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2022-11-15 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, November 15, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilwoman Jessica Perreault Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ABSENT Councilman Treg Bernt Councilman Luke Cavener ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Borton, Councilman Hoaglun 1. Approve the Minutes of the November 1, 2022 City Council Work Session 2. Approve the Minutes of the November 1, 2022 City Council Regular Meeting 3. Frontline Subdivision Water Main Easement No. 1 4. Records Apartments Sanitary Sewer and Water Main Easement No. 1 5. Records Apartments Sanitary Sewer and Water Main Easement No. 2 6. Summertown Sanitary Sewer and Water Main Easement No. 1 7. Final Plat for Jump Creek South (FP-2022-0031) by Kent Brown Planning, located at the northwest corner of W. McMillan Rd. and N. Black Cat Rd. on Parcel S0428449525 8. Findings of Fact, Conclusions of Law for Allure Subdivision (H-2022-0050) by Schultz Development, LLC., located at 5385 S. Meridian Rd., directly north of the half-mile mark on the west side of Meridian Rd. between E. Amity Rd. and E. Lake Hazel Rd. 9. Findings of Fact, Conclusions of Law for Idak Subdivision (SHP-2022-0010) by Sawtooth Land Surveying, located at 840 E. Ustick Rd. 10. Findings of Fact, Conclusions of Law for Slatestone Subdivision (H-2022-0039) by T-O Engineers, located at 2707 S. Stoddard Rd. 11. Subrecipient Agreement Between City of Meridian and NeighborWorks Boise for Program Year 2022 Community Development Block Grant Funds for Homeowner Repair Program 12. Subrecipient Agreement Between the City of Meridian and NeighborWorks Boise for Program Year 2022 Community Development Block Grant Funds for Homebuyer Assistance Program 13. First Amendment to Subrecipient Agreement Between City of Meridian and NeighborWorks Boise for Program Year 2021 Community Development Block Grant Funds for Homeowner Repair Program 14. Third Amendment to Subrecipient Agreement Between City of Meridian and NeighborWorks Boise for CARES Act Community Development Block Grant Funds for Mortgage Assistance Program 15. Development Agreement (Torino Locust Grove Subdivision H-2022-0038) Between City of Meridian and Jeremy and Tara Rausch (Owner/Developer) for Property located at 870 S. Locust Grove Rd. 16. Resolution No. 22-2355: A Resolution Establishing the Reappointment of Dom Gelsomino to Seat 1 and Jennifer Bobo to Seat 2 of the Meridian Parks and Recreation Commission; and Providing an Effective Date 17. Resolution No. 22-2356: A Resolution Establishing the Reappointment of Megan Larsen to Seat 5 of the Meridian Solid Waste Advisory Commission; and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 18. Fiscal Year 2023 Budget Amendment in the Amount of $181,000.00 for Supervisory Control and Data Acquisition (SCADA) System Security Upgrades Approved Motion to approve made by Councilwoman Perreault, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilwoman Perreault, Councilman Borton, Councilman Hoaglun 19. Discussion of Civic Block Time Extension Request 20. Community Development: Analysis of Housing Code Vacated ADJOURNMENT 5:32 p.m. Meridian City Council Work Session November 15, 2022. A Meeting of the Meridian City Council was called to order at 4:32 p.m., Tuesday, November 15, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Luke Cavener and Treg Bernt. Also present: Chris Johnson, Bill Nary, Caleb Hood, Bruce Freckleton, Laurelei McVey, Dave Tiede, Shawn Harper, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader X Joe Borton _X_ Brad Hoaglun Treg Bernt X Jessica Perreault Luke Cavener X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is November 15th, 2022, at 4:32 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adoption of the agenda as published. Borton: Second. Simison: I have a motion and a second to adopt the agenda is published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve the Minutes of the November 1, 2022 City Council Work Session Meridian City Council Work Session November 15,2022 Page 2 of 23 2. Approve the Minutes of the November 1, 2022 City Council Regular Meeting 3. Frontline Subdivision Water Main Easement No. 1 4. Records Apartments Sanitary Sewer and Water Main Easement No. 1 5. Records Apartments Sanitary Sewer and Water Main Easement No. 2 6. Summertown Sanitary Sewer and Water Main Easement No. 1 7. Final Plat for Jump Creek South (FP-2022-0031) by Kent Brown Planning, located at the northwest corner of W. McMillan Rd. and N. Black Cat Rd. on Parcel S0428449525 8. Findings of Fact, Conclusions of Law for Allure Subdivision (H-2022- 0050) by Schultz Development, LLC., located at 5385 S. Meridian Rd., directly north of the half-mile mark on the west side of Meridian Rd. between E. Amity Rd. and E. Lake Hazel Rd. 9. Findings of Fact, Conclusions of Law for Idak Subdivision (SHP-2022- 0010) by Sawtooth Land Surveying, located at 840 E. Ustick Rd. 10. Findings of Fact, Conclusions of Law for Slatestone Subdivision (H- 2022-0039) by T-O Engineers, located at 2707 S. Stoddard Rd. 11. Subrecipient Agreement Between City of Meridian and NeighborWorks Boise for Program Year 2022 Community Development Block Grant Funds for Homeowner Repair Program 12. Subrecipient Agreement Between the City of Meridian and NeighborWorks Boise for Program Year 2022 Community Development Block Grant Funds for Homebuyer Assistance Program 13. First Amendment to Subrecipient Agreement Between City of Meridian and NeighborWorks Boise for Program Year 2021 Community Development Block Grant Funds for Homeowner Repair Program 14. Third Amendment to Subrecipient Agreement Between City of Meridian and NeighborWorks Boise for CARES Act Community Development Block Grant Funds for Mortgage Assistance Program 15. Development Agreement (Torino Locust Grove Subdivision H-2022- 0038) Between City of Meridian and Jeremy and Tara Rausch (Owner/Developer) for Property located at 870 S. Locust Grove Rd. Meridian City Council Work Session November 15,2022 Page 3 of 23 16. Resolution No. 22-2355: A Resolution Establishing the Reappointment of Dom Gelsomino to Seat 1 and Jennifer Bobo to Seat 2 of the Meridian Parks and Recreation Commission; and Providing an Effective Date 17. Resolution No. 22-2356: A Resolution Establishing the Reappointment of Megan Larsen to Seat 5 of the Meridian Solid Waste Advisory 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. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 18. Fiscal Year 2023 Budget Amendment in the Amount of $181,000.00 for Supervisory Control and Data Acquisition (SCADA) System Security Upgrades Simison: So, we will go into Item 18, Department/Commission Reports. First item up is fiscal year 2023 budget amendment in the amount of 181 ,000. Is this going to be Laurelie? Mr. Tiede? Both? McVey: Mayor and Council, this is a joint budget amendment paid for out of the Enterprise Fund, but the need arising from the interface of our SCADA system and the city's IT system. So, I will let Dave talk a little bit about the need. Tiede: So, over the years we have been working to -- with Laurelie's Public Works team to shore up cyber security things across the SCADA system and this was one of the things Meridian City Council Work Session November 15,2022 Page 4 of 23 that was identified a couple of years ago and is -- obviously, has a pretty large capital impact. So, we brought it forth as a budget amendment. But what it comes down to is really looking at how we can isolate our systems, SCADA being operational technology, and the rest of the city systems in the event of a crisis, so that SCADA will continue to operate seamlessly. So, that is per best practices, that is per guidance from our friends at the federal level, CISA, et cetera. So, that's what we are looking to do. It involves a lot of different infrastructure components, servers, networks, et cetera, and at the end of the day the systems will operate separately, but still be interconnected with the ability to isolate them completely if the need arises. Simison: And, Council, like he said, this was an item that was being considered for ARPA funding at one point in time and it was determined not to, so it was -- it's -- it's been in the works, otherwise, you probably would have seen it during the budget process last year. It is just fund balance from that standpoint. So, with that, Council, any questions for staff? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I assume that we need a motion? Simison: Yes. Perreault: Excuse me. Mr. Mayor, I move that we approve the budget amendment for fiscal year 2023 for the Public Works Department in the amount of 181,000 dollars for the SCADA system security upgrades. Strader: Second. Simison: I have a motion and a second. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, absent; Bernt, absent; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. 19. Discussion of Civic Block Time Extension Request Simison: Next item up is Item 19, which is discussion of Civic Block Timeline Extension request. Have this down for Councilman Hoaglun. Borton: Mr. Mayor? Meridian City Council Work Session November 15,2022 Page 5 of 23 Simison: Councilman Borton. Borton: Just briefly for the record I will continue to abstain, recuse myself from discussion or decisions on any of this action. Simison: Okay. Thank you, sir. Hoaglun: Thank you, Mr. Mayor. In your packet the discussion tonight is about the Meridian Civic Block project that MDC and --and city has entered into working on an MOA and we have a request by the applicant and a letter -- it's in your packet dated October 13th requesting a time extension for that. MDC has taken up this issue. I was at the meeting. I -- I didn't vote on that, since I'm on the Council and knew it would be coming to this body, but I did hear the discussion and they -- MDC Commissioners have come up with a recommendation for that and that is also in a letter to the Council dated October 31 st and so we can wade through the details. I think Mr. Lakey is going to be presenting and -- and talking about this and -- and going through that and I think he is prepared for questions, along with Dave Winder, our chair, and -- and Ashley Squyres. So, I think, Mr. Mayor, that's -- we can get rolling on that. Simison: Okay. Mr. Lakey, thanks for joining us. Lakey: Mr. Mayor and Council Members, for the record my name is Todd Lakey with Borton Lakey Law, 141 East Carlton Avenue, Meridian, Idaho. And I serve as legal counsel to MDC. Council Member Hoaglun already introduced our Chairman Dave Winder and, then, Ashley Squyres, our executive director. So, Mayor and Council, I'm not here to advocate on behalf of River Caddis. I'm here to present our recommendation -- our board's recommendation to this Council and I thought I would start out just with a little bit of history to refresh everyone's memory on what got us here and kind of where we are. The RFP for that Civic Block Project was issued in the summer of 2021 with a due date in August 24 of 2021. We -- we received three responses to that RFP. We conducted interviews. There was a committee meeting that was in October of that year and the committee recommended River Caddis. We had a joint City Council-MDC board meeting. There were presentations from two of those entities in December of 2021 and, then, River Caddis was selected. We had initial meetings with River Caddis to kind of talk about moving forward in February of this year and, then, we proceeded to negotiate the memorandum of agreement and that involved the city, MDC, and River Caddis. That was completed and negotiated in April of this year. Then we negotiated the purchase and sale agreements. There is a purchase and sale agreement between the city and MDC and MDC and River Caddis and that was completed in July of this year. River Caddis' proposal, as contained your packet, they are -- they are requesting an extension. Their initial proposal -- they estimated in their response timeline that was included in their proposal, they estimated selection in October of 2021 and, then, they would commence site work nine months later, which was approximately July of 2022. But it took, essentially, six months longer to negotiate the memorandum of agreement and the purchase and sale agreements between MDC, River Caddis, and the city. So, that was kind of a joint effort and delay. But with that, if you -- if you stayed with the nine month timeline that was Meridian City Council Work Session November 15,2022 Page 6 of 23 initially in their proposal -- if it's nine months from the MOA that would have been January of '23 commencement. If it was from the purchase and sale agreements that would have been April of '23 for commencement. So we have the memorandum of agreement and the purchase and sale agreements that are in place. The memorandum of agreement requires that both the purchase and sale agreements and the owner participation agreement -- I will use the term OPA just to keep it shorter -- are to be negotiated and executed by December of this year or that MOA terminates automatically. So, the owner participation agreement or the OPA is the document with MDC that relates to the project and that spells out what they are going to do. It spells out their timelines and it spells out their reimbursement for the public improvements that are covered. We already have the purchase and sale agreements in place, so it's -- that owner -- excuse me -- the MOA that's requiring that OPA be completed by the end of this year. The purchase and sale agreements that we have they have built in a due diligence period that started as 180 days and, then, there were three 60 day automatic extensions. So, that puts us out to a June -- approximately June of 2023 closing. So, that's what we are looking at under the purchase and sale agreements. The due diligence largely is in the discretion of River Caddis. Our ability to terminate is, essentially, based on default and, then, there is some financing provisions that are the basis of MDC's ability to terminate. I will just hit the high points of our recommendation and decision. MDC was willing to pursue renegotiation of the MOA and the purchase and sale agreements with some caveats and that's our recommendation in your packet. The MOA is a joint agreement, so all three of us have to agree. The purchase and sale agreements are tied together, so, essentially, we -- we need to be on the same page with those as well. But our caveats were first that the Hunter Lateral, which has been kind of a major component in kind of wanting to be completed, even if this project doesn't go forward, because it makes the property more desirable for potential development, that that be completed during this offseason before the water comes back in. So, spring of 2023 and that would be a requirement that they move forward with that, that the city and MDC would have an opportunity to review the projected cost and approve that and if that's approved, then, they move forward and even if the project doesn't move forward, they still -- they could get out of the project, but MDC and the city would negotiate how to reimburse them for that cost. Right now under the agreements if they get out of the agreement and pursue that Hunter Lateral, then, the city is primarily the one that would reimburse them for that cost. In the purchase and sale agreement we wanted a specific date certain for completion of the due diligence, which is the evaluation of the viability of the project. We didn't want that to be drug out for a full year. We recommended a date certain of June of this year, essentially, thinking that would be long enough for them to figure out whether it's viable or not. The one year would apply only to the closing and then -- but also to the commencement of the project and, then, there was some brief mention of a potential change discussion regarding the project itself and we feel if that was a discussion and there was a significant change made to the project, then, that would need to go back out for RFP and we would need to put these agreements aside and, then, we wanted a specific timeline for that to occur to propose changes to evaluate whether they are significant or not and accept them or reject them and, then, also an agreeable timeline for completion of that OPA negotiation and completion and execution. So, with that, Mr. Mayor, Council Members, that's MDC's Meridian City Council Work Session November 15,2022 Page 7 of 23 recommendation. Again, I would be happy to answer questions, but this does have to have all of us on the same page or we stay status quo. Simison: Thank you, Mr. Lakey. Council, questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you very much for going over that timeline. That was exceptionally helpful and answered a lot of questions for me. Has River Caddis responded to MDC's letter? Lakey: I think -- I will -- I will look behind me in just a moment, but I think it's been a verbal response that they are on board. So, yes, Council Member -- Mayor, Council Member Perreault, the -- we have not received a written response, but verbally we understand they are okay with the -- the caveats that we have. Perreault: Mr. Mayor, one more question? Simison: Council Woman Perreault. Perreault: Thank you. Do we have a recent estimate of what a reimbursement for Hunter Lateral would be and what would be the expectation? Ashley is shaking her head no. Lakey: Mr. Mayor and Council Member Perreault, the last one we had I think was that two million that we all kind of looked at and went, uh, that seems to be a bit high. I think their proposal for the extension talks about going back and continuing trying -- trying to refine that number, but I don't -- we haven't received one. So, we have not received a definitive number back. That was part of our caveat to make sure that we got a better number and agreed on it before they proceeded. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks. This is really helpful. I guess I don't -- I don't really have questions. I have a lot of comments. Maybe one question -- I think Councilman Hoaglun actually confirmed for me in an e-mail in an indirect way, but I really wanted to understand the timing of -- at what point during site work the community center is no longer available to us. Lakey: Mr. Mayor and Council Member Strader, I -- I believe there was an opportunity to negotiate that time frame in that agreement, with the understanding you may need it and they were going to calculate when ground was actually going to be broken. But I don't Meridian City Council Work Session November 15,2022 Page 8 of 23 think we have a definitive time frame. I'm looking to see if my recollection is correct, so -- Strader: So, my understanding from an e-mail with Council President Hoaglun was that the completion of the Hunter Lateral by itself would not render the community center -- Lakey: Unusable? Strader: -- unusable. Lakey: Mayor and Council Member Strader, I believe that's the case. Strader: Yeah. So, let's assume that that's true, but that doesn't really remove my other concerns. I guess if it's okay-- I don't really have questions. I just have sort of comments. but I think the biggest issue that I have is that at the time that we entered into negotiations with River Caddis, the increasing construction cost environment -- that trend was known. Maybe not the extent of the trend or the acceleration of it, but that was known. The illiquid financing environment was known. I know it was, because I mentioned it. And the increasing interest rate environment was also known. And so I view those as macro level contributors to the reason that this project doesn't pencil for them right now. The biggest issue that I have is that they believe they need a time extension to figure out if it's viable or not, but it's very clear to me that they do not believe it is viable now. If it was viable we would be moving forward. They made a comment in their letter about changing the project that you alluded to. I find that of great concern and so the biggest issue I have with this compromise is that we are potentially taking on a large financial obligation for the city that we don't currently have today in exchange for a one year time extension for a developer when the things causing the project not to work were known and I don't see anything -- at least that they have indicated that leads me to believe that they will come to a different conclusion after that time extension. So, I'm really struggling with it. I'm also struggling, because the trend that impacts them impacts the construction cost of our replacement community center and so the longer that this goes, the costs for our new community center that we will need one day go up at the same time and so, you know, I -- I'm not supportive of an extension personally. I think it's a mistake to grant it. I think if -- if they really thought it was viable, then, they would be willing to take on more of the financial obligation around the Hunter Lateral site work. If they were willing to do that, if they were willing to absorb some financial cost and put some more skin in the game that would not be reimbursed by the city if they walked away that would be more meaningful. So, that's just where I'm at. Simison: Council, additional questions or comments? Hoaglun: Just a comment, Mr. Mayor. Simison: Councilman Hoaglun. Meridian City Council Work Session November 15,2022 Page 9 of 23 Hoaglun: You know, I -- I just -- to kind of weigh in and just looking at the lay of the land if you will, you know, back in -- in August Boise Dev reported and the Statesman picked up BBA had delayed -- they said for six months construction of their 13 story building down -- two tower office down in -- in downtown Boise at North 4th and West Idaho and, you know, CEO Tommy Ahlquist at the time was saying, hey, the margin for doing this it just keeps going down and the risk goes up, because the costs keep going up. We are just being responsible partners with our dollars and --and these are folks who know Idaho, who -- who understand the market, who have probably fairly deep pockets, but they are looking at the costs and the risk and going not now. Oppenheimer, same -- same thing. It's just a -- their 27 story -- they -- they went from 28 to 27 and that and, then, they talked about, well, we are going to probably make changes to that project as well and so -- and they hope construction could begin this fall. Well, guess what, nothing -- nothing has been dug. So, I mean it's not one solitary entity saying, oh, we got this project in Meridian, we don't want to do anything right now, because we can't make the costs work. I mean this is where we are in our economy at this time. Now, do we go into recession? Does inflation continue? Is it a V-shaped recession, U-shaped, we don't -- we don't know and I think that's putting a lot of people on pause. So, I -- I don't think the -- the request is out of line to -- to take a pause. I think it's just a -- a business decision to do that, along with many others who are doing that. The Hunter Lateral we have talked about does need to be done -- it's either now or later. We prefer now and it's going to be done by -- by somebody and we prefer now just because -- even if -- if the River Caddis was to walk away from this project, it would still need to be done now, so if we rebid it's ready to go with a -- a clean -- clean ground. So, that's something that I -- I think is -- is fine to say, hey, you have got skin in the game, you can come in and -- and do that and need to work that out. One year extension that I think is fine. The due diligence purchase is good. I -- I do have a question for you, Todd, regarding item number four on -- on modifications and trying to go through mentally how that would work, because if we -- if we say, well, we could --we could say, well, we aren't going to decide on if we are going to extend until we know what you are proposing and so -- I mean that is an option. Otherwise, do we have to extend -- say, okay, we will give you the time extension, but, then, we want to talk about this and if we aren't in favor of what they are proposing, then, is there a way to terminate the agreement then? So, that -- it kind of -- if you can walk me through scenarios or the option or how -- what that looks like. Lakey: Mr. Mayor and Council Member Hoaglun, just so I understand when you say item number four, it's -- it's our caveat number four where if they are going to propose some change? Hoaglun: Yes. Lakey: See, the -- the way that could work would --would be, obviously, to put some kind of time frame around that. You come forward with a change by a certain date, you have the opportunity to review, we all have to agree that it's not a substantial change and approve that and if that doesn't happen, then, the opportunity would exist to terminate the agreement or them to move forward as whatever the status is of those agreements at the time. Meridian City Council Work Session November 15,2022 Page 10 of 23 Hoaglun: Okay. Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. So, Todd, what I'm hearing is there -- there is a way forward on that however we decide to -- to do it, so -- and that's -- you know, because a change can be significant and it might not be what we or MDC wants to -- to see happen. But at the same time I think it was River Caddis that had proposed the community center there and we said, no, we decided -- we changed our mind on that and let's make a change and they came back. So, the one -- one thing that gives me pause on saying, oh, they want to make a change, they are asking for extra time -- time extension. Nope, we don't want that. We are moving on. What does that make us look like to other potential partners? I mean we know that the way the landscape is will we even get an RFP or RFQ for -- for this site? It took a while to get the two last time and maybe there will just be one. That's fine. But is there going to be a longer delay? Is there going to be negotiations say, yes, we aren't going to start until 2024 and those types of things because of the market. So, what has that gotten us? But -- but -- and, then, to go back to that point about are -- are we going to be viewed as a partner that's not real trustworthy. We worry about trust with our partners and I think that's how we have to view it. This is a partnership three ways with the private sector, MDC, and -- and the city. So, are we being reasonable? Are we being reliable? Are we exhibiting a way to be good partners or are we going to be deemed a little bit -- a little dicey when you go into a partnership with the City of Meridian? I -- I don't know. So, that's -- that's -- that's a concern I have about just saying, eh, we are going to start over. Time extension and possible changes? Nope. Going too far. Well, the way the market is I didn't think that was unreasonable, so -- anyway, just -- just my thoughts on that. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I think those are really good thoughts. I mean the -- the biggest thing I'm concerned about is the sub cost fallacy; right? I mean we put a tremendous amount of time and effort into this and that's not insignificant. So have they. But at the same time a few things have changed that we do know. We have I think all individually at least or on some kind of basis discussed with Steve Siddoway his thoughts on community center and the cost of that are astronomical and I -- I'm -- I'm looking at this like -- I don't think the alternative is an RFP again. I think the alternative is this is the site of the existing community center that we have and it may be something that we need to make do with, renovate -- you know, we may be settling for something that's a little bit less than what we originally anticipated. I think if the financial obligation -- if this was a shorter -- if this was a short-term extension, because they thought they could renegotiate some of their costs and they had real clarity on changes to the project and the financial obligation to the city was something that was not two million dollars -- could be less, but not something in the order of magnitude of two million dollars, I might be more open in the spirit of negotiation and -- and partnership. But, again, I don't -- I don't think this is just falling on Meridian City Council Work Session November 15,2022 Page 11 of 23 us. You know, they were pretty emphatic in meetings with me that they have never walked away from projects and that during the recession they honored all of their obligations and I understand they are not legally obligated at this point to fully produce the project, but some of the issues that are in the background that make this project unviable were in the background at that time and so that's why I'm having a hard time. I -- I don't think -- because we put so much effort into it that sticking with it for purely the reason of economic development is a sufficient mitigant to move forward. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Council Woman Strader raised something that's very intriguing with the -- with the community center being there and that -- that -- in that location. The only thing is that -- then that I would want to have discussions with MDC, because being in an urban renewal district and the tax implications and the revenue income that's expected and all those numbers that have to pencil out to make everything work that we would have to make sure if that was a city site what -- what in the world does it do to all that. So, that's a -- that's a way bigger conversation that -- that could be had and is that one we take up now before any decision on this. Simison: And if I could just weigh in. I mean I'm not going to say it's never crossed my mind, but I can say I have never had a conversation with our parks director about this being -- at least in the last year and a half, two years about this being the location for a community center. So, maybe you all have had that conversation. I have not. So, I would definitely want to have that if that's the direction the Council is wanting to explore from that standpoint. But Steve and I have not talked about that. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Fair enough. Steve has not proposed that to me. I'm mentioning that because that's the bird we have in our hand; right? Like that is the community center we have today, as inadequate as it is, that -- that's what we have. This is the dirt it's sitting on and I -- I don't disagree that we should have a discussion about the urban renewal and et cetera, but the more I get into this the -- the more regrets I have. