfinds the proposed zoning map amendment should not be detrimental to the public health, safety and weffiare, especially if all conditions of approval are met. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to,school districts; and Councilfinds the proposed zoning map amendment will not result in an adverse impact on the delivery ofservices by any political subdivision providingpublic services within the City. 5. The annexation (as applicable) is in the best interest of city. Councilfinds the annexation is in the best interest o the City, i the applicant enters into a If 'f development agreement with the City and agrees to develop the property as an affordable housing project as proposed. E IDIAN AGENDA ITEM ITEM TOPIC: Subrecipient Agreement Between City of Meridian and Meridian Area Senior Citizens Association, Inc. For Program Year 2022 Community Development Block Grant Funds SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN AREA SENIOR CITIZENS ASSOCIATION, INC. FOR PROGRAM YEAR 2022 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement ("Agreement") is entered into this 9th day of November 2022 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Meridian Area Senior Citizens Association, Inc., a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subreciplent"). WHEREAS, City is an entitlement community, and as such has applied for, and been granted authority to receive funds from the United States Department of Housing and Urban Development ("HUD")under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e., Community Development Block Grant ("CDBG") funds-, and WHEREAS, pursuant to the terms of this Agreement, the City hereby provides a subaward of the following grant(s) to Subrecipient: grant no. B22MC 160006, awarded by HUD on May 13, 2022-7 WHEREAS, the City wishes to engage Subrecipient by way of this Agreement to assist the City in utilizing such funds and the CDBG program in a manner compliant with the requirements of 24 CFR Part 570 and 2 CFR Part 200, and all other federal, state, and local laws, statutes, regulations and/or requirements; and WHEREAS, it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City; and that City's obligation to provide funding to Subrecipient under this Agreement is provisional, pending the availability of such funds; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: 1. STATEMENT OF WORK A. Activities. Subrecipient shall use City's subaward of CDBG funds in an amount not to exceed fourteen thousand eight hundred fifty-nine dollars ($14,859). Subrecipient will be responsible for administering a transportation for senior citizen program, in a manner satisf-actory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under (05A) Senior Services. CDBG Funds will be used to reimburse for payments to lease a vehicle and provide gas for that vehicle, which will provide transportation to senior citizens. The primary administrative office is located at 1920 N Records Way, Meridian, ID. See Attachment I for a map of the service location. B. National Objective. Subrecipient certifies that the activities carried out using the City's CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR 570.208(a)(2)(i)(A). C. Level of Service. Subrecipient's activities under this Agreement shall provide at least 75 total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units PY22 SUBRECIPIENT AGREEMENT-SENIOR TRANSPORTATION PAGE I OF 27 of Service" shall be defined as "Elderly Persons." The current income guidelines are located in the Subrecipient Toolbox at https:/Jmerldlancity.org/cdbg/. D. Staffing. Subreciplent agrees that CDBG funds provided under this Agreement will not be Utili7ed for staffing. E. Project schedule. Subreciplent shall submit a signed, dated, and detailed Project Schedule. The Project Schedule must indicate the start and end dates for different project elements. The Project Schedule shall be submitted as a companion document with this Agreement. A revised Project Schedule shall be submitted when delays of thirty (30) days or more are anticipated or experienced. F. Special Conditions. 1. Subrecipient understands and agrees that the allocation of CDBG funds may be used to provide services and programs only to City of Meridian residents. If applicable, Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient pursuant to this Agreement ("Client") a) reside within the city limits of Meridian, Idaho and b) meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client who does not meet the above requirements to be ineligible to receive CDBG funds and shall suspend use of federal funds for the Client. 2. Subreciplent certifies that Subreciplent is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to verify compliance with all program requirements. 4. If applicable, Subrecipient may utilize HUD's Income Calculator at https://www.hudexchange.info/incomecalculator/ to determine annual household income of any or all Clients based on CDBG criteria. cd' G. Time of performance. Services of Subrecipient shall start on or after October 1, 2022 and end on September 30, 2023. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subreciplent remains in control of CDBG funds or other CDBG assets, including program income. 11. SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that (1) Subreciplent does not assume the City's environmental responsibilities described in 24 CFR 570.604 and (2) Subrecipient does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. A copy of the Environmental Review Record is included as Attachment 5. PY22 SUBRECIPIENT AGREEMENT-SENIOR TRANSPORTATION PAGE 2 OF 27 B. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.502. C. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein, Performance monitoring shall include City's review of Subrecipient's submitted documents for accuracy and completion, as well as a risk analysis that will determine if the City will conduct a desk review and/or an on-site visit from City's Community Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis is included as Attachment 2. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, City shall initiate termination procedures. Additionally, Subrecipient will be allowed no more than three noncompliance performance standards throughout the contract. Noncompliance includes, but is not limited to: missing a deadline, providing inaccurate monthly data, delinquent progress report submission, and/or not providing correct supporting documentation. The first occurrence will result in a warning; the second a formal letter of noncompliance; and the third will result in a formal letter notifying Subrecipient that Subrecipient is not eligible to request funding for the following grant cycle. City may share Subrecipient performance and monitoring results with other local CDBG grantees and/or agencies who are providing funding to Subrecipient. D. Budget. Subrecipient shall adhere to the budget included as Attachment 6. Subrecipient shall obtain written approval from City prior to any change in use of funds. E. Progress Reports. Based on the results of Subreciplent's risk analysis, Subrecipient shall submit progress reports monthly via the City's online portal. Instructions on submitting progress reports are located in the Subrecipient Toolbox at https:/ meridiancity.org/cdbg/. Progress reports will be due 15 days after the last day of the reporting period. If Progress Reports are delinquent, reimbursement requests will not be processed until the delinquency is cured. Subrecipient must timely submit Progress Reports even if no activities are conductcd within the reporting period. F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. G. Client Data. If applicable, subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, race, ethnicity, and description of service provided. Such information shall be made available for review upon City's request. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. PY22 SUBRECIPIENT AGREEMENT-SENIOR TRANSPORTATION PAGE 3 OF 27 H. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subreciplent has control over CDBG funds, including program income. 1. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subreciplent within thirty (30) days after receipt of such report by Subrecipient. Failure of Subreciplent to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient shall comply with 2 CFR § 200.501, which requires that all non- Federal entities that expend $750,000 or more in Federal awards, in one year, have a single or program-specific audit. J. Suspension and Debarment. Pursuant to 2 CFR Part 180 and 2 CFR Part 200, Appendix 11, section (H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i.e., listed on the goverrimentwide exclusions in the System for Award Management. K. Payment Procedures. 1. Indirect Costs. The City will only reimburse Subreciplent for indirect costs that comply with 2 CFR 200, subpart E and have been previously approved, in writing, by the Community Development Program Coordinator. 2. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subi-ccipiClIL, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed fourteen thousand eight hundred fifty-nine dollars ($14,859). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with perfon-nance, and as expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subreciplent Toolbox at PY22 SUBRECIPIENT AGREEMENT-SENIOR TRANSPORTATION PACE 4 OF 27 https://mei-idiancity.oi-g/cdbg/. All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period, timesheets in compliance with 2 CFR 200.430 (if applicable), and proof of payment by Subrecipient (such as copy of check and bank transaction infori-nation showing payment of check, copy of receipt of payment by contractor or subcontractor, and/or other relevant documentation of payment). Reimbursement requests must be submitted within fifteen (15) calendar days from the close of each month of the program year except for the final reimbursement request. Subrecipient's final reimbursement request under this Agreement must be submitted by Subreciplent no later than October 30, 2023 and must include a Closeout Certification forni which can be found in the Subrecipient Toolbox at https://iiiei-idiancity.org/cdbg/. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing, by City. a. Reversion of assets to City. Pursuant to 24 CFR § 570.503(b)(7), upon expiration or termination of this Agreement, Subrecipient shall transfer to City any and a]I CDBG funds on hand at the time of expiration and any and all accounts receivable attributable to the use of CDBG funds. b. Unique entity identifier. Subrecipient shall comply with requirements established by the U.S. General Services Administration concerning the Unique Entity Identifier, the System for Award Management ("SAM") and, per 2 CFR § 170.320, the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25. L. Documentation required prior to real estate transactions. Where City's CDBG funds are used for real estate acquisition, as early as practicable, and not less than two (2) weeks prior to the completion of each transaction, Subreciplent shall provide the address of real property under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved, rented, or sold. M. Housing Affordability. Where the City's CDBG funds are used for homeownership assistance, the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. N. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of$25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. PY22 SUBRECIPIENT AGREEMENT-SENIOR TRANSPORTATION PACE 5 OF 27 0. Compliance with procurement policies. Subreciplent shall comply with current Federal, State, and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or(b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. Q. Program income. 1. Remittance at end of program year. Pursuant to 24 CFR § 570.503(b)(3) and Pursuant to 24 CFR § 570.504(c), at the end of the program year, the City may require remittance of all or part of any program income balances, including investments thereof, held by Subreciplent, except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Recording program income. Pursuant to 24 CFR § 570.504(a), the receipt and expenditure of program income shall be recorded as part of the financial transactions of the grant program. 3. Disposition if received before closeout. Pursuant to 24 CFR § 570.504(b)(1), program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds, and will be subject to all provisions of Pursuant to 24 CFR §§ 570.504(b) and (c), both prior to and upon closeout. R. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 2 CFR § 200.302(b) and 24 CFR § 570.506, including: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 570.506(h); g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K; h. Identification of CDBG funds received and expended and the Federal programs under which they were received, including Federal award identification number and year and PY22 SUBRECIPIENT AGREEMENT-SENIOR TRANSPORTATION PAGE 6 OF 27 name of the pass-through entity (City of Meridian); i. Records that identify adequately the application of CDBG funds, including information pertaining to Federal awards, authorizations, financial obligations, unobligated balances, assets,expenditures, income and interest; such records shall be supported by source documentation; J. Comparison of expenditures with budget amounts for each Federal award. k. Written procedures to implement the requirements of 2 CFR § 200.305, and 1. Written procedures for determining the allowability of costs in accordance with subpart E of this part and the terms and conditions of the Federal award. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurrcd under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. Ill. EMPLOVMENT AND LABOR CONDITION REOUIREMENTS A. Equal Employment Opportunity. Per 2 CFR Part 200, Appendix 11, section (C) and 41 CFR § 60-1.4(b), the equal opportunity clause set forth in 41 CFR § 60-1.4(b) is incorporated herein by reference, and shall apply as though set forth fully herein. B. Civil Rights Act. Subrecipient agrees to comply with Title V1 of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, Executive Order 11246 as amended by Executive Orders 11375 and 12086, and 24 CFR §§ 570.601 and 570.602. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. C. Nondiscrimination. Subrecipient agrees to comply with the non-discrimi nation in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 (24 CFR § 6) are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed,religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. D. ADA Section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), which PY22 SUBRECIPIENT AGREEMENT-SENIOR TRANSPORTATION PAGE 7 OF 27 prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the ten-n of this Agreement. E. Small, Women- and Minority-Owned Businesses. Per 2 CFR § 200.32 1, Subrecipient must take all necessary affirmative steps to assure that small businesses, minority businesses, women's business enterprises, and labor surplus area firms are used when possible F. Affirmative Action. Subreciplent agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shal I provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affin-native Action Program for approval prior to the award of funds. G. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subreciplent's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. H. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 1. Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) which requires grantees (including individuals)of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drugfree workplaces. Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. J. Faith-based organizations. Pursuant to 24 CFR § 570.2000), if Subrecipient is a faith-based organi7ation, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR § 5.109. K. Labor standards. Per 2 CFR Part 200, Appendix 11, section (D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5) as amended. In accordance with the statute, Subrecipient or Subrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage deten-nination made by the Secretary of Labor. In addition, Subreciplent or Subrecipient's subcontractor must be required to pay wages not less than once a week. Subrecipient must include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. Further, the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Ant)-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3), under which Subrecipient or Subreciplent's subcontractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of PY22 SUBRECIPIENT AGREEMENT-SENIOR TRANSPORTATION PAGE 8 OF 27 public work, to give up any part of the compensation to which he or she is otherwise entitled. Subrecipient further acknowledges and agrees that all contractors engaged under contracts in excess of$2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to Journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient or its subcontractors of its obligation, if any, to require payment of the higher wage. Per 2 CFR Part 200, Appendix 11, section (E), the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708) applies to contracts in excess of$100,000. L. Conflicts of interest; nepotisin. Subrecipient agrees to abide by the provisions of 24 CFR § 570.611. Further, no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in activities funded under this Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. M. Rights to Inventions. Per 2 CFR Part 200, Appendix 11, section (F), if Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work , Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. N. Lobbying; political activities. Subrecipient hereby certifies that- No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Fon-n-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; Subrecipient will require that the following language be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, PY22 SUBRECIPIENT AGREEMENT-SENIOR TRANSPORTATION PAGE 9 OF 27 and cooperative agreements) and that ail subreciplents shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less than $10,000 and not more than S 100,000 for each such failure." The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200, Appendix 11, section (1), submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient further agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 0. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 75, Subpart C, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City and any contractors ancL/or subcontractors. Section 3 will apply to a project if there is over$200,000 of HUD housing and community development financial assistance to the project (or $100,000 of Lead Hazard or Healthy Homes funding). Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's contractors and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the CDBG Supplemental General Conditions in all applicable subcontracts executed under this Agreement. The CDBG Supplemental Conditions can be found in Attachment 7 (if applicable) and includes the Section 3 requirements located at 24 CFR § 75.19(b). IV. ENVIRONMENTAL CONDITIONS No funds will be released until City conducts an environmental assessment and makes a determination of"No Significant Impact" in compliance with 24 CFR Part 58 and other federal, state, and local laws and regulations. If applicable, the City will issue a Notice to Proceed once the environmental review is completed and is accepted by the City and/or HUD. A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, ef seq. and 2 CFR Part 200, Appendix 11, section (G). 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 125 1, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. PY22 SUBRECIPrENT AGREEMENT-SENIOR TRANSPORTATION PAGE 10 OF 27 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, and shall assure compliance with Title 10, Chapter 6, Meridian City Code, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992, These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City. Unless and until HUD releases the funds, City shall have no contractual, legal, or equitable obligation to Subrecipient. In the event that CDBG funds are not made available to City, whether by Congress or by HUD, this Agreement shall be void, and City shall have no obligation to Subrecipient, whether under this Agreement or under any legal or equitable claim. PY22 SUBRECIPIENT AGREEMENT-SENIOR TRANSPORTATION PAGE I I OF 27 B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Subrecipient: City of Meridian Meridian Senior Center Attn: Crystal Campbell, Community Attn: Lisa Hansen, Executive Director Development Program Coordinator 1920 N Records Way 33 E. Broadway Avenue Meridian, ID 83646 Meridian, Idaho 93642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG fiinds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subreciplent also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (I) Subreciplent does not assume the recipient's environmental responsibilities described in 24 CFR § 570.604; and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 58. D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Indemnity. Subreciplent, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subreciplent's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims,actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall maintain workers' compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance of this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. At a minimum, Subrecipient must provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG funds as provided to property owned by the non-Federal entity. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix 11, section (A), Subrecipient PY22 SUBRECIPIENT AGREEMENT-SENIOR TRANSPORTATION PAGE 12 OF 27 must comply with bonding requirements set forth in 2 CFR § 200.325. H. Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. 1. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conforrn with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination (see 2 CFR Part 200, Appendix 11, section (B)). I. Termination for convenience. Either party may terminate this Agreement by, at least thirty (30) days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission of reports that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen (14) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City CDBG programming. 3. Work completed. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models, drawings, photographs, reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City, and Subreciplent shall provide same within seven (7) days of City's demand therefor. Subreciplent shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. K. Assignment. Subreciplent shall not assign or transfer any interest in this agreement without PY22 SUBRECIPIENT AGREEMENT-SENIOR TRANSPORTATION PAGE 13 OF 27 prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company,or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subreciplent shall fumish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subreciplent shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation conceming the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with; 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR part 42, subpart B; and 3. The requirements in 24 CFR 570.606(d)governing optional relocation policies. Subreciplent shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assIsted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. 0. Severability. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. PY22SUBRECIPIENT AGREEMENT-SENIOR TRANSPORTATION PAGE 14 OF 27 i I P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Attachments. All attachments and/or exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. S. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Meridian Area Seni r Citizens Association, Inc. Lisa Hansen, Executive Director CITY: City of Meridian �E°� �s�r, o� By: Robert Simi on, Mayor ' ohno Clerk �'F,1lFQvf the TREPS PY22 SUBRECIPIENT AGREEMENT—SENIOR TRANSPORTATION PAGE 15 OF 27 Attachment 1: Location of Service Area Meridian City Li mits �A, U .01 If "POLICYMAP t7= PY22 SUBRECIPIENT AGREEMENT-SENIOR TRANSPORTATION PAGE 16 OF 27 Attachment 2: Risk Analysis Risk of Noncompliance Evaluation This doomerit is used to anatyze the risk of the program to de4errnine the level of mcndomg required during this progam year- Organization Meridian Senior Center Program PY22 Award $14,859.00 Name Year Total Points 66 Risk Level High Next Steps onsite monitor Score FACTORS Scale Point Value Type of Contract weight: 2 Public Service 4 Housing Activities(Other than Homeownership Assistance) 3 4 a AcquisitioniConstruct)on 2 Public facilities, planning, infrastructure I Contracted Dollars weight: 2 FS-60,000-Above 4 S40,000-$59,999 3 1 2 $20,000-$39.999 2 so-$19,999 I Subrecipient Experience with Meridian CDBG weight: 3 7New Pro—gram 3 1 1 -3 vears 2 1 3 9 4 y2ars + 1 1 New Activity for Subrecipient weight: 3 Yes 2 1 1 3 No I I Number of Clients Served weight: 2 1100+ 3 1 50-99 2 1 2 4 Less than 50 1 1 Key Organizational Change weight: 3 Executive Director& Financial-�Aanager 4 Execubve Director andlor Financial Manaqer 3 I Program Director/Manager 2 3 1 Other Key Staff i I None 0 1 Svaterns Change weiaht: 3 Major Systems Chancle 2 1 1 Minor Svstems Chancie 1 0 0 None 0 Program Delays weight: I CDBG Program did not begin on scheduleidelayed New Proqram CDBG Program be2an on schedule 0 .Progress Reports weight: 2 Subrecipient has history of not submitting reports timely I New Program 1 1 2 Subrecipient has history of submitting reports timely 0 Met Goals in Previous Years weight: 3 PY22 SUBRECIPIENT AGREEMENT—SENIOR TRANSPORTATION PAGE 17 OF 27 Risk of Noncompliance Evaluation This doomerd is used to anaWe the nsk or the program to deteffnine the leve4 of monibxmg required during this pmgram year. [Noffiew Program 2 Met at least 75% 1 1 2 6 Yes 70 1 financial Audit weight: 4 Audit with nolm inor findings Audit with moderate to serious findings 4 No Audit Although Requ ed 4 7Last Monitoring Visit weight: 3 New Program 4 Grant not renewed 4 4 12 2 Years of More 4 Less than 2 Years 0 Corrective Action(Any Monitoring) weight: 4 Current Major Findings: Findings that would affect services, clients, or 4 potential for payment error New Program 4 4 16 Current Concems:Findincis that require provider's action. 2 No Findings Signature C?-Vst(7 t-campbeff Date 101712022 Community Development Program Coordinator This is a new partnership between the City and the Meridian Senior Center. The City will conduct an onsite monitor earty in the program year to ensure compliance is being met. PY22 SUBRECIPIFNT AGRUMENT SFNIOR TRANSPORTATION PAGF 18 OF 27 Attachment 3: Signing Authority Complete the form to designate signing authority, Subrecipient Name:m C -V1 A I OP V\ A-,ff at So yu U'n Project Name: we-t�AA-ay� -Scvnss* Program Year: Start Date: End DatelholztRz— Name Title Authorized to sign for(check all that apply): fd—entifying Signature )42Financial 9,Contractual Name Title Authorized to sign for (check all that apply): Identifying Signature El Financial El Contractual Name Title Authorized to sign for(check all that apply): Identifying Signature 0 Financial 0 Contractual Signing authority for the above individuals is authorized by: Name Title Signature Date PY22 SUBRECIPIENT AGREEMENT—SENIOR TRANSPORTATION PAGE 19 OF 27 A Attachment 3: Signing Authority Complete the form to dcsignatc signing authority. Subrecipient Name: M,010,dj a-V) )�YA �Pvu.,QV- Project Name: Program Year: Start Date: End Date:q 7UN�k Name Title Authorized to sign for(check all that apply):' kdentifyitig'.S. gnature �Uinancial Opcontractu Name J Title Authorized to sign for(check all that apply). Identifying,tignature �17inancial Wontractual 'Dbwf�_p_ �IAM(,e Name Title Authorized to sign for(check all that apply): Identifying Signatufe gDF inancial El Contractual Signing authority for the above individuals is authorized by: Title Signature Date PY22SUBRECIPIENTAGREEMENT-SENIOR TRANSPORTATION PAGE 19 OF 27 Attachment 4.- Federal Certifications The following are required as referenced below. Subrecipient Narne: �\Ap A v ny CA-�7 I-LrLs Proj ect N ame: tae Y-'� -0-Sp kr�\'my 0 L-�y-aca C- Program Year: Start Date: End Date: Subrecipient maintains a policy fbr and complies with the following: Yes No N/A Policy LJ n ADA/Section 504 [29 U.S.C. § 701] 0 E] Confidentiality [2 CFR § 200.303(e)] E] Conflict of Interest [2 CFR § 200.318(c)(1); 24 CFR § 570.611 E) E) Drug Free Workplace [24 CFR part 24, subpart F] 0 0 Equal Employment Opportunity [2 CFR Part 200; 41 CFR § 60-1.4(b)] 0 E) In Fair Housing [Fair Housing Act] (if applicable) gD 0 n Nondiscrimination [24 CFR § 570.607] E] E] [J Procurement [2 CFR § 200.318(a)] (if applicable) Is Subrecipient a nonprofit entity? OYes ONO Per 2 CFR § 200.415 major nonprofit organizations]are ineligible for this funding. If the agency is a nonprofit,please select one of the following: 0 Organization is not a major nonprofit organization. El Organization is a major nonprofit organization. By signing this form, I certify the above is true and correct to the best of my knowledge. V�n Y�Scn �10(ejuy Name Title J"\ I D 2� Signature Date A major nonprofit organization is defined in § 200.414(a)as an organization receiving more than$10 million in direct federal funding. PY22 SUBRECIPIENT AGREEMENT-SENIOR TRANSPORTATION PACE 20 OF 27 Attachment 5: Environmental Review Environmental Review for Activity/P roj ect that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b) Proiect Information Project Name: Meridian-Senior-Center-Transportation-PY22 HERCIS Number: 900000010284415 Responsible Entity(RE): MERIDIAN, 33 E Idaho Ave Meridian ID, 83642 State/ Local Identifier: RE Preparer: Crystal Campbell Grant Recipient(if different than Responsible Entity): Point of Contact: Consultant (if applicable): Point of Contact: Project Location: 1920 N Records Way, Meridian, ID 83646 Additional Location Information: N/A Description of the Proposed Project [24 CIFIR 50.12 & 58.32; 40 CFR 1508.25]: The Meridian Senior Center provides transportation for home bound/clisa bled senior citizens to and from their homes to the Center for meals and activities, medical appointments, pharmacv and RrocerV store visits. These funds will be used to lease a 15-passenger van to provide these services. Level of Environmental Review Determination Activity/ Project is Exempt per 24 CIFIR 58.34(a): 58.34(a)(4) Signature Page Sr Cntr ER Sig.1)(W Funding information PY22 SUBRECIPIENT AGREEMENT—SENIOR TRANSPORTATION PAGE 21 OF 27 Grant/ Project HUD Program Program Name identification Number Community Planning and Community Development Block Grants 148 Development (CPD) (CDBG) (Entitlement) Estimated Total HUD Funded, Assisted $14,859.00 or Insured Amount: Estimated Total Project Cost [24 CIFIR 58.2 (a) (S)J: $14,859.00 Compliance with 24 CFR §SO.4&§S8.