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you to my fellow Council Members for clearly explaining some of the pros and the cons and -- and bringing up the pluses and minuses on this. I think you have -- you have both shared those well. I -- I have similar concerns as Council Woman Strader and for me what -- what I would like clarity on -- the purpose of this discussion is Meridian City Council Work Session November 15,2022 Page 12 of 23 -- I agree with Council Woman Strader that there were a lot of general knowns. Maybe not specific knowns to the applicant, but there were general knowns and -- however a lot has happened in the last year since their application was submitted and the interviews were done. What I don't understand from the letter that they provided is what -- what was the most weighing factor? Is it time? Are they not getting --are they not getting responses from their subcontractors at all? Are they getting responses and they are not what they expected? Or is it a cost issue? Because I personally-- I have many relationships, clients within the construction industry who would agree that costs have gone up 25 plus percent in many arenas, but the 77 percent I'm not understanding -- and I don't know what the time frame was that they are talking about from when they did their initial proposal for their project downtown -- that was really four years ago. So, I -- I want to understand what is the weighted factor for them, because maybe we are not even having a discussion about what their true concerns are. Lakey: Mr. Mayor -- Mr. Mayor and Council Member Perreault, that's not a discussion that I have had, but Ms. Squyres is here, perhaps she can provide a little more color to that. Squyres: Good afternoon. Ashley Squyres from Meridian Development Corporation. have had that conversation with John and his father Kevin. So, when they put the proposal in they were estimating this project to be 60 million dollars. Now, how that number came to be about who knows. And, again, it was based on a project that ultimately we didn't approve, you know, with the community center. So, my understanding -- how it's been explained to me when they came to me in late July and said we have been trying to cost this out and it's coming in -- the numbers are coming in around 90 million. My response was based on what? Because all we have is a schematic. We do not have construction drawings. They have not started on those. The other concern I had -- and I have been very blunt with them -- probably maybe too blunt in some instances, but -- but the purpose is is they have a design build firm that is based out of Minneapolis that has been doing -- or obtaining all of the numbers for them. My comment back to them was so let me understand this. You have an out-of-state firm for an out-of- state developer asking for numbers based on a schematic design. These are not real numbers. Period. They are just not. Same thing for the Hunter Lateral. The schematic came in at two million. Now, granted, those construction drawings are finished at this point. We have been going through the process with ACHD and Nampa-Meridian to get the final approvals. We think that number is most likely going to come down. We have -- I have alerted John and Kevin from River Caddis that it would most -- it would be to the benefit -- benefit to have the Land Group, who is the civil engineering for that portion of the project, go out to bid. So, we have just been waiting on getting those final approvals to get that number. We do believe that number will most likely be closer to about a million, million two. So, we will wait and see where that actually comes in, but that's how the math has been generated thus far. It's really not based on anything in reality at this time. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Meridian City Council Work Session November 15,2022 Page 13 of 23 Perreault: So, Ashley, what have they said about -- I was of the same understanding and that's been a concern that I have expressed to them personally and also to my fellow Council about the out-of-state -- that they are out of state, that they have a firm that's out of state that's getting -- collecting numbers and that may or may not be engaging with local companies here that -- that really truly specialize and understand what the needs are and how to hone down on those numbers for them in a way that -- that is in -- in a correct time frame. Do you think that they have -- that they can get there in 12 months and what are they doing differently in how they are collecting information on the costs than what they were doing before? Squyres: I do know they are drilling down, Council Woman Perreault, and they are working with -- like I said Land Group especially on the Hunter Lateral portion. I do know that they are working to get better numbers and they are -- they are working on that. But the problem is we do not have design drawings yet. So, everything is still based on schematics and until we get to that point of having CDs, it's just a guesstimate at this point. For example, they gave me a -- a cost per space for the structured parking of 62,000 dollars per space. That is not even close to what is being seen throughout this valley at this time even with current projects. I have spoken to my counterparts at CCDC and the city of Caldwell who are doing parking structures right now. Those numbers are coming in the low to mid 40s. In fact, we just negotiated an OPA with Galena for Union 93, the first phase, and it was roughly 42,000 per space. So, the 62 is -- I think that's just an indication that the numbers are way off at this time. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: While Ashley is up there, question, Ashley. You know, this idea about a community center being located at that site instead, off the top of your head any -- any thoughts about, whoa, I mean this is just kind of thrown out there, but does that -- I'm sure that has an impact some -- some which way. Is that something we need to explore further? Squyres: Mr. Mayor, Councilman Hoaglun, I have mixed feelings about the community center, just to be completely honest, because it does take that property off the tax rolls for us. But if it's designed appropriately into the project I think we can make it work. The challenge will be the parking and where do we put that parking and, again, that's just going to increase the cost of the project overall and, you know, the impact on -- on River Caddis ultimately to be able to deliver that parking, unless the city has the ability to provide some funds in that sense. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. It was my recollection when --when we were designing the RFP process we needed a private entity to build something that could include the community center, Meridian City Council Work Session November 15,2022 Page 14 of 23 so we would have the parking and, then, they would include that, because they can have the return on -- on the rest of the -- whether it's business or apartments, that sort of thing, to -- to make that work, because we don't have the funding to make a big parking garage. Squyres: Right now as the project stands and as it's -- as it is designed, it includes about 85 public parking spaces that are not tied to any commercial or residential parking requirements. I don't know if that would be enough for a community center. I -- I simply don't know. I have heard the numbers that Steve has thrown out in terms of the size of a community center that he would like ultimately, but I don't know if you could retrofit all of this in and -- and the other thing to keep in mind is, you know, the more parking we need to include in the project the higher the project goes up and right now we are at eight stories. Simison: Well, Ashley, I don't want to speak for Councilman Strader, but I'm going to. What I heard was a community center in lieu thereof. No River Caddis project. So it, would be -- it's not an addition into it, it's -- that project goes away. Only a community center on the property. Squyres: That would be detrimental to downtown, to be completely honest with you. Our geographical footprint for downtown is very very small. That takes away a very key block that has always been envisioned to be a mixed-use project of some sort. To take that away it will damage the Union District as a whole. It takes away our ability to fund a festival street on 2nd Street and to activate truly our downtown the way that we envisioned. If it's part of a project I think that's a different conversation, but I think to completely do away with the mixed -- excuse me -- mixed-use project, that would harm downtown in my personal opinion. Hoaglun: Yeah. Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Ashley, sorry, I wasn't clear on that. That was in lieu of. That was -- the idea was to do away with that and just make it a community center and -- Squyres: My apologies. Hoaglun: -- and that -- and -- and that's why I was curious about the tax implications and the funding and all that stuff and I think you laid it out fairly -- fairly clearly there, so -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I think that it begs the question of if this falls apart and this project doesn't happen and no project happens and we have created an urban renewal district, what will happen? Meridian City Council Work Session November 15,2022 Page 15 of 23 Squyres: Mr. Mayor and Council Woman Strader, we do know we have a developer who is willing to step up, who -- if we were to go back out for an RFP. They have come to us, they said, you know, if you can make it work with River Caddis that is great. If you cannot we are willing to put in a proposal and we will do a project. It will not be the project that River Caddis is proposing, it will be a different project, but we are willing to step up and do a project for the civic block. Strader: Yeah. That wasn't -- but that -- sorry. That wasn't really the question I was asking. So, we have a community center today that exists. We created an urban renewal district. It's not really being fully utilized. How do you unwind that? Can you dissolve it? How does it work legally? Squyres; Mr. Chair -- Mr. Mayor and Council Woman Strader, that would do harm to the Union 93 project. We have financial commitments to that project that is part of the Union District. You also have the Union District that takes on part of the block that is bounded by Main, 2nd, Idaho and Broadway that we have financial commitments to right now as well. Strader: Mr. Mayor, if you don't mind? Simison: Council Woman Strader. Strader: Yeah. No. I appreciate you saying that. So, if -- let's say that this project isn't viable. Let's say -- it would be great if, you know, the folks next door could step in and do something we all really like. But let's say that we don't like the proposal or the conditions in the market make it so that there is no viable proposal. So, we will have an urban renewal district that we have been creating -- you have created. We have the financial obligations you just outlined and we will have an existing community center on an underutilized piece of dirt in downtown. What will happen? Squyres: Eventually, Council Woman Strader, Members of the Council, eventually the market will correct itself. The Union District was established in 2020. It has a life cycle of 20 years. So, we are two years into the district. So, to say that we have -- we are not going to create something in the next two to four years is not detriment -- not completely detrimental to the district. It still allows viability for a project to move forward in the future. Strader: Mr. Mayor, if you don't mind. Simison: Council Woman Strader. Strader: Sure. Yeah. I understand. But I -- I guess what I'm asking is let's say there is no development on the community center site and the rest of the urban renewal district's been created, you still have those other projects that are part of it, how -- how will -- do you need to model it out to see what would happen? I'm just curious what would happen. Like do we think that without the development of this specific block the entire district is underwater? Meridian City Council Work Session November 15,2022 Page 16 of 23 Squyres: Mr. Mayor, Council Woman Strader, we only reimburse for improvements for the Union District what is collected through their tax increment, so it will not be underwater. What it will do is it will hamstring our ability to do the public projects that were envisioned for this area. Strader: Right. And so to be specific about those public projects, if you don't mind listing them, so, obviously, we wouldn't get the things that were attached to this project; right? Like the Festival Street. What other improvements would not occur? Squyres: 3rd Street would be -- and Broadway as well. The -- the frontages, the streetscapes surrounding this. 3rd Street, as you may know, is a major collector that is slated to eventually connect Fairview to Franklin. We have not finalized the whole list of projects for this district, because we were waiting on this project. As you know, we have been negotiating with two different developers over the last two and a half years to make something happen on this block. Strader: Yeah. And -- so, Mr. Mayor, if I can -- Simison: Council Woman Strader. Strader: -- rattle on a little bit. And so -- and I'm just trying to push on where the constraints are, because, you know, it -- it sort of begs the question. Okay. You know, if this project is not viable, but, then, we can engage in a different RFP maybe with local developer to -- are you? Okay? I'm sorry. Okay. Oh, I'm sorry. I didn't realize that. Squyres: All right. Thank you. Sorry about that, guys. Strader: No. No. I'm -- I'm sorry. That's terrible. So, if-- okay. So, if-- If we -- if we feel like conditions aren't going to give us a project that we like and, then, we decided to RFP community center, expand like -- either big expansion of our community center or replacement or whatever on that piece of property, do you feel like because it's only a community center that the same adverse effects would occur, because you wouldn't get the same tax increment or how does that -- how does the change from mixed-use to -- to dedicated municipal properties sort of -- does it have that same impact? Squyres: I'm not sure if I'm completely following the question and I apologize. I have, obviously, misunderstood you several times today and I -- Strader: No. You are fine. Squyres: Are you -- are you talking about as part of a mixed-use project or just stand alone at this point? Strader: Either way. I mean -- Meridian City Council Work Session November 15,2022 Page 17 of 23 Squyres: Like I said stand alone we -- obviously we get no increment whatsoever. It precludes the development of the rest of the -- rest of the block. There is just not enough room left to be able to redevelop, especially with COMPASS, VRT will remain, Unbound will remain, it just leaves the parking lot. So, that's a challenge for us. If it's part of a project, a mixed-use project and built into what we initially envisioned, then, it doesn't have the impact that way for downtown. Strader: Right. Squyres: And I think it can work as a hybrid with public-private partnership. The biggest challenge we had was just trying to accommodate what Parks envisioned for their grand master plan, in addition to all the parking -- the site is just -- it's pretty small. That's the -- that's the problem that we just kept running into. Strader: Yeah. Squyres: But if that's the direction the Council would want to go in order to move forward, I think we could reopen that conversation. I'm looking at legal counsel now saying is this a change to the RFP decision that we have made. Strader: I don't know, Ashley. I'm just talking out loud, because I -- like -- just not to like overly simplify it, but from where I'm sitting the -- the challenge is we are giving up our existing community center and the same issues around increasing construction costs are going to impact us either way, but we are not getting, you know, the project that we wanted potentially is really how I read their response. I guess I -- you know, I'm -- we don't have the full Council here, but I think we could get some feedback on the record from one other Council Member. I mean in the -- in the spirit of like how much work's been put in, if people wanted to explore how much it is to -- really how much it is to redo the Hunter Lateral and get more clarity around that, I -- I'm okay with kind of like letting this bob along for a bit to find that out. I just -- I have -- in principle I have an issue with taking on a pretty large financial obligation when there is just nothing coming from the developer that gives me any certainty that a time extension is going to solve the issue. That's really where I'm coming out. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Just one more quick question. So, Ashley had said that if a -- the design has not been done and that was -- I pulled up their original timetable and it looks like that was slated to be kind of the third -- the third part of their project, preconstruction entitlements and design. Where does that push us -- push our timeline? Obviously, they are not going to invest the expensive design until there is some other -- there is some other elements that happen and I assume executing on the purchase and sale agreement was one of those and so, then, if we have this, you know, situation where we need the drawings to get the correct estimates, we have this chicken and egg situation, is that something, then, Meridian City Council Work Session November 15,2022 Page 18 of 23 that they could -- that -- that we could request that they move up in their process timeline and, then, is -- is -- is that part of -- does MDC want to put a deadline in our response to them for those design documents, so that we can get some accurate numbers? It just -- you know, I'm -- I'm -- I'm really very concerned that we will be a year out and we are going to have the exact same conversation about this. It's too expensive to build and now we are a year later, there is a lot of changes that are going to come in the next year and we really have not made any progress in terms of this being viable. I just -- I know we don't -- I know we are not going to get all the information right now and we can only make the decision based on what we have, we just need to know from you what it is we don't yet know, because we haven't had individual conversations with them. Squyres: Mr. Mayor and Council Woman Perreault, I think with the requirements or the recommendations through MDC that they start -- begin construction within that one year time frame, that they are going to be required to have their construction drawings in order to be able to start -- to meet that requirement. So, I think that's already included without being said specifically, but I understand your concern. Simison: So, Council, you know, we have had a request to wait until we get, you know, the rest of the Council back. I'm not sure when we are ever going to have them all back. You know, maybe we just ask Joe and he's going to be gone, since he recused himself when we choose that one for the conversation --just -- you know, I just -- I'm not sure we are ever going to have all five of you in the near immediate future here. I don't know that for a fact. I don't know if the clerk knows. So -- and I don't know what the timing is in terms of when MDC truly needs an answer on this topic. You know, I'm just going to speak for myself from my -- you know, I probably have had the limited interaction with River Caddis compared to others. I have found them to be focused on getting the project done. I found them to be truthful and honest in my conversations with them. There is a lot of things that I chose not to do based upon the cost of things in my life and have put them off and I don't blame others for making similar decisions. The Hunter Lateral -- I -- I kind of look at it this way. If we were to say we are not going to do it and -- and throw it out there, I don't think the city can do it in the time frame. I think that that -- I don't think we -- we could go out to bid and get somebody in under our RFP time frame, that it could be done this year. So, you are looking at not even being able to do that until the following year if it becomes a city responsibility for anything on that -- on that property to do it. You know, I have had issue with two million and I have issues with 1.2 million, to be honest with you, you know. I -- I still think that that's a very high cost, you know, personally, but I have not been out looking in the construction market for, you know, what -- what that means. But I -- I -- I'm under the viewpoint that we should -- should continue to try to work with them to accomplish these goals, because one way or the other I think a lot of the stuff that is going to need to be accomplished, if we want to see redevelopment of that property of anything. Now you, could say we -- we do the property without somebody else, we put out the RFP, the property is more valuable then. Once -- once you do the Hunter Lateral it's got a higher value, you know, because it's now more developable from that standpoint. So, there are costs and benefits. But open to whatever direction the Council wants to go, but it's my hope that we continue to try to move forward, because, otherwise, I think we are delaying ourselves by at least a year on top of not moving Meridian City Council Work Session November 15,2022 Page 19 of 23 forward. Even if we move forward and they accomplish this, I still think we are back to where we would be irregardless on the back end. My two cents. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: At minimum I -- I really would just like to get a response from River Caddis on the letter that was provided and I imagine they will watch this meeting and any questions that they can answer from this evening and the letter that -- that MDC has sent, I would -- I would like to hear that response for myself before I make an official decision on an extension. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I --to be comfortable moving forward with any solution that looks like this, I would need to know a better estimate on the cost of the Hunter Lateral. So, that's a gating item and, you know, if -- if in the response that Council Woman Perreault has mentioned, you know, they want to look at what -- what they are -- you know, what skin in the game they are going to put into the Hunter Lateral, I think that would be helpful as well. I take your point, Mr. Mayor. I -- again, right, it's -- it's taking on a financial obligation that we don't have today and I just -- I think it's irresponsible to agree to -- to reimburse for it when we don't have any reasonable cost estimate and two million dollars is unreasonable to me and I don't feel like the benefit we get from giving a one year time extension is worth two million dollars at all. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I -- I think one of the things that we also need to make sure we understand is if they want to make changes or -- I guess the changes -- the plan was good and we took out the 20,000 square foot community center, so we knew that wasn't going to work. But what changes would they make now that -- would we find those acceptable? I mean that might be something that we don't find acceptable. So, I think having that discussion early on in the process before we make a final decision might be the best way to go. I think it also gives MDC a time to look at things like, okay, here is really why a community center at this site would not work, just a full -- fully functioning --Ashley, you laid out some things there, but I think just to be able to have time to think that through and reinforce the vision that we have for a vibrant downtown core. So, I -- I -- I think that's just some of the things that we need to do. So, I think we need to take a pause on making a decision on this and is there any idea, Todd -- actually, Dave, what -- what type of time frame would be acceptable, doable, to kind of -- and -- and I -- I would invite, you know, River Caddis to also -- when it comes back to us to comment. I would assume MDC would have the Meridian City Council Work Session November 15,2022 Page 20 of 23 discussions with them about potential changes to the project, but, then, also to talk about schematics versus design and what that looks like and those types of things. Lakey: Mr. Mayor and Council Member Hoaglun, I will start and -- and if Ashley has some comments she can chime in as well. But this is -- as I mentioned at the beginning a cooperative effort. We all have to be on the same page and we have some of those caveats that we wanted. If the city has some additional caveats that's your prerogative. We all have to be at the end of the day on the same page on those things. So, if you have some other items I think that's within your prerogative and appropriate. I think we could probably get a response back from River Caddis pretty quickly as far as their explanation and -- and Council Member Perreault, the -- their responses to some of the issues that have been raised. But even our approval was approval of pursuing renegotiation, not just an approval of a one year extension, and so that will take some time to figure out what -- what that looks like, what you -- what additional items you may want. The hard deadline we are facing is the end of the year for exploration of the MOA and, you know, we are all running into the holidays and whatnot. So, it's probably in all of our interest to figure out what and if we are willing to move forward as soon as we can. But totally understand your desire to have some response and have maybe some input from other Council Members. So, that -- that would be my response. Ashley, I don't know if you have anything else. Squyres: No. You covered it. Thank you. Hoaglun: So, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I -- I would propose there is not an ordinance or anything before us, but just propose that we continue this discussion to a time certain and we can work with MDC and -- and River Caddis and -- and folks -- the Council as well to -- maybe there is some additional things that you want to put forth that you can work on and, then, we can meet again and -- and have a -- have a further discussion and -- and, hopefully, come to -- come to a decision and -- that all parties can -- can agree to, so -- I don't view this as a waste of time, it's just part of the process and -- and we will -- we will get there. Simison: Okay. Lakey: Okay. Thank you, Mayor. Simison: All right. We will -- we will try to get this back on, honestly, next week. I -- don't know who all is here next week or if River Caddis can be present, but I think in order to try to meet the end of the year time frame with the meetings we have, I don't know that we should be putting it off more than a week at a time. At least if -- if that's our time -- time frame, so -- Strader: Mr. Mayor? Meridian City Council Work Session November 15,2022 Page 21 of 23 Simison: Council Woman Strader. Strader: Is it realistic, though, to get a cost estimate on the Hunter Lateral. That doesn't seem -- I'm just -- that doesn't seem realistic to me and that -- for me that's like -- Simison: Is that the only issue you have? You have nothing else from River Caddis that you would like to hear or -- Strader: Oh, I would love to hear from them. I probably have so many questions for them, but yeah. Simison: But as far as we can -- Strider: Okay. Simison: I don't know that we are going to get a good number until someone goes out to bid on it. Strader: Yeah. Simison: And I don't know that anyone wants to go out to bid until they know that -- who is paying for it one way or the other. I -- I don't know if that's --those are the conversations which are a little bit of a question mark and I don't even know if we go out to bid to get it done by March 15th. I assume that's our date that we have to have it done by. I -- I don't know if you can go out to bid in January and get something done by March 15th, so -- to be -- to be continued as quickly as we can for whatever we can moving piece by piece. 20. Community Development: Analysis of Housing Code Simison: Council, we are at 5.30. What's your pleasure for this next item? Mr. Hood, don't -- is your presentation 20 minutes? Hood: Mr. Mayor, Council, I can scale that way back if you want to spend the next ten minutes or -- or 15 or whatever you want or we can look at another -- another date. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: As you know I have -- I have been working with Caleb on this for a while and I -- I really don't want to have a really short meeting in which we don't get to fully get through this list. At the same time we have really been wanting to get this on. Caleb and I have been working toward getting this on the calendar for a few weeks now and for no other reason than there has just been a lot of delays that -- that have -- don't have to do with this, but that being said, if it's possible to move it to the regular meeting or -- I, unfortunately, may not be here next week and so I just want to share those if -- if we are Meridian City Council Work Session November 15,2022 Page 22 of 23 making a decision about whether we are going to -- but ten minutes is not going to cover it. Caleb, would -- would try with all earnestness, I know he would, but it's not -- Hood: Ending up we can go fast. No. But -- Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: With the meeting tonight where we have got a -- one agenda item that's going to go very very long tonight. There will be a lot of people testifying, so if that's the only downside of -- of moving this to -- to the regular meeting is -- is that fact. So, I mean -- and next week -- if Council Woman Perreault is gone next week, we will -- we will do it the next -- first available meeting that -- that we can, if that's -- Hood: I will get with Chris and Council President and the Mayor and we will figure out another date, so -- I would just -- if I may, Mayor. I did put a memo in your packet. I don't envision that changing too much. I'm going to, essentially, work from the memo and -- and the list that is attached. So, if you could review that -- maybe you have already. That's great. I appreciate that. But that's, essentially, what will make the -- when we do discuss this go even more efficiently. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I could likely make a work session next week. Not sure about the regular meeting, but if we keep it on the work session I will be here. Hood: Mr. Mayor. Sorry. I'm out of town for Thanksgiving next week. I didn't say anything, because I didn't think it was a potential, but I can remote in. If we -- if we absolutely have to I can remote in, but I will be out of -- out of state. Simison: Okay. Well, we will look at opportunities tomorrow based on this and -- and the River Caddis, quite frankly, because I don't know the next River Caddis conversation is going to be quick either, so -- Hood: All right. Thank you. Simison: All right. Thank you, Caleb. Strader: So, Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we adjourn the work session. Meridian City Council Work Session November 15,2022 Page 23 of 23 Strader: Second. Simison: I have a motion to adjourn the work session. All in favor signify by saying aye. Opposed nay? The ayes have it and the work session is adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 5:32 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 12 / 6 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approve the Minutes of the November 1, 2022 City Council Work Session Meridian City Council Work Session November 1,2022 Page 9 of 9 Simison: All ayes. Motion carries and we will go into Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (4:55 p.m. to 5:53 p.m.) Simison: Council, do I have a motion? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we come out of Executive Session. Strader: Second. Simison: I have a motion and a second to come out of Executive Session. All in favor signify by saying aye. Opposed nay? The ayes have it and we are out of Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we adjourn. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MEETING ADJOURNED AT 5.53 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approve the Minutes of the November 1, 2022 City Council Regular Meeting Meridian City Council November 2,2022 Page 67 of 67 Hoaglun: I move 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: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:26 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 11-15-2022 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Frontline Subdivision Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-093380 BOISEIDAHO Pgs=8 LINDSAY WHEELER 11/16/2022 10:48 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0255 Frontline Subdivision Water Main Easement No. I WATER MAIN EASEMENT THIS Easement Agreement, made this 15th day of November2022, between Watson Land Holdings LLC and TM Cooley LLC, ("Grantor"),and the City of Meridian, an Idaho Municipal Corporation('Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 0 1/0 1/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT;SIGNATURES TO FOLLOW] Water Main Easement Version 01/01/2020 GRANTORS: WATSON LAND HOLDINGS LLC An Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager B : Robert L. Phillips, President STATE OF IDAHO ) :SS. County of Ada ) On thisoZ 4day of November, in the year 2022, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the corporation that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company 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. r�L- damxL (Seal) Notary Public for Idah My Commission Expires:_' �. SHAR7Expires HAN Notary Publiate of Idaho Commission er 20181002 My Commission Jun 1, 2024 TM COOLEY LLC an Idaho limited liability company By:SCS Management LLC,an Idaho limited liability company,Manager By: #n'!�. ��D� Michael A.Hall,Preside t STATE OF IDAHO } :ss. County of Ada } On this day of November,in the year 2022,before me a Notary Public of said State,personally appeared Michael A. Hall,known or identified to me to be the President of SCS Management LLC,the company that executed the instrument or the person who executed the instrument on behalf of said company,and acknowledged to me that such company 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. NA WILSON Notary Public for Idaho COMMISSION#67674 My Commission Expires: NOTARY PUBLIC STATE OF IDAHO GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 11-15-2022 Attest by Chris Johnson, City Clerk 11-15-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on11-15-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Version 01/01/2020 km E N G I N E E R I N G October 21, 2022 Frontline Subdivision Project No.22-061 City of Meridian Water Easement Legal Description EXHIBIT A A parcel of land for a City of Meridian Water Easement situated in a portion of the Northwest 1/4 of the Northeast 1/4 of Section 14,Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the North 1/4 corner of said Section 14,which bears N89'13'12"W a distance of 2,657.79 feet from a found aluminum cap marking the Northeast corner of said Section 14; Thence following the northerly line of said Northwest 1/4 of the Northeast 1/4,S89°13'12"E a distance of 363.88 feet; Thence leaving said northerly line,S00°46'48"W a distance of 126.73 feet to POINT OF BEGINNING 1. Thence S89°32'12"E a distance of 201.41 feet; Thence N00°27'48"E a distance of 21.50 feet; Thence S89°32'12"E a distance of 20.00 feet; Thence S00°27'48"W a distance of 21.50 feet; Thence S89°32'12"E a distance of 273.34 feet to an existing Sanitary Sewer and Water Easement line per Instrument No.2022-011569 Thence following said easement line,S00°46'48"W a distance of 20.00 feet to a point hereinafter referred to as POINT"A"; Thence leaving said easement line, N89°32'12"W a distance of 474.65 feet; Thence S00°28'31"W a distance of 147.37 feet to a point hereinafter referred to as POINT"B"; Thence N89°31'29"W a distance of 15.00 feet to an existing City of Meridian Sewer and Water Easement line per Instrument No.2022-029340; Thence following said easement line the following two (2)courses: 1. N00°40'10"E a distance of 19.34 feet; 2. N89°19'50"W a distance of 5.07 feet; Thence leaving said easement line,N00°28'31"E a distance of 148.01 feet to POINT OF BEGINNING 1. Said parcel contains 13,175 square feet,more or less. 5725 North Discovery Way • Boise, Idaho 83713 • 208,639.6939 • kmengllp.com i TOGETHER WITH: Commencing at a point previously referred to as POINT"A' Thence S05°09'53"E a distance of 122.82 feet to POINT OF BEGINNING 2. Thence S89°13'12"E a distance of 20.00 feet; Thence S00°46'48"W a distance of 10.00 feet to an existing Sanitary Sewer and Water Easement line per Instrument No.2022-011569; Thence following said easement line,N89°13'12"W a distance of 20.00 feet; Thence leaving said easement line,N00°46'48"E a distance of 10.00 feet to POINT OF BEGINNING 2. Said parcel contains 200 square feet,more or less. E TOGETHER WITH: Commencing at a point previously referred to as POINT"B'; Thence S59°12'02"W a distance of 20.52 feet to POINT OF BEGINNING 3. Thence S00°40'10"W a distance of 16.00 feet; Thence N89°19'50"W a distance of 20.00 feet; Thence N00°40'10"E a distance of 16.00 feet to an existing Sanitary Sewer and Water Easement line per Instrument No.2022-011569; Thence following said easement line,S89°19'50"E a distance of 20.00 feet to POINT OF BEGINNING 3. i Said parcel contains 320 square feet,more or less. l Said description contains a total of 13,695 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. 51 ` 4 � a a12459 0 1� L. B�►Z' to• 21•2 '2"- PAGE 2 E POINT OF COMMENCEMENT FOUND ALUMINUM CAP FOUND ALUMINUM CAP 11 NORTH 1/4 CORNER, SECTION 14 BASIS OF BEARING NE CORNER SECTION 14 _ _ S89'13'12"E 2657.79' 111 12 14 — 2293.91' — — — — — 14 13 cc W. Franklin Rd. Co � I J O �L2 V) POINT OF BEGINNING 1 S89'32'12"E 201.41' -� S89'32'12"E 273.34' ���11II����1II o N89'32'12"W 474,65'` t� too POINT "A J I Lj NIo I to o I U co N to �I� coo N Proposed �; I Z o Frontline Subdivision I I cri L7 N POINT OF BEGINNING 2 Lid L5 POINT "B" cyj `i ��SEE DETAIL iJ ' 1 ^6 ' 2 L — � EXISTING SANITARY SEWER, L1 i -'• POINT OF BEGINNING 3 AND WATER EASEMENT PER " DETAIL INST. No. 2022-011569 Ce SCALE 1" =30' o LINE TABLE LINE TABLE 000 o JI LINE BEARING DISTANCE LINE BEARING DISTANCE W N�7 I L1 NO'27'48"E 21.50 L9 SO'46'48"W 10.00 N ao L2 S89'32'12"E 20.00 L10 N89'13'12"W 20.00 w N � o L3 SO'27'48"W 21-50 L11 NO.46'48"E 10.00 z � ° 00 L4 SO.46'48"W 20.00 L12 S59'12'02"W 20.52 ^aN EXISTING CITY IF O MERIDIAN SEWER o L5 N89'31'29"W 15.00 L13 SO'40'10"W 16.00 AND WATER EASEMENT PER INST. L6 NO'40'10"E 19.34 L14 N89'19'50"W 20.00 g Y No. 2022-029340 I L5/ L7 N89'19'50"W 5.07 L15 NO'40'10"E 16.00 a _ L16 ��� POINT "B" — L8 S89'13'12"E 20.00 L16 S89'19'50"E 20.00 POINT OF BEGINNING 3 L14 a 0 80 160 240 3 ID Plan Scale: 1" =80' N F E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY WBOISE,IDAHO 83713 I Exhibit B-1 PHONE(208)639-6939 kmenglip.com City of Meridian Water Easement DATE: Oc—— Oc[ober2022 P� ROJECf: 22-061 Situated in a portion of the Northwest 1/4 of the Northeast 1/4 of Section 14 SHEET: Township 3 North, Range 1 West, B.M., City of Meridian, Ada County, Idaho 1 OF 1 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Records Apartments Sanitary Sewer and Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-093381 BOISEIDAHO Pgs=5 NIKOLA OLSON 11/16/2022 10:48 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0251 Records Apartments Sanitary Sewer and Water Main Easement No. 1 SANITARY SEWER I—D WATER THIS Easement Agreement, made this 15th day of November,2022 between flarMax Auto Superstores Jxtc ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, ifs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: — — V NameTOe:K.Douglass am.Vi President,Real Estate,CarMaz Auto Superstores,Inc. — STATE OF I O ) ) ss County of Ada ) This record was acknowledged before me on (D�a-:IP�t{11)Z2(date) by K.Douglass Moyers (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of CarMax Auto Superstores,Inc. (name of entity on behalf of whom record was executed), iRtjw,f9jIowing representative capacity:Vice President,Real Estate (type of authq►i� �sudH �3 er or trustee) ��'• '•O0 PUBLIC 88180 781 Mc) ISSION '' •. EXPIRES �• '• ; 31/2024 Notary Signature ' F •% My Commission Expires: Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 11-15-2022 Attest by Chris Johnson,City Clerk - -2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 11-15-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement REV.01/01/2020 LEGAL DESCRIPTION TH E Page 1 of 1 LAND GROUP September 14, 2022 Project No. 115064 Exhibit"A" CARMAX AUTO UTILITY EASEMENT DESCRIPTION An easement located in the Southeast One Quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the South One Quarter Corner of Section 4 of said Township 3 North, Range 1 East, (from which point the Southwest Corner of said Section 4 bears North 89°46'17" West, 2659.51 feet distant); Thence North 00°09"04" East, a distance of 55.26 feet on the north-south mid-section line of said Section 4 to a point on the Northerly Right-of-Way line of East Fairview Avenue; Thence continuing North 00'09'04" East, a distance of 250.71 feet on the north-south mid-section line of said Section 4 to the POINT OF BEGINNING; Thence North 00'09'04" East, a distance of 486.26 feet on the said north-south mid-section line to a point on the southerly right of way line of East Elden Gary Street; Thence South 89°59'29" East, a distance of 14.51 feet on the right of way line of East Elden Gary Street; Thence South 00'10'03" West, a distance of 46.18 feet; Thence North 90'00'00" East, a distance of 10.97 feet; Thence South 00°00'00" East, a distance of 20.00 feet; Thence North 90°00'00" West, a distance of 11.03 feet; Thence South 00'09'04" West, a distance of 357.35 feet; Thence South 89°51'24" East, a distance of 169.43 feet; Thence North 67'30'00" East, a distance of 12.28 feet; Thence North 22°30'00" West, a distance of 47.43 feet; Thence North 67'30'00" East, a distance of 20.00 feet; Thence South 22°30'00" East, a distance of 67.43 feet; Thence South 67°30'00" West, a distance of 36.28 feet; Thence North 89'51'24" West, a distance of 173.44 feet; Thence South 00'09'04" West, a distance of 42.77 feet; Thence North 89'50'56" West, a distance of 14.50 feet to the POINT OF BEGINNING. PREPARED BY: THE LAND GROUP, INC. OPAL ANDS w a '7 80 9-14-2022 �Q pE 0 F �pP� � James R. Washburn SR•WA 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com LA Ll E. Elden Gray St. — ������ 1 TER - 1----1-2 J' L3 o s14-2022 0 7880 I L4 P� I I L5 9 F0F0 �� 14.5' SR.WA II li Line Table W LINE BEARING LENGTH c I I"' R 0 S 1 0 8 2 6 W 1 1 Parcel No. S1104438755 F- o 0 L1 S89059'29"E 14.51' Q I I rn L2 S00°10'03"W 46.18' a z I i U) L3 N90000'00"E 10.97' 1 I I L8 L4 S00°00'00"E 20.00' 1 1 1 1 L7 20 L5 N90000'00"W 11.03' I 1 L �L9 L6 N67o 30'OO S89051'24"E 169.43'i'E 12.28; I �— 51— II L7 N22 30 00 W 47.43 N89 24 W 173.44 L8 N67030'00"E 20.00' [,,�S00009104"W 42.77' L9 S22030'00"E 67.43' POB L11 L10 S67030'00"W 36.28' 1 r~—N00°09'04"E 250.71' L11 N89°50'56"W 14.50' TIE LINE — — — — NOO°09'04"E 55.26'�l E. Fairview Avenue S89°46'17"E 2659.51' _ _ _S89°46'39"E 2658.62' _ E \� S 1/4 CORNER SW CORNER SECTION 4 SE CORNER SECTION 4 SECTION 4 0 100' 200' Utility Easement , Horizontal Scale: 1" = 100' Project No.:115064 = Date of Issuance:09-14-2022 z THE City of Meridian Utility Easement m o y k .. LAND CarMax Auto Superstores, Inc.. GROUPUJ 8ss E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Records Apartments Sanitary Sewer and Water Main Easement No. 2 ADA COUNTY RECORDER Phil McGrane 2022-093568 BOISE IDAHO Pgs=7 ANGIE STEELE 11/17/2022 08:43 AM CITY OF MERIDIAN, IDAHO NO FEE EMT-2022-0252 Records Apartment Sanitary Sewer and Water Main Easement NO. SANITARY �';.;-EWER AND. WATER MAIN EA, ENT THIS Easement Agreement, made thislSthday of November 20 22 between DVVT Investments LLC and BVZ Records Village,LLC (b6Grantor") and the City of Meridian,an Idaho Municipal Corporation ("Grantee"), WHEREAS, the Grantor desires to provide a sanitary sewer and water 111ain right-of- way across the premises and property hereinafter particularly bounded and described, and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others, and WHEREAS, it will be necessary to maintain and service said }pipelines frorn time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water stain Easement REV.0 1/0 1/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Signatures on Following Page Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTOR: DWT INVESTMENTS LLC, an Idaho limited liability company By: Brighton Corporation, an Idaho corporation Its: Manager By: Robert L. Phillips, President STATE OF IDAHO } :SS. County of Ada This record was acknowledged before me on_�AA w V/ 2022 by Robert L. Phillips, as President of Brighton Corporation, on behalf of DWT Investments LLC,as its Manager. AMANDA MCCURRY Notary Signatur COMMISSION#29528 NOTARY PUBLIC i1 15 �-0 23 STATE OF IDAHO My commission expires: IMY COMMISSION EXPIRES OV18I2023 Sanitary Sewer and Water Main Easement BVZ RECORDS VILLAGE, LLC, an Idaho limited liability company By: BV Management Services, Inc., an Idaho corporation, Its: Manager By: ortna y Liddiard, Pr ident STATE OF IDAHO y :Ss. County of Bonneville J This record was acknowledged before me on_Oc cb�Y a 3-1 2022 by Cortney Liddiard, as President of BV Management Services, Inc,on behalf of BVZ Records Village LLC as its Manager. BRANDI LOVE COMMISSION NO. 37925 Notary Signature NOTARY PUBLIC STATE OF IDAHO My commission expires: [MY COMMISSION EXPIRES 04112rA Sanitary Sewer and Water Main Easement GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 11-15-2022 Attest by Chris Johnson, City Clerk 11-15-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-15-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement REV.01/01/2020 km E N G I N E E R I N G October 5,2022 Project No.21-225 Brighton Corporation Sewer and Water Easement Legal Description Exhibit A A parcel of land situated in a portion of the Southeast 1/4 of the Southwest 1/4 of Section 4,Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the South 1/4 corner of said Section 4,which bears S89°22'45"E a distance of 2659.59 feet from a found aluminum cap marking the Southwest corner of said Section 4,thence following the easterly line of the Southeast 1/4 of the Southwest 1/4 of said Section 4, N00°32'11"E a distance of 55.26 feet to a found S/8-inch rebar on the northerly right-of-way line of E. Fairview Avenue and being the POINT OF BEGINNING. Thence leaving said easterly line and following said northerly right-of-way line, N89`35'57"W a distance of 14.50 feet; Thence leaving said northerly right-of-way line,N00°32'11"E a distance of 736.97 feet to a point on the southerly right-of-way line of E. Eldon Gray Street; Thence following said southerly right-of-way line,S89'35'58"E a distance of 14.50 feet to a found brass plug on the easterly line of the Southeast 1/4 of the Southwest 1/4 of said Section 4; Thence leaving said southerly right-of-way line and following said easterly line, S00'32'11"W a distance of 736.97 feet to the POINTOF BEGINNING. Said parcel contains 0.245 Acres, more or less, and is subject to all existing easements and/or rights-of-way of record. All subdivisions, deeds, record of surveys, and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. Attached hereto is Exhibit B and by this reference is made a part hereof. �p1ZA�'j III a 12459 0 9q �� 0 �N L. EAy�'A4 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com —E. Eldon Gray Street — — S89'35 58'E 14.50' FOUND BRASS PLUG I I I I I I I �I DWT INVESTMENTS LLC S1104347005 ,�,I S1104438755 ro rI 0 0 o ZI cn U I aJ � I a z I 4 I m 6. d I POINT OF o I BEGINNING N 5 4 N89'35'57"W NOO'32'11"E 14.50' 55.26'(TIE) g g S89'22'45"E 2659.59' w BASIS OF BEARING POINT OF COMMENCEMENT FOUND ALUMINUM CAP FOUND ALUMINUM CAP N SOUTHWEST CORNER E. Fairview Avenue SECTION 4 SOUTH 1/4 CORNER SECTION 4 LD 3 0 z z W W C F Q 3 z w 0 150 300 450 3 N Plan Scale: 1" = 150' 1CM (k ff E N G I N E E R I N G m 5725 NORTH D15COVERY WAY W BOISE,IDAHO 83713 PHONE(2081619.6911 Exhibit B - Sewer and Water Easement kmengllp.com Records Apartments z N DATE: Oct ob er202 2 PRO JrT: 2 1225 SHEET: A parcel of land situated in a portion of the SE 1/4 of the SW 1/4 of Sec. 4, 1 OF 1 T3N, R1E, B.M., City of Meridian, Ada County, Idaho E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Summertown Sanitary Sewer and Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-093382 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 11/16/2022 10:48 AM CITY OF MERIDIAN, IDAHO NO FEE EST-2022-0253 Summertown Sanitary Sewer and Water Main Easement No. 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 15thday of November 20 22 between Summertown LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on l (date) by r%- kv mThkne_� (name of individual), [complete the fol ow ng if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of ►nnnec- tu7ti . LL C_ (name of entity on behalf of whom record was executed), in the following representative capacity: d`' (type of authority such as officer or trustee) 140T.4Ry' = tary Signature tbCjjX>j�; s p = My Commission Expires: 0-7r UgLIC f SanitarySewe�rhdrdU n Easement REV.0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 11-15-2022 Attest by Chris Johnson,City Clerk 11-15-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 11-15-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement REV.01/01/2020 DESCRIPTION FOR SUMMERTOWN SUBDIVISION City of Meridian Sewer and Water Easement A portion of Government Lot 2 of Section 1, T.3N., RAW., Boise Meridian, City of Middleton, County of Ada, State of Idaho, being more particularly described as follows: Commencing at the N1/4 corner of said Section 1 from which the NE corner of said Section 1 bears South 89046'48" East, 2662.22 feet; thence along the North boundary line of said Section 1 South 89046'48" East, 637.68 feet; thence leaving said North boundary line South 00023'17"West, 144.03 feet; to the REAL POINT OF BEGINNING; thence continuing South 00023'17"West, 194.00 feet; thence South 00019'50" East, 504.74 feet; thence North 89047'48" West, 32.01 feet; thence North 00019'50" West, 26.57 feet; thence North 07048'36" East, 24.72 feet; thence North 89047'48" West, 453.08 feet; thence North 00020'42" West, 57.81 feet; thence North 89039'18" East, 29.99 feet; thence North 00020'42"West, 284.39 feet; thence North 89040'10" East, 369.89 feet; thence South 49044'28" East, 12.11 feet; thence North 40015'32" East, 22.89 feet; thence North 89040'10" East, 10.02 feet; thence South 49044'28" East, 22.59 feet; thence South 00019'50" East, 18.29 feet; thence South 89040'04" West, 26.00 feet; thence South 00019'50" East, 282.00 feet; thence North 89040'10" East, 28.00 feet; Page 1 of 2 thence South 00019'50" East, 40.93 feet; thence South 07048'36" West, 24.72 feet; thence North 89°47'48" West, 447.19 feet; thence South 00000'00" East, 26.57 feet; thence North 89047'48" West, 32.24 feet; thence North 00°20'42" West, 588.10 feet; thence South 90000'00" West, 87.69 feet; thence North 00019'50" West, 57.95 feet; thence North 89'40'10" East, 86.84 feet; thence North 00019'50"West, 52.36 feet; thence South 44°58'41" East, 86.57 feet; thence South 89046'49" East, 374.77 feet; thence North 00019'08" East, 26.00 feet; thence South 89046'48" East, 22.44 feet; thence South 53002'59" East, 29.83 feet; thence South 00019'50" East, 22.93 feet; thence South 89040'10" West, 26.00 feet; thence South 00'19'50" East, 200.50 feet; thence South 89'40'10" West, 395.16 feet; thence North 00°20'42"West, 219.31 feet; thence North 44°58'41"West, 86.57 feet to the exterior boundary line; thence South 89046'48" East, 515.03 feet to the REAL POINT OF BEGINNING. a 77' 9 Ma- �`{7F 1� ',M G.C Page 2 of 2 Basis of Bearings 1 4 S-36 N89°46'48"W 2662.22' 4N_1W. W. USTICK RD. _ S.36 S .31 S.1 .1 3N.,1 W. -- - — 637.68' _-- - - - 2024-54 S.1 S 6 � o I N m I � � I I 1 S89'46'48"E 515.03' I RPOB � 1 J S89'46'49"E 374.77' O �22 J L13 _ Z -o I lu� N 00 N M I I INO O 00 I I O t O7 w N 0 M I o O rn IV//, o O Z Z N I S89'40'10"W 395.16' L6 I zzzzz �h () N89'40'10"E 369.89' L4 I b i 10 BLOCK 1 / I I I O 00 L00 O I E 3 co I �t 13 cq N O �7 o �CN � N b I z 04 12 11 w O I E LO O O C I I Z O) CD I O N 1 N89'39'18"E N89'40'10"E N I 14 � 29.99' " 15 L1° 57.81' 28.00' I L L N00'20'42 W s � ( I I N89'47r 48"W 453.08' �1111 1111��Z`IE,L3 a 7729 0 IS89'47'48 E 447.19' L21 I cA�b'��/Z I O L12 L11 Li I I OF �Y G.G N Scale: 1"=120' 0 20 60 120 240 P:\Summertown Subdivision 21-579\dwg\Summertown Utility Easement.dwg 10/31/2022 10:25:24 AM IDAHO Exhibit ___ rawing for Job No. 9955 W.EMERALD ST. City of Meridian Sewer and Water Easement 21-579 SURVEY BOISE,IDAHO 83704 Summertown Subdivision Sheet No. (208)846-8570 1 GROUP, LLC LOCATED IN GOVERNMENT LOT 2 OF SECTION 1, Dwg. Date -0T.3N., RAW., B.M., ADA COUNTY, IDAHO 10/31/2022 Line Table Line Table Line Bearing Length Line Bearing Length L1 N89'47'48"W 32.01' L12 N89'47'48"W 32.24' L2 N00'19'50"W 26.57' L13 N90'00'00"E 87.69' L3 N07'48'36"E 24.72' L14 N00'19'50"W 57.95' L4 S49'44'28"E 12.11' L15 N89'40'10"E 86.84' L5 N40'15'32"E 22.89' L16 N00'19'50"W 52.36' L6 N89'40'10"E 10.02' L17 S44'58'41"E 86.57' L7 S49'44'28"E 22.59' L18 N00'19'08"E 26.00' L8 S00'19'50"E 18.29' L19 S89'46'48"E 22.44' L9 S89'40'04"W 26.00' L20 S53'02'59"E 29.83' L10 S00'19'50"E 40.93' L21 S00'19'50"E 22.93' L11 S00'00'00"E 26.57' L22 S89'40'10"W 26.00' sF sG�L 7 729 G N�9rF OF \'O Y G.C P:\Summertown Subdivision 21-579\dwg\Summertown Utility Eosement.dwg 10/31/2022 10:25:34 AM Exhibit _ rawing for Job No. IDAHO 9955 W.EMERALD ST. Y Cit of Meridian Sewer and Water Easement 21-579 SURVEY BOISE.IDAHO 83704 Summertown Subdivision Sheet No.No. (208)846-8570 L GROUP, LLC LOCATED IN GOVERNMENT LOT 2 OF SECTION 1, Dwg. Date NT.3N., RAW., B.M., ADA COUNTY, IDAHO 10/31/2022 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Final Plat for Jump Creek South (FP-2022-0031) by Kent Brown Planning, located at the northwest corner of W. McMillan Rd. and N. Black Cat Rd. on Parcel S0428449525 STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING 11/15/2022 Legend DATE: Project Location F TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner 208-884-5533 SUBJECT: FP-2022-0031 Jump Creek South Subdivision FP LOCATION: The site is located at the northwest corner _ of W. McMillian Rd. and N. Black Cat Rd. on Parcel SO428449525 in the SE '/4 _ of the SE 1/4 of section 28,Township 4N, \ Range 1 W. � I. PROJECT DESCRIPTION Final Plat consisting of 20 residential building lots and 4 common lots on a portion of 3.57 acres of land in the R-8 zoning district,by Kent Brown Planning. II. APPLICANT INFORMATION A. Owner: Corey Barton, Challenger Development— 1977 E. Overland Road, Meridian, ID 83642 B. Applicant: Kent Brown,Kent Brown Planning—3161 E. Springwood Drive,Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0006)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 plans depict the code compliant street buffer to McMillan Road,the corrected common drive exhibit, 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: 9/24/2021) ff� •4 -� FR P1At FOR FUZK SU O i --•—•—•—•-----•-- S L V 1 I � i7i+iil I L'RF&f__7 I MMp !L�- P j _:.,I l ww . m • r. - PAwErr-__..._ L • � L , SITE i_'-`-J ` .. I i_ I I _�i_r-i wA:i i.��__� I �i_4.J L_.�I-_.�i__J L---�I---� •4- e I sP •�•�" �E 11Y PLAN SHEET INDEx S t PFk-1 -PWW WY PIA},WNIN MN. TMM a NOTS PR-2 �#U■rw ENWEER- PP-S -IRLIM US"PPaPILLS PP-a tiQJACUC1 oROP6anN ALYRi, n w x._®.m.��. } a IL v 74 m J L N > ERZ Page 2 B. Final Plat(date: 9/9/2022) PLAY sHUWRIG JUMP C'Iff`A, ti'C1d"1'1! ."'t.:11 VISION A ALRL/9 IACH OF LOT 7 GLUM 2d.UPCAEDC■ UXATI D N THE SC 1/4 Cr 71[Y 11, CIF=TLCH 70,T,1ry„R.I BU. MFAIpM4 CITY OF YERMAN.ADA 0"TW.IOIHO xa�z roTra ,r�l1e:r.n,r n�r�e e�`+•w�.�w�.n,�Mw w+°�w,w:w+i x,w:�..rw ao a an so too IFlHW c+Mwn�+rm:r«+•ane+w.+>..,�•r.INn+•w+rnx ewnLx rw., r SCALE IN FFFf ia[a���Ir�.ri... r..e"'���`ae.�w wr.5wy�..r r � �uT']Pr.e.mere b ab6�.wwa r fs�!►}]IQ wb Ch TI..I.I..fa_r r o-rr r.wrr_.r ar arw�wrw ur4 arw�. Ir-arnwa r ua Err ry rr.���...r nr<,�y wa+ae�rr srr ww9i.oM r rwr� m...w1�.r r ana r+r reearr•9i-�A¢' Tr re rvm+ci+la rara ryr+�wr > tli�670�r= mw W wn/I4.h w inr M taaaw/y we+r✓/wl aWllw�1w.xw Yew r wwwlw� ww.aw w.h�1lrc rr M www.reerar+wneln�nR a�e R ar 1k.•T' Ft MYCt�Or Yel><i tl aVtYeY!M r+dkY+i Kit'w. 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Landscape Plans (Revision date: 9/21/2022) [ LANDSCAPE LEGEND mer.r .. 1— SCHEDULE W_LFJGffrom Als r` •sue � .aw, F rA - tip..-. L .•..��.�.z � � .a .. 3 —� :.....�...�....r.r.... •PNASEde1,YTS L � _ � .4 Trr � � RNV.MER TFfB' — Tf-1 R T .. +.,�.�a. •-.. ... .r.r+ s a+r.rw .a.�r uc vi..rr F SUE SHELR'L3-10 FOR OVERALL 31 LANDSCAPE PHASING PLANS, SEE SF FWF L$.10 FOR LANDSCAPE L1.1 NOTES. AND PLANTING DETAILS Page 4 — — ulc. - — !LANDSCAPE LEGEND o a _ f IetacK� zr PLANT SCHEDULE 4a _ Ommt TIT � - -s- -..- -•~.....-•. .:ir�d.�.� '_`1a?- .,�.:Prr;�;`:f+ti :7w�-J .mac .d e PLAN-AFKA F Me�y m� ei fi/1111.111'L7�"1rr"GT_ fl r��T� •JYifdFl 72 Pr.&V& �1,910 FM laAMIOCUL" L1.1.4 M711L ur ri.ANTWO nWr3LOII G Page 5 D. Gated Access Exhibit: GATED EMERGENCY ACCESS GATE TO MEET ALL FIIE EP RTM ENT REQUIREMENTS UIF EMENT SIDEWALK TO EMAEN OL R W RIVA OAPRI ST I D�EWALK TO REMAIN CL EAR P L P w LOCK 2 9r017 JUMP CREEK SOUTH SUBDIVISION GATED ACCESS EXHIBIT ley Engineering, Inc. 140 CIVIL ENGINEERING I PLANNING I AI D 1119 E.STATE—[=,SUrrC 21-0 TM 2N 9M Ma SCALE IN FEET EAGL-0Offil6 Page 6 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: A7--14-011 (DA instr. 2014-105206); PP-14-013; FP-2022-0004; H-2022-0006 (PP). 2. The applicant shall obtain the City Engineer's signature on the final plat by July 12,2024, within two(2)years of the date of approval of the preliminary plat findings(July 12,2022), in accord with UDC 11-613-7, in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B,prepared by Idaho Survey Group, stamped on September 9,2022 by Cody McCammon, is approved with the following conditions to be completed at the time of Final Plat Signature: a. Plat note#8: add recorded instrument number. b. Plat note#9: add recorded instrument number. c. Plat note#11: add recorded instrument number. d. Add plat note stating the plat is subject to the recorded DA(DA Inst. #2014-105206). 5. The submitted landscape plans, as shown in Section V.C,prepared by South,Beck, &Baird, with a revision date of 9/21/22,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 General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances (marked EXHIBIT B) for Page 7 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(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. Page 8 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Page 9 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Allure Subdivision (H-2022-0050) by Schultz Development, LLC., located at 5385 S. Meridian Rd., directly north of the half-mile mark on the west side of Meridian Rd. between E. Amity Rd. and E. Lake Hazel Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-.., AND DECISION&ORDER In the Matter of the Request for Request to Rezone 39.39 acres of land from the R-4 to the TN-R zoning district; Preliminary Plat consisting of 226 single-family building lots and 36 common lots on 37.34 acres in the requested TN-R district; and Modification to the existing development agreement(Inst.#2016-007091), as required by the existing development agreement provisions,for the purpose of entering into a new agreement consistent with the proposed project and plat,by Breckon Land Design. Case No(s).H-2022-0050 For the City Council Hearing Date of: November 1,2022 (Findings on November 15,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 1,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 1, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of November 1, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 1, 2022, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Allure Subdivision—FILE#H-2022-0050) - I - Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Rezone,Preliminary Plat, and Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 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 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 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Allure Subdivision—FILE#H-2022-0050) -2- Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. 