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR §50.4& or mitigation determinations) §58.6 required? STATUTES, EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4& § 58.6 Airport Runway Clear Zones and Clear Zones 24 CFR part 51 El Yes 0 No Coastal Barrier Resources Act Coastal Barrier Resources Act, as This project is located in a state that amended by the Coastal Barrier does not contain CBRS units. Therefore, Improvement Act of 1990 [16 USC this project is in compliance with the 3501] 0 Yes 2 No Coastal Barrier Resources Act. Flood Insurance Based on the project description the Flood Disaster Protection Act of project includes no activities that would 1973 and National Flood Insurance require further evaluation under this Reform Act of 1994 [42 USC 4001- section.The project does not require 4128 and 42 USC 5154a] flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance 11 Yes 21 No requirements. Mitigation Measures and Conditions [CFR 40 1505.2(c)]: Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors. These measures/conditions PY22 SUBRECIPIENT AGREEMENT—SENIOR TRANSPORTATION PACE 22 OF 27 must be incorporated into project contracts, development agreements and other relevant documents.The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan, Law, Authority, Mitigation Measure or Condition Comments on Mitigation Complete or Factor Completed Plan Measures Project Mitigation Plan Supporting documentation on completed measures PY22 SUBRECIPIENT AGREEMENT—SENIOR TRANSPORTATION PAGE 23 OF 27 APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones General policy Legislation Regulation It is HUD's policy to apply standards to 24 CFR Part 51 Subpart D prevent incompatible development around civil airports and military airfields. 1. Does the project involve the sale or acquisition of developed property? No Based on the response, the review is in compliance with this section. Yes Compliance Determination Supporting documentation Are formal compliance steps or mitigation required? Yes No P)'22 SUBRECIPIENT AGREEMENT SENIOR TRANSPORTATION PAGE 24 OF 27 Coastal Barrier Resources General requirements Legislation Regulation HUD financial assistance may not be Coastal Barrier Resources Act used for most activities in units of the (CBRA) of 1982, as amended by Coastal Barrier Resources System the Coastal Barrier Improvement (CBRS). See 16 LISC 3504 for limitations Act of 1990 (16 USC 3501) on federal expenditures affecting the CBRS. This project is located in a state that does not contain CBRA units. Therefore, this project is in compliance with the Coastal Barrier Resources Act. Screen SummarV Compliance Determination This project is located in a state that does not contain CBRS units.Therefore, this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes No PY22 SUBRECIPIENT AGREEMENT—SENIOR TRANSPORTATION PAGE 25 OF 27 Flood Insurance Genera I requireme nts Legislation Regulation Certain types of federal financial assistance may not be Flood Disaster 24 CFR 50.4(b)(1) used in floodplains unless the community participates Protection Act of 1973 and 24 CFR 58.6(a) in National Flood Insurance Program and flood as amended (42 USC and (b); 24 CFR insurance is both obtained and maintained. 4001-4128) 5 5.1(b). .......------ 1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a -mobile home, building, or insurable personal property? No. This project does not require flood insurance or is excepted from flood insurance. Based on the response, the review is in compliance with this section. Yes 4. While flood insurance is not mandatory for this project, HUD strongly recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). Will flood insurance be required as a mitigation measure or condition? Yes V No Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section. The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood insurance Program (NFIP). The project is in compliance with Flood insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes V No PY22 SUBRECIPIENT AGREEMENT—SENIOR TRANSPORTATION PAGE 26 OF 27 Attachment 6: udget Meridian Senior Center Transportation Program CDBG Project#148 Van Lease Fuel Costs Total Award $ 11,859.00 $ 3,000.00 $ 14,859.00 Draw # Date Timeframe 1 2 3 $ 4 $ S- $ 6 $ 7 $ 8 $ 9 $ 10 $ 11 1 $ 12 Total $ - $ - Balance $ 11,85§70701$ 3,000.00 $ 14,859.00 PY22SUBRECIPIENTAGREEMENT—SEN JORTRANSPORTATION PAGE27 OF 27 E IDIAN AGENDA ITEM ITEM TOPIC: Fiscal Year 2023 Net-Zero Budget Amendment in the Amount of $12,845,509.00 to Accept American Rescue Plan Act (ARPA) Funds 11/2/2022 12:10PM City of Meridian FY2023 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total C��fE �JDIAN*-- 20 1840 41200 5040 Wages IDAHO 20 1840 41206 5040 PT/Seasonal Wages 20 1840 41210 5040 Overtime Please only complete the fields highlig 20 1840 41304 5040 Uniform Allowance in Orange. 20 1840 42021 5040 FICA $ Amendment Details 20 1840 42022 5040 PERSI $ Title: American Rescue Plan Act Funds 20 1840 42023 5040 Worker's Comp $ Department Name: Other Government 20 , 1840 42025 5040 Employee Insurance $ Presenting Department Name: Other Government Total Personnel Costs $ Department#: 1840 Operating Expenditures Primary Funding Source: 20 Funcl# Dept.# G/L# Prol.# G/L#Description One-Time On-Going Total CIP#: 20 1840 85000 5040 Grant Expenditures $ 12,845,509 $12,845,509 Project#: 5040 20 1840 5040 $ - 20 1840 5040 $ Is this for an Emergency? Yes No 20 1840 5040 $ New Level of Service? Yes No 20 1840 5040 $ 20 1840 5040 $ Clerks Office Stamp 20 1840 5040 $ 20 1840 5040 $ 20 1 1840 1 1 5040 1 1 1$ 20 1840 5040 $ 20 1840 5040 20 1840 5040 $ 20 1840 5040 $ - Date ofCouncilApproval 11-9-2022 Total Operating Expenditures $ 12,845, $ $12,845,509 Capital Outlay Fund# Dept.# G/L# Prol.# G/L#Description Total Acknowledgement Date 20 1840 5040 20 1840 5040 Vda X&J 11121-90-9.9 20 1840 5040 Department Director 20 1840 5040 APPROVED 20 1840 5040 By Todd Lavoie at 12:20 pm,Nov OZ 2022 BP 11/2,122 20 1840 5040 Chief Financial Officer Total Capital Outlay $ Revenue/Donations Approved Brad Hoaglun 1:52pm 11/2/2022 Funcl# Dept.# G/L# Proj.# G/L#Description Total Cound[1­11aison 20 1840 1 33100 1 5040 IGrant Revenue 1$ 12,845 (, klz�_ 20 1 1840 5040 1 /NWU �4-- 11-2-22 20 1 1840 5040 Total Revenue/Donations 1$ 12,845,509 Mayor Total Amendment Request $ Total Amendment Cost-Lifetime City of Meridian FY2023 Budget Amendment Form C:\Users\bpurser\AppData\Local\Microsoft\Windows\lNeiCache\Content.Outlook\5UGCE3FW\FY2023 Budget Amendment Form-ARPA Funding 11/2/2022 12:10 PM City of Meridian FY2023 Budget Amendment Form Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Other Government Funding 2023 2024 2025 2026 2027_ Title: American Rescue Plan Act Funds Personnel $ - $ $ $ $ - 1--i—f—Submiul�Hudgt A—d-- Operating $12,845,509 $ $ $ >-p--11—d—nd--h Di—,--�F....�(B.dg�—Iy�) Capital $ - >---11...d A—d—t.—-I Li-..ffi-g—t— Total $ - $12,845,509 $ $ $ $ >C...di Lr.1—.,11-nd ig-J A—d—t W M� Total Estimated Project Cost: $ 12,845,SO9 —y—'Iffl leld IiVId Fi,,— Evaluation Questions >F,--(r,dg——lyst; ,Il—i o pp—d-py�A—d—.-p.—t Please answer all Evaluation Questions using the financial data referenced above. Dp--twill dd-py f—ndm—t--IAg,,d, ,,,g—Agmd, gr 1. Describe what is being requested? Budget amendment to accept received American Rescue Plan Act(ARPA)grant revenue currently held as deferred grant revenue,and move into operating expenditures. Any currently identified project propsosed for ARPA funding will have individual project contracts and agreements authorizing expenditure of the ARPA funds brought forward to Council for approval. 2. Why was this budget request not submitted during the current fiscal year budget cycle? Funding was recieved outside the budget process. 3. What is the explanation for not submitting this budget request during the next fiscal vear budee cle? Time restrictions of ARPA program and ready to execute projects available now. L 4.Describe the proposed method of funding? Iffunding is split between Funds(i.e. General Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. Funding is from the ARPA of 2021. S.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? �L — 6e Does:ths request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. Yes-projects are managed by department PlMs dependent on viability of projects chosen. 7.Does this Amendment include any needed Equipment or Software that will utilize the City's network?(Yes or No) 8.Is the amendment going to result in the disposal of an asset?(Yes or No) �Unadditional comments? .x— e hav received a total of$12,845,509 in ARPA funding. Total Amendment Request Every effort should be made to avoid reopening the budgetfor an amendment.Departments will need to provide back up and appear before the City Council tojustify budget amendments. Budget amendments are intendedfor emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause afunding shortfall. City of Meridian FY2023 Budget Amendment Form C:\Users\bpurser\AppData\Local\Microsoft\Windows\lNeiCache\Content.Outlook\5UGCE3FW\FY2023 Budget Amendment Form-ARPA Funding E IDIAN AGENDA ITEM ITEM TOPIC: Resolution No. 22-2353: A Resolution Establishing the Reappointment of Pam Jagosh to Seat 5 of the Meridian Historic Preservation Commission; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 22-2353 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION ESTABLISHING THE REAPPOINTMENT OF PAM JAGOSH TO SEAT 5 OF THE MERIDIAN HISTORIC PRESERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-3-1 establishes the Historic Preservation Commission, its members and terms of their appointments; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the reappointment of Pam Jagosh to Seat 5 of the Historic Preservation Commission as recommended by Mayor Simison and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That, effectively immediately, Pam Jagosh is hereby reappointed to Seat 5 of the Meridian Historic Preservation Commission, which term shall expire October 31, 2025; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 9th day of November, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 91h day of November, 2022. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION FOR REAPPOINTMENT OF PAM JAGOSH TO THE HISTORIC PRESERVATION COMMISSION-Page I Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll E IDIAN Ii ©AHO ?he Office of the .Mayor PROC -CAMATIOX WHEREAS, National Apprenticeship month is celebrating its eighth anniversary of raising awareness of the vital role Registered Apprenticeships provide in creating opportunities by allowing apprentices to earn while they learn and preparing a pathway to well-paying careers in Meridian and across the nation; and, WHEREAS, registered apprenticeship programs enable employers to develop and train their future workforce while offering career seekers affordable paths to secure high-paying jobs; and, WHEREAS, Meridian recognizes the role of registered apprenticeship in expanding opportunities in our workforce for all qualified individuals who wish to contribute to Idaho's industries; and, WHEREAS, registered apprenticeship is a proven and industry driven training model that can build up a workforce for the jobs necessary to help our economy thrive especially jobs in growth industries like manufacturing, healthcare, high tech, energy and construction; and, WHEREAS, the State of Idaho and Meridian recognizes that registered apprenticeships deliver a critical talent pipeline that can help address our states pressing issues such as modernizing our cybersecurity response, addressing public health, and strengthening our state's infrastructure. THEREFORE, I, Mayor Robert E. Simison, hereby proclaim November 2022 as National- yrenticeshl" Month in the City of Meridian and urge the residents of our community, and communities across the country, to recognize the value of and support a renticeships during this week, and throughout the year. Dated this 9`h day of November, 2022 o ert E Sim son, Mayor Brad Ho , City Council President Joe Borton, City Council Vice President Treg Bernt, City Council Liz Strader, City Council Jessica Perreault, City Council Luke Cavener, City Council �. l�'� ^ 1� �/ �I ��YA\f/ T. r ` ..] ma�yy.� ` � . �.Vr ice. ti/ 2! /� . :V.�.. �\ . . A� �, ,OF 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. 1 1 3 7 CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN-IN SHEET Date: November 9, 2022 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 E IDIAN AGENDA ITEM ITEM TOPIC: Public Hearing for 2022 Impact Fee Study Link to Impact Fee Study: https://bit.ly/2022-impact-fee-study PUBLIC HEARING SIGN IN SHEET DATE: November 9, 2022 ITEM # ON AGENDA: 14 PROJECT NAME: 2022 Impact Fee Study Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 2 3 4 5 6 7 8 9 10 11 12 13 14 E IDIAN 1 D 0 !AH V Development Impact Fees Study prepared by DP Guthrie LLC September 16, 2022 September 16, 2022 Mr.Todd Lavoie Chief Financial Officer City of Meridian 33 E Broadway Ave Meridian, Idaho 83642 Subject: Development Impact Fees Report Dear Mr. Lavoie, DP Guthrie LLC is pleased to provide the 2022 development impact fee update for the City of Meridian. After collaborating with staff and receiving input from the Impact Fee Advisory Committee,this draft report summarizes key findings and recommendations related to the growth cost of capital improvements to be funded by development impact fees, along with the need for other revenue sources to ensure a financially feasible Comprehensive Financial Plan. It has been a pleasure working with you. Also, I am grateful to City staff for engaging with quality information and insight regarding best practices for the City of Meridian. Sincerely, Dwayne Guthrie, PhD,AICP DP Guthrie LLC TABLE OF CONTENTS EXECUTIVESUMMARY.........................................................................................................................................................1 UNIQUE REQUIREMENTS OF THE IDAHO IMPACT FEE ACT.......................................................................................................................1 PROPOSEDIMPACT FEES..................................................................................................................................................................2 PARKS AND RECREATION IMPACT FEES................................................................................................................................4 PARKIMPROVEMENTS.....................................................................................................................................................................4 LANDFOR PARKS............................................................................................................................................................................6 RECREATIONBUILDINGS...................................................................................................................................................................8 REVENUE CREDIT EVALUATION..........................................................................................................................................................9 PROPOSED AND CURRENT IMPACT FEES..............................................................................................................................................9 FORECAST OF REVENUES FOR PARKS AND RECREATION ........................................................................................................................10 COMPREHENSIVE FINANCIAL PLAN FOR PARKS AND RECREATION...........................................................................................................11 POLICEIMPACT FEES.......................................................................................................................................................... 12 PROPORTIONATESHARE ................................................................................................................................................................12 EXCLUDEDCOSTS.........................................................................................................................................................................13 CURRENT USE AND AVAILABLE CAPACITY..........................................................................................................................................13 POLICE FACILITIES,SERVICE UNITS,AND STANDARDS...........................................................................................................................13 POLICE INFRASTRUCTURE NEEDS.....................................................................................................................................................15 REVENUE CREDIT EVALUATION........................................................................................................................................................15 POLICEDEVELOPMENT FEES...........................................................................................................................................................15 PROJECTED REVENUE FOR POLICE FACILITIES......................................................................................................................................17 COMPREHENSIVE FINANCIAL PLAN FOR POLICE...................................................................................................................................18 FIREIMPACT FEES.............................................................................................................................................................. 19 EXISTING STANDARDS FOR FIRE FACILITIES.........................................................................................................................................19 FIREINFRASTRUCTURE NEEDS.........................................................................................................................................................21 REVENUE CREDIT EVALUATION........................................................................................................................................................21 CURRENT AND PROPOSED FIRE IMPACT FEES.....................................................................................................................................22 PROJECTED REVENUE FOR FIRE FACILITIES.........................................................................................................................................24 COMPREHENSIVE FINANCIAL PLAN FOR FIRE FACILITIES........................................................................................................................25 FEE IMPLEMENTATION AND ADMINISTRATION..................................................................................................................26 COSTOF CFP PREPARATION...........................................................................................................................................................26 DEVELOPMENTCATEGORIES...........................................................................................................................................................26 CREDITS AND REIMBURSEMENTS.....................................................................................................................................................27 APPENDIX A: LAND USE ASSUMPTIONS.............................................................................................................................28 SERVICEAREAS............................................................................................................................................................................28 SUMMARY OF GROWTH INDICATORS................................................................................................................................................28 PROPORTIONATESHARE ................................................................................................................................................................29 RESIDENTIAL DEVELOPMENT AND PERSONS PER HOUSING UNIT............................................................................................................30 DEMAND INDICATORS By DWELLING SIZE..........................................................................................................................................31 JOBS AND NONRESIDENTIAL DEVELOPMENT.......................................................................................................................................34 APPENDIX B: CHANGES IN STANDARDS AND COST FACTORS.............................................................................................36 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Executive Summary Impact fees are one-time payments used to construct system improvements that serve multiple development projects or even the entire jurisdiction. By law, impact fees can only be used for capital improvements, not operating or maintenance costs. Impact fees are subject to legal standards that satisfy three key tests: need, benefit, and proportionality. • First, to justify a fee for public facilities, local government must demonstrate a need for capital improvements. • Second, new development must derive a benefit from the payment of the fees (i.e., in the form of public facilities constructed within a reasonable timeframe). • Third, the fee paid should not exceed a development's proportionate share of the capital cost. As documented in this report,the City of Meridian has complied with applicable legal precedents. Impact fees are proportionate and reasonably related to the capital improvement demands of new development, with the projects identified in this study taken from Meridian's Comprehensive Financial Plan (CFP). Specific costs have been identified using local data and current dollars. With input from City staff, DID Guthrie LLC determined service units for each type of infrastructure and calculated proportionate share factors to allocate costs by type of development. This report documents the formulas and input variables used to calculate the impact fees for each type of public facility. Impact fee methodologies also identify the extent to which new development is entitled to various types of credits to avoid potential double payment of growth-related capital costs. The Idaho Development Impact Fee Act (Idaho Code Title 67 Chapter 82) sets forth "an equitable program for planning and financing public facilities needed to serve new growth." The enabling legislation calls for three integrated products: 1) Land Use Assumptions (LUA)for at least 20 years, 2) Capital Improvements Plan, which the City of Meridian calls Comprehensive Financial Plan (CFP), and 3) Development Impact Fees (DIFs). The LUA(see Appendix A) uses population and housing unit projections provided by City staff. In addition,the CFP and DIF for fire and police facilities require demographic data on nonresidential development. This document includes nonresidential land use assumptions such as jobs and floor area within the City of Meridian, along with service units by residential size thresholds. The CFP and DIF are in the middle section of this report, organized by chapters pertaining to each public facility type (i.e., parks/recreation, police, and fire). Each chapter documents existing infrastructure standards, the projected need for improvements to accommodate new development,the updated DIF compared to current fees, revenue projections and funding strategy for growth-related infrastructure, and a CFP listing specific improvements to be completed by the City of Meridian. Unique Requirements of the Idaho Impact Fee Act The Idaho Development Impact Fee Act has several requirements not common in the enabling legislation of other states. This overview summarizes these unique requirements,which have been met by the City of Meridian, as documented in this study. First, as specified in 67-8204(2) of the Idaho Act, "development impact fees shall be calculated on the basis of levels of service for public facilities . . . applicable to existing development as well as DP Guthrie LLC 1 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT new growth and development." Second, Idaho requires a Capital Improvements Plan (aka CFP in Meridian) [see 67-8208]. The CFP requirements are summarized in this report, with more detailed information maintained by City staff responsible for each type of infrastructure funded by impact fees. Third,the Idaho Act states the cost per service unit (i.e., impact fee) may not exceed the cost of growth-related system improvements divided by the number of projected service units attributable to new development [see 67-8204(16)]. Fourth, Idaho requires a proportionate share determination [see 67-8207]. The City of Meridian has complied by considering various types of applicable credits that may reduce the capital costs attributable to new development. Fifth, Idaho requires a Development Impact Fee Advisory Committee established to: a) assist in adopting land use assumptions, b) review the CFP and file written comments, c) monitor and evaluate implementation of the CFP, d)file periodic reports on perceived inequities in implementing the plan or imposing DIFs, and e) advise the governmental entity of the need to update the LUA, CFP and DIF study. Proposed Impact Fees Figure 1 summarizes the methods and cost components used for each type of public facility in Meridian's 2022 impact fee study. City Council may change the proposed impact fees by eliminating infrastructure types, cost components, and/or specific capital improvements. If changes are made during the adoption process, DP Guthrie LLC will update the impact fee study to be consistent with legislative policy decisions. Figure 1: Proposed Fee Methods and Cost Components Type ofimpact Service Incremental Expansion CostAllocation Fee Area (current standards) Parks and Park Improvements, Recreation Citywide Land for Parks,and Residential Facilities Recreation Centers Functional Population and Inbound Vehicle Police Facilities Citywide Police Buildings Trips to Nonresidentia I Development Fire Buildings, Functional Fire Facilities Citywide Apparatus, Population Communications& anclJobs Equipment DP Guthrie LLC 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure 2 summarizes proposed 2022 impact fees for new development in the City of Meridian. As discussed in Appendix A, DIP Guthrie LLC recommends that residential fees be imposed by dwelling size, based on climate- controlled space. For a building with more than one residential unit, City staff will determine the average size threshold for the entire building by dividing total climate-controlled floor area, less ancillary building space, by the total number of dwellings in the building. Ancillary floor area includes community rooms,fitness centers, management offices, and maintenance areas. For nonresidential development, Commercial includes all buildings within a shopping center, plus stand-alone retail development and eating/drinking places (i.e., restaurants and bars). All Other includes industrial, warehousing, offices, business services, and personal services (i.e., every type of non-residential development not considered Commercial). Figure 2: Proposed Impact Fee Schedule Citywide Service Area Park and Police Fire Proposed Current Increase Proposed Recreation Facilities Facilities Total Total to Current Facilities (2022) (2019) Ratio Residential(perhousing unit)bySquare Feet of0imate-Controlled FloorArea 1200 or less $1,946 $190 $470 $2,606 $1,095 $1,511 2.38 1201 to 1700 $3,006 $294 $726 $4,026 $1,909 $2,117 2.11 1701 to 2500 $4,119 $402 $995 $5,516 $2,483 $3,033 2.22 2501 to 3200 $4,935 $482 $1,192 $6,609 $2,943, $3,666 2.25 3201 or more $5,544 $542 $1,339 1 $7,425 $3,4331 $3,992 1 Nonresidential(persquare foot ofbuilding) Commercial(Restaurant/Retail) $0.00 $1.23 $1.29 $2.52 $0.88 $1.64 2.86 All Other $0.00 $0.19 $0.96 $1.15 $0.46 $0.69 2.50 DP Guthrie LLC 3 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Parks and TRIU-creation Impact Fees The 2022 impact fee for parks and recreation facilities will enable Meridian to maintain current infrastructure standards for improved acres of parks, acquire additional land for future parks, and expand floor area of recreation buildings. All parks and recreation facilities included in the impact fees have a citywide service area. Cost components are allocated 100% percent to residential development. Park Improvements Citywide parks have active amenities, such as a soccer/football/baseball fields, basketball/volleyball courts, and playgrounds that will attract patrons from the entire service area. As shown in Figure PR1,the updated infrastructure standard is 2.66 acres per 1,000 residents based on Meridian's projected population in 2023 and completion of Phase 2 improvements to Discovery Park by the end of Fiscal Year 2023. Projected need for park improvements is shown at the bottom of Figure PR1. From 2023 through 2032, Meridian will improve 87 acres of parks, expected to cost approximately$35.76 million. DP Guthrie LLC 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure PR1: Improvements Standard and Need for Improved Acres Location ImprovedAcres Discovery Park 63.19 Julius M. Kleiner Park 58.20 Settlers Park 57.74 Heroes Park 30.13 Fuller Park 23.20 BearCreak Park 18.82 Tully Park 18.68 Storey Park&Bark Park 17.85 Gordon Harris Park 11.13 Hillsdale Park 9.54 Reta Huskey Park 8.92 Jabil Soccer Fields 8.40 Keith Bird Legacy Park 7.50 Seasons Park 7.13 Chateau Park 6.70 Renaissance Park 6.53 Champion Park 5.98 Heritage MS Ball Fields 5.60 8th Street Park 2.78 Meridian Pool Park 1.31 City Hall Plaza 0.90 Centennial Park 0.40 Generations Plaza 0.24 Tota 1 370.85 Allocation Factors for Parks I rn prov e rn e nts Cost pe r Acre $411,0 Residential Proportionate Share 1 Service Units Population in 2023 139,249 Infrastructure Standardsfor Park Improvements ImprovedAcres Residentia I(per person) 0.002661 Park Improvement Needs Year Population ImprovedAcres Base 2022 Yearl 2023 139,249 370.8 Year2 2024 145,028 386.2 Year3 2025 151,006 402.2 Year4 2026 154,310 411.0 Year5 2027 157,614 419.8 Year10 2032 1 171,9031 457.81 2023-2032 Increase 32,654 87.0 Growth Cost of Parks=> $35,757,000 DP Guthrie LLC 5 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Land for Parks In the 2019 study, land for additional parks was only 1%of the growth cost and no standard was documented. In the 2022 study, land for additional parks is 26%of the growth cost for parks & recreation. Additional land for parks is estimated to cost$150,000 per acre. City staff obtained supporting documentation for the land cost factor from local appraisals,with input from the DIF Advisory Committee. As shown in Figure PR2,the current infrastructure standard for park land is 3.14 acres per 1,000 residents. In comparison to inventory of improved parks,the table below includes the following changes: 1. Phase 3 acreage added to Discovery Park 2. Inserted West Regional Park site 3. Deleted Jabil Soccer Fields (not owned by Meridian) 4. Deleted Heritage Middle School Ballfields (not owned by Meridian) At the bottom of the table below is a needs analysis for park land. To maintain the current standard over the next ten years, Meridian will acquire 120.5 acres of land for future parks, which is expected to cost approximately $18.08 million. DP Guthrie LLC 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure PR2: Land Standard and Need for Park Sites Park Sites LandArea(acres) Discovery Park 77.69 Julius M. Kleiner Park 58.20 Settlers Park 57.74 West Regiona I Park 47.16 