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, 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 §§ 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 November 1,2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Allure Subdivision—FILE#H-2022-0050) -3- By action of the City Council at its regular meeting held on the 15th 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 11-15-2022 Attest: Chris Johnson 11-15-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 11-15-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Allure Subdivision—FILE#H-2022-0050) -5- EXHIBIT A STAFF REPORTC� fE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING ll/l/2022 Legend EProject Location TO: Mayor&City Council FROM: Joe Dodson,Associate Planner 208-884-5533 SUBJECT: H-2022-0050 Allure Subdivision LOCATION: The site is located at 5385 S. Meridian Road, directly north of the half-mile mark on the west side of Meridian Road between E. Amity and E. Lake Hazel Roads, in the SE 1/4 of the NE 1/4 of --- Section 36,Township 3N,Range 1 W. I. PROJECT DESCRIPTION • Request to Rezone 39.39 acres of land from the R-4 to the TN-R zoning district; • Preliminary Plat consisting of 226 single-family building lots and 36 common lots on 37.34 acres in the requested TN-R district; and • Modification to the existing development agreement(Inst. #2016-007091), as required by the existing development agreement provisions, for the purpose of entering into a new agreement consistent with the proposed project and plat,by Breckon Land Design. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage RZ—39.39;Plat—37.34 acres Future Land Use Designation Medium Density Residential 3-8 du/ac Existing Land Uses Vacant land Proposed Land Use(s) Detached and Attached Single-family Residential, front- loaded and alley-loaded; single-family townhomes. Lots #and type;bldg./common) 226 single-family residential building lots; 36 common lots Phasing Plan #ofphases) Proposed as five 5phases Number of Residential Units 226 single-family units(123 detached; 104 attached townhomes) Density Gross—6.05 du/ac;Net—7.49 du/ac Open Space(acres,total 7.49 acres total;6.96 acres of qualified open space [%]/buffer/qualified) (approximately 18.6%)per submitted open space exhibit. Pagel Description Details Page Amenity At least three(3)site amenities—pool,children's play structures,and open s ace in excess of code requirements. Neighborhood meeting date June 6 2022 Distance to nearest City Park(+ 1.9 miles to Discovery Park to the southeast of the project size) (76.88 acres in size;phase 1 constructed with phase 2 under construction). History(previous approvals) H-2015-0019 South Meridian Annexation B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Traffic Impact Study Yes es/no Access Access is via a new local street connection to W. Quartz Creek Street,a new (Arterial/Collectors/State collector street along entire south property boundary. Hwy/Local)(Existing and Proposed) Stub Yes;3 stub streets are proposed to adjacent underdeveloped properties. Street/Interconnectivity/Cross Project is proposed to complete W. Quartz Creek(collector street) Access improvements for shared access to Meridian Road/SH 69 Existing Road Network _ 0 Existing Arterial Sidewalks/ No.Buffer and detached multi-use pathway are required and proposed. Buffers Proposed Road Applicant is required to complete the required improvements within the Improvements remaining right-of-way on the north side of the the new collector street along the southern project boundary,W.Quartz Creek Street. Fire Service • Distance to Fire 3.4 miles from Fire Station#6 (Approximately 2 miles from proposed fire Station station#7 on Lake Hazel;response time will fall within the 5-minute response time area for Station#7. • Fire Response Time Project currently does not currently reside within the Meridian Fire 5-minute response time goal area. • Resource Reliability Fire Station#6 reliability is 83%(above the goal of 80%) • Risk Identification Risk Factor 1 —Residential • Accessibility • Proposed project meets all required road widths,and turnaround dimensions. • Project does not meet secondary access requirements as there is only one way in and out currently available; approved secondary access is required. Police Service • Distance to Station Approximately 4.2 miles from Meridian Police Department • Response Time Approximately 4:37 response time to an emergency(Priority 3 call) Water&Wastewater See Public Works Site Specific Conditions(Section VIII.B) COMPASS—Communities in Motion 2050 Review Page 2 Description Details Page Letter depicts a positive fiscal impact for the City and the School District but a net negative fiscal impact to the County and ACHD. Letter also notes a lack of pedestrian and bicycle infrastructure in this area. West Ada School District Estimated Additional School 99 estimated school-aged children at full build out. Aged Children Approved MF Projected Approved lots per units per Students from Enrollment Capacity attendance area attendance area Approved Dev. Mary McPherson Elementary 460 675 3443 26 760 Victory Middle School 1048 1000 4496 502 600 Meridian High School 1824 2075 3555 3464 601 School of Choice Options Christine Donnell School-Arts 474 500 N/A N/A Spalding Elementary-STEM 680 750 N/A N/A Page 3 C. Project Area Maps Future Land Use Map Aerial Map Legend Legend (� Project Location Project Location � I Ci iv c "l Medium De : Residenti` Low Density — p4 r lgiiidential � m High Density MU-RG 3 Residential: -Med-High Density r , Residential I II Zoning Map Planned Development Map Legend R ITI � �R 0 Legend E3JProject Location E]I Project Location RUT y City Limits R1 RT Planned Parcels _ 1-L ; R-4 ' 'UT ..R-8 ------ R-4 a R1 _ �A RUT ' R�1: � R-8 Rl ®� �+ RU.T RUT R-4 ; TN-R R-4 R-2 ' I ®� R16 m � R!4 R-8 R- 15 5 ---- C-G P6R- R-8 ' KL4J RUT y t R-4 ,- RUT1 III. APPLICANT INFORMATION A. Applicant: Mary Wall,Breckon Land Design— 181 E. 50`h Street,Garden City, ID 83714 B. Owner: Jim Percy,Percy Farms LLC— 1250 Stegerman Court,Meridian, ID 83642 C. Representative: Same as Applicant Page 4 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 9/21/2022 10/15/2022 Radius notification mailed to properties within 500 feet 9/15/2022 10/13/2022 Site Posting 9/23/2022 10/12/2022 Nextdoor posting 9/15/2022 10/13/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridianciby.or /�compplan) Medium Density Residential(MDR)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school,or land dedicated for public services. The subject site consists of two properties totaling approximately 37 acres and was annexed into the City of Meridian in 2015 along with many other parcels in this area under the "South Meridian Annexation."It is located on the north side of the mid-mile mark on the west side of Meridian Road between Lake Hazel and Amity Roads; it is directly west of the Prevail Subdivision (Percy Subdivision) located on the east side of Meridian Road and directly north of the recently approved Briar Ridge Subdivision annexation and preliminary plat(H-2021-0036). Allure Subdivision is proposed with 226 building lots on 37.34 acres which constitutes a gross density of 6.05 du/acre which falls in the middle of the allowable density in the MDR designation on the property and is slightly more than Briar Ridge to the south (5.84 du/acre). In addition, the requested TN-R zoning district requires a minimum net density of 6 du/acre and according to the submitted plat, the net density of Allure is nearly 7.5 du/acre making the subject plat compliant with this standard. Through the pre planning process, the Applicant and Staff worked together to propose different housing types within this project to both match and diverse the housing types proposed with Briar Ridge to the south. The grid-like street layout and the different housing types also led the Applicant to request the TN-R zoning district as Briar Ridge did. Staff supports this request and the overall proposed layout as it continues the design and transition from the properties further to the south. Rezone: When the subject property was annexed into the City of Meridian in 2015 it was zoned R-4 to help delineate that this property would be developed as residential. The Development Agreement that was created as part of this original annexation dictated that the City would have services available as soon as possible and the first Rezone application would be free of charge. This stipulation regarding a Rezone application was made because the annexation was City initiated and the property had no concept plan or specific development planned at the time of annexation; the City understood future development may not match the existing zoning and gave future applicants the opportunity to propose a different zoning with a new development plan. The Applicant's request to rezone to the Traditional Neighborhood Residential(TN-R)zoning district is, in itself, consistent with the future land use designations because it is a residential district. More importantly, the overall site design proposed by the Applicant is consistent with the comprehensive plan and the future land use designation because of the density proposed, the Page 5 multiple housing types proposed, the inclusion of parkways throughout the entire development, the completion of the collector street along the south boundary for future connectivity, and a stub street proposed along the north boundary for future public road connectivity to Amity Road. Staff believes the request for a traditional neighborhood zoning district in this area of the City continues the framework of neighborhood/street oriented design for future development to the north and west to be more pedestrian focused and walkable. Development Agreement Modification: The same stipulation regarding the Rezone application applies to the first Development Agreement Modification (MDA)for this property. In fact, the existing DA requires that with any future redevelopment an MDA is required to be submitted. Therefore, the Applicant has submitted an MDA to satisfy this requirement and update the development plan, in order to develop the property with the proposed subdivision. The DA will be tied to the submitted preliminary plat and be required to develop the property per the submitted plans and proposed housing types. Staff ,finds the proposed project and the requested applications to be generally consistent with the future land use designations within this project site. Specific Comprehensive Plan policies are discussed and analyzed in the next section. B. Comprehensive Plan Policies(https:llwww.meridiancitE.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G). The subject project is proposed with a site design that closely resembles traditional neighborhood design with short block lengths, street trees,pedestrian facilities throughout, and three distinct housing types within this one project. Thus, the Applicant is requesting a rezone from the R-4 district to the TN-R zoning district to have zoning that fits the proposed housing types of detached single-family, alley loaded single- family(attached and townhome), and single-family townhomes with parkways throughout the project. In addition, the proposed housing types will vary greatly from the Shafer View Estates' larger lots to the southeast and even the detached single-family homes in Prevail Subdivision to the east. Thus, Stafffinds the proposed development offers more housing diversity in this area of the city for future residents. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks" (3.02.01 G).All public utilities are available for this project site,per Public Works comments. This project does not currently reside within the Fire Department response time goal of 5-minutes but will upon completion of Fire Station#7 (anticipated completion date of Summer 2023). However, the singular public road access is through Quartz Creek Street along the southern boundary; a majority of Quartz Creek is being constructed by Briar Ridge Subdivision to the south. Fire code only allows 30 homes off of one access so the Applicant will need to provide an additional emergency access. West Ada School District has provided comments on this application and estimates an additional 99 school aged children will be generated by this development at full build-out. Further, the submitted letter notes that with current school boundaries and school capacities, the approved residential units in this area of the City will create overcrowding at each designated school. West Ada notes that it will always work to accommodate the children being served and specifically lists some of those methods in their letter(see Section VIII.I). ACHD has analyzed the subject application for compliance with their standards and finds the proposed project to be in compliance and notes the nearby public roads and intersections can accommodate the increase in traffic. ACHD has also added conditions that additional traffic calming is provided throughout the internal streets of the project due to some of the proposed Page 6 block lengths exceeding allowable distances without a turn or bisecting street. ITD has also reviewed the subject project due to all of the traffic required to utilize the adjacent Meridian Road/SH 69 transportation network via the collector street connection at the south boundary, Quartz Creek. Overall, the adjacent public roads have been deemed to accommodate the anticipated increase in traffic and ITD is requiring a southbound right-turn lane from SH 69 onto W. Quartz Creek Street for added safety. Staff finds, with appropriate conditions of approval, that the existing and planned development of the immediate area create conditions for levels of service to and for this proposed project that meet code requirements. "Preserve,protect, and provide open space for recreation, conservation, and aesthetics" (4.05.01F). The Applicant is proposing open space in excess of code requirements with a large open space lot centralized within the development and other areas of linear open space connecting different areas of the site. In addition, the project is proposed with parkways and street trees throughout the entire site offering more open space that would be used for pedestrian activity and should add aesthetic value to the development. Further analysis on the proposed open space is below in Section V.L. "Promote area beautification and community identity through context sensitive building and site design principles,appropriate signage, and attractive landscaping."(5.01.02C). The requested TN-R zoning district requires more than one housing type and streets that include parkways and street trees. With parkways, sidewalks are further removed from the public street making for safer pedestrian facilities and encouraging more pedestrian activity. Because of the desired project aesthetic by the Applicant and the requirements of the traditional neighborhood zoning district, the proposed project is creating its own identity through site design and thoughtful landscaping and pedestrian elements. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D).Proposed project is not directly adjacent to any other constructed development at this time. However, the Applicant is proposing parkways with detached sidewalks throughout the entire site, some micro pathways, and constructing a multi- use pathway segment along the entire Meridian Road frontage; these design elements should offer ample pedestrian connectivity within the site and to future development, specifically to the approved Briar Ridge property to the south. Furthermore, the Applicant is proposing two stub streets to the property to the west and one stub street along the north boundary with detached sidewalks. These stub streets and sidewalks will be required to be extended when the adjacent properties develop making the proposed pedestrian network a positive example of linking subdivisions together. "Require proposed development within areas further away from urban services,existing utilities or requiring significant City utility upgrades,to demonstrate fiscal benefits, strategic fit with the Comprehensive Plan,contiguity with existing development,and appropriate mitigation for any impacts to existing City service users." (3.03.02F).Because the extension of utility services will be fully financed by the Applicant, the specific concern of the City expending funds for utilities is minimal. However, there is evidence that developing this parcel does not constitute orderly development because urban services are not nearby. Urban services include adjacent transportation facilities, employment opportunities, and commercial services like grocery stores, gas stations, and even general retail, office, and restaurant uses. Stafffinds with the adjacent development constructed and approved(Briar Ridge, Prevail Subdivision, Shafer View Estates, and self-service storage use), many of these concerns may be mitigated. However, Staff finds the Applicant has not demonstrated a strategic fit with this policy and the community benefit may not be known until commercial development is proposed for the Page 7 mixed-use designated properties at the intersections of Amity/Meridian and Lake Hazel/Meridian Roads. "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).All of the essential urban services are relatively far removed from the project site despite other residential development being completed across Meridian Road to the east and approved to the south. For example, the closest gas station is more than 1.5 miles to the north with the next closest being nearly 3 miles away; the closest grocery store is approximately 2.5 miles away with the completion of the Albertson's at the Eagle and Amity intersection. There is no existing commercial within 1.5 miles of this development which automatically requires that future residents would have to utilize their car to get to essential services. Approximately 1.5 miles to the east, at the intersection of Lake Hazel and Locust Grove, commercial zoning is approved but any actual construction timeline is unknown as this area has only been platted and no administrative applications have been submitted. However; C-G zoning is existing directly south of the Briar Ridge project site which does allow for future commercial uses to be located nearby these proposed residences. Despite this development meeting a majority of the comprehensive plan policies and being proposed with an insightful and carefully considered site design,Staff does have concern on the timing of development for this project in relation to urban services. The property does abut an area of mixed-use community designated property to the north which is anticipated to contain commercial uses in the future;the proposed site design (stub street and pedestrian facility locations) helps set up appropriate connectivity between this project and the anticipated commercial uses to the north. Staff finds this development to be generally consistent with the Comprehensive Plan, as discussed throughout the above sections and comprehensive plan policies. C. Existing Structures/Site Improvements: There is an existing home and outbuilding on approximately 1 acre along Meridian Road but no other site improvements are noted.The historical use for the subject site is agricultural in nature—the property owner intends on continuing to farm the property as the project develops over time. Staff has included a DA provision related to this request in Section VIII.A. D. Proposed Use Analysis: The proposed uses within this project are all residential—detached single-family residential, detached alley-loaded single-family, attached single-family, and alley-loaded townhomes. All uses proposed are permitted residential uses within the requested TN-R zoning district per UDC Table 11-2D-2. The TN-R zoning district requires a minimum of two (2)housing types—the proposed housing types offer four(4)distinct housing types,which complies with this zoning requirement. The project is proposed to be constructed in five (5)phases according to the submitted preliminary plat page 1. Phase 1 and phase 2 are located along the southern boundary and will finish the construction of the adjacent collector street,W. Quartz Creek. Phase 1 is also depicted with the full Meridian Road street buffer, approximately half of the large open space lot in the center of the development, and contains the children's play structures and the swimming pool amenity. Three of the four proposed housing types are proposed within the first two phases of the development. Phase 3 includes an area that is central-west for the project and hold the remaining area of the large central open space lot. Phase 4 is depicted along the remaining Meridian Road frontage and contains the last housing type, detached alley-loaded product. Phase 5 completes the project with the remaining area along the north boundary and generally in the northwest corner of Page 8 the site. Per the submitted phasing plan reviewed by Meridian Fire, secondary emergency access is needed as the only public road access is to Quartz Creek along the southern boundary. The Applicant has submitted an emergency access exhibit with two options noted(see Exhibit VII.G). Staff recommends utilizing option "B"as depicted on the exhibit because that access is controlled by this applicant whereas the noted option `A"requires an adjacent property owner to the north to provide access through their site. Staff would prefer option A because it follows the overall planned public street layout but Staff has not received any confirmation from this Applicant or the adjacent property owner that the proposed local street will be extended with phase I development of this project as a public street through their site or if they would allow the access to be constructed as a temporary emergency access only. Because of these unknowns, Staff finds it most prudent to recommend the noted option B. Furthermore, this emergency access must be constructed prior to the 31'building permit is submitted in order to comply with Fire code. E. Dimensional Standards(UDC 11-2): The requested zoning district of TN-R does not have a minimum lot size requirement but does require a minimum net density of six(6) du/acre. The submitted preliminary plat shows a minimum lot size proposed of 2,300 square feet and an overall average lot size of 4,343 square feet. Because home placement on the building lot is not yet known at the time of preliminary plat submittal, setbacks are not reviewed at this time. However,per the submitted plat,the residential lots appear to meet all UDC dimensional standards for the TN-R zoning district;this includes compliance with the net density requirement. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC 11-6C-3). The proposed preliminary plat and submitted plans appear to meet all UDC requirements but the plat should depict the proposed lots that have zero lot-lines (proposed attached and townhome products) to ensure compliance with setback requirements with the future building permit submittals. Therefore, the Applicant should revise the plat to depict the applicable zero lot-lines with each applicable final plat submittal. Note: The proposed common driveways within the project(S total) comply with UDC requirements as no more than three (3) lots are shown off of each. However, the City has experienced some issues at the ends of common drives where one property owner does not have adequate space on the common drive to back out of their garage and then head towards the public road. To ensure this type of conflict does not occur, at the time of final plat submittals, the Applicant should submit common drive exhibits showing adequate area for residents to back out of garages without trespassing on the building lot at the end of the common drives. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations for the proposed residential dwellings. Note that detached single-family homes do not require Design Review approval therefore Staff does not review these for compliance with any standards. However,townhomes (an attached housing product) and single-family attached dwellings do require administrative design review (DES) approval prior to building permit submittal.With that future application submittal Staff will analyze the elevations for the townhomes and single-family attached dwellings against the Architectural Standards Manual; the DES application should be submitted with the first final plat application for all required housing types. The submitted elevations depict single and two-story homes with two-car garages and varying home styles. Specifically, the Applicant shows the single-family attached, townhomes, and the alley-loaded detached single-family homes (noted as the Carriage Home product). The elevations Page 9 depict differingfield materials and designs utilizing lap siding with stone accents, awnings of different materials, and varying roof profiles offering an overall array of potential homes. The Applicant has not submitted conceptual elevations for the traditional front-loaded detached single-family product; the Applicant should submit these prior to the City Council meeting to be compliant with checklist submittal standards and allow Staff to ensure these homes along the collector and Meridian Road have adequate modulation and varying roof profiles. G. Access(UDC 11-3A-3, 11-3H-4): Main access to Allure Subdivision is proposed via construction/completion of a new collector street(W. Quartz Creek Street) along the entire south property boundary that connects from the west boundary of the site to Meridian Road/SH 69 at the mid-mile point consistent with the construction of E. Quartz Creek Street on the east side of Meridian Road. The approved Briar Ridge project to the south is constructing at least half of the proposed Quartz Creek street section with a majority of the required pavement. According to ACHD,Allure should complete the remaining six(6) feet of pavement and construct the remaining curb, gutter, and detached sidewalk within 27.5 feet of additional right-of-way on the north side of this collector street. The submitted preliminary plat shows compliance with these requirements except that the Applicant is required to dedicate additional right-of-way,per ACHD. The remaining roads proposed within this development are local streets that are at least 33 feet wide with 5-foot detached sidewalk and 8-foot parkways creating a beautiful streetscape and identity for the entire project and continuing the traditional neighborhood design that Briar Ridge was approved with to the south. As discussed in previous sections, secondary emergency access to Meridian Road is required by the Meridian Fire Department after 30 homes are constructed. Staff recommends this emergency access is constructed at the northeast corner of the property as depicted as option`B"on their emergency access exhibit(Section VILG)and is constructed with phase I development— additional trip generation and access analysis is below in the Traffic Impact Study analysis sub-section.The Applicant is proposing to stub a local street to the north boundary near the midpoint of the north property line for future connectivity to Amity Road. This connection will be needed for additional phases of development per ACHD(discussed below). In addition to the stub street along the north boundary,the submitted preliminary plat also shows two stubs to the western boundary for future connectivity. ACHD has approved the proposed stub street locations and road network but notes multiple streets require traffic calming within the site because they exceed 750 feet per ACHD standards. The specific streets that require traffic calming for ACHD are listed within their staff report(Section VIII.K). Staff supports the proposed street layout and stub street locations so long as the proposed stub to the north boundary is aligned so that only one property owner can construct the full local street section or at least half-plus-12 feet of the required pavement on their property for safe access to Amity Road. Despite the fact the UDC measures street length differently than ACHD, Staff agrees that multiple streets within the subdivision should include traffic calming. The Applicant should work with ACHD on the best options for qualifying traffic calming and revise the preliminary plat to show the proposed traffic calming along S.Ametrine Avenue, W.Allure Street, W. Cusick Street, S. Solaris Avenue, and W. Caldera Street with the applicable final plat submittals. NOTE: Meridian Road/SH 69 is currently being studied by the Idaho Transportation Department (ITD) for corridor improvements from Overland Road south to Orchard Avenue in Kuna under the Idaho 69 Corridor(Story Map—Idaho Highway 69 Corridor Plan). The mid-mile intersection at the southeast corner of the subject project is part of this study and is proposed to be designed with a reduced conflict U-turn (RCUT)intersection that eliminates Page 10 left turns and thru-traffic from lower-volume roads. See exhibit below for an example of what the Quartz Creek/SH 69 intersection could look like. Proposed Allure Subdivision —40 acre parcel A 0 K m a � D � 2 LOCAL ROAD ti C Reduced Conflrc•t LF Tura Crossing Page 11 Despite proposing to construct a collector street that connects to SH 69, ITD does not find this as direct access because no buildable lot is proposed with direct lot access to the state highway. The approved Briar Ridge project to the south was required to enter into a cost share agreement for the road and intersection improvements along SH 69 in lieu of constructing any road improvements with their development. According to the submitted memo from ITD dated September 29,2022,this Applicant is not required to enter into a cost share agreement but is instead required to dedicate an additional 12 feet of right-of-way along Meridian Road for the purpose of constructing a future southbound right-turn lane from SH 69 onto W. Quartz Creek Street. The specific condition notes a"future"turn lane but then goes onto state specific plans are required by the Applicant inferring that they are required to construct this turn lane with this development. The Applicant should work with ITD to verify the timing of this required improvement. Staff would recommend constructing this southbound right-turn lane with phase I development in a location that will not require it to be reconstructed at a future date. This would create a safer entrance onto Quartz Creek Street for both projects proposed to take access from it. The subject project is proposed with over 100 units(226 units) so a Traffic Impact Study(TIS) was required. Due to the property requiring access to Meridian Road/SH 69,the Applicant was required to submit the TIS to both ACHD and ITD. Staff s summary and analysis of this report and the conditions of approval is below. Traffic Impact Study Analysis: According to the submitted Traffic Impact Study(TIS),the proposed Allure Subdivision will generate approximately 2,154 additional vehicle trips per day with 216 of those trips occurring per hour in the PM peak hour. The Applicant's traffic impact study has been analyzed by ACHD and ITD and specific conditions of approval are outlined in their staff reports (see exhibits in Section VIII). Despite ACHD analyzing and discussing the TIS in their own report, Staff finds it necessary to highlight the main points of discussion and road improvement requirements, specifically those related to the overall access points for the project. Per the ACHD staff report, the additional vehicle trips from this development will push the Quartz Creek access to SH 69 over the allowed threshold for a singular collector street access, 3,000 daily vehicle trips. Specifically, Briar Ridge to the south accounts for approximately 2,000 of those allowed trips so Allure is allowed to add an additional 1,000 trips.As noted, this development is proposed to generate over 2,100 daily trips so less than half of the proposed building lots can be constructed prior to an additional public street access to a different public road is constructed. ACHD has included a condition of approval that prior to ACHD signature on the final plat containing 101"building lot, secondary public street access is required. The proposed secondary connection has been discussed and is along the north property line, shown as S. Hermatite Avenue. This connection should and would connect north to W. Amity Road, an arterial street and is stubbed to a property that is not annexed into the City and does not have any active projects. Staff has had preliminary discussions with the potential developer of that mixed- use designated site but nothing has been submitted to the City. Therefore, the timing of this secondary public street access is unknown at this time and thus a concern. Because of the timing issue and the potential of this local street not being extended for some time, Staff is including a condition of approval that no more than 100 residential building permits are issued for this site until secondary public road access is constructed consistent with the ACHD condition of approval. Should the Applicant obtain a private agreement with the adjacent property owner/developer for that parcel(S1236110060, 4975 S. Meridian Road) to extend the public road to Amity, the proposed condition will become void. Page 12 H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table II- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. However, all of the local streets are proposed as at least 33-foot wide street sections which accommodate on-street parking where no driveways exist. Furthermore,because of the proposed alley-loaded homes and inclusion of parkways,the entire length of streets adjacent to the alley- loaded products can be utilized for on-street parking as no driveways will be present. I. Sidewalks(UDC 11-3A-17) &Pathways(UDC 11-3A-8): 5-foot wide detached sidewalks and 8-foot parkways are proposed along all internal streets consistent with the requirements for the requested TN-R zoning district. The Applicant is also proposing detached sidewalk on the north side of the collector street along the south boundary as required by code for sidewalks adjacent to collector streets. The proposed sidewalks and parkways meet UDC 11-3A-17 standards and ACHD standards. In addition to the internal sidewalks,the Applicant is required to construct a segment of 10-foot wide multi-use pathway along the Meridian Road frontage,per the Master Pathways Plan. The Applicant is showing this required pathway segment within a landscaped common lot,per code requirements. J. Development Along State Highways (UDC 11-3H): The full east boundary of the proposed project has frontage along Meridian Road/SH 69 which requires noise abatement per UDC 11-3H-4. The Applicant is proposing to construct a 5-foot berm with a 6-foot wall on top of it to total at least 11 feet above SH 69 centerline height, a foot above the code requirement. This wall,berm, landscaping, and required multi-use pathway is located within the required 35-foot wide common lot along the entire frontage and outside of the ITD right-of-way. The required wall should modulate along the highway frontage;the submitted landscape plans show compliance with this requirement.At the northeast corner of the property, there appear to be two breaks in the wall which will minimize its effectiveness at noise abatement as required. The southern portion that is missing appears to be due to the location of a sewer main which does not allow permanent structures to be constructed over them. However, the northern piece that is missing does not appear to have a justification and so the berm/wall should be extended as close to the north property line as possible. UDC 11-3H-4B.3 also requires construction of a"street, generally paralleling the state highway, to provide future connectivity and access to all properties fronting the state highway..."The Applicant has shown compliance with this requirement by proposing to finish constructing a portion of the mid-mile collector along the south boundary, a series of local streets connecting north-south through the site, and proposing to stub a local street to the north boundary for future access to Amity and for that future mixed-use development. Other analysis regarding other access standards of this code section are analyzed above in Section F. K. Landscaping(UDC 11-3B): The required landscaping regulated by code within the proposed development are the following areas: that area within the proposed parkways(UDC 11-3A-17 and UDC 11-313); the common open space lots, and;the required landscape street buffers to Meridian Road and W. Quartz Creek. The submitted landscape plans show landscaping in these areas as proposed. 8-foot wide parkways are proposed throughout the site to comply with the zoning requirements of Page 13 the TN-R zoning district.Parkways are required to be vegetated with an average of I tree per every 35 linear feet to be compliant. The submitted landscape plan appears to show compliance with this requirement but the calculations table does not note the linear feet of parkways along the interior local streets and the required number of trees; the Applicant should correct this with the Final Plat submittals to ensure compliance with this requirement. In addition, common open space is required to be landscaped with one (1) tree for every 5,000 square feet of open space. The submitted landscape plans show trees and vegetation in the large central open space lot that meets the minimum number of trees (124,000 square feet divided by 5,000 equals 25 trees). According to the submitted landscape plans, 26 trees are proposed in this open space area and this does not include the perimeter trees that are required for the parkways and would not count towards this requirement. The landscape buffer along Meridian Road is required to be 35'wide and contain the required multi-use pathway within it. The submitted landscape plans show compliance with these UDC requirements for the buffer width, number of trees, tree spacing/grouping, and additional vegetative ground cover; the submitted plat is consistent with the landscape plan and also shows at least a 35 foot wide common lot along Meridian Road. Staff finds the required collector street buffer along Quartz Creek to also be compliant with these standards by providing trees in excess of code and a wider buffer than required(35 feet total versus 20 foot minimum). The Applicant is also proposing a number of micro pathways within common lots that create linear open space and additional breaks in the streetscape for added pedestrian connectivity through the project. UDC 11-3B-12 requires that trees be placed on both sides of these pathways and the submitted landscape plan shows compliance. L. Qualified Open Space and Amenities(UDC 11-3G): Allure Subdivision is proposed with a preliminary plat area of approximately 37 acres in the TN- R zoning district requiring a minimum of 15%qualified open space (or 5.6 acres)and a minimum of eight(8) amenity points,per UDC 11-3G-3 & 11-3G-4. The Applicant is continuing a segment of multi-use pathway along the Meridian Road that is approximately'/4 mile long which equates to two(2) amenity points. In addition to the pathway, the Applicant is proposing a swimming pool with changing facilities and restrooms which qualifies for six(6)amenity points and a playground area which qualifies for two (2)amenity points, all within the central open space lot. Therefore,the Applicant is proposing amenities worth a total of 10 amenity points and exceed the minimum requirements of UDC 11-3G-4. The Applicant's open space exhibit(Section VII.D) shows 6.96 acres of qualified open space (approximately 18.6%), exceeding the minimum required amount of 5.6 acres. However, some of the areas noted on the exhibit as qualifying do not qualify per UDC 11-3G-3 standards because they are not at least 20 feet in width. Staff does not recommend these areas be revised to add an additional few feet as they are already remnant pieces along end-caps of housing blocks that do not entirely meet the intent of the open space code. Further,the removal of these areas is nominal and will not affect the Applicant's compliance with the minimum open space requirements. It is important to note the Applicant's qualified open space calculation does not include any of the parkways within the development which is qualifying open space if the correct number of trees are added to the parkways. Therefore,the actual proposed qualified open space vastly exceeds the minimum amount required by code. The Applicant does not need to use this area as qualified open space to meet the minimum 15% amount and parkways are already required as part of the site design for the requested TN-R zoning district. So, Staff is not concerned the open space exhibit does not show this area but would recommend this area is added to the exhibit to ensure a fully accurate open space calculation is depicted in the record. This revision should occur prior Page 14 to the City Council hearing Overall,Staff supports the proposed open space and the proposed amenities and their locations being centralized within the development for fairly equitable access by all future residents. M. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan and appears to meet UDC standards as proposed except for the lack of fencing noted adjacent to the common drives and the 6-foot open vision fencing proposed adjacent to three micro-path lots (Lot 21,Block 2,Lot 16, Block 3, &Lot 8 Block 10). Per UDC 11-3A-7A.7b, when an open space lot is not greater than 250 feet in length and is fully visible from a public street, open vision is not required and 6-foot tall closed vision fencing is allowed. In order to help with future privacy concerns by residents, Staff recommends the fencing shown and installed along these areas is closed vision fencing and not open vision. The Applicant should revise the landscape plan at the time of the applicable final plat applications. The submitted landscape plans do not depict any fencing adjacent to the common drives as required by code for properties that do not take access from the common drive. Therefore, with the future final plat applications, the Applicant should revise the landscape plans to depict the proposed fencing on the required common drive exhibit. N. Pressurized Irrigation(UDC 11-3A-15): The Applicant is required to provide a pressurized irrigation system for the development in accord with 11-3A-15. Land Development will review pressurized irrigation plans in more detail when specific plans are submitted with future Final Plat applications. VI. DECISION A. Staff: Staff recommends approval of the requested Rezone,Development Agreement Modification,and approval of the requested Preliminary Plat application per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on October 6,2022.At the public hearing,the Commission moved to recommend approval of the subject Rezone, Preliminary Plat, and Development Agreement Modification requests. 1. Summary of Commission public hearing_ a. In favor: Jon Breckon,Applicant Representative;Jim Percy,Project Property Owner. b. In opposition: None C. Commenting: Jon Breckon;Doug Connolly,nearby church land owner; Jim Percy. d. Written testimony:None relative to this specific project. e. Staff presenting application: f. Other Staff commenting on application: None 2. Key issue(s) public testimony a. Support of project and desire to partner with Applicants in this area to help construct the access to Amity for the purpose of getting a local street access instead of an arterial access and a connection to sewer services; b. Support of project and appreciation of Staff s assistance following the passingof f the original developer,Matt Schultz. 3. Key issue(s)of discussion by Commission: a. Proposed common driveways in their numbers and noted concerns with trash collection and overflow parking; Page 15 b. Timing of development phasing, specifically in regards to nearby urban services and the needed access to the north to Amity; c. Proposed parking for alley-loaded townhomes—confirmation that each unit has a tuck- under garage as well as a parkingpad/driveway; d. Clarification on any motion regarding the emergency/secondary access required for Fire; e. Requirement and timing of the deceleration lane and turn-lane onto Quartz Creek Street from the north; f. Concern over the singularly proposed pool and its size for the proposed number of homes and future residents—caution to the Applicant on size of pool and potential of additional amenities being needed in the future. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on November 1,2022. At the public hearin ,tg�he Council moved to approve the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of the City Council public hearing: a. In favor: Jim Percy,Property Owner; Jon Breckon,Owner Representative: Doug Connelly,neighboring property owner. b. In opposition: None C. Commenting: Jon Breckon;Jim Percy; Doug Connelly. d. Written testimony: Doug Connelly—support of project and desire to collaborate to get sewer and public street connection from project to Amity Road to the north. e. Staff presenting application: Joseph Dodson,Associate Planner f Other Staff commentin own application: None 2. Key issue(s)of public testimony: a. Support of project and desire to partner with Applicants in this area to help construct the access to Amity for the purpose of getting a local street access instead of an arterial access and a connection to sewer services; b. Support of project and appreciation of Staff s assistance following the passingof f the original developer,Matt Schultz. 3. Key issue(s)of discussion by City Council: a. Proposed parking for alley-loaded townhomes—confirmation that each unit has a tuck- under garage as well as a parkingpad/driveway; b Clarification on the discrepancies between the ITD requirements for the two adjacent projects(Allure and Briar Rid" C. Timing of development phasing, specifically in regards to the needed secondary_public street access to the north to Amity; d. Does staff have any concern with the type of housing design and densities proposed with Allure and Briar Ridge and the precedent they are setting uu—Answer is no: transitional densities are anticipated further away from Meridian Road. 4. City Council change(s)to Commission recommendation: a. None Page 16 VII. EXHIBITS A. Rezone Legal Description and Exhibit Map DESCRIPTION FOR TN-R ZONE ALLURE SUBDIVISION A parcel of land located in the Southeast 1/4 of the Northeast 1/4 of Section 36, T.3N, RAW., B.M., City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the Northeast corner of Section 36 from which the East 1/4 corner of said Section 36 bears South 00°37'38"West,2641.53 feet;thence South 00137'38"West, 1320.76 feet along the east line of Section 36 to the REAL POINT OF BEGINNING; thence continuing along said east line,South 00°37'38"West, 1300.77 feet; thence leaving said east line on a line parallel with and 20.00 feet north from the South boundary line of the Southeast 1/4 of the Northeast 1/4 of said Section 36, North 89°21'32"West, 1,316.52 feet to the west boundary line of the Southeast 1/4 of the Northeast 1/4 of said Section 36; thence along said west boundary line,North 00°34'27"East, 1,304.39 feet to the Northeast 1/16 corner of said Section 36; thence along the north boundary line of the Southeast 1/4 of the Northeast 1/4 of said Section 36,South 89'12'04"East, 1,317.74 feet to the REAL POINT OF BEGINNING. Containing 39.39 acres, more or less. End of Description. Kk. LA c. \G Nsa_ ?"& Ir 1 779 A �O 9TF OF P AO= o�M me PN' Page ] of ] Page 17 S.25 S.30 E. Amity Rd. S.36 S.31 I •. 0 0 N M NE1/16 S89`12'04"E 1317.74' f lJ Real Point Of Beginning � � O •N O Cpm '� OLLJ .� TN—R Zone M.N N 39.39 Acres` o v M �m:0 '71 (n 0 O Z I I I :7/4\ N89'21'32"W 1316.52' \S.36 S.31 1 \See Detail// `4 �\aNQI LAND o LEGEND \GEN� G M C // la Section Corner 779 �N8�21�32"W 1316.512' Property Corner (ZZ,La22PZo 20.00' e 1/4 ——————— Property Boundary Line OE pp ——— Section Line '� McCAM� 5.36 S.31 �T 1 V Scale: 1"=300' Detail Scale: 1" = 50' 0 75 150 300 600 P:\P—il west 40,E 21-024\d.\n-024 Rezo—d" 6/22/2922 4:56 14 PM Exhibit Drawing For Job No. I DAHO --- 21-024 9965W.EMERALD ST. TN--R Zone Sheet No. SURVEY BOISE,IDAHO 93704 (20e)646-&70 Allure Subdivision 1 GROUP, LLC Located In The SE1/4 Of The NE1/4 Of Section 36, Dwg. Date T.3N., RAW., B.M., Ada County, Idaho. 6/22/2022 Page 18 B. Preliminary Plat(dated: 6/15/2022) NOT FOR 1=� ALLURE SUBDIVISION ONSTRVCTIO LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 36,T.3N.,R.1W.,BM,ADA COUNTY,IDAHO m * DEVELOPMENT INFORMATION BENCHMARK 1-"" &DATUM F 1 aj =T 77. ,77 CONTACTS 11 - F � I � �.. M 1T - - m Lu - SITE PLAN DRAWING INDEN 7 O 0 i LW�CJ� VICINITY�MAP J 1p, ¢ PHA L$111�11'LL1"-I��� PHASE 4 � rI r o PHASES .� TYPICAL 38'ROW ROAD SECTION m i T� NOTES I ! PHASE 2 I'PHASE 1 „� !1 IL'IIJI a _ - - v"t1 tl �� JTFT I ,r-cvm acne/iov (PHASING MAP .. v 2 TYPICAL 86 R.O.W.ROAD SECTION PP1,0 Page 19 NCi'11'W'W 12A.14' 801 I 7177-F-f-- I Q ® O O 19 „ t2 8 ® l ® ® I ® I © 6, �I I I I I I O © ® ® ® 49 4 Ifllll1ff1111 I� � I 48 I a I I I I I (IIIIIIIIII IIIII I� IIII IIIIIIIIII IIIII � II II IIIIIIIIII IIIII- _ II II IIIIIIIIII Illu- I w rxmu m ��llll IIIJ I ,nll, -- I I I I •O�1Q I amr r�lll� I � � 19 1 OO l O l@ I Og l O l I OP I t4 I Q I t©I ,9 '�I�l�l I Q O I ®jlii�ljlllll lllllll Illil O ® _— Iiinnnl Ili W■�Q sir I I I _I_ I I_ � I g I I � I I � I I I C I — 1 9P ��iililiiiiill IIII- '� I ® I I IIIII all I ,I,I III III IIII I I ,71 ,81191®I©I®I I®,®I�I®I�I�I®I®I Q ® , _ ,IIIIIIII IIII I I I I I I I I I I I I I I I -- �Illunl IIII I ® I _ Illuuu n IIuu1Iu1 � —— I w AFIIln Sr � � i Q i ® i i i I I O O ® (IIIIII IIII l r nnm un "^ � ■ IIIIII IIII ,P ,0 IIIII IIII. m IIIII IIII I O ar � � I I � � ® Illilulu IIIII �_ ■ - __ Iuu nll wpralGT fr I ® Illul lul I um IIuu III IIII I I eeax a lu aU ill hill W I 17 19 13 I aI I —_I I — I O IIIII IIII p ��� 16 IIIII IIII ~ '� I 17 ,7 1��_�� I I I I I I IT uuu ilia Y •I O I I I I I lol —,8 Ilillilli Illiu�. � xap'� � IIIII IIII � w alsac aR I t4 IIIIII IIII fi — _ _ _ 111111 IIII _ __ IIIIII IIII o I I I 1 I I ■ r I "eR�V I I I I I I I ,a IIIIII IIII. I � I©I®I@I O1 O1O1®IOi,oI—I�I1al14 I, I,Ej t©te I�l O l o l�l I O I O I O I O 19P l O l IIIIII IIII —— ul IIIIII I IIII 11 uull Im IIIIII IIII Ill OOYYIEVR _I I I I Iluu Ill I I I— I 176 I I —j j—I— I I IIII I I uluu lulu p 101®IOI @ I©101@I©I,e 77 ,�2 to l,4 s,a Q,s ' I 0 to to t� ,� ,e 1 to ® ® ® I iilulu IIIIII I I I I I I I I I I I I I I I I I I I I ■ law IIII 10 IIIII IIII I IIIII lul ® — ooar IIIII III 0 weuulear IIIII Illl � —~ I O IIIII IIII 1A I IIIII IIII III IIIII IIII r I ■°° --�L-L-- --��_L_l�__1I L1A_LA ;, IIIIII I ,---- IIIII IIII.- I Y ill w4uxrial+ffKm -------------------------------- Page 20 C. Landscape Plans(date: 6/15/2022): FT- r-T-1-T-FT � J.I - 3 r _~ d .i _J -- `fi. C` f q Ji-i i-LI_Lu]1 ITI IF ALLURE SUBDIVISION -- Tj 5385 S. MERIDIAN ROAD ¢ p ..a MERIDIAN,IDAHO 83642 Page 21 PLANT SCHEDULE .a x 1 . I— I ald a. "I • I. .; ' 6HRUBfJP9ENNLLLS/OIYIANINfAL t]iA66 + µ j��l�� �'A �_ I I I I I I I I I•I•1•1•1•1 I �,��'^. i��.`-•••*•� � •1 1 1 1 1 I I"I 1 1 1 1 1 -- -- CITY OF MERIDIAN o M•� 7 LANDSCAPE REQUIREMENTS 1 1 1 1 1 I"I•N^1•I'I' 1'I'I•I.1'I'I•I•I F . __ __ � f8JCN0fN0e1.xEOI11xEMFN18 J z ma CL IT w Bill h0b, Lu -- -- TUBE STEEL FENCE ?w J • I.1.1� �L1,1.LI"I"I.I^LI^I"I �I•I•I.I I�I. �1•1.I.I � ' 4. •���.�' J ¢m -- •I 1 I d l l l I 1 1 I 1 1 1 1 I I -- J E .I,1,1,I,1.1�I,I.1^.1.I^I^I. I I I I I I I I ', NlII� .iKawenmen� Q Q O ' 11 1 1 1 1 1 1 1 1 1 1 1 I I I•I°I^I'I ^I"1' •1•I• _— �'y`•`•"®�'� ..m SHRUB PLANTING I I•I•I I I . 1.1 I " I I I I I 1 1 �__ .a"�erww e{��'� OVERALL LANDSCAPE PLAN •ZVINYL FENCE PANEL , a.1a2°` �w-^� f 4 BOULDER INSTALLATION IN ¢ SHRUB/PERENNIAL BED '"` L10 a Page 22 D. Open Space Exhibit(dated: 6/15/2022): CITY OF MERIDIAN ALLURE SUBDIVISION OPEN SPACE REQUIREMENTS QUALIFIED OPEN SPACE I_OPEN 6PALB Ktxa,_ =AI 51TF ARFA. (AVALIPIEV OFEN SPALPJ 1,626044.'12 SP 31O 5py,94 M-54 A d 1545 IBb% LANDSCAPE LEGEND a Aumv OPEN 5PAGE -1 1 T AREA=2,084 SQ.FT. AREA-17,453 SQ,FT. AREA=2,974 SQ.FT. AREA=29755Q.FT. F I AREA=3,156 SQ.FT. LL AREA=2,675 SQ.FT. a d LL AREA=2,895 SQ.FT. � oN " m I I AREA=2,675 SQ.FT. a I a a AREA=2.049 SQ,FT. AREA=4.048 SQ.FT. AREA=4,023 50.FT. AREA=3,151 SQ.FT. _ AREA=118.094 50.FT. LL LL _ d 6 I ' w `t IAREA=1,694 SQ.FT. AREA=1,613 SO.FT. I ri a EL AREA=1,663 SQ.F7 d dAREA-2,674 SQ_FTAREA=1,534 SQ.FT. I T AREA=31,862 SQ,F 1. AREA=17,706 SQ,FT. W.QUARTZ CREEK ST Scale:1'=200' „tl 1ei ALLURE SUBDIVISION 06f1512022 21141 MERIDIAN, ID 83642 0 utl OPEN SPACE EXHIBIT X1,0 Page 23 E. Phasing Plan(dated: 9/28/2022): PHASE 5 .- 7T 14 single family attached 17 single family IMME T 1i4 PHASE 4 41 townhome lots FrrT]F FTT-F-T--,, (18 alley loaded) PHASE 3 32 townhome lots 16 single family lots 14 single family attached I I I I I = I I I PHASE 1 PHASE 2 20 single family attached lots 32 townhome lots 24 single family lots 18 single family lots Scale_1"=200' 8/2022 ALLURE SUBDIVISION 9,21141 we"d"I' MERIDIAN, IDAHO _ _ Ma�� PHASING EXHIBIT PH1,0 Page 24 F. Unit Type Site Plan: 1 r - T 14� NOT FOR ONSTRUCTIO o 1 �.. v r 11 �k- <, I� - i PLAT LEGEND 1'I II CIIq 6 O FT FD RESIDENTIAL UNIT SUMMARY ? Z o Z �7 Lu 41 �I wrcr . s l I I � . ti Q Q j @i O j'iti' llrcA CI` 1 Ill ll �l y ;o n� �....�- ..... - m ELIMINARY PLAT OVERALL PR Page 25 G. Emergency Access Options Exhibit: Nrl � II i I PHAS PHAS 4 I PHASE 3 t unii I �I I t I PHASE 2 PHASE 1 I I (DPHAQING MAP N 200 O 200 400 600 Page 26 H. Conceptual Building Elevations _ NV s DUPLEX HOMES ALLURE I'm. Moon TOWNHOMES Page 27 f3 F r � . m ill 1" CARRIAGE HOMES ALLUREMERIDIAN, ID Page 28 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Within six(6)months of the City Council granting the subject modification,the owner shall sign and obtain Council approval of the amended development agreement that includes an updated development plan per the submitted preliminary plat, as shown in Section VII.B; the amended DA shall include the following provisions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan,phasing plan, open space exhibit, and conceptual building elevations included in Section VII and the provisions contained herein. b. The Applicant and/or assigns shall not obtain more than 30 residential building permits prior to the emergency access being reviewed and approved by the Meridian Fire Department. c. The Applicant and/or assigns shall not obtain more than 100 residential building permits prior to a secondary public road access being constructed and approved by ACHD. d. The remaining width of W. Quartz Creek Street(the new collector street along the south boundary),the required multi-use pathway, and the required collector and arterial landscape buffers adjacent to W. Quartz Creek and S.Meridian Road/SH 69 shall be constructed and vegetated with the first phase of development. e. Applicant and/or assigns shall dedicate additional right-of-way for SH 69/Meridian Road per the ITD Memo and construct a southbound right-turn lane from SH 69 onto W. Quartz Creek Street with the first phase of development. f. Until the such time the entire property develops,the current agricultural uses of the property shall be allowed to continue for those phases of the project not yet platted;this does not allow the existing home to remain on the property and said structure shall be removed with the first phase of development. g. The elevations/facades of 2-story structures that face S. Meridian Road, an entryway corridor, and W. Quartz Creek Street, a collector street, 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. 2. The preliminary plat included in Section VII.B, dated June 15,2022, shall be revised as follows with the applicable final plat submittals: a. Revise the plat to show ACHD approved traffic calming along W. Quartz Creek Street, S.Ametrine Avenue,W. Allure Street,W. Cusick Street, S. Solaris Avenue, and W. Caldera Street, coordinate with Meridian Fire and ACHD as necessary. b. Depict the required emergency access to Meridian Road/SH 69, as approved by the Meridian Fire Department. c. With each applicable final plat submittal,revise the plat to depict any proposed zero lot-lines for the single-family attached and single-family townhome dwellings. Page 29 d. Add a plat note stating that direct lot access to S. Meridian Road/SH 69 and W. Quartz Creek Street is prohibited. 3. The landscape plan included in Section VII.C, dated June 15, 2022, shall be revised as follows prior-to the City r,,, nei ho.,fi*g with the applicable final plat submittals: a. Revise the landscape plan to match the plat revision noted in VIII.A2 above. b. Depict the required berm/wall combination along Meridian Road to extend to the north property line to minimize the breaks in the wall. c. In the landscape calculations table, show the linear feet of parkways and include the required number of trees and proposed number of trees in accord with UDC 11-3B- 7C. d. Revise the fencing adjacent to three micro-path lots(Lot 21,Block 2,Lot 16,Block 3, &Lot 8 Block 10)to be 6-foot privacy fencing. e. With the future final plat applications, depict the proposed fencing adjacent to the proposed common drives. f. Any landscaping within the ITD right-of-way shall be landscaped in accord with UDC 11-3B-7C.5. 4. Prior-to the City Conneil hearing,the Appheant shall submit eoneeptual elevations foF the proposed detaehed single famity dwellings. 5. Prior to the City Council hearing,the Applicant shall submit a revised Open Space Exhibit depicting the qualifying parkways throughout the development. 6. At the time of relevant final plat submittals,the Applicant shall submit common drive exhibits showing adequate area for residents to back out of garages without trespassing on the building lot at the end of the common drives—said exhibits shall depict, at a minimum: building envelope, fencing, common landscaping, and anticipated driveway locations. 7. Future development shall be consistent with the minimum dimensional standards listed in UDC 11-2D-3 and UDC 11-2D-6 for the TN-R zoning district. 8. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 9. The Applicant shall comply with all ACHD conditions of approval. 10. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1I- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 11. Applicant shall comply with the noise abatement standards as set forth in UDC 11-3H-41). 12. Applicant shall comply with all fencing standards as set forth in UDC 11-3A-6&UDC 11- 3A-7. 13. Prior to the first Final Plat submittal,the Applicant shall obtain Administrative Design Review(DES) approval for the townhomes and single-family attached dwellings within this development. 14. Prior to signature on a final plat,the applicant shall submit a public access easement for the multi-use pathway segment along Meridian Road to the Planning Division for approval by City Council and subsequent recordation. The easement shall be a minimum of 14' in width (10' pathway and 2' shoulder on each side). Page 30 15. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-313-14. 16. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-613-7. B. PUBLIC WORKS DEPARTMENT Site Specific Conditions of Approval 1. Each phase of the development will need to be modeled to verify minimum fire flow pressure is maintained. 2. If a well is located on the site,it must be abandoned per regulatory requirements. 3. Seepage bed must be 25'from waterlines unless additional protection is provided. There are at least two spots where this requirement is not met. 4. Dead-ends that will be extended require a blow-off. 5. Before full build out,two connections to the existing water system will be required; the second connection can be made to the north or back out to Meridian Rd. 6. Additional 15,800 gpd committed to model. WRRF decline balance is 14.37 MGD. 7. Master Plan line needs to be 12"with a slope of 0.28%. To and through slopes for all lines including 8" should be minimum slopes(where min slope for the 12" line is 0.28%). 8. Applicant required to abandon 12"main in Meridian Rd being installed as part of Briar Ridge development to the south so that Briar Ridge development sewers through this property. Applicant MUST work with Briar Ridge to determine location where 12"main is to connect to south. 9. Provide to-and-through to S1236110060 and 51236121090. Provide sewer connection in ROW instead of common lot. 10. Provide 14'wide access path for existing manhole located at eastern boundary. Due to distance from road provide a hammer head turn around for a 40'x 9' service vehicle. 11. Provide 20'easement for sewer outside of ROW. 12. Angle into/out of manhole needs to be 90 degrees minimum in the direction of flow. Multiple manholes do not appear to meet this requirement. 13. Ensure that manhole at W. Cusick St. and S. Blue Quartz Ave. is not located in the curb/gutter. 14. For common driveways with 3 or less lots,do not have mains located in common driveways. Run services from main in ROW. 15. See exhibit in public record titled"WW comments—Allure;" arrows showing direction of sewage flow should be corrected. 16. Ensure no permanent structures(trees,bushes,buildings,carports,trash receptacle walls, fences, infiltration trenches,light poles, etc.)are built within the utility easement. 17. Ensure no sewer services cross infiltration trenches. General Conditions of Approval Page 31 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 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(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. Page 32 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping,amenities,etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 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 prof ect. 