Heroes Park 30.13 Fuller Park 23.20 Bea r Crea k Pa rk 18.82 Tully Park 18.68 Storey Park&Bark Park 17.85 Gordon Harris Park 11.13 Hillsdale Park 9.54 Reta Huskey Park 8.92 Keith Bird Legacy Park 7.50 Seasons Park 7.13 Chateau Park 6.70 Renaissance Park 6.53 Champion Park 5.98 8th Street Park 2.78 Meridian Pool Park 1.31 City Hall Plaza 0.90 Centennial Park 0.40 Generations Plaza 0.24 Tota 1 418.51 Allocation Factors for Park Land Land Cost per Acre $150,000 Residential Proportionate Share 100% Service Units Population in 20221 133,470 Infrastructure Standards for Park Land Park Sites(acres) Residential(per person) 0.003141 Park Land Needs Year Population Park Sites(acres) Base 2022 133,470 418.5 Yearl 2023 139,249 436.6 Year2 2024 145,028 454.7 Year3 2025 151,006 473.5 Year4 2026 154,310 483.9 Year5 2027 157,614 494.2 Year 10 2032 1 171,9031 539.01 2022-2032 Increase 38,433 120.5 Growth Cost of additional Park Land=> $18,075,000 DP Guthrie LLC 7 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Recreation Buildings Figure PR3 lists floor area for parks and recreation buildings in 2022, including the maintenance shop, which is consistent with approach used for public safety facilities. As shown in their respective sections of this report,the building inventories for fire and police include support facilities for administration and training. City staff provided the cost estimate of$670 per square foot to construct future recreation buildings. The lower portion of the table below indicates projected service units over the next ten years. To maintain current standards, Meridian will need 22,827 additional square feet of recreation building space, expected to cost approximately$15.29 million. Figure PR3: Infrastructure Standards and Needs for Recreation Buildings Existing Buildings Square Feet Meridian Homecourt 51,303_ Parks Maintenance Shop(1700 E Lanark) 15,264_ Pool Building 8,505_ Meridian Community Center 4,200 Tota 1 79,272 Allocation Factorsfor Parks&Recreation Buildings Recreation Building Cost per Square Foot $670 Residential Proportionate Share 100% 2022 Meridian Population 133,470 Square Feet Residential(per person)F 0.59' Building Needs Year Population Square Feet Base 2022 133,470 79,272 Year 1 2023 139,249 82,704 Year2 2024 145,028 86,137 Year3 2025 151,006 89,687 Year4 2026 154,310 91,650 Year5 2027 157,614 93,612 Year6 2028 160,919 95,575 Year7 2029 164,223 97,537 Year8 2030 167,527 99,500 Year9 2031 169,715 100,799 Year 10 2032 1 171,9031 102,0991 Ten-YrIncrease 38,433 22,827 Growth Costfor Parks&Recreation Buildings=> $15,294,000 DP Guthrie LLC 8 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Revenue Credit Evaluation Currently the City of Meridian does not have any outstanding debt related to parks and recreation facilities. Therefore, a revenue credit for bond payments is not applicable. As shown in the cash flow analysis below, projected impact fee revenue matches the growth cost of new facilities. Because impact fees fully fund expected growth costs, there is no potential double-payment from other revenue sources. Proposed and Current Impact Fees At the top of Figure PR4 is a summary of the infrastructure needs for parks and recreation facilities due to growth. In addition to the growth cost of parks and recreation facilities, impact fees include the cost of professional services related to the CFP (authorized by the Idaho impact fee enabling legislation), less the projected park impact fee fund balance at the end of the current fiscal year. The net growth cost of$66,826,219 divided by the projected increase in population from 2022 to 2032,yields a cost of$1,738 per service unit. To be consistent with 67-8204(16) of the Idaho Development Impact Fee Act, impact fees are derived using the cost per service unit multiplied by the average number of service units per dwelling. Please see Appendix A for supporting documentation on the average number of persons by dwelling size in Meridian. Figure PR4: Parks and Recreation Impact Fee Schedule 2022 Input Variables Growth Infrastructure Type Infrastructure Quantity0ver Cost Factor Growth Cost Units Ten Years per Unit (rounded) Park Improvements acres 87.0 $411,000 $35,757,000 Additiona I Pa rk S ites(1a nd) acres 120.5 $150,000 $18,075,000 sqft 22,827 $670 $15,294,000 Parks&Recreation Buildings 1 01 Tota I=> $69,126,000 Professional Services Cost=> $7,680 Less Projected Fund Balance 9/30/2022=> ($2,307,461) Net Growth Cost=> $66,826,219 Population Increase 2022 to 203 d- 38,4 Cost per Service Unit $1, Residential Impact Fees(per dwelling) Proposed Proposed to Square Feet of Climate- Persons per Parks& Current Increase Current ControlledSpace Housing Unit Recreation Fees Ratio Fee 1200 or less 1.12 $1,946 $781 $1,165 2.49 1201 to 1700 1.73 $3,006 $1,361 $1,645 2.21 1701 to 2500 2.37 $4,119 $1,770 $2,349 2.33 2501 to 3200 2.84 $4,935 $2,098 $2,837 2.35 3201 or more 3.19 $5,544 $2,447 1 $3,097 1 2.271 DP Guthrie LLC 9 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Forecast of Revenues for Parks and Recreation Figure PR5 indicates Meridian should receive almost$68 million in parks and recreation impact fee revenue over the next ten years, if actual development matches the projections documented in Appendix A. To the extent the rate of development either accelerates or slows down,there will be a corresponding change in the need for infrastructure and impact fee revenue. The revenue projection assumes the average single-family dwelling has 2501 to 3200 square feet of climate-controlled space and the average multifamily unit has 1201 to 1700 square feet of floor area. Figure PR5: Projected Impact Fee Revenue Ten-YearGrowth Cost=> $66,826,219 Parks&Recreation Impact Fee Revenue Single Family Multi-family $4,935 $3,006 Year per housing unit per housing unit Hsg Units Hsg Units Base 2022 41,617 9,427 Year 1 2023 43,217 10,227 Year2 2024 44,767 10,877 Year3 2025 46,117 11,427 Year4 2026 47,317 11,827 Year5 2027 48,265 12,231 Year6 2028 49,212 12,634 Year7 2029 50,160 13,038 Year8 2030 51,107 13,441 Year9 2031 51,836 13,752 Year 10 2032 1 52,565 1 14,062 1 Ten-YrIncrease 10,948 4,635 Projected Revenue=> $54,030,000 $13,930,000 Total Revenue=> $67,960,000 DP Guthrie LLC 10 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Comprehensive Financial Plan for Parks and Recreation As specified in 67-8203(29), development impact fees in Meridian exclude costs to provide better service to existing development. Existing parks and recreation buildings are fully utilized and there is no surplus capacity for future development. Expansion of buildings may include support facilities for administration and maintenance. City staff recommends the improvements listed in Figure PR6 to accommodate additional development over the next ten years. Figure PR6: Summary of Ten-Year CFP for Parks and Recreation Needed Planned I rn proved Acres 87.0 93.2 Land for Parks(acres) 120.5 120.5 Recreation Building Sq Ft 22,827 22,800 FY Description Amount Units Cost 2023 Parks&Recreation Building Design $1,500,000 2024 Parks&Recreation Building Construction 22,800 square feet $13,776,000 2025 Graycliff Park Design $185,000 2026 Graycliff Park Construction 11.5 acres $4,541'500 2026 West Regional Park Design $500,000 2027 West Regional Park Construction 47.2 acres $18,899,200 r7627ffir3iscovery Park Phase 3 D777� M���EF75=0,000 1 2028 Opiscovery Park Phase 3 Constructio�����E$5,459,500 2029 1 MargaretAlclape Park Design $994,000 2030 M a rga ret Alda pe Pa rk Phase 1 Construction 20.0 acres $7,226,000 2031 2032 2023-32 Additional Park Sites 120.5 acres $18,075,000_ Tota I=> $71,656,200 Growth Needs to M ainta in Current LOS=> $66,826,219 DP Guthrie LLC 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Police Impact Fees The City of Meridian will use an incremental expansion cost method to maintain existing infrastructure standards for police buildings. Proportionate Share In Meridian, police and fire infrastructure standards, projected needs, and development fees are based on both residential and nonresidential development. As shown in Figure P1,functional population was used to allocate public safety infrastructure and costs to residential and nonresidential development. Functional population is like the U.S. Census Bureau's "daytime population," by accounting for people living and working in a jurisdiction. Functional population also considers commuting patterns and time spent at residential versus nonresidential locations. Residents that don't work are assigned 20 hours per day to residential development and four hours per day to nonresidential development (annualized averages). Residents that work in Meridian are assigned 14 hours to residential development and 10 hours to nonresidential development. Residents that work outside Meridian are assigned 14 hours to residential development. Inflow commuters are assigned 10 hours to nonresidential development. Based on 2019 functional population data for Meridian,the cost allocation for residential development is 72%while nonresidential development accounts for 28%of the demand for police and fire infrastructure. Figure Pl: Functional Population Functional Population Cost Allocation for Public Safety Demand Units in 2019 Demand Person Residential HourslDay Hours Population* 114,161 [=�� 61% Residents Not Working 69,079 20 1,381,580 39% Resident Workers— 45,082 =Z�), 23% Worked in City" 10,148 14 142,072 77% Worked Outside City" 34,934 14 489,076 Residential Subtotal 2,012,728 Residential Share=> 72% Nonresidential Non-working Residents 69,079 4 276,316 Jobs Located in City** 49,856 [Z�� 20% Residents Working in City" 10,148 10 101,480 80% InflowCommuters 39,708 10 397,080 Nonresidential Subtotal 774,876 Nonresidential Share=> 28% 2019 U.S. Census Bureau population estimate. TOTAL 2,787,604 2019 InflowlOutflow Analysis, OnTheMop web application, U.S. Census Bureau data for all jobs. DP Guthrie LLC 12 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Excluded Costs Police development fees in Meridian exclude costs to meet existing needs and stricter safety, efficiency, environmental or regulatory standards. The City's CFP addresses the cost of these excluded items. Also excluded from the police development fees are public safety vehicles and equipment that do not meet the minimum useful life requirement in Idaho's Impact Fee Act. Current Use and Available Capacity In Meridian, police facilities are fully utilized and there is no surplus capacity for future development. Meridian has determined that police building space will require expansion to accommodate future development. Police Facilities, Service Units, and Standards Police development fees in Meridian are based on the same level of service provided to existing development. Figure P2 inventories police buildings in Meridian. Because the training center is also used by the Fire Department,floor area was reduced to indicate the portion used by Meridian police. For residential development, Meridian will use year-round population within the service areas to derive current police infrastructure standards. For nonresidential development, Meridian will use inbound, average-weekday, vehicle trips as the service unit. Figure P2 indicates the allocation of police building space to residential and nonresidential development, along with FY23 service units in Meridian. Vehicle trips to nonresidential development are based on floor area estimates for industrial, commercial, institutional, office and other services, as documented in the Land Use Assumptions. For police development fees, Meridian will use a cost factor of$660 per square foot (provided by City staff). The cost factor includes design and construction management. Based on FY23 service units,the standard in Meridian is 0.33 square feet of police building floor area per person in the service area. For nonresidential development, Meridian's standard is 0.09 square feet of police building per inbound vehicle trip to nonresidential development, on an average weekday. DP Guthrie LLC 13 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure P2: Meridian Police Buildings and Standards Police Buildings Square Feet Admin Building 33,000 Scenario Village 11,637 Police Pricinct-N 11,223 PSTC(ha If) 7,250 TOTAL 63,110 Source: Cityof/Weridian Police Department. Police Buildings Standards Residential Nonresidential Proportionate Share(based on 72% 28% functional population) Growth Indicator Population Avg Wkdy Veh Trips to Nonres Dev Service Units in FY23 i 139,2491 195,281 Square Feet per Service Unit 0.331 0.091 DP Guthrie LLC 14 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Police Infrastructure Needs Idaho's development fee enabling legislation requires jurisdictions to convert land use assumptions into service units and the corresponding need for additional infrastructure over the next ten years. As shown in Figure P3, projected population and inbound nonresidential vehicle trips drive the need for police buildings and vehicles. Meridian will need 13,745 additional square feet of police buildings. The ten-year, growth-related capital cost of police buildings is approximately$9.07 million. Figure P3: Police Facilities Needed to Accommodate Growth Police Infrastructure Standards and Capital Costs Buildings-Residential 0.33 SqFtperperson Buildings-Nonresidential 0.09 SqFtpertrip Police Buildings Cost $660 persquarefoot Infrastructure Needed_ Veh Trips to Police Year Population Nonres in Meridian Buildings(sqft) Base 2022 Yearl 2023 139,249 195,281 63,110 Year2 2024 145,028 198,832 65,317 Year3 2025 151,006 202,497 67,599 Year4 2026 154,310 206,064 69,000 Year5 2027 157,614 209,871 70,423 Year6 2028 160,919 213,623 71,841 Year7 2029 164,223 217,451 73,265 Year8 2030 167,527 221,295 74,692 Year9 2031 169,715 225,340 75,772 Year10 2032 1 171,9031 229,4231 76,8551 2023-2032 Increase 32,654 34,142 13,745 Growth Cost of Police Buildings=> $9,072,000 Revenue Credit Evaluation Currently the City of Meridian does not have any outstanding debt related to police facilities. Therefore, a revenue credit for bond payments is not applicable. As shown in the cash flow analysis below, projected impact fee revenue matches the growth cost of new facilities. Based on the City of Meridian's legislative policy decision to fully fund expected growth costs from impact fees,there is no potential double-payment from other revenue sources. Police Development Fees Infrastructure standards and cost factors for police are summarized in the upper portion of Figure P4. The conversion of infrastructure needs and costs per service unit into a cost per development unit is also shown in the table below. For residential development, average number of persons in a housing unit provides the necessary conversion. Persons per housing unit, by size threshold are documented in the Land Use Assumptions. DP Guthrie LLC 15 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT For nonresidential development,trip generation rates by type of development are from the Institute of Transportation Engineers (ITE 2022). To ensure the analysis is based on travel demand associated with nonresidential development within Meridian,trip ends (entering and exiting) are converted to inbound trips using a basic 50%adjustment factor. In addition to the growth cost of police facilities, impact fees include the cost of professional services related to the CFP (authorized by the Idaho Impact Fee Act). Figure P4: Police Impact Fees per Development Unit 2022 Input Variables Infrastructure Type Infrastructure Growth Quantity Cost Factor Growth Cost Units Over Ten Years per Unit (rounded) Police Buildings square feet 13,745 $660 $9,072,000 Professional Services Cost=> $7,680 Less Projected Fund Balance 9/30/2022=> $0 CostAllocation Net Growth Cost=> $9,079,680 Residential 72% Nonresidential 28% Allocated Cost by Land Use Residential $6,537,370 Nonresidential $2,542,310 Growth 2022 to 2032 CostperService Unit Residential(persons) 38,433 $170 Nonresidential 37,601 $67 (vehicle trips) Residential Impact Fees(per housing unit) Square Feet of Climate-Controlled Persons per Proposed Police Current Proposed Increase to Current Space Housing Unit Facilities Fees Fees Ratio 1200 or less 1.12 $190 $56 $134 3.39 1201 to 1700 1.73 $294 $98 $196 3.00 1701 to 2500 2.37 $402 $128 $274 3.14 2501 to 3200 2.84 $482 $152 $330 3.17 3201 or more 3.19 $542 $177 $365 3.06 Nonresidential Impact Fees(square foot of building) AvgWkdyVeh TripAdjustment Proposed Proposed Trip Ends per Factors Police Current Type KSF Facilities Fees Increase to Current Ratio Fees Commercial(Restaurant/Retail) 37.01 50% $1.23 $0.24 $0.99 5.13 All Other 5.76 50% $0.19 $0.05 $0.14 390 DP Guthrie LLC 16 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Projected Revenue for Police Facilities Over the next ten years, police development fee revenue is projected to approximately match the growth cost of police infrastructure, which has a ten-year total cost of approximately$9.08 million (see the upper portion of Figure 135). The table below indicates Meridian should receive approximately$9.1 million in police development fee revenue, if actual development matches the land use assumptions. To the extent the rate of development either accelerates or slows down, there will be a corresponding change in the need for infrastructure and development fee revenue. The revenue projection assumes the average single-family dwelling has 2501 to 3200 square feet of climate-controlled space and the average multifamily unit has 1201 to 1700 square feet of floor area. Figure P5: Police Development Fee Revenue Ten-YearGrowth CostofPolice Facilities=> $9,079,680 Police Impact Fee Revenue Single Family Multi-family Industrial Commercial Institutional Office&Other Services $482 $294 $190 $1,230 $190 $190 per housing unit per housing unit per 1000 Sq Ft per 1000 Scl Ft per 1000 Sq Ft per 1000 Scl Ft Year Hsg Units Hsg Units KSF KSF KSF KSF Base 2022 41,617 9,427 11,740 6,570 5,270 7,360 Year 1 2023 43,217 10,227 11,950 6,690 5,360 7,490 Year2 2024 44,767 10,877 12,170 6,810 5,460 7,630 Year3 2025 46,117 11,427 12,380 6,940 5,560 7,760 Year4 2026 47,317 11,827 12,610 7,060 5,660 7,900 Year5 2027 48,265 12,231 12,840 7,190 5,760 8,050 Year6 2028 49,212 12,634 13,070 7,320 5,860 8,190 Year7 2029 50,160 13,038 13,300 7,450 5,970 8,340 Year8 2030 51,107 13,441 13,540 7,580 6,080 8,490 Year9 2031 51,836 13,752 13,790 7,720 6,190 8,640 Year 10 2032 52,565 14,062 14,030 7,860 6,300 8,800 Ten-YrIncrease 10,948 4,635 2,290 1,290 1,030 1,440 Projected Revenue=> $5,280,000 $1,360,000 $435,000 $1,587,000 $196,000 $274,000 Total Projected Revenues(rounded)=> $9,132,000 DP Guthrie LLC 17 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Comprehensive Financial Plan for Police City staff recommends the improvements listed in Figure P6 to accommodate additional development over the next ten years. Impact fees will contribute approximately$9.1 million for Phase 3 of the Public Safety Training Center. Other revenue sources will be required to fund the additional cost of police facilities over the next ten years. Figure P6: Summary of Ten-Year UP for Police Needed Planned Building Sq Ft 13,745 17,000 FY Description Amount units Cost 2023 2024 2025 Public Safety Training Center Phase 3 17,000 square feet $11,220,000 2026 2027 2028 2029 2030 2031 2032 Tota I=> $11,220,000 Growth Needs to Maintain Current LOS=> $9,079,680 DP Guthrie LLC 18 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Fire Impact Fees DP Guthrie LLC recommends functional population to allocate the cost of additional fire infrastructure to residential and nonresidential development (see Figure P1 above and related text). Fire development fees in Meridian are based on the same level of service currently provided to existing development. Existing Standards for Fire Facilities Figure F1 inventories Fire Department buildings in Meridian. Because the training center is also used by the Police Department,floor area was reduced to indicate the portion used by Meridian Fire Department. Based on service units in FY23,the standard for fire buildings is 0.52 square feet per person and 0.52 square feet per job. Figure Fl: Existing Fire Buildings Fire Stations Square Feet Fire Admin Space(City Hall) 13,511 Fire Station#1(540 E. Franklin Rd) 11,700 Fire Station#6(1435 W Overland Rd) 10,299 Fire Station#7(2385 Lake Hazel Rd) 10,299 Fire Station#8(4250 N Owyhee Storm Ave) 10,299 Fire Station#5(6001 N Linder Rd) 7,360 PSTC(half) 7,250 Fire Station#4(2515 S Eagle Rd) 7,077 Fire Station#3(3545 N Locust Grove) 7,040 Fire Station#2(2401 N Ten M He Rd) 6,770 Training Tower@ Station#1 6,523 Fire Safety Center(1901 Leighfield Dr) 1,744 TOTAL 99,872 Allocation Factors for Fire Stations Residential Share 72% Functional Nonresidential Share 28% Population Population in 2023 139,249 Jobs in 2023 53,547 Infrastructure Standards for Fire Stations Square Feet Residential(per person) 0.52 Nonresidential(perjob) 0.52 DP Guthrie LLC 19 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Development fees will be used to expand the fleet of fire vehicles and purchase equipment with a useful life of at least ten years. Figure F2 lists fire vehicles and equipment currently used by the Meridian Fire Department. Following the same methodology used for fire buildings, the total cost of fire vehicles and equipment was allocated 72%to residential and 28%to nonresidential development in Meridian. As shown below, every additional resident will require Meridian to spend approximately$75 for additional fire vehicles and equipment. Every additional job requires the City to spend approximately$74 for additional fire vehicles and equipment. Figure F2: Existing Standards for Fire Vehicles Fire Apparatus and Equipment Code TotalCost Engines FE $6,178,923 LadderTruck LT $4,400,000 Pickup Trucks PT $590,975 OtherVehicles Ov $431,296 Communications&Equipment CE $2,244,978 TOTAL $13,846,172 Allocation Factors for Fire Apparatus and Communications Residential Share 72% Functional Nonresidential Share 28% population Population in 2022 133,470 Jobs in 2022 52,602 Infrastructure Standardsfor Fire Apparatus and Communications Apparatus and Communications Residential(per person) $74.69 Nonresidential(perjob) $73.70 DP Guthrie LLC 20 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Fire Infrastructure Needs The City's Comprehensive Plan and website describe existing fire facilities. In Meridian, fire facilities are fully utilized and there is no surplus capacity for future development. The City has determined that fire facilities will require expansion to accommodate future development. As specified in 67-8203(29), development impact fees in Meridian exclude costs to repair, upgrade, update, expand or replace existing capital improvements to provide better service to existing development. To accommodate projected development, Meridian will expand fire buildings by 21,741 square feet and spend approximately$3.63 million to purchase additional fire vehicles and equipment. Figure F3: Growth-Related Need for Fire Facilities Fire Infrastructure Standards and Capital Costs Fire Buildings-Residential 0.52 Sq Ft per person Fire Buildings-Nonresidential 0.52 Sq Ft perjob Fire Buildings Cost $864 per square foot Fire Apparatus/Communications-Residential $74.69 Cost per person Fire Apparatus/Communications-Nonres $73.70 Cost perjob Facilities Needed Population Meridian Sq Ft of Fire Fire Apparatus and Year Jobs Stations Communications Base 2022 $13,846,172 Year 1 2023 139,249 53,547 99,872 $14,347,471 Year2 2024 145,028 54,514 103,361 $14,850,391 Year3 2025 151,006 55,496 106,961 $15,369,281 Year4 2026 154,310 56,496 109,190 $15,689,784 Year5 2027 157,614 57,514 111,428 $16,011,613 Year6 2028 160,919 58,552 113,676 $16,334,917 Year7 2029 164,223 59,607 115,933 $16,659,474 Year8 2030 167,527 60,680 118,200 $16,985,357 Year9 2031 169,715 61,774 119,901 $17,229,431 Year 10 2032 171,9031 62,8881 121,6131 $17,474,979 Increase 32,654 9,341 21,741 $3,628,807 Cost of Fire Stations=> $18,784,000 Cost of Fire Apparatus and Communications=> $3,629,000 Tota I Growth Cost=> $22,413,000 Revenue Credit Evaluation Currently the City of Meridian does not have any outstanding debt related to fire facilities. Therefore, a revenue credit for bond payments is not applicable. As shown in the cash flow analysis below, projected impact fee revenue matches the growth cost of new facilities. Based on the City of Meridian's legislative policy decision to fully fund expected growth costs from impact fees,there is no potential double-payment from other revenue sources. DP Guthrie LLC 21 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Current and Proposed Fire Impact Fees Figure F4 indicates proposed impact fees for fire facilities in Meridian. Residential fees are derived from average number of persons per housing unit and the cost per person. Nonresidential fees are based on average jobs per 1,000 square feet of floor area and the cost per job. The cost factors for fire facilities are summarized in the upper portion of Figure F4. Persons per unit, by dwelling size, are based on local data, as discussed in the Land Use Assumptions. For nonresidential development, average jobs per thousand square feet of floor area are also documented in the Land Use Assumptions. To be consistent with 67-8204(16) of the Idaho Development Impact Fee Act, impact fees are derived using the cost per service unit multiplied by the average number of service units per development unit. Proposed nonresidential development fees for fire facilities are shown in the column with light orange shading. The 2022 study recommends nonresidential fees by two general categories, Commercial and All Other types of nonresidential development. Commercial includes all buildings within a shopping center, plus stand-alone retail development and eating/drinking places (i.e., restaurants and bars). All Other includes industrial, warehousing, offices, business services, and personal services (i.e., every type of non-residential development not considered Commercial). DP Guthrie LLC 22 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure F4: Fee Schedule for Fire Facilities 2022 Input Variables Cost Infrastructure Type Infrastructure Growth Quantity Factor Growth Cost Units Over Ten Years per Unit (rounded) Fire Buildings square feet 21,741 $864 $18,784,000 dollars $3,629,0001 Fire Apparatus F I Tota I=> $22,413,000 Professional Services Cost=> $7,680 Less Projected Fund Balance 9/30/2022=> $0 CostAllocation NetGrowthCost=> $22,420,680 Residential 1 72%1 Nonresidential 1 28%1 Allocated Cost by Land Use Residential F—$16,142,890 Nonresidential 1 $6,277,790 Growth 2022 to 2032 CostperService Unit Residential(persons) 38,433 $420 Nonresidential(jobs) 10,2861 $610 Residential impact Fees(per housing unit) Square Feet of Climate-Controlled Persons per Proposed Fire Current Proposed Increase to Current Space Housing Unit Facilities Fee Fees Ratio 1200 or less 1.12 $470 $258 $212 1.82 1201 to 1700 1.73 $726 $450 $276 1.61 1701 to 2500 2.37 $995 $585 $410 1.70 2501 to 3200 2.84 $1,192 $693 $499 1.72 3201 or more 3.19 $1,339 $809 $530 1.66 Nonresidential Impact Fees(square foot of building) Jobs per 1,000 Proposed Fire Current Proposed Type Sq Ft Facilities Fee Fees Increase to Current Ratio Commercial(Restaurant/Retail) 2.12 $1.29 $0.64 $0.65 2.02 FAll Other 1 1.58 1 $0.961 $0.411 $0.55 1_ DP Guthrie LLC 23 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Projected Revenue for Fire Facilities Over the next ten years,fire development fee revenue is projected to approximately match the growth cost of fire infrastructure, which is approximately$22.42 million (see the upper portion of Figure F5). The table below indicates Meridian should receive approximately$22.65 million in fire development fee revenue, if actual development matches the land use assumptions. To the extent the rate of development either accelerates or slows down, there will be a corresponding change in the development fee revenue. The revenue projection assumes the average single-family dwelling has 2501 to 3200 square feet of climate-controlled space and the average multifamily unit has 1201 to 1700 square feet of floor area. Figure F5: Fire Development Fee Revenue Ten-Year Cost of Growth-Related Fire Facilities=> $22,420,680 Fire Impact Fee Revenue Single Family Multi-family Industrial Commercial Institutional Office and OtherServices $1,192 $726 $960 $1,290 $960 $960 Year per housing unit per housing unit per 1000 Scl Ft per 1000 Scl Ft per 1000 Sq Ft per 1000 Scl Ft Hsg Units Hsg Units KSF KSF KSF KSF Base 2022 41,617 9,427 11,740 6,570 5,270 7,360 Year 1 2023 43,217 10,227 11,950 6,690 5,360 7,490 Year2 2024 44,767 10,877 12,170 6,810 5,460 7,630 Year3 2025 46,117 11,427 12,380 6,940 5,560 7,760 Year4 2026 47,317 11,827 12,610 7,060 5,660 7,900 Year5 2027 48,265 12,231 12,840 7,190 5,760 8,050 Year6 2028 49,212 12,634 13,070 7,320 5,860 8,190 Year7 2029 50,160 13,038 13,300 7,450 5,970 8,340 Year8 2030 51,107 13,441 13,540 7,580 6,080 8,490 Year9 2031 51,836 13,752 13,790 7,720 6,190 8,640 Year 10 2032 52,565 14,062 14,030 7,860 6,300 8,800 Ten-YrIncrease 10,948 4,635 2,290 1,290 1,030 1,440 Projected Revenue=> $13,050,000 $3,370,000 $2,200,000 $1,660,000 $990,000 $1,380,000 Total Projected Revenues(rounded)=> $22,650,000 DP Guthrie LLC 24 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Comprehensive Financial Plan for Fire Facilities Using impact fee funding over the next ten years, Figure F6 indicates that Meridian plans to expand fire building space by 21,741 square feet. Meridian will also purchase additional fire vehicles costing approximately$6.63 million. The total cost for planned projects is approximately$25.42 million. The growth needs funded by impact fees is approximately$22.42 million over ten years. Other revenues will be required to fully fund the Fire Department's CFP. Figure F6: Summary of Ten-Year CFP for Fire Facilities Needed Planned Building Sq Ftl 21,741 1 21,741 Apparatus and Equipmentl $3,629,000 1 $6,632,469 FY Description Amount Units Cost 2023 2024 Fire Station#1 Vehicle $686,834 2025 Radios 16 $160,000 2025 LadderTruck @Fire Station#6 1 $2,200,000 2026 Additional Cardiac Monitors $140,000 2026 Additional Fire Station Design $720,000 2027 Additional Fire Station Construction 12,000 square feet $9,648,000 2027 Additional Fire Station Engine $686,834 2027 Hydraulic Extrication Tool 2 $250,000 2027 Thermal Imaging Cameras 5 $70,400 2028 LadderTruck @Fire Station#10 1 $2,200,000 2028 SCBAs for new apparatus $140,000 2030 Additional Battalion Chief Vehicle 1 $98,401 2023to Building Design $720,000 2032 2023to Expand Fire Buildings 9,741 square feet $7,696,100 2032 Total=> $25,416,569 Growth Needs to Maintain Current LOS=> $22,420,680 DP Guthrie LLC 25 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Fee Implementation and Administration Consistent with best practices and Idaho's enabling legislation, Meridian updates capital improvements and development impact fees every five years. In addition, some jurisdictions make annual adjustments for inflation using a price index like the Engineering News Record (ENR) Construction Cost Index published by McGraw-Hill Companies. This index could be applied to the adopted impact fee schedule, reviewed by the Advisory Committee,then approved by