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 htip://www.meridianciiy.orgZpublic_works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Page 33 Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=269062&dbid=0&redo=MeridianC i &cr=1 D. SCHOOL IMPACT TABLE https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=275920&dbid=0&repo=MeridianC iv E. BOISE PROJECT BOARD OF CONTROL(BPBC) https://weblink.meridiancity.oL-glWebLink/DocView.aspx?id=269876&dbid=0&repo=Meridian C iv F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridianciU.org/WebLinkIDocView.aspx?id=270088&dbid=0&repo=MeridianC hty G. MERIDIAN POLICE DEPARTMENT(MPD) https:llweblink.meridianciU.or lWebLink/Doc View.aspx?id=269061&dbid=0&repo=Meridian C ia H. PARKS DEPARTMENT-PATHWAYS https:llweblink.meridianciU.orglWebLink/Doc View.aspx?id=266529&dbid=0&r0o=MeridianC iv I. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=276143&dbid=0&repo=MeridianC hty J. IDAHO TRANSPORTATION DEPARTMENT(ITD) Conditions Memo- https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=276629&dbid=0&repo=MeridianC iv K. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.or lWebLink/Doc View.aspx?id=275993&dbid=0&repo=MeridianC iv IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive Page 34 plan; City Council finds the proposed zoning map amendment to Rezone the property from the R-4 zoning district to the TN-R zoning district with the proposed preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; City Council finds the proposed zoning map amendment and the request for the development complies with the regulations outlined in the requested TN-R zoning district and is consistent with the purpose statement of the requested zone and traditional neighborhood zoning districts in general. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Subject site is already annexed so City Council finds this finding nonapplicable. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Page 35 City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section W for more information.) 5. The development will not be detrimental to the public health, safety or general welfare; and, City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis and has offered their support of the proposed development with the proposed road layout in mind and with specific conditions of approval. 6. The development preserves significant natural,scenic or historic features. City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 36 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Idak Subdivision (SHP-2022-0010) by Sawtooth Land Surveying, located at 840 E. Ustick Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:--- AND DECISION&ORDER , In the Matter of the Request for Short Plat approval to subdivide an existing single-family building lot into two (2)single-family building lots on approximately 2.09 acres in the R-2 zoning district,by Sawtooth Land Surveying. Case No(s). SHP-2022-0010 For the City Council Hearing Date of: November 1, 2022 (Findings on November 15, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 1,2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 1,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of November 1, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 1, 2022, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR Jdak Subdivision—FILE#SHP-2022-0010) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 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 Short Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 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-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions,the Director FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR Jdak Subdivision—FILE#SHP-2022-0010) -2- or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter.When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. 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, 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 §§ 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 November 1,2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Idak Subdivision—FILE#SHP-2022-0010) -3- By action of the City Council at its regular meeting held on the 15th 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 11-15-2022 Attest: Chris Johnson 11-15-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 11-15-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Idak Subdivision—FILE#SHP-2022-0010) -4- EXHIBIT A STAFF REPORTC� fE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O ------ ---------- HEARING 10/18/2022 -_- DATE: TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner _SEq --- 208-884-5533 I SUBJECT: SHP-2022-0010 -- E.USTICN'RO - Idak Subdivision ILA 1 LOCATION: Located at 840 E.Ustick Road, on the - ' north side of E. Ustick Road near the 1/2 — mile mark between N. Meridian Road "u and N. Locust Grove Road, in the SW "" 1/4 of the SE 1/4 of Section 31, Township 4N, Range 1E. I. PROJECT DESCRIPTION Short Plat request to subdivide an existing single-family building lot into two (2) single- family building lots on approximately 2.09 acres in the R-2 zoning district, by Sawtooth Land Surveying. IL APPLICANT INFORMATION A. Applicant: Amy Rosa, Sawtooth Land Surveying—2030 S Washington Ave,Emmett, ID 83617 B. Owner: Blaine Bergin—840 E. Ustick,Meridian, ID 83646 C. Representative: Same as Applicant III. NOTICING City Council Postin Date Legal notice published in newspaper 10/2/2022 Radius notice mailed to property owners within 500 feet 9/29/2022 — Page 1 Posted to Next Door 9/30/2022 IV. STAFF ANALYSIS The proposed short plat will split an existing residential lot into two (2)building lots for the purpose of constructing a dream home on the new lot. The existing home is proposed to remain and is located within the required landscape buffer to Ustick Road, an arterial street. The Applicant has requested Alternative Compliance(ALT)to the buffer width due to the existing landscaping and the location of the home; further analysis is below. As noted,the subject property has public road frontage along E. Ustick Road, an arterial street,that abuts the properties south boundary. Ustick Road was recently widened to its anticipated width and was reconstructed with 7-foot attached sidewalk on both sides of the roadway. Therefore,pedestrian connectivity along the arterial is code compliant. The subject property was annexed in 2019 (H-2019-0098)for the purpose of connecting the existing home to City water& sewer. At the time of annexation, future plans for the property were not yet known so the City annexed the property with the R-2 zoning designation delineating that the property would be low density residential in the future, consistent with the future land use designation on the subject property. Further, due to the existing home remaining and the anticipation that future development would require subdivision, access to the site was noted to be analyzed with future applications in accord with UDC I 1-3A-3. Therefore, Staff is analyzing access to the property with this short plat application. Current access to the property is through a shared driveway along the southeast corner of the property that is located on the adjoining county parcel to the east, 870 E. Ustick. However, according to the submitted plat,the access easement is on the subject property with a portion of the easement encroaching on the corner of the existing home and not on the adjacent county parcel. With the subject applications,the Applicant is proposing a new access for the new building lot located where the current curb cut exists to Ustick near the midpoint of the south property line. UDC 11-3A-3 requires properties that currently take direct access to arterial streets to take access from a local street upon development. In this case,no existing local streets are available to take access from and Staff finds requiring this property owner to create a new local street would create minimal opportunities for future extension nor provide access to a relevant number of properties. Further,the intent of UDC 11-3A-3 is to"improve safety by combining and/or limiting access points to collector and arterial streets and ensuring that motorists can safely enter all streets."Therefore, Staff is recommending the following revisions to the proposed access consistent with UDC standards: 1. Relinquish existing rights to the shared access easement with 870 E. Ustick; 2. Add a common drive,within a common lot, along the west and north property boundaries of the proposed Lot 2,the lot containing the existing home; 3. Show existing home and proposed home to take access from new common drive instead of the shared access to the east; and, 4. Add a note to the plat stating cross-access for the proposed building lots (Lots 1 &2) and for access to 870 E. Ustick, consistent with UDC 11-3A-3. Staff has included a depiction of the proposed common drive location in Exhibit VI.0 below for visual purposes. In addition, it is unclear if the existing home has a garage consistent with off-street parking requirements in UDC 1 I-3A-6. The Applicant should verify the number of bedrooms of the existing Page 2 home and note on the plat the location of the garage. If there is no garage,the Applicant is required to construct a garage consistent with UDC standards. The Applicant has submitted two landscape plans that together depict the proposed landscape buffer along Ustick Road. Per UDC 11-2A-4, a minimum 25-foot wide landscape street buffer is required along Ustick. As discussed above,the Applicant is requesting Alternative Compliance to this requirement for the landscape buffer along Lot 2 for the existing home to comply with UDC dimensional standards. The submitted short plat depicts the required 25-foot landscape buffer on the remaining buffer length but the submitted landscape plan depicts only 15 feet of landscaping along Ustick on Lot 1. Staff does not support a reduction of the landscape buffer along Lot 1 and this area was not included in the ALT request, so the Applicant should revise the landscape plan prior to submitting for plat signature to depict the required 25-foot street buffer width. Further,the submitted landscape plan for Lot 1 does not appear to depict adequate ground cover consistent with UDC 11- 313-7 and UDC 11-313-5 by depicting landscape rock as the main ground cover material. Therefore, the Applicant should revise the landscape plan to depict adequate ground cover to comply with UDC standards prior to City Engineer's signature on the plat. ALTERNATIVE COMPLIANCE(UDC 11-5B-5B.2): The Applicant is requesting Alternative Compliance to the landscape street buffer dimensional standards outlined in UDC 11-2A-4 for the R-2 zoning district which requires a minimum 25-foot wide landscape street buffer to arterial streets. The alternative compliance proposal requests the City consider the location of the longstanding home and the existing landscaping along the Ustick frontage. According to the submitted landscape plans and plat,the Applicant is depicting a 15-foot wide landscape buffer along Ustick to be contained within an easement, as allowed by UDC 11-313-7. This buffer is shown to depict two trees, a number of columnar trees, and shrubs. Further,placing the landscape buffer within an easement allows the building setback to be measured from the back of sidewalk instead of the back of the buffer;therefore,the landscape buffer will not create a setback nonconformity for the existing home since it is approximately 17 feet from the back of sidewalk. After taking the existing conditions of the site into account and reviewing the landscape plan, Staff finds the proposed landscaping to be a sufficient means of complying with the landscape buffer dimensional standards and the required landscaping standards outlined in UDC 11-2A-4 and UDC 1I- 3B-7,respectively. The Director has approved the request for alternative compliance to Unified Development Code (UDC) 11-2A-4 for the subject property and only for the buffer depicted along Ustick on the proposed Lot 2,based on the required Findings listed in UDC 11-5B-5E, as follows: 1. Strict adherence or application of the requirements are not feasible; or The Director finds it is not feasible to meet the UDC requirement referenced above due to the location of the existing home relative to the recent widening of the adjacent arterial street, Ustick Road. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the Applicant's proposed alternative means of complying with the intent of the UDC, as proposed in the attached landscape plans and plat,provides an equal means of meeting the requirement. Page 3 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Director finds that the alternative means will not be materially detrimental to the public welfare or impair the intended use and/or character of surrounding commercial property nor the approved multi family development. Staff has reviewed the proposed short plat for substantial compliance with the criteria set forth in UDC 11-6B-5A.2 and the required zoning regulations of the R-2 zoning district and deems the short plat to be in substantial compliance with said requirements, except for those outlined to receive alternative compliance above. V. DECISION A. Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report and in accord with the findings in Section VIII. B. The Meridian City Council heard these items on November 1,2022. At the public hearing.the Council moved to approve the subject Short Plat request. 1. Summary of the City Council public hearing: a. In favor: Amy Rosa,Applicant Representative: Blaine Bergin,Property Owner b. In opposition:None c. Commenting: Amy Rosa d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Access to the site bein via common drive lot versus common drive easement 4. City Council change(s)to Staff recommendation: a. None Page 4 VI. EXHIBITS A. Short Plat(dated: October 2022) IDAK SUBDIVISION BOOK PAGE LOCATED IN THE SW1/4 OF THE SWI14 OFSECTION 39 T.4 N.,R.I E,B.M.,CITY OF MERIDIAN,ADA COUNTY,IDAHO x�aut:RncnEs n 2022 -.E dl@mil --- I fGfMl - 5@PSS'IB'E 93.OT��� uev ; ----------------- RurNora nxna'�xa.xmce..�*v w.x:.answ.n Wo"cw,Fs+.r.sw ss ', !3m ioy rcaa=nM=rvor w.r�avmnou-nucrwirerrmsasecv�xavc ergxt 'i Ig Y6 r1]�AGAm'x�aern��w�_ cer �� �1) '� sure a�nv�wn"o rcmwwuuwmrr��xvnxvwewui�,��� Lxe Gl�R x>�m�m:,raerun� w•�uv.mrlsva�nr mein tvmnnm qI I M}R1CR Sti11MVEfINI mF.oe axsrxnmeeuamne esumox ixuuexv. ^n.rmvuwu p,� �i f-u� _____________ �_-_ pwtsmgyu yr�wypysA.ixnyyyLvvmugytyeMt e�ew G®may z 'i i� e `� v(n� `'AI G� �gyw",�mx£��w�inx�rvn wn��w�ianv Nrs wmrm'nxxuavmu wrtl�a'rtllIDm q c �,�� no zwna�nrsfinerr xnxrn rleuuw �a �_ .t� G 'd M tlE wwelnffxuu - ii ii r------------�- i i snsnxc�n ixwsssEw¢s 1� eacuexr xisr.vn.aimw - -----�- -------�- - �w' -�- ---�_ err W rnrmnamosz _ o-smltli-�e�m� 33 32 uaa . __—_TMum� .,,,,,, EusncKRn. user nvemf BFnfMoxu� rarue a4'�S OFl�9RLNG �xetnFPL.S - _ - — xer�rez w 6' S SLELVVLSION N04 51i9n EFON NOI LEGEND cvsrme[saexeoruvr ti mN'nmusae� 2030 S-WASHINGT(1NAVF- -- — xwNreswr ® 5l1RVEYORS NAARArNE REF£REN(13 1O1'°� m�w��r. wva�r.,mm,�wv EMMETT,ID 83617 _- `H."`�'t w` ® �w• ti" oumsasmowreuevnrmaluw cuwmx�rsro`�w wlr«.. �� �ruew.�r.ra,uon.v, (208)398-8104 FAX(208)39B-8105 e Ww_';Awr0GTHLS.CoN sf¢�: wTE: oruwN ar:nxxrm sr: was: x: Km�z lu>-a'nz Page 5 - r;p I ?ta,.ss r I rya I ------------------------•--LU II 1 I � I I 1 I � I ' iI I, JO 1� JR' �•�1� I I Ifi I I ' I , _ J ' Lu G r h3 d'SJ----- } ACTT UME k rya -- -F s 74-f nM 11y 7I i I I T - y5 � L y� LA!s L1l Nr Ih61 Na 31 QR4 1 r I 1 1 W I L yM Jr Mp, I 1 I I I L1W-tArMM I I K ht II M]gRl PPG�4s1R1'L�1[� ' i $ it I 1 '4• � .. ck I I I 2'F L�hRSf#�ELMF�Fi k 1 N0.�,F r r '~ - LUST FIGW 1hG KLI_-MWNVA �3 1 1 ' --— J LAIS Gl NrIh6y ND 31014E R J�I'lTw¢ 47' -f z: 4 '714'fl IF a•�a�rrv-� I eau as Page 6 B. Landscape Plans(dated August 2022): PLANT LIST I❑ anll PlanNai Name Lata a 9cFatlulad Strs GSAC Columnar Sloe Allas Catlar Conikrs 8-12'WII DESIGNS KFG 6'I(ad FomesNlalR tlGrass Om nGrdssas-eambors io-a4�' SLMP 3'SMwm.—Pwarl Mu o PIre SF mb 5 aL 'TBWCS 1'The 9lues'Wue In Coloratlo 91ue5 Conlle 10.14',all ItIS11)FNl'1.11_1.1F'IJ-AI'1'.I11_S'14�N 1 21114-ti 11 1711': I II cxininc srnncniaa — --- II I n �/A BLOCK 1 1 I I n- I 1 � L I I 4 I � rz r � EU M LA �E M� IHI-1na F R E I ooK1��eLLEal�Lou�aP«sEM� � 1 Yy C1O �. HIE—LE—EHT ��:.R�wA�.wA. Ex1�.1aa mEE eEMo�,� �.�mn�,�«��Mon�o awl I=am �a�aETE wn�wAr USTICK RD. scut ca4¢sue r'-a' Nl.v�orzrz .volznl Page 7 o m..,, E ' -- ,., snared eas ern F �a 15:land sot neighbors scapo bak ... PmPerty Page 8 C. Common Drive Visual—Staff Reeemmendation kr jo !dirt NjAr h �# h � I I W � h C � I 1 I DIY %new"* LIP M � 1 ..�.. � It rr I `un 1 1 Iq �'•Re+ I L el1,r,�,r.�rKe«a.�r� Y ' p q �R y al�wAn Affiw up i � I - aR Ullaalr u1w + Ysf 1 .1 ■ ll L%W r Kart Ira jp h s i----—a---------- *--- A Jam.; +r am ,� sy •a x"r t ,._ i hM w i4rwwr TR&Iih4Jx �AI��aM 11�f Page 9 VII. 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-2019-0098. 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. Prior to submittal for the City Engineer's signature, obtain the signatures from the Ada County Highway District and Central District Health Department. 4. The short plat prepared by Sawtooth Land Surveying in August,2022 by Fritz Brownell, included in Section VI.A, shall be revised as follows: a. Add a common drive,within a common lot,along the west and north property boundaries of the proposed Lot 2,the lot containing the existing home, substantially consistent with the exhibit in VI.0 above OR obtain Alternative Compliance approval to place the common drive within an easement instead of a common lot consistent with the revised plat, as depicted in Exhibit VI.A above. b. Show existing home and proposed home to take access from new common drive. c. Add a plat note granting cross-access for the proposed building lots(Lots 1 &2)of this subdivision and 870 E. Ustick to utilize the new common drive. d. Direct lot access to Ustick Rd is prohibited in accord with UDC 11-3A-3. 5. Per UDC 11-513-513.2,the Director(at the applicant's request)approved alternative compliance regarding the landscape buffer width on Lot 2 (UDC 11-2A-4). See"Alternative Compliance"section above for staff analysis. 6. Prior to submittal for the City Engineer's signature on the plat,revise the landscape plans to depict the required 25-foot wide buffer along Ustick Road on Lot 1 per UDC Table 11-2A-4 and vegetated in accord with UDC 11-3B-5 & 11-3B-7 standards. 7. The existing home on Lot 2 and any future home on Lot 1 shall adhere to the off-street parking standards outlined in UDC 11-3C-6 based on the number of bedrooms per household. 8. The common drive shall be constructed and maintained in accord with UDC 11-6C-3D standards. 9. An exhibit shall be submitted with the Final Plat Signature application for the common driveway that depicts the setbacks, fencing,building envelope and orientation of the lots and structures in accord with UDC 11-6C-3D. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 10. Prior to obtaining City Engineer's signature on the plat,the Applicant shall provide written verification that their interest in the shared access easement(Inst. #310704)between 870& 840 E. Ustick has been relinquished(i.e. a new recorded document releasing all interest in said easement). 11. 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. Page 10 B. Public Works Site Specific Conditions: 1. Single 1 inch service should be installed for new home because of long private-side service length. 2. Ensure no sewer services pass through infiltration trenches. 3. A streetlight plan will be required for the development of this property. General Conditions: 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 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. 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. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 10. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. Page 11 11. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancioy.oMIgublic works.aspx?id=272. 19. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 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 Low Density Residential and the current zoning district of the site is R-2. City Council finds the proposed short plat complies with the Comprehensive Plan and is being developed in accord with UDC standards for the existing zoning district and previous approvals. B. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided to this property and are adequate to serve the future commercial building sites. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Page 12 City Council finds that the development will not require the expenditure of capital improvement funds. All required utilities were provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; City Council finds that the development will not require major expenditures for providing supporting services as services are already being provided to the immediate area. E. The development will not be detrimental to the public health, safety or general welfare; and City Council finds the proposed short plat to create a new residential building lot will not be detrimental to the public health, safety or general welfare, if all conditions of approval are met. F. The development preserves significant natural,scenic or historic features. City Council is not aware of any significant natural, scenic or historic features associated with short platting this site. Page 13 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Slatestone Subdivision (H-2022-0039) by T-0 Engineers, located at 2707 S. Stoddard Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI ' N,, AND DECISION&ORDER A In the Matter of the Request for Annexation and Zoning of 5.04 acres of land with the R-8 zoning district and a preliminary plat consisting of 15 single-family building lots and 4 common lots on 4.85 acres in the requested R-8 zoning district,by T-O Engineers. Case No(s). H-2022-0039 For the City Council Hearing Date of: November 1,2022 (Findings on November 15, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 1,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 1,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of November 1, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 1, 2022, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Slatestone Subdivision—FILE#H-2022-0039) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Zoning and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 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 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Slatestone Subdivision—FILE#H-2022-0039) -2- determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(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, 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 §§ 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 November 1, 2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Slatestone Subdivision—FILE#H-2022-0039) -3- By action of the City Council at its regular meeting held on the 15th 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 11-15-2022 Attest: Chris Johnson 11-15-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 11-15-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Slatestone Subdivision—FILE#H-2022-0039) -4- EXHIBIT A STAFF REPORTC� fE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING ll/l/2022 Legend DATE: V Project Location TO: Mayor&City Council ® ' FROM: Joe Dodson,Associate Planner } -- 208-884-5533 e SUBJECT: H-2022-0039 v o m Slatestone Subdivision ° LOCATION: Located at 2707 S. Stoddard Road, in the a_ NE 1/4 of the SW 1/4 of Section 24, ® ' Township 3N, Range 1 W. I. PROJECT DESCRIPTION Request for Annexation and Zoning of 5.04 acres of land with the R-8 zoning district and a preliminary plat consisting of 15 single-family building lots and 4 common lots on 4.85 acres in the requested R-8 zoning district,by T-O Engineers. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—5.04 acres; PP—4.85 acres Future Land Use Designation Medium Density Residential (MDR, 3-8 du/ac) Existing Land Use(s) County residence which will remain on one of the proposed lots Proposed Land Uses Detached Single-family Residential Lots(#and type; 19 total lots— 15 residential building lots and 4 bldg./common) common lots Phasing Plan #ofphases) 2 phases Number of Residential Units 15 single-family units Density Gross—3.09 du/ac.;Net—4.31 du/ac. Open Space (acres,total Approximately 0.53 acres of open space proposed [%]/buffer/ ualified) (approximately 10.9%) Amenities Two(2)benches are proposed—not a qualifying site amenity. Neighborhood meeting date March 10,2022 Pagel Description Details Page History(previous approvals) No application history with the City B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via a new local street connection to S. Stoddard Road, an (Arterial/Collectors/State existing collector street along the east property boundary. Access to all Hwy/Local)(Existing and proposed homes is shown from this new local street that ends in a cul-de-sac Proposed) and includes two common drives. Stub No existing stub streets;no stub streets proposed. Street/Interconnectivity/Cross Access Existing Road Network No, except S. Stoddard,the collector street. Proposed Road The Applicant is required to dedicate additional right-of-way for S. Stoddard Improvements Road to total 35 feet from centerline and construct curb, gutter, and sidewalk. Capital Improvements Stoddard Road is scheduled in the IFYWP to be widened to 3-lanes from Victory Road to Plan/Integrated Five Year Overland Road to be designed in 2022 and constructed in a future year. Work Plan The intersection of Stoddard Road is scheduled to receive an enhanced pedestrian crossing to be designed in 2022 and constructed in a future year. Bridge#2085 is scheduled in the IFYWP to be replaced as part of the Stoddard Road widening to be designed in 2022 and constructed in a future year. Victory Road is listed in the IFYWP to be widened to 3-lanes from Linder Road to Meridian Road to be designed in 2026 and constructed in a future year. Fire Service • Distance to Fire 1.1 miles from Fire Station#6. Station • Fire Response Time The project lies wholly inside of the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#6 reliability is 83%(above the goal of 80%) • Accessibility Proposed project meets all required road widths, and turnaround dimensions. Water&Wastewater • Impacts/Concerns See Public Works Site Specific Conditions in Section VIII. 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NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 7/5/2022 10/15/2022 Radius notification mailed to properties within 500 feet 6/30/2022 10/13/2022 Site Posting 9/22/2022 10/21/2022 Nextdoor posting 6/30/2022 10/13/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(https:llwww.meridianciby.or /g compplan) Medium Density Residential(MDR)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The subject 4.9 acres currently contains a large home and what appears to be a horse stable and pasture. The subject site is abutted by a public road to the east, Stoddard Road, where the new local street access is proposed. Abutting to the north and west property lines is an existing R-8 development, Fall Creek Subdivision; to the south is County residential not yet annexed into the City of Meridian. The subject property is designated as Medium Density Residential on the future land use map consistent with existing development to the west and north. Due to the existing street along the east boundary and no other existing stub streets to the property, the Applicant is proposing to take access from Stoddard in the approximate location of the existing driveway at the northeast corner of the property. No other access to Stoddard is proposed, consistent with City code. The Applicant is proposing 15 building lots on 4.85 acres of land which constitutes a gross density of 3.09 units per acre, nearly the minimum density allowed within the MDR designation. The Applicant is proposing to reserve the existing home on nearly an acre sized lot and one additional large lot along the west boundary for the existing property owners. The minimum building lot size proposed throughout the rest of this project is approximately 6,150 square feet which exceeds the 4,000 square foot minimum lot size for the requested R-8 zoning district. The adjacent developments are of similar density but have building lots that are larger in size directly abutting the site than what are proposed with this project, however, no more than 2 building lots are proposed adjacent to any single existing lot along the north boundary. The same is true of the County parcels to the south that directly abut the Ridenbaugh Canal on their south boundary; the existing home lot and the proposed common lot along the south boundary should offer an adequate buffer to the existing residences to the south. Because the proposed development is consistent with the existing development to the west and north and no access to an arterial street is proposed,Staff believes annexing this land into the City is in the best interest of the City and is a logical expansion of City zoning and development so long as the Applicant adheres to Staff s recommended DA provisions and conditions of approval. However, the size of the property is just below the 5 acre minimum that would require 15% qualified open space within the requested R-8 zoning district.Staff does not find it prudent to require a minimum 15% qualified open space when Bear Creek park is a quarter mile to the north off of Stoddard.However,Staff voiced concerns with the originally proposed open space Page 4 for this development and a desire to create an area where people can congregate andlor kids can play within this development.In response, the Applicant has proposed additional linear open space along a portion of the north boundary with a micro pathway that essentially creates a pedestrian loop within the subdivision between the two linear open space lots along the north and south boundaries. The Applicant has also included two park benches along the widest portion of the new linear open space between building Lots 3& 4 when no amenity was proposed previously. Staff finds the latest revision creates more active open space as the walking paths are repeatedly noted as a used amenitylopen space within subdivisions. However, much of this area would not qualify as linear open space per the open space code section because it is not at least 20 feet wide and is instead I5 feet or less in some areas. Therefore,Staff recommends all of the proposed linear open space be at least 20 feet wide to comply with open space standards(UDC 11-3G-3)and comply with the intent of open space code. An alternative presented by Staff was to replace one of the lots within the subdivision and add a common open space lot for more active recreation and use. Should Commission or Council prefer a larger common open space lot over the proposed linear open space,Staff recommends a centralized location for the development(i.e.Lot 2, 4, or 10) and an amenity be located within it. Staff prefers this option over the proposed micro paths but is not specifically recommending it at this time. With Staffs recommended revision,Staff finds the proposed project to be generally consistent with the Comprehensive Plan, as discussed above. Specific Comprehensive Plan policies are discussed and analyzed below. The City may require a development agreement(DA) in conjunction with an annexation and rezone pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a DA that encompasses the land proposed to be annexed and zoned with the provisions included in Section VIII.AL The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the rezone and annexation approval.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies(https:llwww.meridiancioy.or /�compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D). The current property owner of the subject site intends to remain in their home while also reserving an additional lot or two for future use for their children. Staff finds this forethought and the subsequent design to develop their remaining acreage with approximate 6-8,000 square foot building lots allows for a variety of housing options based on the needs,preferences, and financial capabilities of the existing resident and future residents. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools,fire, and parks" (3.02.01 G).All public utilities are available for this project site due to the utilities being available in Stoddard Road.Applicant is required to dedicate additional right-of-way for future Stoddard Road improvements (upgraded from two to three lanes in the future). The newest Fire Station (station#6) is approximately I mile away and so the project is wholly within the response time goal of the City. West Ada School District has not sent a letter regarding this application but with a relative low number of homes (1 S) a large number of school aged children is not anticipated to be generated by this development. In Page 5 addition, Victory Middle School is within walking distance of the subject site so any children in that age group would be able to get to school safely and efficiently. Staff finds that the existing and planned development of the immediate area create appropriate conditions for levels of service to and for this proposed project. "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A). The proposed project will construct detached sidewalk along Stoddard Road and extend needed sidewalk along the west side of this street for safer access to Victory Middle School, approximately'/a mile to the north. Further, the Applicant has proposed a looping micro pathway network for the project that easily connects to the required sidewalk along Stoddard adding to the overall pedestrian connectivity and access to the nearby school and park. "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction."(2.02.02F).As discussed, the Applicant is proposing the subject project with density at the low end of the allowed density(approximately 3.1 units/acre), similar to the density within the adjacent subdivision to the west and north. Further, the Applicant is proposing a I acre lot in the southwest corner for the existing home and linear open space common lots between the subject site and the existing County residential properties to the south and a few of the properties to the north along the north boundary. "Require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is proposing to construct a new local street within the development that has sole access to the adjacent collector street, Stoddard Road. The Applicant is not proposing to stub a street to the south boundary as both ACHD and the Applicant believe the redevelopment potential of the two lots to the south is minimal due to their existing shapes and the existence of the Ridenbaugh Canal and Stoddard abutting two of their three sides. Therefore, Staff does not find it necessary to provide a stub street to the south and finds the proposed street layout is sufficient in its design for the proposed plat. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: According to GIS imagery,there is an existing home that is to remain at the southwest corner of the property and an outbuilding that appears to be a horse stable and pasture;these structures and pasture are proposed to remain as part of Phase 2 for the project,per the submitted phasing plan (see below). Furthermore,the existing access for this site is via a driveway connection to W. Stoddard Road that will be converted to a public street. Staff has included a DA provision that the existing outbuilding/stable must be removed upon phase 2 development, consistent with accessory and primary structure restrictions. D. Proposed Use Analysis: The proposed use is detached single-family residential with a minimum lot size of approximately 6,000 square feet,based on the submitted plat(Exhibit VII.B). This use is a permitted use in the requested R-8 zoning district per UDC Table 11-2A-2 and all lots are shown to meet the minimum lot size requirement of 4,000 square feet and the minimum street frontage requirement of 40 feet. In fact,the majority of lots within the subdivision are proposed with at least 60 feet of frontage,more consistent with the R-4 district.The Applicant has noted the development is expected to develop in two phases with an intent to keep the existing home and outbuilding and Page 6 some pasture within phase 2. Phase 1 is proposed with 12 lots and both common driveways and Phase 2 is proposed with the remaining three (3)building lots. E. Dimensional Standards(UDC 11-2): The residential lots are shown to meet all UDC dimensional standards per the submitted plat. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). The Applicant is proposing two (2) common drives within the project; one in the southeast corner of the project for access to Lots 16& 17 and an additional common drive near the northwest corner for access to four lots (Lots 5-7 and Lot 9). Lot 8 common drive appears to comply with all standards outlined in UDC 11-6C-3D. However, the construction of the Lot 14 common drive does not appear to comply as it creates a sidewalk gap on the public street and does not extend 20 feet past the property line for Lot 16. ACHD does not call this out in their staff report but Staff finds that Lot 14 should match Lot 8 in its design and not be a part of the public road network as depicted on the submitted plans. The Applicant should continue the curb, gutter, and 5-foot sidewalk between Lots 13& 18 consistent with the curve of the public street and mirror the design of the Lot 8 common drive. In addition, the Applicant should extend the common drive 6 feet further to the south to ensure at least 20 feet of frontage for Lot 16. The Applicant should make these revisions with the first final plat submittal. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations for the proposed detached single-family homes.Note that detached single-family homes do not require Design Review approval therefore Staff does not review these for compliance with any architectural standards. The submitted elevations depict a number of different architectural designs of the modern style home with shed roof designs as well as dormers.In addition, all homes are shown with 3-car garages (some RV garage bays) and a variety of window designs. The field materials shown appear to be of high quality siding and stucco with stone accents and varying garage door materials. Overall, Stafffinds the submitted elevations to show high quality and attractive single- family homes. G. Access(UDC 11-3A-3, 11-3H-4): Access is proposed via a new local street(shown as W. Scoria Court)connection to S. Stoddard Road approximately 345 feet north of the Grizzly Drive on the east side Stoddard Road. There are no existing stub streets adjacent to the site and Stoddard runs along the entire east boundary which is why the Applicant is proposing an access point to this collector street and proposing W. Scoria to end as a cul-de-sac within the site, as shown on the submitted preliminary plat. Further, according to the proposed plat,W. Scoria is proposed as 33-foot wide local street with 5-foot attached sidewalks and Stoddard is shown to be improved with curb, gutter,and detached sidewalk outside of the additional right-of-way dedication required with this development. The proposed street design complies with all UDC standards and ACHD conditions of approval, according to the ACHD staff report. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table H- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. Note that there is opportunity for on-street parking where there are no driveways because W. Scoria is proposed as a 33-foot wide street section. Page 7 I. Sidewalks(UDC 11-3A-17): 5-foot wide attached sidewalks are proposed along the new proposed local street.W. Scoria and 5-foot detached sidewalks along the west side of S. Stoddard Road, consistent with UDC and ACHD requirements. The proposed sidewalk dimensions also meet UDC 11-3A-17 and ACHD standards. However,the Stoddard frontage is shown as an alternative multi-use pathway segment and the Parks Department has requested that 10-foot sidewalk be added along Stoddard in lieu of the 5-foot sidewalk currently shown. Consistent with the Master Pathways Plan, Staff is recommending this revision. According to the submitted plat and landscape plan, the proposed detached sidewalk along Stoddard is shown within ACHD right-of-way but at least 6 feet from the new curbing and added pavement proposed with this project, consistent with the UDC. With the requirement of the multi- use pathway along Stoddard, the Applicant may be required to submit a public access easement; the Applicant should continue working with ACHD to determine who will maintain the pathway based on its location within the ROW. Staff does have concerns with the proposed micro paths and sidewalk connection near the common drive at the southeast corner of the site, Lot 14.According to the submitted plans, the micro path connects to the common drive and utilizes it as a pedestrian pathway. The City does not desire this type of design for pedestrian and vehicles to share the same surface if it can be avoided. Therefore, Staff is recommending 5-foot wide sidewalk be added to the common drive on either side of the common drive for added pedestrian safety. This recommendation will require the 5 feet to be taken from the adjacent lot to the west(Lot 13) or the lots to the east(lots 16-18). J. Landscaping(UDC 11-3B): A 20-foot wide street buffer is required along S. Stoddard Road, a collector street, landscaped per the standards in UDC Table 11-3B-7C. All landscape areas should be landscaped per UDC 11- 3B-5, general landscaping standards. Lastly, according to the submitted plans,the Applicant is proposing micro-paths which should be landscaped in accord with UDC 11-3B-12 standards. The Applicant is showing a common lot along S. Stoddard that is at least 20 feet in width and located wholly outside of the additional right-of-way dedication required by ACHD consistent with code requirements. The Stoddard landscape buffer is depicted with 9 trees, sod, and landscape beds with shrubs, consistent with UDC 11-3B-7. The Applicant is also showing landscape beds on both sides of the new local street connection to Stoddard with two trees on the south side of this entrance adjacent Lot 19. All street landscaping complies with UDC requirements. As discussed, the Applicant has proposed linear open space and micro paths around and through the development. These areas should be landscaped in accord with UDC 11-3B-12 with trees at least every 100 linear feet and include other vegetative ground cover. According to the submitted landscape plans, the Applicant is proposing trees in excess of code requirements with landscape beds, shrubs, and sod throughout. Stafffinds the proposed landscaping meets or exceeds code requirements. Staff notes that with the recommended revisions to widen some areas to at least 20 feet in width, additional trees and vegetative ground cover should also be added to remain compliant with UDC 11-3B-12 OR lose one of the aforementioned buildable lots in order to provide more usable open space for the development. K. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Page 8 According to the revised landscape plans, the Applicant is proposing to keep the existing 6-foot vinyl privacy fencing along the perimeter of the property compliant with code. The Applicant is also showing 6-foot vinyl privacy fencing along the sides and rear boundaries of the building lots adjacent to the proposed micro paths. This fencing is not code compliant as these linear open space areas are set behind building lots and are not visible from end-to-end. Therefore, the Applicant should revise the landscape plans to depict open vision fencing or semi private open vision fencing consistent with UDC 11-3A-7 adjacent to Lots 2, 3, 10-13, & 16. L. Utilities (UDC 11-3A-21): The Applicant is proposing and is required to extend necessary public utilities for the proposed detached single-family dwellings within the Slatestone Subdivision. Public Works has reviewed the subject applications for compliance with their standards and finds them to be in general compliance except for specific conditions outlined in Section VIII.B of this report. Staff notes that the Applicant is proposing to place sewer within a common lot and the common drive at the southeast corner of the property. Because the Applicant is placing a sewer main within a common lot, it must have a drivable surface over top for City access. This is shown on the submitted plans but also depicts a hammerhead type turnaround that is not required by the City. Because it is not required, Staff recommends removing the western piece of this turnaround to square up the southeast corner of Lot 13 and provide more area that can be landscaped behind Lot 13 up to the required 20 foot wide sewer main easement. M. Waterways(UDC 11-3A-6): According to satellite imagery,the subject site contains an irrigation ditch along the southern boundary. The submitted plat depicts this irrigation ditch but does not show it on the subject property. In accord with UDC 11-3A-6B.3, if the irrigation ditch is on the subject property,the Applicant is required to pipe the ditch. Prior to the Commission hearing, the Applicant should verify the location of the irrigation ditch and if said ditch is proven to be on the subject property, the Applicant should revise any relevant plans to depict this ditch as being piped prior to the City Council hearing, in accord with UDC 11-3A-6B. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat applications with the requirement of a Development Agreement per the conditions of approval in Section VIII of this report per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on October 6, 2022.At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Becky Yzaguirre,Applicant Representative; b. In opposition: Leona Raines,Neighbor; C. Commenting: Becky Yzaguirre; Grant Brookover,Project Engineer; Leona Raines; d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Kurt Starman,Deputy City Attorney. 2. Key issue(s) testimony Page 9 a. Concern over proposed development being ad to two county parcels to the south; b. Desire for homes along south boundary to be limited to 1-story homes; 3. Key issue(s)of discussion by Commission: a. Proposed linear open space versus singularge common open space area as discussed in staff report; b. Recommendation to widen sidewalk along Stoddard to 10 feet to reflect a multi-use pathway—ACHD plans to widen road and include 10-foot sidewalk on each side; c. Purpose of proposed phasing and timing of development by the Applicant; Common driveway design and potential trash collection and parkin issues; sues; 4. Commission change(s)to Staff recommendation: a. None 5. outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian Citv Council heard these items on November 1,2022.At the public hearing,the Council moved to approve the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of the City Council public hearing: a. In favor: Becky Yzaguirre,Applicant Representative: The Rausch's.the Property Owners b. In opposition: None C. Commenting: Becky Yzaguirre; Maria Rausch,property owner. d. Written testimony:None e. Staff presenting application: Joseph Dodson,Associate Planner £ Other Staff commenting on application: Bill Nary, City Attorney: Steve Siddowav Parks and Recreation Department Director. 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Proposal to keep existing Countyapproved daycare operating with home taking future access from a common drive—concern with potential internal traffic issues on the common drive when 3 other lots are also shown taking access from said common drive. b. Can City prohibit a homeowner from stopping a lawful use(in-home daycarel? c. Approval jxrocess for in-home da cares (administrative versus conditional/hearing level d. 10-foot pathway or 5-foot sidewalk along Stoddard and the level of design for Stoddard by ACHD at this time; 4. City Council change(s)to Commission recommendation: a. Add a new DA provision that requires the existing daycare use to cease operation at the time of phase 2 development OR widen the common drive to 25 feet in width. b. Maintain Staff conditions regarding pathway along Stoddard. Page 10 VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit Map Ea T-O ENGINEERS Project No:210791 Date:May 26,2022 Page 1 of 1 CITY OF MERIDIAN ANNEXATION DESCRIPTION A parcel of land located in the NE1/4 of the SW1/4 of Section 24,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho,more particularly described as follows: COMMENCING at an aluminum cap monument marking the South 1/4 corner of said Section 24, from which an aluminum cap monument marking the West 1/16 Corner between Sections 24 and 25 bears N.89120'37"W.,a distance of 1320.23 feet;thence,along the east boundary of said SW1/4, A) N.00051'27"E.,1326.49 feet to the Center South 1116 Corner of said Section 24 and the POINT OF BEGINNING;thence, 1) N.89°22'47"W.,661,06 feet;thence, 2) N.00°48'06"E.,331.46 feet;thence, 3) S.89°25'29"E.,661.35 feet to the east boundary of said SW1/4;thence along said boundary, 4) S.00-51'03"W.,331.98 feet to the POINT OF BEGINNING. CONTAINING:5.035 acres,more or less. rEu 13765 OF 90 0 MA�ti 1 332 N.Broadmore Way Nampa,ID 83687 I P:20B.442.6300 to-engheers.com Page 11 wG C m EXHIBIT SKETCH -CITY OF MERIDIAN ANNEXATION LOCATED IN A PORTION OF THE NE114 OF THE SW114.SECTION 24, TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO 2022 CP&F INST. NO. 0 110049426 C114 COR 4 SEC 24 0' 100, 20U 400' u7 a � I- SCALE:1"=200' a U � I W � I M y O O � r O � O z NOTES S8925'29"E 661.35' Z A z � 1. ALL BEARINGS SHOWN ARE IDAHO o STATE PLANE WEST ZONE (1103) M1 p1i A GRID BEARINGS. ALL DISTANCES ARE GROUND DISTANCES IN US w S1224314800 Mi SURVEY FEET. ifll 2707 S.ST MERIDIAN, ID RD A � o MERIQIAN,ID M �+ Na1 5.035Ac. �I F QI of 0 2 O CS1116 55 EN -- �N89.22'a7"W 66116'- COR POINT OF BEGINNING-7 137 1p� Ifzc/zQ ol , EN OF �B 'MA CA r N Td" 0 Q w z z BASIS OF BEARINGS W 1I16 24 24 114 w N89'20'37"W 1320-23' __ 25 4 ih COR 25 VICTORY ROAD - 25 COR CP&F INST, N0, CP&F INST. NO. 2019-115456 2019-115455 w z LEGEND -- ANNEXATION BOUNDARY --- SECTION LINE FOUND BRASS CAP MON. FOUND ALUMINUM CAP MON. Gral T-O ENGINEERS R ® FOUND 5/6" REBAR 332 N. BROADMORE WAY €1 NAMPA,IDAHO 83687 CALCULATED POINT PHONE:(208)442-6300 WWW.TO-ENGINEERS.COM O E-ALE 210T41•V-1(B Ylnxian Mng pi.dvg DATE V6r 2 KE:2W91 Page 12 B. Preliminary Plat(dated: 9/21/2022) 63AOD NO1S1A149ns3NO1S31v9s Ir 9 Z . UN En ffl — — I —` - — — as aavoaois s - -, --1 -T C) A'M > z Z C) Z' a LL Edo 1 a. M,3 1TH IN Sa "JUA Page 13 7 NEWER AND WATER NOTES 77' 77,7--- _ x LocAL ROAD TYPI-L SECTION-1) STODDARD IDII -11IN(NIINDR CDLLEOTOR) ............... In'2 IlI W.SCORIIACT 0 CL LU I 71 0 71 F- E. LU I 4t. XC2-0 Page 14 C. Landscape Plans(date: 9A22/2022 10/4/2022) NVId E)NIINVId NOISIAI(isnS 3NO1S3iN 71- dOzi SNVId 3dVOS(INV-I.LV-Id AbVNIV411.3dd 4- ti P: CLI �F J . ... ....... J-1 uq Page 15 i�NlfxiO F951l111'hV �BYiA'f YCNL1LQfi x + I ..hf, - �— f5• W.SCORIA qvAiWI v �cxar+nnawr PLANTING PLAN Page 16 D. Phasing Plan: NOTES ow, �-•'�^ �.I I I I I I I � I--- E I W.6o0RIA I I II w _ + pHasE l 1 t I W uj Z Page 17 E. Conceptual Building Elevations J3Aj N . rr � w P�q F r. b� Y� I� w•iJ i �E �i., I k j Page 18 - 1 — --- I Y �f +` •f `�S1 '�k6 21�— T d704 IM i ��� r . q�' i Page 19 y 4-.tom I 4 I Page 20 MIN - ---------...... ------ VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian and the property owner(s)/developer at the time of annexation ordinance adoption, and the developer.A final plat will not be accepted until the DA is executed and the Annexation and Zoning ordinance is approved by City Council. 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 substantially consistent with the approved plat, landscape plan,phasing plan, and conceptual building elevations included in Section VII and the provisions contained herein. b. The existing outbuilding/stable shall be removed upon phase 2 development,consistent with accessory and primary structure restrictions and the approved phasing plan. c. The existing home shall connect to City water and sewer services with the first phase of development. d. Owner of the existing home shall cease the operation of an in-home daycare at the time of phase 2 development OR construct the common drive(Lot 8)to be a minimum of 25 feet wide. e. The rear and/or sides of homes visible from S. Stoddard Road(Lots 16-19) 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. Preliminary Plat Conditions: 2. The preliminary plat included in Section VII.13, dated September 21,2022, shall be revised as follows prior to submitting for Final Plat approval: a. Make necessary revisions to the plat to match the revisions made to the landscape plan in Exhibit VII.0 above. b. Show all linear open space to be at least 20 feet wide consistent with UDC 11-3G-3 standards or lose one of the buildable lots in lieu of a larger and centralized open space lot with a commensurate amenity that is code compliant. c. Direct lot access to S. Stoddard Road is prohibited in accord with UDC 11-3A-3. d. Correct the plat to show curb, gutter, and 5-foot attached sidewalk between Lots 13 & 18 consistent with the curve of the public street e. Show the common drive on Lot 14 to be six(6)feet further to the south to ensure at least 20 feet of frontage for Lot 16. Page 22 f-. Add a 5 feet wide sidewalk to either-side of the Let 14 eemmen dr-ive to eemeet it to the Weal st eet sidewalk and proposedf path i Let 1 5 , .. let. g. Remove the western piece of the turnaround up to the required 20-foot wide sewer main easement shown in Lot 15 to square up the southeast corner of Lot 13 and provide more area that can be landscaped behind Lot 13. h. Depict the required 10-foot wide multi-use pathway along S. Stoddard Road and place it at least four(4)feet outside of the ultimate curb and gutter location to allow for landscaping on both sides of the pathway. Prior to the City Engineer's signature on the final plat for Phase 1, a 14-foot wide public pedestrian easement shall be submitted to the Planning Division and recorded for the multi-use pathway as required by the Park's Department,unless ACHD requires ones. i. Existing home will get a new address upon development of the first phase of this project consistent with the development of the new local street access. 3. The landscape plan included in Section VII.C,dated September-22 October 4, 2022, is approved as submitted. shallbe revisedas follows prior-t submitting f Fin 1 Ul t A: a. Shew all lineaf open spaee to be at least 20 feet wide eensistent with UDG 11 3G 3 standaMs or-lose one of the buildable lots in lieu of a lafger-a-ad eentfalized open spaee b. Make the neeessafy revisions to the iandseape plans to match the plat r-evisiens nete above i VTTT A 7 e. Add additional tfees along mier-o pa4h aot4h of Lots 2&3 to remain eonsistentwith UPC 11 3B 12 following the widening of this area to 20 feet. 3 A 7 is 7 1 10 1 3 P. 16 (r- L':.u fe 1 i UPC 3 ^7 f .1 �z uc2'i4�t6 L�rr��,�v-i�,�v�T 8r t6rr �l �L�-rzvraepicti6ir8 4. Prior-te the Geffffnissien heafing,the Applieai4 shall verify the loea4ioa of the irrigation to be on the subjeet pr-opei4y,the Appheafft should revise any relevant plans to depiet this diteh as being piped prior-to the City Gouneil hearing in aeeer-d with UDC 11 3A 6B. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 7. The Applicant shall comply with all ACHD conditions of approval. 8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-313-6 and MCC 9-1-28. 9. An exhibit shall be submitted with the final plat application for the lots accessed by common driveways (Lots 5-7, 9, & 16-18)that depicts the setbacks, fencing,building envelope and orientation of the lots and structures in accord with UDC 11-6C-3D. Driveways for abutting properties that are not taking access from the common driveway(s) shall be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. Page 23 10. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 11. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. Install two mainline valves on the tee at the connection to Stoddard Rd. 2. Ensure that any water main is 10'from the edge of right of way. 3. A streetlight plan will be required for the subdivision as well as(2) streetlights along S. Stoddard Rd. 4. Applicant to ensure proper separation between water and sewer mains. 5. Ensure no sewer services pass through infiltration trenches. 6. Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles, etc.)are built within the utility easement 7. The geotechnical investigative report prepared by Geo Tek, Inc. indicates 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. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided Page 24 by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non- health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 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 proj ect. 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 Page 25 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(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. C. FIRE DEPARTMENT https://weblink.meridianciV.org/WebLink/Doc View.aspx?id=265657&dbid=0&r0o=MeridianC hty D. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridianciV.orb/WebLink/Doc View.aspx?id=266783&dbid=0&r0o=MeridianC hty Page 26 E. PARKS DEPARTMENT—MERIDIAN PATHWAYS ht0s:11weblink.meridianciV.or lWebLink/Doc View.aspx?id=265658&dbid=0&repo=MeridianC hty F. NAMPA/MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=267285&dbid=0&repo=MeridianC hty G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=267181&dbid=0&repo=MeridianC hty IX. FINDINGS A. Annexation and Zoning(UDC 11-511-3E) 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; City Council finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-8 zoning district with the proposed preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; City Council finds the proposed zoning map amendment and the request for the development complies with the regulations outlined in the requested R-8 zoning district and is consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. City Council finds the annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Page 27 City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VIII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. 6. The development preserves significant natural,scenic or historic features. City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 28 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Subrecipient Agreement Between City of Meridian and NeighborWorks Boise for Program Year 2022 Community Development Block Grant Funds for Homeowner Repair Program SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NEIGHBORWORKS BOISE F'OR PR0GRAM YEAR 2022 COMMUNITY DEVELOPMENT BLOC K GRANT FUNDS This Subrecipient Agreement("Agreement") is entered into this / day of , 2022 by and between the City of!Meridian, a municipal corporation organ 1zed under the laws of the state of Idaho ("City") and Neighborhood lousing Services, Inc_ dba NeighborWorksg Boise,a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement cominunity, 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 C'CD$C") funds; and WHEREAS, pursuant to the wins of this Agreement, the City hereby provides a subs and of the following grant(s) to Subrecipient; grant no. B22MC160006, awarded by HM on May 13, 2022; 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 fart 570 and 2 CFR Part 240, 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 bi11 committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved theCity's Action Plan, avai lability of CDBG funds to City, and rhua to Subre ipient, 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 MLitual covenants of the parties, the Parties agree as follows: i STATEMENT OF WORK A. Activities. Subrecipient shall use City's subaward of CDBG funds in an amount not to exceed one hundred fifty-seven thousand four hundred twenty-three dollars ($157,423). Subrecipient will be responsible for administering Homeowner repair program, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds_ This project is eligible under (I4A) RehabiIitation_ Single-Unit Residential and (I4H) Rehabilitation Administration_ CDBG Funds will be used to reimburse for labor, materials, other costs of rehabilitation of properties, and all delivery vests dirWly related to carrying out housing rehabilitation activities. The primary administrative office is located at 3380 W. Americana Terrace, Ste 120, BoM,, Idaho. See Attachment i for a map of the service location, B. NationaI Objective. Subrecipient certifies that the activities carried out using the City's CDBG funds provided by City under this Agreement witI meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.202. C. Level of Servim SubreelpiM's activities under this Agreement shall pr€ vide at least 7 total PY22 SunRmPIENT A<,rP F F-m F;%rr—HOMEowNER REPAIR PROGRAM PAGE 1 OF 27 Units of Service over the term of this Agreement, For the purposes of this Agreement; "Units of Service" shaII be defined as "Low to Moderate Income Households." Subrecipient shall verify that the household income of clientele served by City's CDBG funds, as defined in 24 C)~R § 5.609, does not exceed the maximum IImits as determined by the U-S_ Department of Housing and Urban Development The current income guidelines are located in the Subrecipient Toolbox at ]7ttps;;it }cridial�c�t .or;�cdbg , D. Stai1FnC. Subrecipiem agrees to provide the City with an Hourly Billing Rate work sheet and job description for each staff member that will be paid using CDBG funds prior to Subrecipient's initial reimbursement request- E. Project schedule. Subrecipient shall submit a sighed, 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 S6edule shall be submitted when delays of thirty (30) days or more are anticipated or experienced. F. Special Conditions. I. Subrecipient undcrstai3ds and agrees that the allocation of CDBG funds may be used to provide services and programs only to City of Meridian residents_ If applicable, Subreoipient shall verify that any and all persons who receive funds granted to Subreciplent pursuant to this Agreement ("Cl ient'') a) reside within the city limits of Meridian, Idaho and b) meet the current CDBG income eligibility guidelines, Subreciptent must deem any Client who sloes not rneet the above requirements to be ineligible to receive CDBG funds and shall suspend use of federal funds for the C'Itent. 