City Council. If cost estimates or demand indicators change significantly,the City should redo the fee calculations. Another best practice is to spend impact fees as soon as possible,tracking funds according to first in,first out accounting, using aggregate rather than project-specific tracking. Impact fees and accrued interest are maintained in a separate fund that is not comingled with other revenues. In Idaho, an annual report is mandatory, indicating impact fee collections, expenditures, and fund balances by type of infrastructure. Cost of CFP Preparation As stated in Idaho's enabling legislation, a surcharge on the collection of development impact fees may be used to fund the cost of preparing the CFP that is attributable to the impact fee determination. A minor cost of$7,680 per infrastructure type was added to the 2022 Meridian impact fee study. Development Categories Proposed impact fees for residential development are by square feet of climate-controlled space, excluding porches, garage and unfinished space, such as basements and attics. For an apartment building,the average size threshold is derived for an entire building. The recommended procedure is to identify the aggregate climate- controlled floor area for the entire building, excluding ancillary space for community rooms,fitness centers, management office and maintenance areas, divided by the number of dwelling units in the building. Apartment complexes and some residential development provide common areas for use by residents, such as exercise rooms and clubhouses. Common areas for the private use of residents are ancillary uses to the dwelling units and not subject to additional impact fees. Section 67-8204(20) of the Idaho Development Impact Fee Act states that an addition to an existing residential building,that does not increase the number of service units, should be exempt from additional impact fees. Given the relatively small fee increase across size thresholds and the high transaction cost to assess fees for additions to residential buildings, DP Guthrie LLC recommends that additions to residential buildings should not be subject to additional impact fees. The two general nonresidential development categories in the proposed impact fee schedule can be used for all new construction within Meridian. Nonresidential development categories represent general groups of land uses that share similar average weekday vehicle trip generation rates and job density(i.e.,jobs per 1,000 square feet of floor area), as documented in Appendix A. "Commercial" includes retail development and eating/drinking places (i.e., restaurants and bars). All land uses within a shopping center will pay the impact fee for commercial development. All Other includes industrial, warehousing, offices, business services, and personal services (i.e., every type of non-residential development not considered Commercial). DP Guthrie LLC 26 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT An applicant may submit an independent study to document unique demand indicators (i.e., service units per development unit). The independent study should be prepared by a professional engineer or certified planner and use the same type of input variables as those in Meridian's impact fee study. For residential development, impact fees are based on average persons per housing unit. For nonresidential development, impact fees are based on inbound average weekday vehicle trips per 1,000 square feet of floor area, and the average number of jobs per 1,000 square feet of floor area. The independent fee study will be reviewed by City staff and can be accepted as the basis for a unique fee calculation. If staff determines the independent fee study is not reasonable,the applicant may appeal the administrative decision to Meridian's elected officials for their consideration. Credits and Reimbursements A general requirement that is common to impact fee methodologies is the evaluation of credits. A revenue credit may be necessary to avoid potential double payment situations arising from one-time impact fees plus on-going payment of other revenues that may also fund growth-related capital improvements. The determination of revenue credits is dependent upon the impact fee methodology used in the cost analysis. Policies and procedures related to site-specific credits should be addressed in the ordinance that establishes the impact fees. Project-level improvements, required as part of the development approval process, are not eligible for credits against impact fees. If a developer constructs a system improvement included in the fee calculations, it will be necessary to either reimburse the developer or provide a credit against the fees. The latter option is more difficult to administer because it creates unique fees for specific geographic areas. Based on national experience, DP Guthrie LLC recommends a jurisdiction establish a reimbursement agreement with the developer that constructs a system improvement. The reimbursement agreement should be limited to a payback period of no more than ten years and the City should not pay interest on the outstanding balance. The developer must provide documentation of the actual cost incurred for the system improvement. The City should only agree to pay the lesser of the actual construction cost or the estimated cost used in the impact fee analysis. If the City pays more than the cost used in the fee analysis, there will be insufficient fee revenue. Reimbursement agreements should only obligate the City to reimburse developers annually according to actual fee collections from the benefiting area. The supporting documentation for each type of impact fee describes the types of infrastructure considered to be system improvements. Site specific credits or developer reimbursements for one type of system improvement does not negate an impact fee for other system improvements. DP Guthrie LLC 27 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Appendix A: Land Use Assumptions Appendix A contains the land use assumptions for Meridian's 2019 DIF update. The CFP must be developed in coordination with the Advisory Committee and utilize land use assumptions most recently adopted by the appropriate land planning agency [see Idaho Code 67-8206(2)]. Idaho's enabling legislation defines land use assumptions as: "a description of the service area and projections of land uses, densities, intensities, and population in the service area over at least a 20-year period." Service Areas To ensure a substantial benefit to new development paying impact fees,the City of Meridian has evaluated collection and expenditure zones for public facilities that may have distinct benefit or service areas. In the City of Meridian, impact fees for parks/recreation, police and fire facilities will benefit new development throughout the entire incorporated area. DP Guthrie LLC recommends one citywide service area for Meridian impact fees. Idaho Code 67-8203(26) defines "service area" as: "Any defined geographic area identified by a governmental entity, or by intergovernmental agreement, in which specific publicfacilities provide service to development within the area defined, on the basis of sound planning or engineering principles, or both." The City's adopted Future Land Use Map indicates land uses, densities, and intensities of development, as required by Idaho Code 67-8203(16). The service area is defined as all land within the city limits of Meridian, as modified over time. Summary of Growth Indicators Population, housing unit,jobs and nonresidential floor area are the "service units" or demand indicators that will be used to evaluate the need for growth-related infrastructure. The demographic data and development projections discussed below will also be used to demonstrate proportionality. All land use assumptions are consistent with Meridian's Comprehensive Plan. In contrast to the Comprehensive Plan, which is more general and has a long-range horizon, development impact fees require more specific quantitative analysis and have a short-range focus. Typically, impact fee studies look out five to ten years, with the expectation that fees will be periodically updated (e.g., every 5 years). Infrastructure standards will be calibrated using fiscal year 2018-19 data. In Meridian,the fiscal year begins on October V. Key development projections for the City of Meridian are housing units and nonresidential floor area, as shown in Figure Al. These projections will be used to estimate development fee revenue and to indicate the anticipated need for growth-related infrastructure. The goal is to have reasonable projections without being overly concerned with precision. Because impact fee methods are designed to reduce sensitivity to development projections in the determination of the proportionate-share fee amounts, if actual development is slower than projected,fee revenue will decline, but so will the need for growth-related infrastructure. In contrast, if development is faster than anticipated,the City will receive an increase in fee revenue, but will also need to accelerate infrastructure improvements to keep pace with the actual rate of development. DP Guthrie LLC 28 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Population and housing unit projections were provided by City staff. During the next ten years,the impact fee study assumes Meridian's population increases at a growth rate of approximately 2.56% per year. Over the next ten years,jobs are expected to increase at a growth rate of approximately 1.8% per year, which is from the Communities in Motion employment forecast from 2020 to 2050. Figure All: Annual Development Projections Meridian Land Use As 2-00,000 180,000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 2020 2025 2030 2035 2040 —Population —Housing Units —Jobs IN o n resi d entlia I Scl u a re Fe et(in th ous an ds) Proportionate Share The term "proportionate" is found throughout Idaho's Development Impact Fee Act. For example, Idaho Code 67- 8202(2) states the intent to, "Promote orderly growth and development by establishing uniform standards by which local governments may require that those who benefit from new growth and development pay a proportionate share of the cost of new publicfacilities needed to serve new growth and development;" DP Guthrie LLC 29 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Because DIFS must be proportionate, jurisdictions derive fees for various land uses per unit of development, as stated in Idaho Code 67-8404(17). "A development impactfee ordinance shall include a schedule of development impactfeesfor various land uses per unit of development. The ordinance shall provide that a developer shall have the right to elect to pay a project's proportionate share of system improvement costs by payment of development impactfees according to the fee schedule as full and complete payment of the development project's proportionate share of system improvement costs..." Even though formulas and methods are not specified in Idaho's Development Impact Fee Act, DIFs must be reasonable and fair, as stated in section 67-8201(l). "All development impactfees shall be based on a reasonable andfairformula or method under which the development impact fee imposed does not exceed a proportionate share of the costs incurred, or to be incurred, by the governmental entity in the provision of system improvements to serve the new development. In the following sections, DID Guthrie LLC describes reasonable and fair formulas and methods that can be used in the City of Meridian to make DIFs proportionate by size of residential development and type of nonresidential development. Residential Development and Persons per Housing Unit The 2010 census did not obtain detailed information using a "long-form" questionnaire. Instead,the U.S. Census Bureau has switched to a continuous monthly mailing of surveys, known as the American Community Survey (ACS), which is limited by sample-size constraints. For example, data on detached housing units are now combined with attached single units (commonly known as townhouses). Part of the rationale for imposing fees by size threshold, as discussed further below, is to address this ACS data limitation. Because townhouses and apartments generally have fewer bedrooms and less floor area than detached units, size thresholds make fees more proportionate, while facilitating construction of affordable units. As shown Figure A2, dwellings with a single unit per structure (detached and attached) average 2.84 persons per housing unit. Dwellings in structures with two or more units average 2.19 year-round residents per unit. This category includes duplexes, which have two dwellings on a single land parcel. According to the latest available data, the overall average is 2.75 year- round residents per housing unit and 2.82 persons per household. According to the U.S. Census Bureau, a household is a housing unit that is occupied by year-round residents. Development fees often use per capita standards and persons per housing unit, or persons per household, to derive proportion ate-sha re fee amounts. DID Guthrie LLC recommends that fees for residential development in the City of Meridian be imposed according to the number of year-round residents per housing unit. DP Guthrie LLC 30 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure A2: Year-Round Persons per Unit by Type of Housing Meridian Population and Housing Characteristics Units in Structure Persons House- Persons per Housing Persons per Housing Vacancy holds Household Units Housing Unit mix Rate Single Unit 95,564 32,685 2.92 33,703 2.84 86% 3% All Other** 11,920 5,364 2.22 5,440 2.19 14% 1% S u btota 1 107,484 38,049 2.82 39,143 2.75 3% Group Quarters 303 TOTAL 107,787 Source: U.S. Census Bureau, 2020 American Community Survey, 5-Year Estimates, Tables B25024, B25032, B25033, and B26001. Single unit includes attached and detached. All other includes multifamily and mobile homes. Demand Indicators by Dwelling Size Impact fees must be proportionate to the demand for infrastructure. Because the average number of persons per housing unit has a strong, positive correlation to the number of bedrooms, DP Guthrie LLC recommends residential fee schedules that increase by dwelling size. Custom tabulations of demographic data by bedroom range can be created from individual survey responses provided by the U.S. Census Bureau, in files known as Public Use Micro-Data Samples (PUMS). PUMS files are only available for areas of at least 100,000 persons, with the City of Meridian included in Public Use Micro-Data Area (PUMA) 701. As shown in Figure A3, DID Guthrie LLC derived average persons per housing unit by bedroom range, from un-weighted PUMS data. The recommended multipliers by bedroom range (shown below) are for all types of housing units, adjusted to the control total for Meridian (i.e., 2.75 persons per housing unit). Figure Al Persons by Bedroom Range Recommended Multipliers(2) Bedrooms Persons Housing Persons per Housing (1) Units(1) Housing Unit mix 0-1 53 43 1.33 3.0% 2 384 205 2.02 14.3% 3 1,5801 684 2.49 47.7% 4+ 1,6421 501 3.53 35.0% Tota 1 3,6591 1,433, 2.75 1 100.0% (1) American Community Survey, Public Use Microdato Sample for ID PUMA 701(2016-2020 5-year database). (2) Recommended persons per housing unit are scaled to make the average derived from PUMS survey data match the control total for Meridian (i.e. 2.75 persons per housing unit). DP Guthrie LLC 31 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT DIFs based on size of dwelling are generally easier to administer when expressed in square feet of finished living space for all types of housing. Basing fees on floor area rather than the number of bedrooms eliminates the need for criteria to make administrative decisions on whether a room qualifies as a bedroom. To translate dwelling size by number of bedrooms into square feet of living space, DP Guthrie LLC used the 2018 Ada County Assessor's residential database to derive average square feet by bedroom range (i.e.,two,three, and four or more bedrooms). DP Guthrie LLC recommends that DIFs for residential development be imposed based on finished square feet of living space, excluding garages, patios and porches that are not climate-controlled. Average floor area and number of persons by bedroom range are plotted in Figure A4, with a logarithmic trend line derived from actual averages for Meridian. Using the trend line formula shown in the chart, DP Guthrie LLC derived the estimated average number of persons, by dwelling size, in size thresholds like those currently used by the City of Boise. As shown with yellow highlighting, the lowest floor area range (1200 square feet or less) has an estimated average of 1.24 persons per housing unit. At the upper end of the floor area range (3201 or more square feet of climate- controlled space),the average is 3.53 persons per housing unit. For a building with more than one residential unit, City staff will determine the average size threshold for the entire building by dividing total climate-controlled floor area, less ancillary building space, by the total number of dwellings in the building. Ancillary floor area includes community rooms,fitness centers, management offices, and maintenance areas. In each impact fee worksheet,the person per housing unit values shown in Figure A4 were adjusted downward by multiplying the value for each size threshold by the ratio of 2.84 divided by 3.14. Figure A2 indicates an average of 2.84 persons per single-family unit in Meridian and 3.14 is the fitted-curve value for dwellings with 2501 to 3200 square feet, which is the middle range for single-family units. DP Guthrie LLC 32 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure A4: Persons by Square Feet of Living Space Average square feet for 2 to 4+ Survey of Construction Meridian Averages per Housing Unit Fitted-Curve lues bedrooms in Meridian was derived Square Feet(rounded) Bedrooms Sq Ft(rounded) Persons Sq Ft Range Persons from Ada County Assessor 1,100 0-1 1,000 1.33 1200 or less 1.24 residential database (units 1,800 2 1,500 2.02 1201 to 1700 1.91 constructed 2014 to 2018). 0 2.4 2,200 3 2,10��49 1701 to 2500 2.62 Average persons per housing unit 0� by bedroom range is based on 3,400 4+ 2,9 0 2501 to 3200 1 3 14 2016-2020 ACS PUM 5 data for I D 43201 or more I —�­' 2,700 <=Wt Avg=> 2,400 3,531 PUMA 701. Recommended Square Feet Ranges are similar to Boise size thresholds. Persons per Housing Unit in Meridian, 1 4.00 3.50 1,98841n(x) - 17-493 3.00 - R 2 0.9651 2.50 - 0 2.00 - CL r- 1.50 - 0 1.00 - 0.50 - 0.00 0 500 1,000 1,500 2,000 2,500 3,000 3,500 Square Feet of Living Area DP Guthrie LLC 33 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Jobs and Nonresidential Development In addition to data on residential development, the calculation of impact fees requires data on nonresidential development. DID Guthrie LLC uses the term "jobs" to refer to employment by place of work. In Figure AS, color shading indicates nonresidential development prototypes used by DP Guthrie LLC to derive average weekday vehicle trips and nonresidential floor area. For future industrial development, DP Guthrie LLC averaged Light Industrial (ITE code 110) and Warehousing(ITE 150)to derive an average of 1,239 square feet per industrial job. The prototype for future commercial development is an average-size Shopping Center(ITE code 820). Commercial development (i.e., retail and eating/drinking places) is assumed to average 471 square feet per job. For institutional development, such as schools, daycare and churches,the impact fee study assumes an average of 1,012 square feet per job. The prototype for institutional development is Assisted Living(ITE 254). For office and other services, an average-size Office (ITE 710) is the prototype for future development, averaging of 307 square feet per job. Figure A5: Average Weekday Vehicle Trip Ends ITE Land Use/Size Demand Wkdy Trip Ends Wkdy Trip Ends Emp Per Sq Ft Code Unit Per Dmd Unit* Per Employee Dmd Unit PerEmp 110 Light I nclustrial 1,000 Sq Ft 4.87 3.10 1.57 637 140 Manufacturing 1,000 Sq Ft 4.75 2.51 1.89 528 150 Warehousing 1,000 Sq Ft 1.71 5.05 0.34 2,953 254 Assisted Living 1,000 Sq Ft 4.19 4.24 0.99 1,012 610 Hospita 1 1,000 Sq Ft 10.77 3.77 2.86 350 620 Nursing Home 1,000 Sq Ft 6.75 3.31 2.04 490 710 General Office 1,000 Sq Ft 10.84 3.33 3.26 307 760 Research& Dev Center 1,000 Sq Ft 11.08 3.37 3.29 304 770 Business Park 1,000 Sq Ft 12.44 4.04 3.08 325 1820 1 Shopping Center 1,000 Sq Ft 37.01 17.42 2.12 471 857 Discount Club 1,000 Sq Ft 42.46 32.21 1.32 759 1 nclustria I in M eridia n 1,000 Sq Ft 3.29 4.08 0.81 Trip Generation,Institute of Transportation Engineers,11th Edition(2022). DP Guthrie LLC 34 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Appendix B: Changes in Standards and Cost Factors Figure 131 summarizes changes to infrastructure standards and cost factors from the 2019 impact fee study to the 2022 update. For most public facilities, infrastructure standards have increased slightly over time, with the exception of park improvements. Since 2019, population has increased faster than acres of improved parks. Major changes accounting for the proposed impact fee increase are higher cost factors and the recommendation to acquire additional park sites using impact fees, based on the 2022 standard of 3.14 acres per thousand residents. In the 2019 study, land for additional parks was only 1%of the growth cost and no standard was documented. In the 2022 study, land for additional parks is 26%of the growth cost for parks & recreation. Figure B1: Comparison of Standards and Cost Factors Public Infrastructure Standard Cost Factor 2022 to 2019 Facility 2019 2022 Measure 2019 2022 Units Cost Ratio Park Improvements 2.91 2.66 acres per thousand $241,000 $411,000 per acre 1.71 residents Park Land(new) 3.14 acres per thousand $61,000 $1S0,000 per acre 2.46 resident, I Recreation Centers 0.59 sq ua re feet $225 $670 per square foot of 2.98 per person building Police Buildings- 0.26 0.33 sq ua re feet Residential per person $333 per square foot of 1.98 Police Buildings- 0.09 square feet per building Nonresidential vehicle trip Fire Buildings-Residential 0.44 0.52 square feet per person $535 per square foot of 1.61 Fire Buildings- square feet building Nonresidential perjob Fire Apparatus, Communications& $61.98 $74.69 per person 1.21 Equipment-Residential Fire Apparatus, Communications& $64.46 $73.70 perjob 1.14 Equipment- Nonresidential * In the 2019 study,landfor additional parks was only 1%of the growth cost and no standard was documented. In the 2022 study,landfor additional parks is 26%of the growth costfor parks&recreation. DP Guthrie LLC 36 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure A6 indicates 2019 estimates of jobs and nonresidential floor area within Meridian. Job estimates, by type of nonresidential, are from Meridian's Work Area Profile, available through the U.S. Census Bureau's online web application known as OnTheMap. The number of jobs in Meridian is based on quarterly workforce reports supplied by employers. Floor area estimates are derived from the number of jobs by type of nonresidential development and average square feet per job ratios, as discussed on the previous page. Total floor area of nonresidential development in Meridian is consistent with property tax parcel information obtained from Ada County. Figure A6: Jobs and Floor Area Estimates 2019 Jobs(1) Commercial(2) 13,237 26.6% 1 ndustria 1(3) 8,983 18.0% 1 nstitutiona 1(4) 4,934 9.9% Office&Other Services(5) 22,702 45.5% TOTAL 49,856 100.0% (1) Jobs in 2015from Work Area Profile, OnTheMap,U.S. Census Bureau web application. (2) Major sectors are Retail and AccommodationlFood Services. (3) Major sectors are Construction, Manufacturing, Wholesale Trade, and TransportationlWarehousing. (4) Major sectors are Educational Services and Public Administration. (5) Major sectors are ProfessionalIScientificITechnicaI Services and Health Care. DP Guthrie LLC 35 E IDIAN AGENDA ITEM ITEM TOPIC: Public Hearing for Proposed 2022-2023 Winter/Spring Fee Schedule of the Meridian Parks and Recreation Department PUBLIC HEARING SIGN IN SHEET DATE: November 9, 2022 ITEM # ON AGENDA: 15 PROJECT NAME: Proposed 2022-2023 Winter/Spring Fee Schedule of the Meridian Parks and Recreation Department Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 2 3 4 5 6 7 8 9 10 11 12 13 14 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, at the hour of 6:00 p.m. on Wednesday, November 9, 2022 regarding new and increasing fees of the Meridian Parks and Recreation Department as described below Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at(208) 888-4433 at least 48 hours prior to the public hearing. Dazzle&Dance $15.00 Cheer& Tumbling Camps $25.00 CPR $50.00 Outdoor Adventure Camp $220.00 Let's Play Sports Camp $60.00 Camp Mer-IDA-Moo Day Camp $125.00 Belly Dance $50.00 - $95.00 The Power of Food Prep $40.00 Skyhawks Youth Sports $72.00 - $119.00 Real Dill Youth Pickleball $50.00 Kendo-Japanese Fencing $70.00 Introduction to the sport of Fencing $120.00 Amazing Athletes $75.00 Martial Arts for all Ages $40.00 Little Pallets Art Classes $30.00 - $140.00 Introduction to Rock Climbing $225.00 Bigfoot's Cartooning, Anime, & Comics $18.00 Teen Art&Anime Camp $165.00 - $180.00 Lego Classes $60.00 - $80.00 Individual Pool Pass $35.00 - $50.00 Yoga-All Levels $50.00 Yoga-Gentle Yoga $50.00 Yoga-Unlimited Yoga $70.00 Somatic Yoga &Gentle Stretch $50.00 Yin&Restorative Yoga $15.00 Jazzercise $69.00 Pickleball 101 $80.00 Line Dancing-Beginner $24.00 - $30.00 Line Dancing-Improver $24.00 - $30.00 Line Dancing-Intermediate $24.00 - $30.00 Line Dancing-Option days $105.00 Intennediate 2-step $40.00 - $50.00 West Coast Swing $40.00 - $50.00 Intro to Dance $40.00 - $50.00 Couples Social Dance Option Days $180.00 Digital Photography 10 1 $75.00 Advanced Photo Techniques $75.00 McCall Winter Carnival $35.00 Senior League Monday Night Player Fee $75.47 Senior League Tuesday Morning Player Fee $56.60 Senior League Wednesday Night Player Fee $75.47 Senior Designated Substitute Player Fee $75.47 DATED this 23rd day of October, 2022 CHRIS JOHNSON, CITY CLERK PUBLISH on October 23 and October 30, 2022 E IDIAN AGENDA ITEM ITEM TOPIC: Resolution No. 22-2354: A Resolution Adopting the 2022-2023 Winter/Spring Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 22-2354 BY THE CITY COUNCIL: BERNT,BORTON, CAVENER, HOAGLUN,PERREAULT, STRADER A RESOLUTION ADOPTING NEW AND INCREASING FEES OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, according to the requirements of Idaho Code section 63-1311 A, following publication of notice in the Idaho Press on Sunday, October 23rd and Sunday, October 30th, on Wednesday, November 9th the City Council of the City of Meridian held a hearing on the adoption of proposed new and increasing fees of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council,by formal motion, did approve said proposed new and increasing fees of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That the fees set forth in Exhibit A hereto are hereby adopted. Section 2. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That said fees will supersede all like fees previously adopted. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 9th day of November, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 9th day of November, 2022. APPROVED: Robert E. Simison, Mayor ATTEST: Chris Johnson, City Clerk ADOPTION OF FEES OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 1 OF 2 EXHIBIT A Dazzle &Dance $15.00 Cheer& Tumbling Camps $25.00 CPR $50.00 Outdoor Adventure Camp $220.00 Let's Play Sports Camp $60.00 Camp Mer-IDA-Moo Day Camp $125.00 Belly Dance $50.00 - $95.00 The Power of Food Prep $40.00 Skyhawks Youth Sports $72.00 - $119.00 Real Dill Youth Pickleball $50.00 Kendo-Japanese Fencing $70.00 Introduction to the sport of Fencing $120.00 Amazing Athletes $75.00 Martial Arts for all Ages $40.00 Little Pallets Art Classes $30.00 - $140.00 Introduction to Rock Climbing $225.00 Bigfoot's Cartooning, Anime, & Comics $18.00 Teen Art &Anime Camp $165.00 - $180.00 Lego Classes $60.00 - $80.00 Individual Pool Pass $35.00 - $50.00 Yoga-All Levels $50.00 Yoga-Gentle Yoga $50.00 Yoga-Unlimited Yoga $70.00 Somatic Yoga& Gentle Stretch $50.00 Yin&Restorative Yoga $15.00 Jazzercise $69.00 Pickle.ball 101 $80.00 Line Dancing-Beginner $24.00 - $30.00 Line Dancing-Improver $24.00 - $30.00 Line Dancing-Intermediate $24.00 - $30.00 Line Dancing-Option days $105.00 Intermediate 2-step $40.00 - $50.00 West Coast Swing $40.00 - $50.00 Intro,to Dance $40.00 - $50.00 Couples Social Dance Option Days $180.00 Digital Photography 10 1 $75.00 Advanced Photo Techniques $75.00 McCall Winter Carnival $35.00 ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 2 OF 4 Senior League Monday Night Player Fee $75.47 Senior League Tuesday Morning Player Fee $56.60 Senior League Wednesday Night Player Fee $75.47 Senior Designated Substitute Player Fee $75.47 ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT PAGE 3 OF 4 E IDIAN.;--- Planning and Zoning Presentations and outline Page 4 City Council Meeting November 15, 2022 Prescott Ridge Residential Development Agreement Modification Changes to Agenda: None Item #X: Prescott Ridge Residential (H-2022-0058) Application(s):  Development Agreement Modification This project was heard by City Council on September 27, 2022 and approved. When preparing the amended DA, it came to the attention of the City Attorney’s office that the address used in the public hearing notice was incorrect. Therefore, this item is required to be re-noticed and re-heard by the City Council in order to remedy the noticing error. Size of property, existing zoning, and location: This site is zoned R-8 & R-15 and is generally located on the east side of N. McDermott Rd., south of W. Chinden Blvd. History: This property was annexed in 2021 with the requirement of a DA as part of the Prescott Ridge development. Comprehensive Plan FLUM Designation: Medium Density Residential (MDR) Summary of Request: The Applicant proposes to modify the existing Development Agreement (Inst. 2021-132713) for the residential portion of Prescott Ridge Subdivision to update the phasing plan for the development. Since the time of annexation, the phasing plan for the overall development has changed. The northern 15-acre medical campus portion of the site was shown on the phasing plan as Phase I in order to create a “legal lot” to convey to the purchaser of that property. Acquiring the out-parcel at the northeast corner of the medical campus enabled the Applicant to do a property boundary adjustment to create a legal lot for development purposes to convey to the new owner so that they can develop their site separately at their own timing. The proposed modification will remove the medical campus from the phasing plan of the residential development. Other changes to the phasing plan include the following: 1) Phase 1 was expanded to include the location of the pressurized irrigation pump house; 2) the large green space in the center of the development is now part of Phase 3 instead of Phase 6, which will allow the large park and associated amenities to develop sooner; and 3) the updated phasing plan shows larger phases overall to expediate the development process. Phase 1 still includes construction of the collector street (Rustic Oak) from Chinden Blvd. to the southern boundary of the property which is important for emergency access. No changes to the text of the development agreement are proposed. Written Testimony: Patrick Connor, Applicant’s Representative – in agreement w/staff report Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2022-0058, as presented in the staff report for the hearing date of November 15, 2022: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2022-0058, as presented during the hearing on November 15, 2022, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2022-0058 to the hearing date of _____ for the following reason(s): (You should state specific reason(s) for continuance.) E IDIAN AGENDA ITEM ITEM TOPIC: Public Hearing for Lost Rapids West (SHP-2022-0014) by KM Engineering, generally located on the south side of W. Chinden Blvd., 1/4 mile west of N. Ten Mile Rd. Application Materials: https://bit.ly/SHP-2022-0014 A. Request: Short Plat to re-subdivide one (1) building lot (Lot 4, Block 1, Lost Rapids Subdivision) into two (2) building lots on 1.35 acres of land in the C-G zoning district. STAFF REPORT El� COMMUNITY DEVELOPMENT DEPARTMENT HEARING 11/9/2022 R-4 DATE: 7' TO: Mayor&City Council T, ..yj 1"3% Ae R-9 FROM: Sonya Allen,Associate Planner 208-884-5533 W SlLvrx W 5 11VER jtkVP R LN E Z SUBJECT: SHP-2022-0014 I I V Z Lost Rapids West W 5LINNY I Z R-9 Zu -QW LN ,141 f W 5 7- LOCATION: Generally located on the south side of W..:R R-40 W TA WGO Chinden Blvd., 1/4 mile west of N. Ten Mile Rd.,in the NE 1/4 of Section 27, Z P4 05 4, TAN.,R.1 W. q Ki 1. PROJECT DESCRIPTION Short plat to re-subdivide one (1)building lot(Lot 4,Block 1,Lost Rapids Subdivision) into two(2) building lots on 1.35 acres of land in the C-G zoning district. 11. APPLICANT INFORMATION A. Applicant: Cameron Scott,KM Engineering,LLP—5725 N. Discovery Way,Boise, ID 83713 B. Owner: GFI—Meridian Investments 11,LLC—74 E. 500 S., Ste. 200,Bountiful,UT C. Representative: Same as Applicant 111. NOTICING City Council Posting Date Legal notice published in 10/23/2022 newspaper Radius notice mailed to property 10/20/2022 owners within 500 feet Posted to Next Door 10/18/2022 — Page 1 IV. STAFF ANALYSIS The short plat proposes to re-subdivide Lot 4,Block 1,Lost Rapids Subdivision into two(2) buildable lots. The property consists of 1.35 acres of land in the C-G zoning district. Staff has reviewed the proposed short plat for compliance with the criteria set forth in UDC 11-6B-5 and deems the short plat to be in compliance with said requirements. The street buffer along W. Chinden Blvd.was constructed and landscaping with the previous subdivision improvements. Future development of the proposed lots should comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. Access to this property should be provided via the existing driveway along the southern boundary of the site; direct lot access via W. Chinden Blvd. is prohibited. V. DECISION Staff- Staff recommends approval of the proposed short plat with the conditions noted in Section V11 of this report and in accord with the findings in Section V111. Page 2 VI. EXHIBITS A. Short Plat(date: 8/25/22) PLAT OF LOST RAPIDS WEST SUBDIVISION A RESLIKKVISIONCIF AM OF LCIT4AND A FOETON OF_91­5,RM I OF_O�T RAPIDS aMMSK)N. .V=TED IN A PORTKYN OF THE NOMEAST V4 OF SECTI(M Z7,TUVOISHIP 4 NGRFK RANGE I WIM,BCISE MMEN AN,CITY OF MERI DAR AM CXRM.IDAM ZGZ2 W.Uimk� (20JZ6) ----------- ---------- LEGIEM �,I' E- ­E. -IT FQ­ -0 w') UIE ­1­U.E E -------JA ­.25' _'.0. SLWVEV MUMME NOFFIES ­1. ­E. ­1 I­­ 11, E T�. H7,. w 1.IWC� r-n- N­IF—.L­IG 1�­K F"E N­N A IF­1 Z­ -1 11.-1 1 1 ­-11T PI W. IF 1 1..-"�_._'T.—, _..1. —.1 .C THE­ E­lh� A— ­I F­ ­­­T­ F I I 1. 1­ TO —h 11E-- R Page 3 B. Existing Approved Landscape Plan(dated: 4/22/19) 7TI- g a M W CD ----------------!�-- --------------- - - kim M-1- Page 4 V11. CITY/AGENCY COMMENTS&CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall comply with all previous conditions of approval associated with this development: H-2018-0004 (AZ,PP,VAR; DA Inst. #2018-079970)and H-2019-0056 (FP). 2. If the City Engineer's signature has not been obtained within two(2)years of the City Council's approval of the short plat,the short plat shall become null and void unless a time extension is obtained,per UDC 11-613-7. 3. The short plat prepared by KM Engineering on 8/25/2022 by Kelly Kehrer, included in Section VI.A shall be revised as follows: a. Reference R.2—Include the recorded instrument number of the Record of Survey prior to recordation of the plat. b. Include a new note: "Minimum building setback lines shall conform to the applicable zoning regulations of the City of Meridian at the time of issuance of a building permit." c. Include a new note: "Any re-subdivision of this plat shall comply with the applicable zoning regulations of the City of Meridian in effect at the time of re-subdivision." d. Include a new note: "Lots shall not be reduced in size without prior approval from the health authority and the City of Meridian." e. Include a new note: "The bottom of structural footings shall be set a minimum of 12- inches above the highest established normal ground water elevation." f. Include a new note: "Direct lot access via W. Chinden Blvd. is prohibited." 4. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals noted above does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions of Approval 1. Commercial lots require 6-inch sewer service line 2. Ensure no sewer services pass through infiltration trenches 3. A reimbursement agreement will be required for the development of this property in the amount of$16,930.00 for the cost of the(2) streetlights along Chinden Blvd. that were installed by the city. 4. Construction plans show new sewer service to Lot 2, but not a water service. Water services cannot cross lot lines, if new water service is required, easement over that water service including the meter must be shown and obtained. General Conditions: I. 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. 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. Page 5 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC I I-3B-1 4A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC I I-I 4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or Page 6 drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public—works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 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 signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-313-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC I I-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 7 VIII. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as Commercial and the current zoning district of the site is C-G. Staff finds the proposed short plat complies with the short plat standards listed in UDC 11-6B-5. Future development should comply with the dimensional standards for the C-G district listed in UDC Table I I-2B-3. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services will be provided and are adequate to serve the proposed lots. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Staff finds all required utilities will be provided with lot development at the developer's expense. D. There is public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services as services are already being provided in this area. E. The development will not be detrimental to the public health, safety or general welfare; and Staff finds the proposed development will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. Staff is not aware of any significant natural, scenic or historic features associated with short platting the structure on this site. Page 8 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll Lost Rapids WestNovember 9, 2022City of MeridianShort Plat Proposed Development PlanProject Location & Information Proposed Development PlanConcept Plan Proposed Development PlanStaff Report Proposed Development PlanThank You E IDIAN AGENDA ITEM ITEM TOPIC: Public Hearing and Second Reading of Ordinance 22-2002: An Ordinance Amending Meridian City Code Section 6-2-1 Adding Definitions of Animal Control Agency, Animal Control Officer, Animal Control Shelter, At-Risk Dog, Bite, Dangerous Dog, Euthanasia, Justified Provocation, Physically Attack, Provoke, and Serious Injury, and Deleting Definition of Vicious Dog; Amending Meridian City Code Section 6-2-2, Regarding Animal Control Officers, City Animal Shelter, and Animal Control Agency; Repealing and Replacing Meridian City Code Section 6-2-6, Regarding Designation and Management of Dangerous or At-Risk Dogs; Amending Meridian City Code Section 6-2-8(P), Regarding Failure to Comply With Provisions Regarding Dangerous and At- Risk Dogs; Repealing Any Conflicting Ordinances; and Providing an Effective Date Second Reading PUBLIC HEARING SIGN IN SHEET DATE: November 9, 2022 ITEM # ON AGENDA: 18 PROJECT NAME: Second Reading of Ordinance 22-2002 Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name i CAA o Dom- , U r c i 3 4 5 6 7 8 9 10 11 12 13 14 CITY OF MERIDIAN ORDINANCE NO. 22-2002 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 6-2-1 ADDING DEFINITIONS OF ANIMAL CONTROL AGENCY, ANIMAL CONTROL OFFICER, ANIMAL CONTROL SHELTER, AT-RISK DOG, BITE, DANGEROUS DOG, EUTHANASIA, JUSTIFIED PROVOCATION, PHYSICALLY ATTACK, PROVOKE, AND SERIOUS INJURY, AND DELETING DEFINITION OF VICIOUS DOG; AMENDING MERIDIAN CITY CODE SECTION 6-2-2, REGARDING ANIMAL CONTROL OFFICERS, CITY ANIMAL SHELTER, AND ANIMAL CONTROL AGENCY; REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 6-2-6, REGARDING DESIGNATION AND MANAGEMENT OF DANGEROUS OR AT-RISK DOGS; AMENDING MERIDIAN CITY CODE SECTION 6-2-8(P), REGARDING FAILURE TO COMPLY WITH PROVISIONS REGARDING DANGEROUS AND AT- RISK DOGS; REPEALING ANY CONFLICTING ORDINANCES;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Meridian finds that the following ordinance will serve the public health, safety, and welfare of the people of Meridian; NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,ADA COUNTY, IDAHO: Section 1. That Meridian City Code 6-2-1 shall be amended as follows: Definitions. As used in this chapter, the following terms shall be defined as in this section provided: 1. Abandoned animal means an animal that is impounded in accordance with the provisions of this chapter, and is. A. Suffering from serious injury, rabies, or other serious disease; B. Not wearing a legible license when it is impounded; C. Voluntarily relinquished by its owner; or D. Not reclaimed by its owner after five (5)working days of such impoundment, except that such time shall be tolled where the dog owner appeals a declaration that the dog is avieietts dog an At-Risk or Dangerous Dog. 2. Animal means any member of the animal kingdom, except members of the human race. 3. Animal Control Aaency means an organization or agency designated and duly authorized by Meridian Ci1y Council to enforce the provisions of this chapter. 4. Animal Control Officer means �Lny individual authorized by the Ci1y, by the Animal Control Agency, or by law to enforce the provisions of this chgpter. ANIMAL CONTROL ORDINANCE PAGE 1 5. Animal Shelter means an animal control facility designated by the City or the Animal Control Agency as the location for the iMpounding of animals. 6.A t-Risk DQg means any dog that: A. Without justified provocation bites or physically attacks a person without causing serious injM, as defined in this Chgpter; o B. Without justified provocation and while at-large has killed, inflicted injm, o otherwise caused injM to a domestic animal by attacking a domestic animal not on the real property of the owner of the attacking dog. C. Has previously been found to be an At-Risk dog pursuant to the Idaho Code or a substantially conforming ordinance or statute from foreign jurisdiction. 7. Bite or Bitten means the skin of an individual has been broken or penetrated by an animal's teeth in an act of aaaression, attack or defense. 00,animal shelter means the pr-imm=y leea4ioa at whieh animals shall be impetinded in aeear-danee with the P . . f this ehapter, as designated by the Chief of Poliee. 8. Cruelty to animals means the intentional and malicious infliction of pain, physical suffering, injury or death upon an animal, including, but not limited to. A. Depriving of or failing to provide an animal with adequate food, water, shelter, and/or essential veterinary care. B. Leaving an animal in one's possession, custody, control, or care unattended for more than thirty-six (36)hours. C. Maliciously or cruelly killing, maiming, wounding, beating, mutilating, torturing, tormenting, overworking, or otherwise abusing any animal. D. Allowing, arranging, or instigating a fight between two (2) animals, or training one (1) or more animals to fight other animals. E. Making accessible to any animal, by any means, with intent to cause harm or death, any substance that is poisonous, or that has, in any manner, been treated or prepared with any harmful or poisonous substance, except that this definition shall not include the lawful use of poisonous substances for the control of rodents and/or insects in furtherance of the public health; nor shall this definition include the lawful use of poisonous substances by a veterinarian or animal control officer for the purposes of euthanizing an animal. 9.Dangerous DQg means any dog that: A. Without justified provocation has inflicted serious injM on a person; B. Has previously been found to be At-Risk and thereafter bites or physically attacks person without justified provocation, with or without causing a serious injm; C. Has previously been found to be a Dangerous dog pursuant to Idaho Code or a substantially conforming ordinance or statute from a foreign jurisdiction; or D. Has previously been found to be At-Risk and thereafter inflicts injm to a domestic ANIMAL CONTROL ORDINANCE PAGE 2 animal not on the real property of the owner of the dog. 10.Dog means any male or female member of the canine family. 11. Euthanasia means a procedure in which an animal is humanely killed by a method that is painless to the animal and causing unconsciousness and death. 12.Impound means to deliver a seized animal to the city animal shelter. 13.Justifled Provocation means to perform any act or omission that a reasonable person with common knowledge of dog behavior would conclude is likely to precipitate a bite or attack by an ordinary dog. Justified Provocation includes, but is not limited to, the following: A. The dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault; B. The person who was bitten or attacked was committing a crime or offense Lipon the property of the owner or custodian of the dog; C. The person who was bitten or attacked was willfully tormenting, abusing o assaulting the dog, or had done so in the past; D. The dog was responding to immediate pain or injury or protecting its offsprinng! E. The dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injujY sustained was to a person who was interfering with the dog while the dog was working in a place where it was lawfully engaged in such activity; or F. The person was intervening between two (2) or more animals engaged in aggressive behavior or fighting, unless one or both of the animals is at large. 14.Livestock means domesticated animals, traditionally kept for use or profit, which are housed outdoors and/or in outdoor enclosures such as pens, barns, barnyards, pastures, corrals, coops, sties, stables, or paddock areas. Livestock shall include, but is not limited to-. horses, donkeys, mules, cattle, llamas, alpacas, swine, sheep, goats, rabbits,poultry, and/or domesticated birds, exeept that this definition shall not inelude including chicken hens and roosters. 15. Own means to be the owner thereof; or to keep, harbor, or possess; or to accept or maintain custody, control, or care thereof. 16. Owner means any person owning, keeping, harboring, or possessing an animal, or accepting or maintaining custody, control, or care of an animal. 17.Physicall y attack means an aggressive action Lipon a person by a dog in which there is physical contact between the dog and the person. 18.Provoke means a person performing an act or omission that an ordina!y and reasonable person would conclude is likely to precipitate dog aggression in the form of a bite or attack. 19. Seize means to take custody of an animal ANIMAL CONTROL ORDINANCE PAGE 3 20. Serious Iniug means an injM to a]2erson characterized by bruising, laceration, or other injM that would cause a reasonably prudent i2erson to seek treatment from a medical professional without regard to whether the person actually sought medical treatment. 2 1. Veterinarian means a doctor licensed to practice veterinary medicine in the State of Idaho. Vicious Dog means a deg deelar-ed by the animal eepArol effieer-to be a vieious do Section 2. That Meridian City Code 6-2-2 shall be amended as follows: 6-2-2: Animal control officers; city animal shelter-, animal control agency. A.Animal Control Agency. City Council shall qppoint an Animal Control Agency and authorize same to enforce the provisions of this choter. A-. B.Animal control officers. The Chief of Police or the duly qppointed animal control aggpcy shall appoint eiie (1) er-m animal control effieer(s) officers who shall, under the direction of the Chief of Police, or the animal control agencL have the authority to enforce the provisions of this chapter. Additionally, the-animal control officers shall be authorized to. 1. Seize and impound animals that are at large and unattended in city limits. 2. Seize, impound, and euthanize animals in accordance with the provisions of this chapter. 3. Remove and properly dispose of the carcass of any dead animal found in any public place. 4. Declare that an animal is abandoned. 5. Decide whether an abandoned animal shall be euthanized or made available for adoption. 6. Declare that a dog is a vieietts Dangerous or At-Risk dog. 7. Seize and impound vieieus Dangerous or At-Risk dogs in accordance with the provisions of this chapter, and euthanize same as authorized by this chapter. 8. Issue uniform citations for violations of this chapter. The notice of ordinance violation mqy be signed by any person witnessing a violation as well as the witnessing Animal Control Officer whose name shall be affixed on the notice of ordinance violation. B-. C. City animal shelter. The Chief of Pokee City shall designate a city animal shelter. Such animal shelter shall provide adequate physical accommodations, materials, and staffing to provide basic housing, feeding, watering, vaccination, and supervision of animals impounded therein. Section 3. That Meridian City Code section 6-2-6 shall be repealed and replaced with language to read as follows: 6-2-6. -Designation and Management of Dangerous or At-Risk Dogs: A. Purpose. Dangerous and At-Risk dogs found within the boundaries of the City of Meridian present a risk to the health, safety, and welfare of persons and other animals. ANIMAL CONTROL ORDINANCE PAGE 4 The purpose of this section is to provide policies and procedures for the safe management of Dangerous and At-Risk dogs to promote the public health, safety, and welfare, while also promoting the humane and ethical treatment of animals. B. Procedurefor Designating a Dog as Dangerous or At-Risk. I. If an Animal Control Officer has probable cause to believe a dog is Dangerous or At-Risk, as those terms are defined in this Chapter, the officer shall have authority to designate the dog as Dangerous or At-Risk and shall serve a written Notice of Designation on the owner of the dog. An Animal Control Officer shall have authority to designate an animal regardless of whether or not an owner has been charged with a crime. The Notice of Designation shall: a. Be personally served on the owner by an Animal Control Officer or other authorized person, or mailed to the owner via U.S. Mail. b. Identify whether the dog is being designated as Dangerous or At-Risk; c. Identify the date on which the officer determined the dog to be Dangerous or At-Risk; d. Provide a description of the factual circumstances and events that support the officer's decision to designate the dog as Dangerous or At-Risk; e. Provide a clear description or photograph of the dog; f. Provide notice that the owner may appeal the officer's decision to designate the animal as Dangerous or At-Risk, describe the appeal process as set forth in this chapter and explain that if the owner chooses to appeal the officer's decision, the owner shall be responsible for any fees associated with boarding and caring for the dog during the time the petition and any additional proceedings are pending, as well as any fees associated with processing and considering the appeal,pursuant to the fee schedule of the Animal Control Agency; g. Provide notice that the officer's designation decision shall become final after ten (10)business days if the owner fails to appeal the Notice of Designation; h. Provide notice that the owner of a dog designated as At-Risk or Dangerous may either keep the dog in their possession and be subject to the restrictions the Animal Control Agency puts in place for the keeping of such dog, or may voluntarily relinquish custody of a dog to the Animal Control Agency; and i. Provide notice that a dog voluntarily relinquished to, or seized by, the Animal Control Agency pursuant to this section may be adoption or euthanasia, in the sole discretion of the Animal Control Agency. 2. No dog may be designated as Dangerous or At-Risk when, at the time an injury or damage was sustained, the precipitating cause constituted justified provocation, as defined in this chapter. 3. An Animal Control Officer has the authority to seize and impound a dog that has been determined, by an Animal Control Officer, to be a Dangerous dog. Where the officer chooses to leave the dog in the owner's custody and care, based upon the owner's express willingness to comply with requirements and restrictions for keeping such dogs as set forth herein, the officer shall provide notice to the owner ANIMAL CONTROL ORDINANCE PAGE 5 of the requirements and restrictions for keeping At-Risk dogs as provided in this section. 4. When an Animal Control Officer designates a dog as At-Risk the Animal Control Officer shall have authority,but is not required, to seize and impound the dog. Where the officer chooses to leave the dog in the owner's custody and care, based upon the owner's express willingness to comply with requirements and restrictions for keeping such dogs as set forth herein, the officer shall provide notice to the owner of the requirements and restrictions for keeping At-Risk dogs as provided in this section. C. Appeal. An affected person, shall have a right to appeal an Animal Control Officer's decision to designate a dog as Dangerous or At-Risk. These appeal procedures shall not apply to the appeal of criminal charges that may be imposed under this section. I. The dog owner may file an appeal with the director of the Animal Control Agency. 2. The appeal must be in writing, must be accompanied by the fee for processing such appeal per the Animal Control Agency's fee schedule, and must be received by the director within ten (10)business days of the mailing of notice or service of the Notice of Designation. 3. The written appeal shall briefly set forth the factual or legal basis for disputing the designation. 4. Upon receipt of the appeal, the director shall schedule the matter for a hearing to be held no sooner than fourteen(14) days, nor longer than twenty(2 1) days from the date of receipt of the petition. 5. The director shall provide the dog owner notice of date, time, and location of the hearing by sending the written notice via U.S. Mail. If the owner is unavailable on the scheduled date, the owner and director may continue the hearing to a mutually agreed upon date within fourteen (14) days of the original hearing date. 6. The director, or the director's designee, shall act as a hearing officer at the scheduled hearing. The hearing may be held in person or conducted telephonically at the discretion of the director. At this hearing, the owner shall have the opportunity to present argument and evidence to the hearing officer to refute the designation. The animal control officer who made the enforcement decision shall attend the hearing to offer argument or evidence in support of the enforcement decision. 7. After considering the argument and evidence presented, the hearing officer shall enter a decision either sustaining or vacating the designation, which decision shall be supported by a preponderance of the evidence. The decision shall be written and sent to the petitioner via U.S. mail no later than(7) days after the hearing. 8. Failure by the owner to attend the hearing shall constitute waiver of their appeal, and the designation shall be considered the final decision of the animal control agency. 9. The animal control agency is authorized to adopt and collect a fee to recover costs associated with processing and considering the appeal. 10. The owner shall be responsible for any fees associated with boarding and caring for the dog during the time the appeal and any additional proceedings are pending. ANIMAL CONTROL ORDINANCE PAGE 6 D. Keeping Dangerous Dogs. The owner of a dog designated as Dangerous, or a new adoptive owner of a dog designated as Dangerous prior to being adopted, shall comply with the following restrictions for the keeping of such dog within the boundaries of the City of Meridian: I. The owner shall license the dog as required by this Chapter. 2. The dog shall be registered with the Animal Control Agency as a Dangerous Dog. 3. The owner shall have a microchip implanted in the dog that allows for identification of the animal and shall report the microchip number to the Animal Control Agency. 4. The owner shall be required to procure and maintain dog liability insurance or other insurance policy of not less than one hundred fifty thousand dollars ($150,000) for a dog that is designated as Dangerous based on an attack or injury inflicted on any person, and/or dog liability insurance or other insurance policy in the amount of twenty thousand dollars ($20,000) in the case of a dog that is designated as Dangerous based solely on attacks or injuries inflicted on another animal. Such insurance policy shall cover any and all damage or injury that may be caused by such Dangerous dog, and shall be in place for the life of the dog. The City of Meridian shall be named as an additional insured party on this policy for the purpose that the City will be notified by the insurance company if the policy is cancelled, terminated, or otherwise expires. 5. The dog shall be contained within a secure enclosure on the owner's property; this enclosure may be a fence, kennel, or other adequate means of containing the animal to the owner's property. The Animal Control Agency shall be permitted to inspect such enclosure annually, and if the enclosure is found to be defective or inadequate, an Animal Control Officer may seize and impound the dog until the enclosure is found to be adequate. 6. The owner shall be required to post signs on their property that announce to other persons that there is a Dangerous dog on the property. Such signs must be placed at any and all potential entrance points to the yard and home (such as at gates, doors, and on the enclosure where the dog is kept), and must include words indicating the presence of a"vicious" or"Dangerous" dog. A sign merely stating "Beware of Dog,"without also identifying the dog to be "vicious," or "Dangerous," shall be insufficient. 7. In the event the owner takes the dog off the owtier's property, at all times, the owner shall keep the dog on a leash no greater than three (3) feet in length, and the dog shall also be required to wear a muzzle. The leash must be of adequate strength to restrain the dog, and the person holding the leash must be physically capable of restraining and controlling the dog. The owner shall not allow the dog to be off leash within the City of Meridian, including in any areas designated as off leash areas. The owner shall ensure that the dog does not have physical contact with any other dog or person other than the owner or immediate family of the owner when off the property of the owner. 8. The owner shall spay or neuter the dog. 9. The owner shall schedule and obtain annual inspections of the dog and the enclosure by the Animal Control Agency. ANIMAL CONTROL ORDINANCE PAGE 7 10. The owner shall receive a copy of these restrictions, and sign an agreement to comply with these restrictions for the keeping of Dangerous Dogs within the boundaries of the City of Meridian. E. Keeping At-Risk Dogs. The owner of a dog designated as At-Risk, or anew adoptive owner of a dog designated as At-Risk prior to being adopted, shall be subject to the following restrictions for the keeping of such dog within the boundaries of the City of Meridian: I. The owner shall license the dog as required by this chapter; 2. The owner shall have a microchip implanted in the dog that allows for identification of the animal and shall report the microchip number to the Animal Control Agency; 3. The dog shall be contained within an enclosure on the owner's property; this enclosure may be a fence, kennel, or other adequate means of containing the animal to the owner's property. The Animal Control Agency shall be permitted to inspect such enclosure, and if the enclosure is found to be defective or inadequate by the agency the owner shall not be permitted to keep the dog until the enclosure improved as requested by the Animal Control Agency. Therefore, the dog may be impounded until the enclosure is repaired or improved. Failure to improve the enclosure shall result in the inability of the owner to keep the At-Risk or Dangerous dog; 4. In the event the owner takes the dog off their property, the dog shall be on a leash no greater than six (6) feet in length. Further the leash must be of adequate strength to restrain the dog, and the person holding the leash must be physically capable of restraining and controlling the dog; the dog must not be allowed to be off leash within City limits including any areas designated as off leash areas, the dog shall not be kept at dog care facilities where dogs are kept in group off leash housing. The owner or custodian of the dog shall ensure that the dog is not allowed to have physical contact with any other dog or person other than the keeper, custodian or immediate family of the owner when off the property of the owner. F. Noncompliance; seizure of dog. In addition to any criminal penalties, failure to comply with any of the restrictions in section(C) or(D) above may result in the dog being immediately seized and impounded. An owner is permitted to redeem the animal from impound so long as the owner comes into compliance with the provisions of section(C) or(D), whichever is applicable, within ten (10) days of the dog being seized. If the owner fails to come into compliance with the provisions of the applicable section(C) or(D) within ten(10) days of the dog being seized, the Animal Control Agency may place the dog up for adoption or euthanize the dog, in accordance with the adoption or euthanasia provisions set forth in this Chapter. G. Transfer of ownership ofAt-Risk or Dangerous Dogs: If an owner of an At-Risk or Dangerous dog transfers ownership of the dog to another person, the original owner shall be obligated to notify the new owner of the designation. Further, the original owner shall be obligated to notify the City of the transfer of ownership of the animal, and provide to the Animal Control Agency the name, physical address, and telephone number of the new ANIMAL CONTROL ORDINANCE PAGE 8 owner of the dog. The new owner shall comply with the requirements set forth in this section for keeping At-Risk or Dangerous dogs. H. Disposition ofDogs Designated as Dangerous or At-Risk. I. In the event a dog designated as Dangerous again, while unprovoked, physically attacks a person, or a domestic animal, such dog shall be subject to immediate impounding by the Animal Control Agency. If the designation is not appealed to the Animal Control Agency or upheld on appeal the dog shall be humanely euthanized as expeditiously as reasonably possible. Such second attack need not cause serious injury for this provision to apply. 2. Where a Dangerous or At-Risk dog is voluntarily relinquished to the Animal Control Agency by the owner, or where the owner does not redeem the dog from impound within the timelines set forth in this Chapter, the Animal Control Agency shall be permitted to place the dog for adoption if, in agency's judgment, the dog can be safely adopted to a new home. Where the agency concludes the dog cannot be safely adopted, the agency shall humanely euthanize such animal. 3. If the Animal Control Agency chooses to place for adoption a dog currently or previously designated as Dangerous or At-Risk, the Animal Control Agency shall provide written notice to the person(s) adopting the dog of its current or previous designation. Prior to approving the adoption, the agency shall obtain a written signed waiver from the adopting person(s) indicating they are aware of the dog's designation. Further, where the designation is currently in place and not expired or vacated, the Animal Control Agency shall notify the person(s) adopting the animal of the restrictions placed on an owner of such animal provided for in Meridian City Code §§ 6-2-6 (C) or (D), and the owner shall comply with these restrictions. The agency shall obtain a written signed waiver from the adopting person(s) indicating they are aware of the dog's designation. 4. The Animal Control Agency, in its sole discretion, shall be authorized to deny a request to adopt a Dangerous or At-Risk dog. The agency's decision to deny an adoption request under this provision is not subject to appeal. 5. The Animal Control Agency shall keep records of dogs designated as Dangerous or At-Risk. The records kept shall include, without limitation, information identifying the dog (including name, breed, color and markings description, microchip number, and gender), the date of the Notice of Designation, and the name and contact information for the current owner of such dog. 1. Expiration or cancellation ofAt-Risk designation. The designation as an At-Risk dog shall expire twenty-four(24) months after the Notice of Designation is served on the current or previous owner,provided the dog has not committed an act during that twenty- four(24)month period that would constitute grounds to designate the dog as Dangerous or again designate the dog as At-Risk. J. Owner to payfees. The owner of a dog impounded under any provision of this section shall be liable to the Animal Control Agency for fees and costs associated with boarding and caring for the animal until the animal is redeemed from impound, adopted, or euthanized, except where the animal was voluntary relinquished to the Animal Control Agency. K. Noncompliance. An owner of a dog who violates or fails to comply with any provision of Meridian City Code section 6-2-6 shall be guilty of a misdemeanor. ANIMAL CONTROL ORDINANCE PAGE 9 L. Exceptions. No dog owned, maintained, or kept for work as a law enforcement dog, either currently or retired, may be declared Dangerous or At-Risk if the action that would be so defined by this definition took place while the dog was acting within its capacity for law enforcement purposes. Section 4. That Meridian City Code section 6-2-8(P) shall be amended as follows: P. AW4ering+4eieus-dog� It shall be unlawful for any person to violate or fail to comply with the provisions of Meridian City Code section 6-2-6.40 as dog in the City of Meridian more than fetifteen (14) days following the en"of a final decision that the dog is a vieieus dog. Fourteen (14) days following the en+r-y of a final deeision that the dog is a vieious dog, sueh dog may be eonsider-ed to een4faband, and may be seized pufstiant to warfant and euthanized. A violation of this subsection shall constitute a misdemeanor. Additionally, :-;tion, the eetH4 ma 9 ­­� atither-ize the animal eantr-ol offieer t ze, J—pound-, and/or-euthanize the dot, gi t, rise to the vielation. Section 5. That all City of Meridian ordinances, or resolutions, or parts thereof,which are in conflict herewith, are hereby repealed. Section 6. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of 52022. APPROVED by the Mayor of the City of Meridian, Idaho, this_day of 2022. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk CERTIFICATION OF SUMMARY: William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. ANIMAL CONTROL ORDINANCE PAGE 10 William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 22 - An ordinance amending Meridian City Code section 6-2-1, adding definitions of animal control agency, animal control officer, animal control shelter, At-Risk dog, bite, Dangerous dog, euthanasia,justified provocation,physically attack, provoke, and serious injury, and deleting definition of vicious dog; amending Meridian City Code section 6-2-2, regarding Animal Control Officers, City animal shelter, and Animal Control Agency; repealing and replacing Meridian City Code section 6-2-6, regarding designation and management of Dangerous or At-Risk dogs; amending Meridian City Code section 6-2-8(P), regarding failure to comply with provisions regarding Dangerous and At-Risk dogs; repealing any conflicting ordinances; and providing an effective date. ANIMAL CONTROL ORDINANCE PAGE I I E IDIAN AGENDA ITEM ITEM TOPIC: First Reading of Ordinance No. 22-2004: An Ordinance Accepting the 2022 Development Impact Fees Study, Adopting an Amended Capital Improvements Plan; Repealing and Replacing Meridian City Code Section 10-7-12(E)(2) Concerning Development Impact Fees; Voiding Conflicting Ordinances, Resolutions, and Orders; and Providing an Effective Date First Reading L CITY OF MERIDIAN ORDINANCE NO. 22-2004 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE ACCEPTING THE 2022 DEVELOPMENT IMPACT FEES STUDY; ADOPTING AN AMENDED CAPITAL IMPROVEMENTS PLAN; REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 10-7-12(E)(2) CONCERNING DEVELOPMENT IMPACT FEES; VOIDING CONFLICTING ORDINANCES, RESOLUTIONS,AND ORDERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,pursuant to the Idaho Development Impact Fee Act, the City of Meridian ("City")has established fire impact fees, police impact fees, and park and recreation impact fees ("Impact Fees")to fund certain public facilities needed to serve new growth and development; and, WHEREAS,the City retained DP Guthrie LLC ("Consultant") to prepare a study to evaluate the need to update the Impact Fees in accordance with the Idaho Development Impact Fee Act; and, WHEREAS,the Consultant prepared the 2022 Development Impact Fees Study ("Study"), attached hereto as Exhibit A,which includes an amended capital improvements plan ("Capital Improvements Plan"); and, WHEREAS,the Study and amended Capital Improvements Plan fully comply with the requirements set forth in the Idaho Development Impact Fee Act; and, WHEREAS,the City of Meridian Impact Fee Advisory Committee ("Committee"), pursuant to Meridian City Code section 10-7-11, considered the Study, amended Capital Improvements Plan, and updated Impact Fees; and, WHEREAS,the Committee recommended that the City Council accept the Study, adopt the amended Capital Improvements Plan, and implement the updated Impact Fees; and, WHEREAS,the City Council held a public hearing on November 9, 2022, to consider the Study, the amended Capital Improvements Plan, and an ordinance authorizing updates to the Impact Fees; and, WHEREAS,the City Council found that the Study and amended Capital Improvements Plan fully comply with the requirements and processes set forth in the Idaho Development Impact Fee Act; and, WHEREAS,the City Council found that the recommended updates to the Impact Fees fully comply with the requirements and processes set forth in the Idaho Development Impact Fee Act; 2022 DEVELOPMENT IMPACT FEES ORDINANCE PAGE I NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the foregoing recitals are hereby affirmed and incorporated herein as findings of the City Council. Section 2. That the Study is hereby accepted. Section 3. That the amended Capital Improvements Plan, as set forth in the Study, is hereby adopted. Section 4. That Meridian City Code section 10-7-12(E)(2) shall be repealed and replaced in its entirety as follows: 2. Except for such impact fee as may be calculated,paid, and accepted pursuant to an independent impact fee calculation study, the amount of each impact fee shall be as follows. Impact Fee Schedule Effective February 1, 2023 Residential Square Feet of Climate- Park and Police Fire Total Fees Controlled Floor Area Per Recreation Facilities Facilities Individual Dwelling Unit Facilities 1,200 or less $1,946.00 $190.00 $470.00 $2,606.00 1,201 to 1,700 $3,006.00 $294.00 $726.00 $4,026.00 1,701 to 2,500 $4,119.00 $402.00 $995.00 $5,516.00 2,501 to 3,200 $4,935.00 $482.00 $1,192.00 $6,609.00 3,201 or more $5,544.00 —r$542.00 $1,339.00 $7,425.00 For a building with more than one dwelling unit, the floor area per individual dwelling unit shall be calculated by dividing the total elimate-eontrolled floor area of the building, less ancillary building space,by the total number of dwelling units in the building. Ancillary floor area includes community rooms, fitness centers, management offices, and maintenance areas. 2022 DEVELOPMENT IMPACT FEES ORDINANCE PAGE 2 Nonresidential Per Square Foot of Building Park and Recreation Police Fire Total Facilities Facilities Facilities Fees Commercial (includes all $0.00 $1.23 $2.52 buildings in a shopping center; all stand-alone retail buildings; and all restaurants and bars) All Other $0.00 $0.19 $0.96 $1.15 Section 5. That all ordinances, resolutions, orders, or parts thereof in conflict with this ordinance are hereby voided. Section 6. That the effective date of this ordinance shall be February 1, 2023, which shall be no sooner than thirty(30) days after its adoption and publication. PASSED by the City Council of the City of Meridian, Idaho, this_day of 92022. APPROVED by the Mayor of the City of Meridian, Idaho, this_day of 12022. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk 2022 DEVELOPMENT IMPACT FEES ORDINANCE PAGE 3 STATEMENT OF MERIDIAN CITY ATTORNEY CONCERNING THE SUMMARY OF ORDINANCE NO. 22-2004 The undersigned, William L.M.Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and provides adequate notice to the public. DATED this day of_, 2022. William L.M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 22-2004 An ordinance accepting the 2022 Development Impact Fees Study; adopting an amended capital improvements plan;repealing and replacing Meridian City Code section 10-7-12(E)(2)concerning development impact fees; voiding conflicting ordinances and resolutions; and providing an effective date of February 1, 2023. The full text of the ordinance is available in the City Clerk's Office at Meridian City Hall, 33 E. Broadway Ave., Meridian, Idaho. Impact Fee Schedule Effective February 1, 2023 Residential Square Feet of Climate- Park and Police Fire Total Fees Controlled Floor Area Per Recreation Facilities Facilities Individual Dwelling Unit Facilities 1,200 or less $1,946.00 $190.00 $470.00 $2,606.00 1,201 to 1,700 $3,006.00 $294.00 $726.00 $4,026.00 1,701 to 2,500 $4,119.00 $402.00 $995.00 $5,516.00 2,501 to 3,200 $4,935.00 $482.00 $1,192.00 $6,609.00 3,201 or more $5,544.00 $542.00 $1,339.00 $7,425.00 For a building with more than one dwelling unit, the floor area per individual dwelling unit shall be calculated by dividing the total climate-controlled floor area of the building, less ancillary building space,by the total number of dwelling units in the building. Ancillary floor area includes community rooms, fitness centers, management offices, and maintenance areas. 2022 DEVELOPMENT IMPACT FEES ORDINANCE PAGE 4 Nonresidential Per Square Foot of Building Park and Recreation Police Fire Total Facilities Facilities Facilities Fees Commercial (includes all $0.00 $1.23 $1.29 $2.52 buildings in a shopping center; all stand-alone retail buildings; and all restaurants and bars) All Other $0.00 $0.19 $0.96 $1.15 2022 DEVELOPMENT IMPACT FEES ORDINANCE PAGE 5 EXHIBIT A 2022 DEVELOPMENT IMPACT FEES STUDY 2022 DEVELOPMENT IMPACT FEES ORDINANCE PAGE 6 E IDIAN 1 D 0 !AH V Development Impact Fees Study prepared by DP Guthrie LLC September 16, 2022 September 16, 2022 Mr.Todd Lavoie Chief Financial Officer City of Meridian 33 E Broadway Ave Meridian, Idaho 83642 Subject: Development Impact Fees Report Dear Mr. Lavoie, DP Guthrie LLC is pleased to provide the 2022 development impact fee update for the City of Meridian. After collaborating with staff and receiving input from the Impact Fee Advisory Committee,this draft report summarizes key findings and recommendations related to the growth cost of capital improvements to be funded by development impact fees, along with the need for other revenue sources to ensure a financially feasible Comprehensive Financial Plan. It has been a pleasure working with you. Also, I am grateful to City staff for engaging with quality information and insight regarding best practices for the City of Meridian. Sincerely, Dwayne Guthrie, PhD,AICP DP Guthrie LLC TABLE OF CONTENTS EXECUTIVESUMMARY.........................................................................................................................................................1 UNIQUE REQUIREMENTS OF THE IDAHO IMPACT FEE ACT.......................................................................................................................1 PROPOSEDIMPACT FEES..................................................................................................................................................................2 PARKS AND RECREATION IMPACT FEES................................................................................................................................4 PARKIMPROVEMENTS.....................................................................................................................................................................4 LANDFOR PARKS............................................................................................................................................................................6 RECREATIONBUILDINGS...................................................................................................................................................................8 REVENUE CREDIT EVALUATION..........................................................................................................................................................9 PROPOSED AND CURRENT IMPACT FEES..............................................................................................................................................9 FORECAST OF REVENUES FOR PARKS AND RECREATION ........................................................................................................................10 COMPREHENSIVE FINANCIAL PLAN FOR PARKS AND RECREATION...........................................................................................................11 POLICE IMPACT FEES.......................................................................................................................................................... 12 PROPORTIONATESHARE ................................................................................................................................................................12 EXCLUDEDCOSTS.........................................................................................................................................................................13 CURRENT USE AND AVAILABLE CAPACITY..........................................................................................................................................13 POLICE FACILITIES,SERVICE UNITS,AND STANDARDS...........................................................................................................................13 POLICE INFRASTRUCTURE NEEDS.....................................................................................................................................................15 REVENUE CREDIT EVALUATION........................................................................................................................................................15 POLICEDEVELOPMENT FEES...........................................................................................................................................................15 PROJECTED REVENUE FOR POLICE FACILITIES......................................................................................................................................17 COMPREHENSIVE FINANCIAL PLAN FOR POLICE...................................................................................................................................18 FIREIMPACT FEES.............................................................................................................................................................. 19 EXISTING STANDARDS FOR FIRE FACILITIES.........................................................................................................................................19 FIREINFRASTRUCTURE NEEDS.........................................................................................................................................................21 REVENUE CREDIT EVALUATION........................................................................................................................................................21 CURRENT AND PROPOSED FIRE IMPACT FEES.....................................................................................................................................22 PROJECTED REVENUE FOR FIRE FACILITIES.........................................................................................................................................24 COMPREHENSIVE FINANCIAL PLAN FOR FIRE FACILITIES........................................................................................................................25 FEE IMPLEMENTATION AND ADMINISTRATION..................................................................................................................26 COSTOF CFP PREPARATION...........................................................................................................................................................26 DEVELOPMENTCATEGORIES...........................................................................................................................................................26 CREDITS AND REIMBURSEMENTS.....................................................................................................................................................27 APPENDIX A: LAND USE ASSUMPTIONS.............................................................................................................................28 SERVICEAREAS............................................................................................................................................................................28 SUMMARY OF GROWTH INDICATORS................................................................................................................................................28 PROPORTIONATESHARE ................................................................................................................................................................29 RESIDENTIAL DEVELOPMENT AND PERSONS PER HOUSING UNIT............................................................................................................30 DEMAND INDICATORS By DWELLING SIZE..........................................................................................................................................31 JOBS AND NONRESIDENTIAL DEVELOPMENT.......................................................................................................................................34 APPENDIX B: CHANGES IN STANDARDS AND COST FACTORS.............................................................................................36 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Executive Summary Impact fees are one-time payments used to construct system improvements that serve multiple development projects or even the entire jurisdiction. By law, impact fees can only be used for capital improvements, not operating or maintenance costs. Impact fees are subject to legal standards that satisfy three key tests: need, benefit, and proportionality. • First, to justify a fee for public facilities, local government must demonstrate a need for capital improvements. • Second, new development must derive a benefit from the payment of the fees (i.e., in the form of public facilities constructed within a reasonable timeframe). • Third, the fee paid should not exceed a development's proportionate share of the capital cost. As documented in this report,the City of Meridian has complied with applicable legal precedents. Impact fees are proportionate and reasonably related to the capital improvement demands of new development, with the projects identified in this study taken from Meridian's Comprehensive Financial Plan (CFP). Specific costs have been identified using local data and current dollars. With input from City staff, DID Guthrie LLC determined service units for each type of infrastructure and calculated proportionate share factors to allocate costs by type of development. This report documents the formulas and input variables used to calculate the impact fees for each type of public facility. Impact fee methodologies also identify the extent to which new development is entitled to various types of credits to avoid potential double payment of growth-related capital costs. The Idaho Development Impact Fee Act (Idaho Code Title 67 Chapter 82) sets forth "an equitable program for planning and financing public facilities needed to serve new growth." The enabling legislation calls for three integrated products: 1) Land Use Assumptions (LUA)for at least 20 years, 2) Capital Improvements Plan, which the City of Meridian calls Comprehensive Financial Plan (CFP), and 3) Development Impact Fees (DIFs). The LUA(see Appendix A) uses population and housing unit projections provided by City staff. In addition,the CFP and DIF for fire and police facilities require demographic data on nonresidential development. This document includes nonresidential land use assumptions such as jobs and floor area within the City of Meridian, along with service units by residential size thresholds. The CFP and DIF are in the middle section of this report, organized by chapters pertaining to each public facility type (i.e., parks/recreation, police, and fire). Each chapter documents existing infrastructure standards, the projected need for improvements to accommodate new development,the updated DIF compared to current fees, revenue projections and funding strategy for growth-related infrastructure, and a CFP listing specific improvements to be completed by the City of Meridian. Unique Requirements of the Idaho Impact Fee Act The Idaho Development Impact Fee Act has several requirements not common in the enabling legislation of other states. This overview summarizes these unique requirements,which have been met by the City of Meridian, as documented in this study. First, as specified in 67-8204(2) of the Idaho Act, "development impact fees shall be calculated on the basis of levels of service for public facilities . . . applicable to existing development as well as DP Guthrie LLC 1 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT new growth and development." Second, Idaho requires a Capital Improvements Plan (aka CFP in Meridian) [see 67-8208]. The CFP requirements are summarized in this report, with more detailed information maintained by City staff responsible for each type of infrastructure funded by impact fees. Third,the Idaho Act states the cost per service unit (i.e., impact fee) may not exceed the cost of growth-related system improvements divided by the number of projected service units attributable to new development [see 67-8204(16)]. Fourth, Idaho requires a proportionate share determination [see 67-8207]. The City of Meridian has complied by considering various types of applicable credits that may reduce the capital costs attributable to new development. Fifth, Idaho requires a Development Impact Fee Advisory Committee established to: a) assist in adopting land use assumptions, b) review the CFP and file written comments, c) monitor and evaluate implementation of the CFP, d)file periodic reports on perceived inequities in implementing the plan or imposing DIFs, and e) advise the governmental entity of the need to update the LUA, CFP and DIF study. Proposed Impact Fees Figure 1 summarizes the methods and cost components used for each type of public facility in Meridian's 2022 impact fee study. City Council may change the proposed impact fees by eliminating infrastructure types, cost components, and/or specific capital improvements. If changes are made during the adoption process, DP Guthrie LLC will update the impact fee study to be consistent with legislative policy decisions. Figure 1: Proposed Fee Methods and Cost Components Type ofimpact Service Incremental Expansion CostAllocation Fee Area (current standards) Parks and Park Improvements, Recreation Citywide Land for Parks,and Residential Facilities Recreation Centers Functional Population and Inbound Vehicle Police Facilities Citywide Police Buildings Trips to Nonresidentia I Development Fire Buildings, Functional Fire Facilities Citywide Apparatus, Population Communications& anclJobs Equipment DP Guthrie LLC 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure 2 summarizes proposed 2022 impact fees for new development in the City of Meridian. As discussed in Appendix A, DIP Guthrie LLC recommends that residential fees be imposed by dwelling size, based on climate- controlled space. For a building with more than one residential unit, City staff will determine the average size threshold for the entire building by dividing total climate-controlled floor area, less ancillary building space, by the total number of dwellings in the building. Ancillary floor area includes community rooms,fitness centers, management offices, and maintenance areas. For nonresidential development, Commercial includes all buildings within a shopping center, plus stand-alone retail development and eating/drinking places (i.e., restaurants and bars). All Other includes industrial, warehousing, offices, business services, and personal services (i.e., every type of non-residential development not considered Commercial). Figure 2: Proposed Impact Fee Schedule Citywide Service Area Park and Police Fire Proposed Current Increase Proposed Recreation Facilities Facilities Total Total to Current Facilities (2022) (2019) Ratio Residential(perhousing unit)bySquare Feet of0imate-Controlled FloorArea 1200 or less $1,946 $190 $470 $2,606 $1,095 $1,511 2.38 1201 to 1700 $3,006 $294 $726 $4,026 $1,909 $2,117 2.11 1701 to 2500 $4,119 $402 $995 $5,516 $2,483 $3,033 2.22 2501 to 3200 $4,935 $482 $1,192 $6,609 $2,943, $3,666 2.25 3201 or more $5,544 $542 $1,339 1 $7,425 $3,4331 $3,992 1 Nonresidential(persquare foot ofbuilding) Commercial(Restaurant/Retail) $0.00 $1.23 $1.29 $2.52 $0.88 $1.64 2.86 All Other $0.00 $0.19 $0.96 $1.15 $0.46 $0.69 2.50 DP Guthrie LLC 3 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Parks and TRIU-creation Impact Fees The 2022 impact fee for parks and recreation facilities will enable Meridian to maintain current infrastructure standards for improved acres of parks, acquire additional land for future parks, and expand floor area of recreation buildings. All parks and recreation facilities included in the impact fees have a citywide service area. Cost components are allocated 100% percent to residential development. Park Improvements Citywide parks have active amenities, such as a soccer/football/baseball fields, basketball/volleyball courts, and playgrounds that will attract patrons from the entire service area. As shown in Figure PR1,the updated infrastructure standard is 2.66 acres per 1,000 residents based on Meridian's projected population in 2023 and completion of Phase 2 improvements to Discovery Park by the end of Fiscal Year 2023. Projected need for park improvements is shown at the bottom of Figure PR1. From 2023 through 2032, Meridian will improve 87 acres of parks, expected to cost approximately$35.76 million. DP Guthrie LLC 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure PR1: Improvements Standard and Need for Improved Acres Location ImprovedAcres Discovery Park 63.19 Julius M. Kleiner Park 58.20 Settlers Park 57.74 Heroes Park 30.13 Fuller Park 23.20 BearCreak Park 18.82 Tully Park 18.68 Storey Park&Bark Park 17.85 Gordon Harris Park 11.13 Hillsdale Park 9.54 Reta Huskey Park 8.92 Jabil Soccer Fields 8.40 Keith Bird Legacy Park 7.50 Seasons Park 7.13 Chateau Park 6.70 Renaissance Park 6.53 Champion Park 5.98 Heritage MS Ball Fields 5.60 8th Street Park 2.78 Meridian Pool Park 1.31 City Hall Plaza 0.90 Centennial Park 0.40 Generations Plaza 0.24 Tota 1 370.85 Allocation Factors for Parks I rn prov e rn e nts Cost pe r Acre $411,0 Residential Proportionate Share 1 Service Units Population in 2023 139,249 Infrastructure Standardsfor Park Improvements ImprovedAcres Residentia I(per person) 0.002661 Park Improvement Needs Year Population ImprovedAcres Base 2022 Yearl 2023 139,249 370.8 Year2 2024 145,028 386.2 Year3 2025 151,006 402.2 Year4 2026 154,310 411.0 Year5 2027 157,614 419.8 Year10 2032 1 171,9031 457.81 2023-2032 Increase 32,654 87.0 Growth Cost of Parks=> $35,757,000 DP Guthrie LLC 5 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Land for Parks In the 2019 study, land for additional parks was only 1%of the growth cost and no standard was documented. in the 2022 study, land for additional parks is 26%of the growth cost for parks & recreation. Additional land for parks is estimated to cost$150,000 per acre. City staff obtained supporting documentation for the land cost factor from local appraisals,with input from the DIF Advisory Committee. As shown in Figure PR2,the current infrastructure standard for park land is 3.14 acres per 1,000 residents. In comparison to inventory of improved parks,the table below includes the following changes: 1. Phase 3 acreage added to Discovery Park 2. Inserted West Regional Park site 3. Deleted Jabil Soccer Fields (not owned by Meridian) 4. Deleted Heritage Middle School Ballfields (not owned by Meridian) At the bottom of the table below is a needs analysis for park land. To maintain the current standard over the next ten years, Meridian will acquire 120.5 acres of land for future parks, which is expected to cost approximately $18.08 million. DP Guthrie LLC 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure PR2: Land Standard and Need for Park Sites Park Sites LandArea(acres) Discovery Park 77.69 Julius M. Kleiner Park 58.20 Settlers Park 57.74 West Regiona I Park 47.16 Heroes Park 30.13 Fuller Park 23.20 Bea r Crea k Pa rk 18.82 Tully Park 18.68 Storey Park&Bark Park 17.85 Gordon Harris Park 11.13 Hillsdale Park 9.54 Reta Huskey Park 8.92 Keith Bird Legacy Park 7.50 Seasons Park 7.13 Chateau Park 6.70 Renaissance Park 6.53 Champion Park 5.98 8th Street Park 2.78 Meridian Pool Park 1.31 City Hall Plaza 0.90 Centennial Park 0.40 Generations Plaza 0.24 Tota 1 418.51 Allocation Factors for Park Land Land Cost per Acre $150,000 Residential Proportionate Share 100% Service Units Population in 20221 133,470 Infrastructure Standards for Park Land Park Sites(acres) Residential(per person) 0.003141 Park Land Needs Year Population Park Sites(acres) Base 2022 133,470 418.5 Yearl 2023 139,249 436.6 Year2 2024 145,028 454.7 Year3 2025 151,006 473.5 Year4 2026 154,310 483.9 Year5 2027 157,614 494.2 Year 10 2032 1 171,9031 539.01 2022-2032 Increase 38,433 120.5 Growth Cost of additional Park Land=> $18,075,000 DP Guthrie LLC 7 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Recreation Buildings Figure PR3 lists floor area for parks and recreation buildings in 2022, including the maintenance shop, which is consistent with approach used for public safety facilities. As shown in their respective sections of this report,the building inventories for fire and police include support facilities for administration and training. City staff provided the cost estimate of$670 per square foot to construct future recreation buildings. The lower portion of the table below indicates projected service units over the next ten years. To maintain current standards, Meridian will need 22,827 additional square feet of recreation building space, expected to cost approximately$15.29 million. Figure PR3: Infrastructure Standards and Needs for Recreation Buildings Existing Buildings Square Feet Meridian Homecourt 51,303_ Parks Maintenance Shop(1700 E Lanark) 15,264_ Pool Building 8,505_ Meridian Community Center 4,200 Tota 1 79,272 Allocation Factorsfor Parks&Recreation Buildings Recreation Building Cost per Square Foot $670 Residential Proportionate Share 100% 2022 Meridian Population 133,470 Square Feet Residential(per person)F 0.59' Building Needs Year Population Square Feet Base 2022 133,470 79,272 Year 1 2023 139,249 82,704 Year2 2024 145,028 86,137 Year3 2025 151,006 89,687 Year4 2026 154,310 91,650 Year5 2027 157,614 93,612 Year6 2028 160,919 95,575 Year7 2029 164,223 97,537 Year8 2030 167,527 99,500 Year9 2031 169,715 100,799 Year 10 2032 1 171,9031 102,0991 Ten-YrIncrease 38,433 22,827 Growth Costfor Parks&Recreation Buildings=> $15,294,000 DP Guthrie LLC 8 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Revenue Credit Evaluation Currently the City of Meridian does not have any outstanding debt related to parks and recreation facilities. Therefore, a revenue credit for bond payments is not applicable. As shown in the cash flow analysis below, projected impact fee revenue matches the growth cost of new facilities. Because impact fees fully fund expected growth costs, there is no potential double-payment from other revenue sources. Proposed and Current Impact Fees At the top of Figure PR4 is a summary of the infrastructure needs for parks and recreation facilities due to growth. In addition to the growth cost of parks and recreation facilities, impact fees include the cost of professional services related to the CFP (authorized by the Idaho impact fee enabling legislation), less the projected park impact fee fund balance at the end of the current fiscal year. The net growth cost of$66,826,219 divided by the projected increase in population from 2022 to 2032,yields a cost of$1,738 per service unit. To be consistent with 67-8204(16) of the Idaho Development Impact Fee Act, impact fees are derived using the cost per service unit multiplied by the average number of service units per dwelling. Please see Appendix A for supporting documentation on the average number of persons by dwelling size in Meridian. Figure PR4: Parks and Recreation Impact Fee Schedule 2022 Input Variables Growth Infrastructure Type Infrastructure Quantity0ver Cost Factor Growth Cost Units Ten Years per Unit (rounded) Park Improvements acres 87.0 $411,000 $35,757,000 Additiona I Pa rk S ites(1a nd) acres 120.5 $150,000 $18,075,000 sqft 22,827 $670 $15,294,000 Parks&Recreation Buildings 1 01 Tota I=> $69,126,000 Professional Services Cost=> $7,680 Less Projected Fund Balance 9/30/2022=> ($2,307,461) Net Growth Cost=> $66,826,219 Population Increase 2022 to 203 d- 38,4 Cost per Service Unit $1, Residential Impact Fees(per dwelling) Proposed Proposed to Square Feet of Climate- Persons per Parks& Current Increase Current ControlledSpace Housing Unit Recreation Fees Ratio Fee 1200 or less 1.12 $1,946 $781 $1,165 2.49 1201 to 1700 1.73 $3,006 $1,361 $1,645 2.21 1701 to 2500 2.37 $4,119 $1,770 $2,349 2.33 2501 to 3200 2.84 $4,935 $2,098 $2,837 2.35 3201 or more 3.19 $5,544 $2,447 1 $3,097 1 2.271 DP Guthrie LLC 9 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Forecast of Revenues for Parks and Recreation Figure PR5 indicates Meridian should receive almost$68 million in parks and recreation impact fee revenue over the next ten years, if actual development matches the projections documented in Appendix A. To the extent the rate of development either accelerates or slows down,there will be a corresponding change in the need for infrastructure and impact fee revenue. The revenue projection assumes the average single-family dwelling has 2501 to 3200 square feet of climate-controlled space and the average multifamily unit has 1201 to 1700 square feet of floor area. Figure PR5: Projected Impact Fee Revenue Ten-YearGrowth Cost=> $66,826,219 Parks&Recreation Impact Fee Revenue Single Family Multi-family $4,935 $3,006 Year per housing unit per housing unit Hsg Units Hsg Units Base 2022 41,617 9,427 Year 1 2023 43,217 10,227 Year2 2024 44,767 10,877 Year3 2025 46,117 11,427 Year4 2026 47,317 11,827 Year5 2027 48,265 12,231 Year6 2028 49,212 12,634 Year7 2029 50,160 13,038 Year8 2030 51,107 13,441 Year9 2031 51,836 13,752 Year 10 2032 1 52,565 1 14,062 1 Ten-YrIncrease 10,948 4,635 Projected Revenue=> $54,030,000 $13,930,000 Total Revenue=> $67,960,000 DP Guthrie LLC 10 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Comprehensive Financial Plan for Parks and Recreation As specified in 67-8203(29), development impact fees in Meridian exclude costs to provide better service to existing development. Existing parks and recreation buildings are fully utilized and there is no surplus capacity for future development. Expansion of buildings may include support facilities for administration and maintenance. City staff recommends the improvements listed in Figure PR6 to accommodate additional development over the next ten years. Figure PR6: Summary of Ten-Year CFP for Parks and Recreation Needed Planned I rn proved Acres 87.0 93.2 Land for Parks(acres) 120.5 120.5 Recreation Building Sq Ft 22,827 22,800 FY Description Amount Units Cost 2023 Parks&Recreation Building Design $1,500,000 2024 Parks&Recreation Building Construction 22,800 squarefeet $13,776,000 2025 Graycliff Park Design $185,000 2026 Graycliff Park Construction 11.5 acres $4,541'500 2026 West Regional Park Design $500,000 2027 West Regional Park Construction 47.2 acres $18,899,200 r7627ffir3iscovery Park Phase 3 Design M���MF$500,000 1 2028 Opiscovery Park Phase 3 Constructio�����E$5,459,500 2029 1 MargaretAlclape Park Design _VW "l $994,000 2030 M a rga ret Alda pe Pa rk Phase 1 Construction 20.0 acres $7,226,000 2031 2032 2023-32 Additional Park Sites 120.5 acres $18,075,000_ Tota I=> $71,656,200 Growth Needs to M ainta in Current LOS=> $66,826,219 DP Guthrie LLC 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Police Impact Fees The City of Meridian will use an incremental expansion cost method to maintain existing infrastructure standards for police buildings. Proportionate Share In Meridian, police and fire infrastructure standards, projected needs, and development fees are based on both residential and nonresidential development. As shown in Figure P1,functional population was used to allocate public safety infrastructure and costs to residential and nonresidential development. Functional population is like the U.S. Census Bureau's "daytime population," by accounting for people living and working in a jurisdiction. Functional population also considers commuting patterns and time spent at residential versus nonresidential locations. Residents that don't work are assigned 20 hours per day to residential development and four hours per day to nonresidential development (annualized averages). Residents that work in Meridian are assigned 14 hours to residential development and 10 hours to nonresidential development. Residents that work outside Meridian are assigned 14 hours to residential development. Inflow commuters are assigned 10 hours to nonresidential development. Based on 2019 functional population data for Meridian,the cost allocation for residential development is 72%while nonresidential development accounts for 28%of the demand for police and fire infrastructure. Figure Pl: Functional Population Functional Population Cost Allocation for Public Safety Demand Units in 2019 Demand Person Residential HourslDay Hours Population* 114,161 [=�� 61% Residents Not Working 69,079 20 1,381,580 39% Resident Workers— 45,082 =Z�), 23% Worked in City" 10,148 14 142,072 77% Worked Outside City" 34,934 14 489,076 Residential Subtotal 2,012,728 Residential Share=> 72% Nonresidential Non-working Residents 69,079 4 276,316 Jobs Located in City** 49,856 [Z�� 20% Residents Working in City" 10,148 10 101,480 80% InflowCommuters 39,708 10 397,080 Nonresidential Subtotal 774,876 Nonresidential Share=> 28% 2019 U.S. Census Bureau population estimate. TOTAL 2,787,604 2019 InflowlOutflow Analysis, OnTheMop web application, U.S. Census Bureau data for all jobs. DP Guthrie LLC 12 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Excluded Costs Police development fees in Meridian exclude costs to meet existing needs and stricter safety, efficiency, environmental or regulatory standards. The City's CFP addresses the cost of these excluded items. Also excluded from the police development fees are public safety vehicles and equipment that do not meet the minimum useful life requirement in Idaho's Impact Fee Act. Current Use and Available Capacity In Meridian, police facilities are fully utilized and there is no surplus capacity for future development. Meridian has determined that police building space will require expansion to accommodate future development. Police Facilities, Service Units, and Standards Police development fees in Meridian are based on the same level of service provided to existing development. Figure P2 inventories police buildings in Meridian. Because the training center is also used by the Fire Department,floor area was reduced to indicate the portion used by Meridian police. For residential development, Meridian will use year-round population within the service areas to derive current police infrastructure standards. For nonresidential development, Meridian will use inbound, average-weekday, vehicle trips as the service unit. Figure P2 indicates the allocation of police building space to residential and nonresidential development, along with FY23 service units in Meridian. Vehicle trips to nonresidential development are based on floor area estimates for industrial, commercial, institutional, office and other services, as documented in the Land Use Assumptions. For police development fees, Meridian will use a cost factor of$660 per square foot (provided by City staff). The cost factor includes design and construction management. Based on FY23 service units,the standard in Meridian is 0.33 square feet of police building floor area per person in the service area. For nonresidential development, Meridian's standard is 0.09 square feet of police building per inbound vehicle trip to nonresidential development, on an average weekday. DP Guthrie LLC 13 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure P2: Meridian Police Buildings and Standards Police Buildings Square Feet Admin Building 33,000 Scenario Village 11,637 Police Pricinct-N 11,223 PSTC(ha If) 7,250 TOTAL 63,110 Source: Cityof/Weridian Police Department. Police Buildings Standards Residential Nonresidential Proportionate Share(based on 72% 28% functional population) Growth Indicator Population Avg Wkdy Veh Trips to Nonres Dev Service Units in FY23 i 139,2491 195,281 Square Feet per Service Unit 0.331 0.091 DP Guthrie LLC 14 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Police Infrastructure Needs Idaho's development fee enabling legislation requires jurisdictions to convert land use assumptions into service units and the corresponding need for additional infrastructure over the next ten years. As shown in Figure P3, projected population and inbound nonresidential vehicle trips drive the need for police buildings and vehicles. Meridian will need 13,745 additional square feet of police buildings. The ten-year, growth-related capital cost of police buildings is approximately$9.07 million. Figure P3: Police Facilities Needed to Accommodate Growth Police Infrastructure Standards and Capital Costs Buildings-Residential 0.33 SqFtperperson Buildings-Nonresidential 0.09 SqFtpertrip Police Buildings Cost $660 persquarefoot Infrastructure Needed_ Veh Trips to Police Year Population Nonres in Meridian Buildings(sqft) Base 2022 Yearl 2023 139,249 195,281 63,110 Year2 2024 145,028 198,832 65,317 Year3 2025 151,006 202,497 67,599 Year4 2026 154,310 206,064 69,000 Year5 2027 157,614 209,871 70,423 Year6 2028 160,919 213,623 71,841 Year7 2029 164,223 217,451 73,265 Year8 2030 167,527 221,295 74,692 Year9 2031 169,715 225,340 75,772 Year10 2032 1 171,9031 229,4231 76,8551 2023-2032 Increase 32,654 34,142 13,745 Growth Cost of Police Buildings=> $9,072,000 Revenue Credit Evaluation Currently the City of Meridian does not have any outstanding debt related to police facilities. Therefore, a revenue credit for bond payments is not applicable. As shown in the cash flow analysis below, projected impact fee revenue matches the growth cost of new facilities. Based on the City of Meridian's legislative policy decision to fully fund expected growth costs from impact fees,there is no potential double-payment from other revenue sources. Police Development Fees Infrastructure standards and cost factors for police are summarized in the upper portion of Figure P4. The conversion of infrastructure needs and costs per service unit into a cost per development unit is also shown in the table below. For residential development, average number of persons in a housing unit provides the necessary conversion. Persons per housing unit, by size threshold are documented in the Land Use Assumptions. DP Guthrie LLC 15 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT For nonresidential development,trip generation rates by type of development are from the Institute of Transportation Engineers (ITE 2022). To ensure the analysis is based on travel demand associated with nonresidential development within Meridian,trip ends (entering and exiting) are converted to inbound trips using a basic 50%adjustment factor. In addition to the growth cost of police facilities, impact fees include the cost of professional services related to the CFP (authorized by the Idaho Impact Fee Act). Figure P4: Police Impact Fees per Development Unit 2022 Input Variables Infrastructure Type Infrastructure Growth Quantity Cost Factor Growth Cost Units Over Ten Years per Unit (rounded) Police Buildings square feet 13,745 $660 $9,072,000 Professional Services Cost=> $7,680 Less Projected Fund Balance 9/30/2022=> $0 CostAllocation Net Growth Cost=> $9,079,680 Residential 72% Nonresidential 28% Allocated Cost by Land Use Residential $6,537,370 Nonresidential $2,542,310 Growth 2022 to 2032 CostperService Unit Residential(persons) 38,433 $170 Nonresidential 37,601 $67 (vehicle trips) Residential Impact Fees(per housing unit) Square Feet of Climate-Controlled Persons per Proposed Police Current Proposed Increase to Current Space Housing Unit Facilities Fees Fees Ratio 1200 or less 1.12 $190 $56 $134 3.39 1201 to 1700 1.73 $294 $98 $196 3.00 1701 to 2500 2.37 $402 $128 $274 3.14 2501 to 3200 2.84 $482 $152 $330 3.17 3201 or more 3.19 $542 $177 $365 3.06 Nonresidential Impact Fees(square foot of building) AvgWkdyVeh TripAdjustment Proposed Proposed Trip Ends per Factors Police Current Type KSF Facilities Fees Increase to Current Ratio Fees Commercial(Restaurant/Retail) 37.01 50% $1.23 $0.24 $0.99 5.13 All Other 5.76 50% $0.19 $0.05 $0.14 390 DP Guthrie LLC 16 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Projected Revenue for Police Facilities Over the next ten years, police development fee revenue is projected to approximately match the growth cost of police infrastructure, which has a ten-year total cost of approximately$9.08 million (see the upper portion of Figure 135). The table below indicates Meridian should receive approximately$9.1 million in police development fee revenue, if actual development matches the land use assumptions. To the extent the rate of development either accelerates or slows down, there will be a corresponding change in the need for infrastructure and development fee revenue. The revenue projection assumes the average single-family dwelling has 2501 to 3200 square feet of climate-controlled space and the average multifamily unit has 1201 to 1700 square feet of floor area. Figure P5: Police Development Fee Revenue Ten-YearGrowth CostofPolice Facilities=> $9,079,680 Police Impact Fee Revenue Single Family Multi-family Industrial Commercial Institutional Office&Other Services $482 $294 $190 $1,230 $190 $190 per housing unit per housing unit per 1000 Sq Ft per 1000 Scl Ft per 1000 Sq Ft per 1000 Scl Ft Year Hsg Units Hsg Units KSF KSF KSF KSF Base 2022 41,617 9,427 11,740 6,570 5,270 7,360 Year 1 2023 43,217 10,227 11,950 6,690 5,360 7,490 Year2 2024 44,767 10,877 12,170 6,810 5,460 7,630 Year3 2025 46,117 11,427 12,380 6,940 5,560 7,760 Year4 2026 47,317 11,827 12,610 7,060 5,660 7,900 Year5 2027 48,265 12,231 12,840 7,190 5,760 8,050 Year6 2028 49,212 12,634 13,070 7,320 5,860 8,190 Year7 2029 50,160 13,038 13,300 7,450 5,970 8,340 Year8 2030 51,107 13,441 13,540 7,580 6,080 8,490 Year9 2031 51,836 13,752 13,790 7,720 6,190 8,640 Year 10 2032 52,565 14,062 14,030 7,860 6,300 8,800 Ten-YrIncrease 10,948 4,635 2,290 1,290 1,030 1,440 Projected Revenue=> $5,280,000 $1,360,000 $435,000 $1,587,000 $196,000 $274,000 Total Projected Revenues(rounded)=> $9,132,000 DP Guthrie LLC 17 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Comprehensive Financial Plan for Police City staff recommends the improvements listed in Figure P6 to accommodate additional development over the next ten years. Impact fees will contribute approximately$9.1 million for Phase 3 of the Public Safety Training Center. Other revenue sources will be required to fund the additional cost of police facilities over the next ten years. Figure P6: Summary of Ten-Year UP for Police Needed Planned Building Sq Ft 13,745 17,000 FY Description Amount units Cost 2023 2024 2025 Public Safety Training Center Phase 3 17,000 square feet $11,220,000 2026 2027 2028 2029 2030 2031 2032 Tota I=> $11,220,000 Growth Needs to Maintain Current LOS=> $9,079,680 DP Guthrie LLC 18 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Fire Impact Fees DP Guthrie LLC recommends functional population to allocate the cost of additional fire infrastructure to residential and nonresidential development (see Figure P1 above and related text). Fire development fees in Meridian are based on the same level of service currently provided to existing development. Existing Standards for Fire Facilities Figure F1 inventories Fire Department buildings in Meridian. Because the training center is also used by the Police Department,floor area was reduced to indicate the portion used by Meridian Fire Department. Based on service units in FY23,the standard for fire buildings is 0.52 square feet per person and 0.52 square feet per job. Figure Fl: Existing Fire Buildings Fire Stations Square Feet Fire Admin Space(City Hall) 13,511 Fire Station#1(540 E. Franklin Rd) 11,700 Fire Station#6(1435 W Overland Rd) 10,299 Fire Station#7(2385 Lake Hazel Rd) 10,299 Fire Station#8(4250 N Owyhee Storm Ave) 10,299 Fire Station#5(6001 N Linder Rd) 7,360 PSTC(half) 7,250 Fire Station#4(2515 S Eagle Rd) 7,077 Fire Station#3(3545 N Locust Grove) 7,040 Fire Station#2(2401 N Ten M He Rd) 6,770 Training Tower@ Station#1 6,523 Fire Safety Center(1901 Leighfield Dr) 1,744 TOTAL 99,872 Allocation Factors for Fire Stations Residential Share 72% Functional Nonresidential Share 28% Population Population in 2023 139,249 Jobs in 2023 53,547 Infrastructure Standards for Fire Stations Square Feet Residential(per person) 0.52 Nonresidential(perjob) 0.52 DP Guthrie LLC 19 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Development fees will be used to expand the fleet of fire vehicles and purchase equipment with a useful life of at least ten years. Figure F2 lists fire vehicles and equipment currently used by the Meridian Fire Department. Following the same methodology used for fire buildings, the total cost of fire vehicles and equipment was allocated 72%to residential and 28%to nonresidential development in Meridian. As shown below, every additional resident will require Meridian to spend approximately$75 for additional fire vehicles and equipment. Every additional job requires the City to spend approximately$74 for additional fire vehicles and equipment. Figure F2: Existing Standards for Fire Vehicles Fire Apparatus and Equipment Code TotalCost Engines FE $6,178,923 LadderTruck LT $4,400,000 Pickup Trucks PT $590,975 OtherVehicles Ov $431,296 Communications&Equipment CE $2,244,978 TOTAL $13,846,172 Allocation Factors for Fire Apparatus and Communications Residential Share 72% Functional Nonresidential Share 28% population Population in 2022 133,470 Jobs in 2022 52,602 Infrastructure Standardsfor Fire Apparatus and Communications Apparatus and Communications Residential(per person) $74.69 Nonresidential(perjob) $73.70 DP Guthrie LLC 20 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Fire Infrastructure Needs The City's Comprehensive Plan and website describe existing fire facilities. In Meridian, fire facilities are fully utilized and there is no surplus capacity for future development. The City has determined that fire facilities will require expansion to accommodate future development. As specified in 67-8203(29), development impact fees in Meridian exclude costs to repair, upgrade, update, expand or replace existing capital improvements to provide better service to existing development. To accommodate projected development, Meridian will expand fire buildings by 21,741 square feet and spend approximately$3.63 million to purchase additional fire vehicles and equipment. Figure F3: Growth-Related Need for Fire Facilities Fire Infrastructure Standards and Capital Costs Fire Buildings-Residential 0.52 Sq Ft per person Fire Buildings-Nonresidential 0.52 Sq Ft perjob Fire Buildings Cost $864 per square foot Fire Apparatus/Communications-Residential $74.69 Cost per person Fire Apparatus/Communications-Nonres $73.70 Cost perjob Facilities Needed Population Meridian Sq Ft of Fire Fire Apparatus and Year Jobs Stations Communications Base 2022 $13,846,172 Year 1 2023 139,249 53,547 99,872 $14,347,471 Year2 2024 145,028 54,514 103,361 $14,850,391 Year3 2025 151,006 55,496 106,961 $15,369,281 Year4 2026 154,310 56,496 109,190 $15,689,784 Year5 2027 157,614 57,514 111,428 $16,011,613 Year6 2028 160,919 58,552 113,676 $16,334,917 Year7 2029 164,223 59,607 115,933 $16,659,474 Year8 2030 167,527 60,680 118,200 $16,985,357 Year9 2031 169,715 61,774 119,901 $17,229,431 Year 10 2032 171,9031 62,8881 121,6131 $17,474,979 Increase 32,654 9,341 21,741 $3,628,807 Cost of Fire Stations=> $18,784,000 Cost of Fire Apparatus and Communications=> $3,629,000 Tota I Growth Cost=> $22,413,000 Revenue Credit Evaluation Currently the City of Meridian does not have any outstanding debt related to fire facilities. Therefore, a revenue credit for bond payments is not applicable. As shown in the cash flow analysis below, projected impact fee revenue matches the growth cost of new facilities. Based on the City of Meridian's legislative policy decision to fully fund expected growth costs from impact fees,there is no potential double-payment from other revenue sources. DP Guthrie LLC 21 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Current and Proposed Fire Impact Fees Figure F4 indicates proposed impact fees for fire facilities in Meridian. Residential fees are derived from average number of persons per housing unit and the cost per person. Nonresidential fees are based on average jobs per 1,000 square feet of floor area and the cost per job. The cost factors for fire facilities are summarized in the upper portion of Figure F4. Persons per unit, by dwelling size, are based on local data, as discussed in the Land Use Assumptions. For nonresidential development, average jobs per thousand square feet of floor area are also documented in the Land Use Assumptions. To be consistent with 67-8204(16) of the Idaho Development Impact Fee Act, impact fees are derived using the cost per service unit multiplied by the average number of service units per development unit. Proposed nonresidential development fees for fire facilities are shown in the column with light orange shading. The 2022 study recommends nonresidential fees by two general categories, Commercial and All Other types of nonresidential development. Commercial includes all buildings within a shopping center, plus stand-alone retail development and eating/drinking places (i.e., restaurants and bars). All Other includes industrial, warehousing, offices, business services, and personal services (i.e., every type of non-residential development not considered Commercial). DP Guthrie LLC 22 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure F4: Fee Schedule for Fire Facilities 2022 Input Variables Cost Infrastructure Type Infrastructure Growth Quantity Factor Growth Cost Units Over Ten Years per Unit (rounded) Fire Buildings square feet 21,741 $864 $18,784,000 dollars $3,629,0001 Fire Apparatus F I Tota I=> $22,413,000 Professional Services Cost=> $7,680 Less Projected Fund Balance 9/30/2022=> $0 CostAllocation NetGrowthCost=> $22,420,680 Residential 1 72%1 Nonresidential 1 28%1 Allocated Cost by Land Use Residential F—$16,142,890 Nonresidential 1 $6,277,790 Growth 2022 to 2032 CostperService Unit Residential(persons) 38,433 $420 Nonresidential(jobs) 10,2861 $610 Residential impact Fees(per housing unit) Square Feet of Climate-Controlled Persons per Proposed Fire Current Proposed Increase to Current Space Housing Unit Facilities Fee Fees Ratio 1200 or less 1.12 $470 $258 $212 1.82 1201 to 1700 1.73 $726 $450 $276 1.61 1701 to 2500 2.37 $995 $585 $410 1.70 2501 to 3200 2.84 $1,192 $693 $499 1.72 3201 or more 3.19 $1,339 $809 $530 1.66 Nonresidential Impact Fees(square foot of building) Jobs per 1,000 Proposed Fire Current Proposed Type Sq Ft Facilities Fee Fees Increase to Current Ratio Commercial(Restaurant/Retail) 2.12 $1.29 $0.64 $0.65 2.02 FAll Other 1 1.58 1 $0.961 $0.411 $0.55 1_ DP Guthrie LLC 23 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Projected Revenue for Fire Facilities Over the next ten years,fire development fee revenue is projected to approximately match the growth cost of fire infrastructure, which is approximately$22.42 million (see the upper portion of Figure F5). The table below indicates Meridian should receive approximately$22.65 million in fire development fee revenue, if actual development matches the land use assumptions. To the extent the rate of development either accelerates or slows down, there will be a corresponding change in the development fee revenue. The revenue projection assumes the average single-family dwelling has 2501 to 3200 square feet of climate-controlled space and the average multifamily unit has 1201 to 1700 square feet of floor area. Figure F5: Fire Development Fee Revenue Ten-Year Cost of Growth-Related Fire Facilities=> $22,420,680 Fire Impact Fee Revenue Single Family Multi-family Industrial Commercial Institutional Office and OtherServices $1,192 $726 $960 $1,290 $960 $960 Year per housing unit per housing unit per 1000 Scl Ft per 1000 Scl Ft per 1000 Sq Ft per 1000 Scl Ft Hsg Units Hsg Units KSF KSF KSF KSF Base 2022 41,617 9,427 11,740 6,570 5,270 7,360 Year 1 2023 43,217 10,227 11,950 6,690 5,360 7,490 Year2 2024 44,767 10,877 12,170 6,810 5,460 7,630 Year3 2025 46,117 11,427 12,380 6,940 5,560 7,760 Year4 2026 47,317 11,827 12,610 7,060 5,660 7,900 Year5 2027 48,265 12,231 12,840 7,190 5,760 8,050 Year6 2028 49,212 12,634 13,070 7,320 5,860 8,190 Year7 2029 50,160 13,038 13,300 7,450 5,970 8,340 Year8 2030 51,107 13,441 13,540 7,580 6,080 8,490 Year9 2031 51,836 13,752 13,790 7,720 6,190 8,640 Year 10 2032 52,565 14,062 14,030 7,860 6,300 8,800 Ten-YrIncrease 10,948 4,635 2,290 1,290 1,030 1,440 Projected Revenue=> $13,050,000 $3,370,000 $2,200,000 $1,660,000 $990,000 $1,380,000 Total Projected Revenues(rounded)=> $22,650,000 DP Guthrie LLC 24 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Comprehensive Financial Plan for Fire Facilities Using impact fee funding over the next ten years, Figure F6 indicates that Meridian plans to expand fire building space by 21,741 square feet. Meridian will also purchase additional fire vehicles costing approximately$6.63 million. The total cost for planned projects is approximately$25.42 million. The growth needs funded by impact fees is approximately$22.42 million over ten years. Other revenues will be required to fully fund the Fire Department's CFP. Figure F6: Summary of Ten-Year CFP for Fire Facilities Needed Planned Building Sq Ftl 21,741 1 21,741 Apparatus and Equipmentl $3,629,000 1 $6,632,469 FY Description Amount Units Cost 2023 2024 Fire Station#1 Vehicle $686,834 2025 Radios 16 $160,000 2025 LadderTruck @Fire Station#6 1 $2,200,000 2026 Additional Cardiac Monitors $140,000 2026 Additional Fire Station Design $720,000 2027 Additional Fire Station Construction 12,000 square feet $9,648,000 2027 Additional Fire Station Engine $686,834 2027 Hydraulic Extrication Tool 2 $250,000 2027 Thermal Imaging Cameras 5 $70,400 2028 LadderTruck @Fire Station#10 1 $2,200,000 2028 SCBAs for new apparatus $140,000 2030 Additional Battalion Chief Vehicle 1 $98,401 2023to Building Design $720,000 2032 2023to Expand Fire Buildings 9,741 square feet $7,696,100 2032 Total=> $25,416,569 Growth Needs to Maintain Current LOS=> $22,420,680 DP Guthrie LLC 25 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Fee Implementation and Administration Consistent with best practices and Idaho's enabling legislation, Meridian updates capital improvements and development impact fees every five years. In addition, some jurisdictions make annual adjustments for inflation using a price index like the Engineering News Record (ENR) Construction Cost Index published by McGraw-Hill Companies. This index could be applied to the adopted impact fee schedule, reviewed by the Advisory Committee,then approved by City Council. If cost estimates or demand indicators change significantly,the City should redo the fee calculations. Another best practice is to spend impact fees as soon as possible,tracking funds according to first in,first out accounting, using aggregate rather than project-specific tracking. Impact fees and accrued interest are maintained in a separate fund that is not comingled with other revenues. In Idaho, an annual report is mandatory, indicating impact fee collections, expenditures, and fund balances by type of infrastructure. Cost of CFP Preparation As stated in Idaho's enabling legislation, a surcharge on the collection of development impact fees may be used to fund the cost of preparing the CFP that is attributable to the impact fee determination. A minor cost of$7,680 per infrastructure type was added to the 2022 Meridian impact fee study. Development Categories Proposed impact fees for residential development are by square feet of climate-controlled space, excluding porches, garage and unfinished space, such as basements and attics. For an apartment building,the average size threshold is derived for an entire building. The recommended procedure is to identify the aggregate climate- controlled floor area for the entire building, excluding ancillary space for community rooms,fitness centers, management office and maintenance areas, divided by the number of dwelling units in the building. Apartment complexes and some residential development provide common areas for use by residents, such as exercise rooms and clubhouses. Common areas for the private use of residents are ancillary uses to the dwelling units and not subject to additional impact fees. Section 67-8204(20) of the Idaho Development Impact Fee Act states that an addition to an existing residential building,that does not increase the number of service units, should be exempt from additional impact fees. Given the relatively small fee increase across size thresholds and the high transaction cost to assess fees for additions to residential buildings, DP Guthrie LLC recommends that additions to residential buildings should not be subject to additional impact fees. The two general nonresidential development categories in the proposed impact fee schedule can be used for all new construction within Meridian. Nonresidential development categories represent general groups of land uses that share similar average weekday vehicle trip generation rates and job density(i.e.,jobs per 1,000 square feet of floor area), as documented in Appendix A. "Commercial" includes retail development and eating/drinking places (i.e., restaurants and bars). All land uses within a shopping center will pay the impact fee for commercial development. All Other includes industrial, warehousing, offices, business services, and personal services (i.e., every type of non-residential development not considered Commercial). DP Guthrie LLC 26 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT An applicant may submit an independent study to document unique demand indicators (i.e., service units per development unit). The independent study should be prepared by a professional engineer or certified planner and use the same type of input variables as those in Meridian's impact fee study. For residential development, impact fees are based on average persons per housing unit. For nonresidential development, impact fees are based on inbound average weekday vehicle trips per 1,000 square feet of floor area, and the average number of jobs per 1,000 square feet of floor area. The independent fee study will be reviewed by City staff and can be accepted as the basis for a unique fee calculation. If staff determines the independent fee study is not reasonable,the applicant may appeal the administrative decision to Meridian's elected officials for their consideration. Credits and Reimbursements A general requirement that is common to impact fee methodologies is the evaluation of credits. A revenue credit may be necessary to avoid potential double payment situations arising from one-time impact fees plus on-going payment of other revenues that may also fund growth-related capital improvements. The determination of revenue credits is dependent upon the impact fee methodology used in the cost analysis. Policies and procedures related to site-specific credits should be addressed in the ordinance that establishes the impact fees. Project-level improvements, required as part of the development approval process, are not eligible for credits against impact fees. If a developer constructs a system improvement included in the fee calculations, it will be necessary to either reimburse the developer or provide a credit against the fees. The latter option is more difficult to administer because it creates unique fees for specific geographic areas. Based on national experience, DP Guthrie LLC recommends a jurisdiction establish a reimbursement agreement with the developer that constructs a system improvement. The reimbursement agreement should be limited to a payback period of no more than ten years and the City should not pay interest on the outstanding balance. The developer must provide documentation of the actual cost incurred for the system improvement. The City should only agree to pay the lesser of the actual construction cost or the estimated cost used in the impact fee analysis. If the City pays more than the cost used in the fee analysis, there will be insufficient fee revenue. Reimbursement agreements should only obligate the City to reimburse developers annually according to actual fee collections from the benefiting area. The supporting documentation for each type of impact fee describes the types of infrastructure considered to be system improvements. Site specific credits or developer reimbursements for one type of system improvement does not negate an impact fee for other system improvements. DP Guthrie LLC 27 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Appendix A: Land Use Assumptions Appendix A contains the land use assumptions for Meridian's 2019 DIF update. The CFP must be developed in coordination with the Advisory Committee and utilize land use assumptions most recently adopted by the appropriate land planning agency [see Idaho Code 67-8206(2)]. Idaho's enabling legislation defines land use assumptions as: "a description of the service area and projections of land uses, densities, intensities, and population in the service area over at least a 20-year period." Service Areas To ensure a substantial benefit to new development paying impact fees,the City of Meridian has evaluated collection and expenditure zones for public facilities that may have distinct benefit or service areas. In the City of Meridian, impact fees for parks/recreation, police and fire facilities will benefit new development throughout the entire incorporated area. DP Guthrie LLC recommends one citywide service area for Meridian impact fees. Idaho Code 67-8203(26) defines "service area" as: "Any defined geographic area identified by a governmental entity, or by intergovernmental agreement, in which specific publicfacilities provide service to development within the area defined, on the basis of sound planning or engineering principles, or both." The City's adopted Future Land Use Map indicates land uses, densities, and intensities of development, as required by Idaho Code 67-8203(16). The service area is defined as all land within the city limits of Meridian, as modified over time. Summary of Growth Indicators Population, housing unit,jobs and nonresidential floor area are the "service units" or demand indicators that will be used to evaluate the need for growth-related infrastructure. The demographic data and development projections discussed below will also be used to demonstrate proportionality. All land use assumptions are consistent with Meridian's Comprehensive Plan. In contrast to the Comprehensive Plan, which is more general and has a long-range horizon, development impact fees require more specific quantitative analysis and have a short-range focus. Typically, impact fee studies look out five to ten years, with the expectation that fees will be periodically updated (e.g., every 5 years). Infrastructure standards will be calibrated using fiscal year 2018-19 data. In Meridian,the fiscal year begins on October V. Key development projections for the City of Meridian are housing units and nonresidential floor area, as shown in Figure Al. These projections will be used to estimate development fee revenue and to indicate the anticipated need for growth-related infrastructure. The goal is to have reasonable projections without being overly concerned with precision. Because impact fee methods are designed to reduce sensitivity to development projections in the determination of the proportionate-share fee amounts, if actual development is slower than projected,fee revenue will decline, but so will the need for growth-related infrastructure. In contrast, if development is faster than anticipated,the City will receive an increase in fee revenue, but will also need to accelerate infrastructure improvements to keep pace with the actual rate of development. DP Guthrie LLC 28 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Population and housing unit projections were provided by City staff. During the next ten years,the impact fee study assumes Meridian's population increases at a growth rate of approximately 2.56% per year. Over the next ten years,jobs are expected to increase at a growth rate of approximately 1.8% per year, which is from the Communities in Motion employment forecast from 2020 to 2050. Figure All: Annual Development Projections Meridian Land Use As 2-00,000 180,000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 2020 2025 2030 2035 2040 —Population —Housing Units —Jobs IN o n resi d entlia I Scl u a re Fe et(in th ous an ds) Proportionate Share The term "proportionate" is found throughout Idaho's Development Impact Fee Act. For example, Idaho Code 67- 8202(2) states the intent to, "Promote orderly growth and development by establishing uniform standards by which local governments may require that those who benefit from new growth and development pay a proportionate share of the cost of new publicfacilities needed to serve new growth and development;" DP Guthrie LLC 29 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Because DIFS must be proportionate, jurisdictions derive fees for various land uses per unit of development, as stated in Idaho Code 67-8404(17). "A development impactfee ordinance shall include a schedule of development impactfeesfor various land uses per unit of development. The ordinance shall provide that a developer shall have the right to elect to pay a project's proportionate share of system improvement costs by payment of development impactfees according to the fee schedule as full and complete payment of the development project's proportionate share of system improvement costs..." Even though formulas and methods are not specified in Idaho's Development Impact Fee Act, DIFs must be reasonable and fair, as stated in section 67-8201(l). "All development impactfees shall be based on a reasonable andfairformula or method under which the development impact fee imposed does not exceed a proportionate share of the costs incurred, or to be incurred, by the governmental entity in the provision of system improvements to serve the new development. In the following sections, DID Guthrie LLC describes reasonable and fair formulas and methods that can be used in the City of Meridian to make DIFs proportionate by size of residential development and type of nonresidential development. Residential Development and Persons per Housing Unit The 2010 census did not obtain detailed information using a "long-form" questionnaire. Instead,the U.S. Census Bureau has switched to a continuous monthly mailing of surveys, known as the American Community Survey (ACS), which is limited by sample-size constraints. For example, data on detached housing units are now combined with attached single units (commonly known as townhouses). Part of the rationale for imposing fees by size threshold, as discussed further below, is to address this ACS data limitation. Because townhouses and apartments generally have fewer bedrooms and less floor area than detached units, size thresholds make fees more proportionate, while facilitating construction of affordable units. As shown Figure A2, dwellings with a single unit per structure (detached and attached) average 2.84 persons per housing unit. Dwellings in structures with two or more units average 2.19 year-round residents per unit. This category includes duplexes, which have two dwellings on a single land parcel. According to the latest available data, the overall average is 2.75 year- round residents per housing unit and 2.82 persons per household. According to the U.S. Census Bureau, a household is a housing unit that is occupied by year-round residents. Development fees often use per capita standards and persons per housing unit, or persons per household, to derive proportion ate-sha re fee amounts. DID Guthrie LLC recommends that fees for residential development in the City of Meridian be imposed according to the number of year-round residents per housing unit. DP Guthrie LLC 30 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure A2: Year-Round Persons per Unit by Type of Housing Meridian Population and Housing Characteristics Units in Structure Persons House- Persons per Housing Persons per Housing Vacancy holds Household Units Housing Unit mix Rate Single Unit 95,564 32,685 2.92 33,703 2.84 86% 3% All Other** 11,920 5,364 2.22 5,440 2.19 14% 1% S u btota 1 107,484 38,049 2.82 39,143 2.75 3% Group Quarters 303 TOTAL 107,787 Source: U.S. Census Bureau, 2020 American Community Survey, 5-Year Estimates, Tables B25024, B25032, B25033, and B26001. Single unit includes attached and detached. All other includes multifamily and mobile homes. Demand Indicators by Dwelling Size Impact fees must be proportionate to the demand for infrastructure. Because the average number of persons per housing unit has a strong, positive correlation to the number of bedrooms, DP Guthrie LLC recommends residential fee schedules that increase by dwelling size. Custom tabulations of demographic data by bedroom range can be created from individual survey responses provided by the U.S. Census Bureau, in files known as Public Use Micro-Data Samples (PUMS). PUMS files are only available for areas of at least 100,000 persons, with the City of Meridian included in Public Use Micro-Data Area (PUMA) 701. As shown in Figure A3, DID Guthrie LLC derived average persons per housing unit by bedroom range, from un-weighted PUMS data. The recommended multipliers by bedroom range (shown below) are for all types of housing units, adjusted to the control total for Meridian (i.e., 2.75 persons per housing unit). Figure Al Persons by Bedroom Range Recommended Multipliers(2) Bedrooms Persons Housing Persons per Housing (1) Units(1) Housing Unit mix 0-1 53 43 1.33 3.0% 2 384 205 2.02 14.3% 3 1,5801 684 2.49 47.7% 4+ 1,6421 501 3.53 35.0% Tota 1 3,6591 1,433, 2.75 1 100.0% (1) American Community Survey, Public Use Microdato Sample for ID PUMA 701(2016-2020 5-year database). (2) Recommended persons per housing unit are scaled to make the average derived from PUMS survey data match the control total for Meridian (i.e. 2.75 persons per housing unit). DP Guthrie LLC 31 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT DIFs based on size of dwelling are generally easier to administer when expressed in square feet of finished living space for all types of housing. Basing fees on floor area rather than the number of bedrooms eliminates the need for criteria to make administrative decisions on whether a room qualifies as a bedroom. To translate dwelling size by number of bedrooms into square feet of living space, DP Guthrie LLC used the 2018 Ada County Assessor's residential database to derive average square feet by bedroom range (i.e.,two,three, and four or more bedrooms). DP Guthrie LLC recommends that DIFs for residential development be imposed based on finished square feet of living space, excluding garages, patios and porches that are not climate-controlled. Average floor area and number of persons by bedroom range are plotted in Figure A4, with a logarithmic trend line derived from actual averages for Meridian. Using the trend line formula shown in the chart, DP Guthrie LLC derived the estimated average number of persons, by dwelling size, in size thresholds like those currently used by the City of Boise. As shown with yellow highlighting, the lowest floor area range (1200 square feet or less) has an estimated average of 1.24 persons per housing unit. At the upper end of the floor area range (3201 or more square feet of climate- controlled space),the average is 3.53 persons per housing unit. For a building with more than one residential unit, City staff will determine the average size threshold for the entire building by dividing total climate-controlled floor area, less ancillary building space, by the total number of dwellings in the building. Ancillary floor area includes community rooms, fitness centers, management offices, and maintenance areas. In each impact fee worksheet,the person per housing unit values shown in Figure A4 were adjusted downward by multiplying the value for each size threshold by the ratio of 2.84 divided by 3.14. Figure A2 indicates an average of 2.84 persons per single-family unit in Meridian and 3.14 is the fitted-curve value for dwellings with 2501 to 3200 square feet, which is the middle range for single-family units. DP Guthrie LLC 32 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure A4: Persons by Square Feet of Living Space Average square feet for 2 to 4+ Survey of Construction Meridian Averages per Housing Unit Fitted-Curve lues bedrooms in Meridian was derived Square Feet(rounded) Bedrooms Sq Ft(rounded) Persons Sq Ft Range Persons from Ada County Assessor 1,100 0-1 1,000 1.33 1200 or less 1.24 residential database (units 1,800 2 1,500 2.02 1201 to 1700 1.91 constructed 2014 to 2018). 0 2.4 2,200 3 2,10��49 1701 to 2500 2.62 Average persons per housing unit 0� by bedroom range is based on 3,400 4+ 2,9 0 2501 to 3200 1 3 14 2016-2020 ACS PUM 5 data for I D 43201 or more I —�­' 2,700 <=Wt Avg=> 2,400 3,531 PUMA 701. Recommended Square Feet Ranges are similar to Boise size thresholds. Persons per Housing Unit in Meridian, 1 4.00 3.50 1,98841n(x) - 17-493 3.00 - R 2 0.9651 2.50 - 0 2.00 - CL r- 1.50 - 0 1.00 - 0.50 - 0.00 0 500 1,000 1,500 2,000 2,500 3,000 3,500 Square Feet of Living Area DP Guthrie LLC 33 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Jobs and Nonresidential Development In addition to data on residential development, the calculation of impact fees requires data on nonresidential development. DID Guthrie LLC uses the term "jobs" to refer to employment by place of work. In Figure AS, color shading indicates nonresidential development prototypes used by DP Guthrie LLC to derive average weekday vehicle trips and nonresidential floor area. For future industrial development, DP Guthrie LLC averaged Light Industrial (ITE code 110) and Warehousing(ITE 150)to derive an average of 1,239 square feet per industrial job. The prototype for future commercial development is an average-size Shopping Center(ITE code 820). Commercial development (i.e., retail and eating/drinking places) is assumed to average 471 square feet per job. For institutional development, such as schools, daycare and churches,the impact fee study assumes an average of 1,012 square feet per job. The prototype for institutional development is Assisted Living(ITE 254). For office and other services, an average-size Office (ITE 710) is the prototype for future development, averaging of 307 square feet per job. Figure A5: Average Weekday Vehicle Trip Ends ITE Land Use/Size Demand Wkdy Trip Ends Wkdy Trip Ends Emp Per Sq Ft Code Unit Per Dmd Unit* Per Employee Dmd Unit PerEmp 110 Light I nclustrial 1,000 Sq Ft 4.87 3.10 1.57 637 140 Manufacturing 1,000 Sq Ft 4.75 2.51 1.89 528 150 Warehousing 1,000 Sq Ft 1.71 5.05 0.34 2,953 254 Assisted Living 1,000 Sq Ft 4.19 4.24 0.99 1,012 610 Hospita 1 1,000 Sq Ft 10.77 3.77 2.86 350 620 Nursing Home 1,000 Sq Ft 6.75 3.31 2.04 490 710 General Office 1,000 Sq Ft 10.84 3.33 3.26 307 760 Research& Dev Center 1,000 Sq Ft 11.08 3.37 3.29 304 770 Business Park 1,000 Sq Ft 12.44 4.04 3.08 325 1820 1 Shopping Center 1,000 Sq Ft 37.01 17.42 2.12 471 857 Discount Club 1,000 Sq Ft 42.46 32.21 1.32 759 1 nclustria I in M eridia n 1,000 Sq Ft 3.29 4.08 0.81 Trip Generation,Institute of Transportation Engineers,11th Edition(2022). DP Guthrie LLC 34 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Figure A6 indicates 2019 estimates of jobs and nonresidential floor area within Meridian. Job estimates, by type of nonresidential, are from Meridian's Work Area Profile, available through the U.S. Census Bureau's online web application known as OnTheMap. The number of jobs in Meridian is based on quarterly workforce reports supplied by employers. Floor area estimates are derived from the number of jobs by type of nonresidential development and average square feet per job ratios, as discussed on the previous page. Total floor area of nonresidential development in Meridian is consistent with property tax parcel information obtained from Ada County. Figure A6: Jobs and Floor Area Estimates 2019 Jobs(1) Commercial(2) 13,237 26.6% 1 ndustria 1(3) 8,983 18.0% 1 nstitutiona 1(4) 4,934 9.9% Office&Other Services(5) 22,702 45.5% TOTAL 49,856 100.0% (1) Jobs in 2015from Work Area Profile, OnTheMap,U.S. Census Bureau web application. (2) Major sectors are Retail and AccommodationlFood Services. (3) Major sectors are Construction, Manufacturing, Wholesale Trade, and TransportationlWarehousing. (4) Major sectors are Educational Services and Public Administration. (5) Major sectors are ProfessionalIScientificITechnicaI Services and Health Care. DP Guthrie LLC 35 9/16/22 MERIDIAN DEVELOPMENT IMPACT FEES REPORT Appendix B: Changes in Standards and Cost Factors Figure 131 summarizes changes to infrastructure standards and cost factors from the 2019 impact fee study to the 2022 update. For most public facilities, infrastructure standards have increased slightly over time, with the exception of park improvements. Since 2019, population has increased faster than acres of improved parks. Major changes accounting for the proposed impact fee increase are higher cost factors and the recommendation to acquire additional park sites using impact fees, based on the 2022 standard of 3.14 acres per thousand residents. In the 2019 study, land for additional parks was only 1%of the growth cost and no standard was documented. In the 2022 study, land for additional parks is 26%of the growth cost for parks & recreation. Figure B1: Comparison of Standards and Cost Factors Public Infrastructure Standard Cost Factor 2022 to 2019 Facility 2019 2022 Measure 2019 2022 Units Cost Ratio Park Improvements 2.91 2.66 acres per thousand $241,000 $411,000 per acre 1.71 residents Park Land(new) 3.14 acres per thousand $61,000 $1S0,000 per acre 2.46 resident, I Recreation Centers 0.59 sq ua re feet $225 $670 per square foot of 2.98 per person building Police Buildings- 0.26 0.33 sq ua re feet Residential per person $333 per square foot of 1.98 Police Buildings- 0.09 square feet per building Nonresidential vehicle trip Fire Buildings-Residential 0.44 0.52 square feet per person per square foot of $535 1.61 Fire Buildings- square feet building Nonresidential perjob Fire Apparatus, Communications& $61.98 $74.69 per person 1.21 Equipment-Residential Fire Apparatus, Communications& $64.46 $73.70 perjob 1.14 Equipment- Nonresidential * In the 2019 study,landfor additional parks was only 1%of the growth cost and no standard was documented. In the 2022 study,landfor additional parks is 26%of the growth costfor parks&recreation. DP Guthrie LLC 36 E IDIAN AGENDA ITEM ITEM TOPIC: Ordinance No. 22-2005: An Ordinance Annexing the Southwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, More Particularly Described in Exhibit "A," Rezoning 4.54 Acres of Such Real Property from RUT (Rural Urban Transition) to R-15 (Medium High-Density Residential) Zoning District; Directing City Staff to Alter All Use and Area Maps as well as the Official Zoning Maps and all Official Maps Depicting the Boundaries and the Zoning Districts of the City of Meridian in Accordance with this Ordinance; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; Repealing Conflicting Ordinances, and Providing an Effective Date ADA COUNTY RECORDER Phil McGrane 2022-092437 BOISE IDAHO Pgs=4 VICTORIA BAILEY 11/10/2022 11:13 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 22-2005 (1160 W. USTICK ANNEXATION AKA WOOD ROSE APARTMENTS—H-2021-0092 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE ANNEXING THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36,TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," REZONING 4.54 ACRES OF SUCH REAL PROPERTY FROM RUT (RURAL URBAN TRANSITION) TO R-15 (MEDIUM HIGH-DENSITY RESIDENTIAL) ZONING DISTRICT; DIRECTING CITY STAFF TO ALTER ALL USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION,AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Meridian received a written request from property owner The Housing Company to annex and rezone the land described in the legal description attached hereto as Exhibit A and the map attached hereto as Exhibit B ("Subject Property"), which exhibits are incorporated herein by reference; WHEREAS,the Subject Property is contiguous to the corporate limits of the City of Meridian, Idaho; WHEREAS,the City of Meridian is authorized by Idaho Code section 50-222(2)to annex the Subject Property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the City Council of the City of Meridian hereby annexes the Subject Property. SECTION 2. That the City Council of the City of Meridian hereby rezones 4.54 acres of the Subject Property from RUT (Rural Urban Transition) to R-15 (Medium High-Density Residential) Zoning District. ANNEXATION ORDINANCE—1160w.USTICK ANNEYATION AKA WOOD ROSE APARTMENTS H-2021-0492 Page 1 SECTION 3. That City Staff is hereby directed to alter all use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 9th day of November, 2022. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 9th day of November, 2022. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, SS: County of Ada November On this 9th day of 2022,before me,the undersigned,a Notary Public in and for said State,personally appeared Robert E.Simison and Chris Johnson known to me to be the Mayor and City Clerk, respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public For Idaho, Residing in Meridian, Idaho Commission Expiration: 3-28-2028 ANNEXATION ORDINANCE—1160 w.USTICK ANNEXATION AKA WOOD ROSE APARTMENTS H-2021-0092 Page 2 ANNEXATION EXHIBIT A LEGAL DESCRIPTION Being a portion of the SWI/4 of the SEI/4 of the SWI/4 of Section 36,T 4N,R IW, Boise Meridian,City of Meridian,Ada County,Idaho, more particularly described as follows: Commencing at the southwest corner of said Section 36 which bears N8842'44"W a distance of 2,662.13 feet from the south quarter corner of said Section 36;thence on the south line of said Section 36 S88'42'44"E a distance of 1,331.05 feet to the west sixteenth corner of said Section 36 also being the Point of Beginning; thence continuing on said South line of Section 36 S88'42'44"E a distance of 665.55 feet; thence N00023'45"E a distance of 141.63 feet; thence N67009'18"W a distance of 129.84 feet; thence N71'02'01"W a distance of 75.67 feet; thence N66'36'48"W a distance of 55.79 feet; thence N51'23'44"W a distance of 66.02 feet; thence N47'26'23"W a distance of 78.17 feet; thence N38028'47"W a distance of 31.20 feet; thence N72'42'37"W a distance of 123.96 feet; thence N71013'56"W a distance of 117.61 feet;thence N69015'27"W a distance of 67.37 feet to a point on said sixteenth line of Section 36;thence on said sixteenth line of Section 36 SOO'20'32"W a distance of 440.85 feet to the Point of Beginning. Containing 4.54 Acres more or less LA ,CEN IL 18350 (j) N ANNEXAT� 01\1 EXHIBIT B PORTION OF SW 1/4 OF THE SE 1/4 OF THE SW 1/4 OF SECTION 34, Scale I'=400' T.4N., RI .W., E301SE MERIDIAN, CITY 0 200' OF MERIDIAN, ADA COUNTY, IDAHO. REARINGS AND DISTANCES MA� VAR�MFRSM PREVIOUS PLATS DUE TO DIFFERENT ETHODS OF MEASUREMENTS, PPLE PINE zz�j 0 OODCH Lu W7 >- w of a.-VVC>-Cq7pqjqj�-� 0 Lu z 0 R-Q�D of 0 Z) ir L6 L5 z L -i z L3 w L L10 L9 z L8 w > P.O.d. P.QC. MS-42' ----------- SW CORNE7-- S88'49'4 SECTION 36 ::W��1/16C R EIR S88*42'44"E-2662.13'B B USTICK ROAD N 6 PEBB STONE ST. N ST. Lu S 1/4 CORNER Of 0 SECTION 36 Cal Lu TICK ROAD Rw Parcel Line Table STANHOPE ST z Line# Length Bearing w Ll 440.85' SO'20'32"W w < F- L2 78.17' N47'26'23"W LIL 00 L3 31.20' N38*28'47"W FOUND MONUMENT B.O.B.BASIS OF BEARING L4 123.96' N72'42'37"W P.O.B.POINT OF BEGINNING L5 117.61' N71'13'56"W P.O.C. POINT OF COMMENCEMENT L6 67.37' N69*15'27"W CITY OF MERIDIAN L7 129.84' N67'09'18"W r 1-8 75.67' N71*02'01"W AREA TO BE ANNEXED L9 55.79' N66'36'48"W L10 66.02' N51'23'44"W 1-11 141.63' NO*23'45"E ACKERMAN f%%;ESTV01r-)- 7661 West Riverside Drive,Ste.102 ,Garden City,ID 83714 208.853.6470.www,ackerman-estvold.com ,JOB No: R21189 Minot.ND I Fargo,ND I Withaton,ND I Boise,ID�� i CERTIFICATION OF SUMMARY: William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. ' William L. M.Nary, CAY Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 22-2005 (1160 W. Ustick Annexation aka Wood Rose Apartments H-2021-0092) An ordinance annexing the Southwest Quarter of the Southeast Quarter of the Southwest Quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, more particularly described in Exhibit "A," rezoning 4.54 acres of such real property from RUT (Rural Urban Transition) to R-15 (Medium High-Density Residential) Zoning District; directing city staff to alter all use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder,and the Idaho State Tax Commission,as required by law;repealing conflicting ordinances; and providing an effective date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall be effective as of the date of publication of this summary. [Publication to include map as set forth in Exhibit B.] ANNEXATION ORDINANCE—1160 W.USTICK ANNEXATION AKA WOOD ROSE APARTMENTS H-2021-0092 Page 4