2. S ubrecipient certifies that S ubrecipient is in compliance with all applicable Fair Housing Laws, Section 504 of the rehabilitation Act, and Americans with Disabilities Act red ui rements_ 3. City reserves the right to make unannounced visits to SQbrecipient's location in order to verify compliance with all program requirearlents. 4. ifappl1 cab le, Subrecipient may utilize HM's Income Calculator at hups-//www.hudexchange_infolinc mecalc.Wator/ to determine annual household income of any or all Clients based on CDBG criteria. G. Time of performance. Serviom of Subreciptent 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 Subrecipient remains in control of CDBG funds or other CDBG assets, including program incorne_ JF .Si;BRECIPTENT'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 Bloch Grants (CDBG) including subpart K of these regulations, except that(1) Subrecipient does not assume the City's environmental PY22 SuBREeLFiENT AGREEMENT-HO.MF-oANER REPAIR PROGRAM PAc3E 2 Or 27 rmpomibiliues described in 2.4 CPR 570.604 and ( ) Subrecipient does not assume the Cvity's responsibility for initiating the review prods under the provisions of 24 CFR Part 52, and all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement A copy of the Environmental Review record is included as Attachment 5_ B. Uniiforw administrative requirements. Subrecipient shall cornpIy with applicable uniform administrative requirements, as described in 24 CFR § 570.542_ C. Performance won itoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein, Performance monitoring shall include C1ty'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 atIowed no more than three noncompliance performance standards throughout the contract. Noncompliance includes, but is not l imlied 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 inonitoring results with other local CDBG grantees and/or agemAes v4ho are providing funding to Subrecipient. D. Budget. Subrecipient steal l 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 ubrecipient'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:flmeridla,nc1ty.or&dbgi, Progress reports will be due 15 days after the last day of the reporting period. If Progress Reports arc delinquent, reimbursement requests will not be processed until the delinquency is cured. Subrecipient must timely submit Progress Reports even if no activities are conducted within the reporting period. F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplernerit* rather than supplant, funds otheriviy hubby is seise available. G. Client Data. Ifapp€icable, subrocipient shall maintain client data dernonstrating client eligibility for services provided_ Such data shall include, but not be limited to- elient 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 PY22$UBRECIPIEN-TAGRr.EkiENT-HompowNFRREpAiHP1tc !RAM PACf:30F27 the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's resportsibilities under this Agreement, is prohibited by the Financlal Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian- H. Closeout. aubrecipient's obligation to City shal I not end until al 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 ubrecipient has control over CDBC funds, including program income_ L Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, l'UD 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 S ubrecipient within thirty(30) days after receipt of such report by Subrwipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient shall comply with 2 CFR § 200.501, which requires that a1! 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 ISO and 2 CFR Part 200, Appendix II, section (H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i.e., listed on the government.vAde exclusions in the System for Award Management, EL Payment Procedures. 1. Indirect Costs. The City wil1 only reimburse S ubrer-i pient 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 S ubreclp1ent 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 i11 be made for eligible expenses actually incurred by S ubrecipient, 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 b City on behalf of Subrecipient. J. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed one hundred fifty-seven thousand four hundred twenty-three dollars ($157,423). 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 S ubrecip1ent of such release PY22 SuaRreiPIENT AGREE.}wiF.NT-HOWOWNER RUAIR PancitaM PAGE 4 OF 27 and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by S ubrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at http,- mQridianc 1ty car!.`c. lbS.. All reimburrsement requests are to be submitted as needed in coordination with the Community Development ProgramCoordinator- Reimbursement requests shah include the following; transaction, detail completed for the relevant draw request period, timesheets in compl lance with 2 CFR ZOO-430{if applicable), and proof of payment by Subrecipient (such as copy of check and bank transaction information showing payment of check, copy of receipt of payment by contractor or subcontractor, and/or other relevant documentation of payment)- Reimbursement requests must be submitted within fifteen (15) calendar days from the close of each month of the program year except for the final reimbursement request. Subrecip1ent's f nai reimbursement request under this Agreement must be submitted by Subrecipient no later than October 30, 2023 and must include a Closeout Certification form which can be found in the Subreclpient Toolbox at https,!/rner1dieneity-or&cdbg.'- Subrocipient 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 terns inatlion of this Agreement, S ubrecipient shall transfer to City any and all CDB 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. SLibrecipient shall comply with requirements established by the U-S- ('general Services Administration concerning the Unique Entity Identifier, the System for Award Managernent (" AM")and, per 2 CFR § 17D.320, the Federal 'Fund 1ng Accountability and `i'ransparency Act, iricluding Appendix A to 2 CER part 25. L. Documentation required prior to real estate transRefions. 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, S ubrecipient 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 experses for the beneficiary or S ubrecipient, or refusal of reimbursement by City, S ubrecipient shall maintain real property inventory records that clearly identify properties purchased, improved, rented, or sold. M. Housing Affordability. Where the ity's CDBG funds are used for homeownm. hip assistance, the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. N. rational 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 years after expiration of this Agreement, If the use of the CDB -assisted real property fails to m4cet a CDBG National Objective for this prescribed period of time, Subreolpient shalt pay City an amount equal to the current market value of the property, less any portion of the value PY22 SUHRECIPif.N r AUREEMFNT-HOMEOWNER REPAm PRo0RA.a PACE 5 OF 27 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 1rnproved under this Agreement after the expiration of the five-year period_ . Compliance with grucurement policies. Subrecipient shall comply with current Federal, State, and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds s1ta11 be program income, prorated to ret!ect 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 b ubrecipient for activities udder this Agreement shah be (a)tramfer w to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair market value of the etluipimmt less the percentage of non-CDBG funds used to acquire the equipment_ . Program income. 1. Remittance at end of program year. Pursuant to 24 CFR § 5M503(b)(3) and Pursuant to 24 CPR § 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 S ubrecipi ent, except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lurnp sum dradon, or cash or investments held for section 108 security needs. 2. Recording program income. Pursuant to 24 CFR § 5 70.504(a),the receipt and expenditure of program income shall be recorded as part of the financial transwalons of the gratit program_ . Disposition if received before closeout. Pursuant to 24 CFR § 570, 04(b)(1), program income received before ,rant closeout may be retained by the recipient if the income i5 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 specifie records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but nut limited to, those required by the Federal regulations specified in 2 CFR§ 200.302(b) and 24 CFR § 5 70.50 , 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 PY22 SUBR.ECIPIFNT AGREEVENT-.Ho1AECF4,'�-CR REPAIR PR()GR Alu PAGE 6 OF 27 components of the CDBG Program; f Financial records, as regtiired 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 identi fj cation number and year anti 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 b Source documentations j. Comparison of expenditures with budget amounts for each Federal award. k, Written procedures to implement the requirerricas of 2 CFR § 200.305; and I. Written procedures for determining the allowability of costs in accordance with ,.,ix1)..i � of thIi ; p,i.-r and the terms and conditions of the Federal award. 2. Records retention- Subrecipient shall retain all records}pertinent to the expenditures incurred under this Agreement for a period of five(5) years after the term iriation of all activities funded under this Agr rnent, defined as the date of the submission of ity'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 sections begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issue, or the expiration of the five-year period, whichever occurs later. ITL E PLOYMENT AND LABOR CONDMON REQUIREMENTS T A. Equal Employment Opportunity. Pcr 2 CFR Part 200, Appendix 11, section ( ) and ill 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 YL of the Civil Rights Act of 1964 as amended, Title V11 of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 e Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilimt.ion 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_ StibrWipient, 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. Nondism imiination. gubrecipient agrees to comply with the non-discrimination in employment and contracting opportunities taws, 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 174 (24 CFR § 6) are also applicable. ubrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability cr other handicap, age, marital status or status with regard to public assistance_ Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination. Such employmert practices inchide,but are not limiter# to the following: hiring, upgrading, PY22 SUBRECiPjFN r AQRmiFNT—HcmE0N4NNER REPAIR PROGR_kNi PAGE 7 OF 27 demotion, transfer, recruitment or recruitment advertising, layoff`, termination, rates of pay cr 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 ( 9 U.S.C. § 701 et seq.), which prohibits discrimination against the handicapped in any federally assisted activities_ City shall provide Subrecipient with any guidelines necmary for compliance with that portion of the regaulations in Force during the term of this Agreement. E. Small,Women- and Minority-Owned Businmes. Per 2 CFR § 200, 21, Subrecipient mast take all necessary affirmative steps to assure that small businesses, minority businesses, wornen's business enterprises, and labor surplus area firms are used when possible F. Affirmative Action. Subrecipient agrees that it shall be committed to carry out pursuant to ity's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subripient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. G. Notice to workers. Subrecipient will sent] 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 S ubrecipient's oommitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for ernployrn ent. 11L Solicitations for employment. Subrecipient will, in a]1 solicitations or advertisements for employees placed by or on behalf of S ubrecipient, state that it is an Equal Opportunity or Affirmative Action employer. I. Drug Free Workplace. Subrecipient certifiess it is 1n compliance with the Drug-Free Workplace Act of 1988 (42 U_S.C_ 701) which requires grantees (IrcIuding individuals) of federal agencies, as a prior condition of being awarded a grant; to certify that they wi l] provide drugfrec 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 2 4 CFR § 570.2000), if Subreeipi ertt 1s a faith-based organization, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR § 5.109. K Labor standards, Per 2 CFR Fart 200, Appendix U, 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 ) as amended_ In accordance with the statute, Subrwipierit or S ubrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified iri a wage determination made by the Secretary of Labor. In addition, Subrecipient or S ubrecipi ent's subcontractor must be rewired 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 P`f22 Si_rsnDcrniEr,1'AoaEniENT-Hoi�ir-o);mr-R Rr.PAjR PRookAjv PAGE 8 Or 27 contract or subcontract must be conditioned upon the acceptance of the wage determination. Further, the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback" Act(40 U_ _ _ § 3145), as supplemertted by Department of Labor regulations 29 CFR Part 3), under which Subrecipient or Subrecipient's subcontractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. Subrecipient further acknowledges and agrees that all contractors engaged under contracts in excess of$2,000.00 for construction, renovation or repair of any building or work financed I 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 Ubor, 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, riothIng hereunder is intended to relieve Subrecipient or its subcontractors of its obligation, if any, to require payment of the higher wage, Per 2 CPR Part 200, Appendix I1, section (E), the Contract Work Flours and Safety Standards Act(40 U,S.C. 3701-3708) applies to contracts in excess of S100,000. L. Conflicts of interest; nepotism. S ubrecipient agrees to abide by the provisions of 24 CFR 5M611. Further, no person who exercises or has exerciFied arty function or responsibility with respect to DBG-assisted activities, or who is to a position to participate m 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#"inancia] interest in any contract, subcontract, or agreement with respect to the CMG-assisted activity, either for themselves or those with whorn 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 2.00, Appendix Il, section (F), if S ubrecipient wishes to enter into a c mtract 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 Fart 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: Igo 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 m rnber 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 irfluencc an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a M=ber of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete PY22 SUBRECIPIE.N'r AGRF,FMr;NT- HOMEOWNER REPAIR PROCxRA bi PA(iv.9 OF 27 and submit Standard Form-LLL,, "Disclosure Form to Report Lobbying," in accordance with its instructions; ubrecipicnt will require that the followng language be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly_ "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into- Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U-S.C- § 13 52. 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 $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 (I), submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient further agrees that no Funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the lIatch Act (Title V, Chapter 15, U.S.C.). 0. Section 3 of(lie /`lousing and Urban Development Act of 1968- 1. Compliance. Compliance with Section 3 of the housing and Urban Development Act of 1468, as amended (12 U-S.C- § 1701) ("Section 3"), the regulations set forth in 24 CFR Dart 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 contactors and/or subcontractors. Section 3 will apply to a project if there is over $200,000 of HUD houF ing and community developrnent financial assistance to the project (or &100,000 of Lead Hazard or healthy Homes funding). Failure to fulfill these.requirements shall subject City, ubrecipient and any of Subrecipient's contractors and sui000ntractors, 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 ian aUp- Subrecipient further agrees to include the CDBG Supplemental General Conditions in all applicable subcontracts executed under this Agreement. The DBG 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 Signifi=t lmpacC 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 V4W ater. Subrecipient specif icaliy agrees to connpIy with the following regulations insofar as they apply to the performance of this Agreement_ PY22 SUBRECTIFNP A(;RMMVNT-Hom u(>wNER Rm3mR PRoGRA m PAGr, 10(A 27 1. Clean Air Act, 42 U_S.C_ §§ 7401, et seq_ and 2 CFR Part 200, Appendix 11, section (G). 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, el seq., relating to inspection, rnonitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder, 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C_F.R. Part 50_ B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U,S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, food insurance under the National Food 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. Subreeipient 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 Tittle X of the Housing and Comm unity Development Act of 1992_ These regulations revise the CDBG lead based paint requirements under 24 CFR § 5 70,60 , Such regulations pertain to all CDB&assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties ma include lead-based paint. Such notificaGtion shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dewing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven_ The notice must a]so 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 (I 6 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 alI 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 CONDITION 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 corMtractual, legal, or equitable obligations 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 tinder any legal or equitable claim. FY22 SUER IPIErzr Arik�r:r ENT-HOMEOWNER REFnrx Pparjx i I 1 01 27 B. Notices. All notices rewired 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 rnal1, addressed as follows.- ifto City: If to Subrecipient: City of Meridian Neighbor arks Boise Ann.: Crystal Campbell, Community Attn: Bud Compher, Jr-, CEO Development Program Coordinator 3380 W. Americana Terrace, Ste 120 33 E. Broadway Avenue Boise, ID 8370 Meridian, Idaho 83642 Either party may change its authorized representative arWor address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subreciplent also agrees to comply with all other applicable Federal, Mate and local laws, regulations, and policies governing the funds provided under this Agreement, except that_ (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 FR § 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 airy rnamer, 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- . Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in SubrecipieniC5 programming, sha11 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 lasses 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 ubreciplent's employees, agents, contractors, subcontractors, of#`Icials, 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 iri the performance of this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss clue to theft, fraud and/or undue physical damage- At a minirnwn, 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 rion-Federal entity. For construction Dr facility irnprovement contracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U-S.C. 134 and Append Ix 11, section(A), Subrecipient PY22 SUBRKIPENT A- REPMENT-HoKdl`.c ANER RFFAIR PFLcmR Am PA4{;; 12 OV 27 must wrnply with bonding requirements set forth in 2 CFR § 20D 325. 11. Grantee Recogni lion. 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 furiding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement_ I. Amendments. The parties hereto may arnend this Agreement at any nme provided that such amendments make specific reference to this Agreement, and are executad 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, rtor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. if such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination (see 2 C FR Part 2.00, Appendix 11,section (l )). I_ Termination for convenience. Either party may terminate this Agreement by, at least thirty (30) days before the effective date of such terniinatiorl 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, regulatioris or provisions referred to herein, or such statutes, rcuWations, executive orders, and HUD guidelines, policies or directives as may become applicable at any tithe; b, )~allure 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 arc incorrect or incomplete in any material respect_ Either party may terminate this Agreement for cause by providing writteri notice to the other of the basis of termination. The defaulting party shall have fourteen (14) days to cute 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 CDB G programming, 3. Work completed. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models, drawings, photographs, reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City,and Subrecipient seal l provide saute within seven ( days of City's demand therefor, Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination_ IC. Assignment. ubreeipient small not assignor transfer any interest in this agreemerit without PY22 SueRwil3X xi,/ uxT-E:MENT-HoNfEOW ER REPAIR PROGRAM PAG , 13 01:27 prior written consent of City; provided, however, that claims for money due or to become due to Subreciplent 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 small be Furnished promptly to City- L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with arty agency or individual in the performance of this Agreement without the prior written consent of City, At subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or Iocal, state, or federal lams. 2- Monitoring. 5ubrecipient 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. Subre6pient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports r uired hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3- Subcontract content. Subrecipient shalt 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 concerning the selection process. 14'1<. Relocation, real property acquisition, and one-for-one housing replacement. Subrmipient agrees specifically, without limitation, to comply with: 1- The Uniform Relocation Assistance and Real Property Acquisition Poiicies Act of 1970, as amended(URA), and implementing regulations at 49 CFR ?art 24 and 24 CFR 70. 06(b), 2. The requirements of 24 CFR 5 70.6 0 (c)governing the Residential Anti-displacement and e]ocationE Assistance Plan under 24 CFR part 42, subpart B, and 3. The requirerents in 24 CFR 570,606(d)governing optional relocation policies- Subrecipient shall provide relocation assistance to displaced persons as defiE3ed by 24 CFR 70.60 (b)( ) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-ass isted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements- d. Severab ill ity. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall not be affected thereby and ail other parts of this Agreement shall nevertheless be in full force and effect. PY22 SUBP.ECEPEENT AGREEMENT-Hoi�iF.(ArNi7.R REPAIR PR[xrRANf 1'A(3E 14O 27 P. Entire Agreement, This Agreement eontains 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 Agreemient are incorporated by reference and trade a part of hereof as if the exhibits were set forth in their enti rety herein. S. Approval required. This Agreement shall not becorne effective or bp ndl ng until approved by the respective governing bodies of both City and S ubrecipient. IN WITNESS HEREOF, 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_ UBRF TPIENT: NeighborWorks Boise Bud C'ornpher, r., CEo CITY. City of Meridian Attest; By_ Robert E. Simison, Mayor 11-15-2022 Chris Johnson, City Clerk 11-15-2022 PY22 SC REciP[ENT Ai3REE\� .V f-140MEOW� ,lm REPAIR PROGRAm PAoE 13 or 27 Attachment 1: Location of Service Area meridian City L.mhs r s TL CL POLICYMAP t+.+r +vr.o rurr •'`� ..,. 4 nwu� � wu.aa ..� . PY22 SUBRECIPIENT AGREEMENT—HOMEOWN—ER REPAM PPOGRAM PAGE 16 OF.27 Attachment 2: Risk Analysis Risk of Noncompliance Evaluation This 6Dcrnaek,+mHr fo ana�yxr t"rnFx of tho V*7w ro 0ijtwmm4 the 4W41 of monurAg MR-gul C*wmg this pmgrw V"r. Ofganization NelghborWorks Bone Prograin 2D22 Award 1 7,4 3.00 Marne Year 1,01al Fonts 27 Risk Level Low Next Steps Desk Mondor PointFACTORS scale Score Pu6lic Se+M-m AZZ-6 itrS 00er than Homea nersh' A4smsfants} ti r�Ctsru�ucann '-_ . PutiliC far-ift*5.p aming. infrastrueWre S _ 560,000-AboVe 4 OaQ- 5e9 99� ? Weight: 3 New Pmamm t 3 yam8 # + 1 SONIC ...- ;f cm y NO 1 1 3 wri itit� � — St}-95 2 1 Lees Man 50 � weight, 3 ~~ Executive Diree#or 1x Financial Manager 4 Executive Director and+or F oandaI Manager 3 Program Direcw.'Vanagar 3 0 {3 Dt}wr Key St3ff ? None 0 S t6y"chahim. we ht: 3 Major Systems Change _ ? WKW Systems Chan e t 0 0 None i3 CDBG Program did not begin oe achedukodakWec i New Program - - 1 0 CDBG#� rern non schedule sutwecipient has lh Of 1W TEntime 9 u New Program 1 t 2 ONO t e , , M NM of a _ wei ht= 3 lNew rw PY22 SkjnkIdcIPFP.mT AcFRFEmENT-HOMFOWNE.R RE?iUR PROGRtW PAGF 17[7J-27 ` of Noncompliances s # weight, 4 0 A udit with Wiiim�—ftedbIMP 10 d .1 { � wd ,,f would More 4 weight; 4 affeclemices rlients,or New P�nrani F Findings 1 F Findings CI -, .- • Dwiekpment Pmgrwn C oamwator level ni Risk how i?i��C Medium Risk kiic�h E�i�k �carnts df�+0 pniats 67+�wrrla Pral'esk�qus�s a rum �wriN tYe rr«ar.�orcd►n* ti�bi-�nllu�dCsk E'� wiE reoeiwe pria�r�ty for amau�rt of md��grMrp Aivries rttptit�rtig e�1tl p - FrK3rM#�ir�g na ICaa#tia4 cre�y nrorsrg. H prosy�G4rieGs Mulder#llib citeyo�y vIEM be two years. The arF-aiUe monitoring�evi�ew will he �yener*IEy monikO�d TWO at*RO Win CernS rrRoraitored primarily vis nGemal wnd uc�d preferaGly witltiin me frr8#six mpntFr$Ol tltil: tir�'rually w�thm the first 6 months desk moni�rirag procedures on arr dtia�sen progra m year HKw�A u��vR Ehe PeSulla of the of#tre program year. F#ighaiak anrrutil Ewers,unless seueuirte r}1[�n�]rng tir�et,�utall wdi de#erxn�ne tlye reed kx and auExetipientil may d;D ht dtC7ale olhcrweae. C]n.�re rend 02�qA�prewl tecnn�ubp�SSF!#sfl�c Yiflkh requred�submit eitl�tlrLonal martilarirx3 tri#garxs�ly lMke pEtrCe �arnilart p�4-ii6r oomplianre r�viewa. Thsac activities dowmen#elinri as rde4 W e#Ereyl.prat tray twa ye�ra wil generaAy ire rnarritored after high prirarity activities �I �7f Cbscr ev�ue+tian of Ehe have E�een sdequelely addre$ae� prolet#Ehraugh desk marti#orirg- COffKfl�fl#S F this program. PROGRAM Attachment 3: Signing Authority Complete the form tG designate signing authority. Subrccipient Name: J 4„ S -��¢ Project l+lame: .� Program Year: o Start Date: ± . .r j j End Date: S.4p#-ew, ,r a 2 02 tame Title - AuthorizA to sign for(check all that apply)- Identifying gignatiuA ❑ Financial 'Contractual Name Title Authorized to sign for(check a I I that -- apply) identifying Signature Vrinanciall 0 Contractual jqMbe-r Ajar Name Title { Authorized to sign for(check ali that ? apply)* Identifying Signature ❑ Financial 'Contractual Signing authority for the above individuals is authorized by: Name '11de 10-1-22 Signature Date PY22 SUBREOPT-W AGREEMENT-HOM PO"Z R REPAIikPRCK,-tA-M PAGE 19OF 27 Attachment 4: Federal Certifications The following are required as referenced below. Subrecipient Name: _ L { '�Xyl. Project Name; DV4e-0W4.4 r . tr try r Program Year- Start Date; /(_V1 02-2- End Date: !Z Z C�LZ o � ubrecipient maintains a policy for and complies with the following; Yes No N/A Policy f!' ❑ U ADA1 ection 5 04 [29 U.S.C. § 701] Q' ❑ ❑ Confidentiality [2 CFR § 200.303(e)] CR' ❑ ❑ Corpfl ict of Interest[2 CPR § 200,318(c)(1); 24 CFR 570.611] Q' ❑ ❑ Drug Froe Workplace [24 CFR part 24, subpart F] LR ❑ ❑ Equal Employment Opportunity [2 UR Part ; 41 UR § 60-1.4(b)] [ 0 ❑ Fair Housing [Fair dousing Act] (if applicable) Cg' ❑ ❑ Nondiscrimination [24 C1~R § 570-607] ❑ C7 Q' Procurement [2 CFR § 200-318(a)] (if applicable) Is Subrecipient a nonprofit entity9 "s El No Per 2 CFR§ 200.415 major nonprofit organizations}are ineligible for this funding- If the agency is a nonprofit, please select one of the following. C Organization is not a major nonprofit organization, ❑ Organization is a major nonprofit organization. By signing this form, I certify the above is true and correct to the best of any knowledge. antic Title ignaturc Date A major nonprofit organi ation is duiinad in§ 200-414(a) as an organization receiving More than$10=tiIlion in direct federal funding- PY22 SUSRmFiEN1'AUE NT-EDMEowNFR REPAIR M3GRAm PAGE 20 OF 27 Attachment 5: Environmental Review Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.A(a}and 58.35(b) Project Information Project Name: NW$-Homeowner-Repair-PY22-26 HERDS number: 900000010284393 Responsible Entity(RE): MERIDIAN,33 E Idaho Ave Meridian ID, 83642 State f Local Identifier: RE Preparer: Crystal Campbell Grant Recipient (if different than Responsible lEntSty): Point of Contact: Consultant(if applicable): Point of Contact: Project Location- 3380 W Americana Ter Ste 120, Boise, ID 83706 Additionai Location Informatfon: N/A Description of the Proposed Project(24 CFR 50.12& 58.32;40 CFR 1508.251: NeighborWorks Boise's (NWB) Homeowner Repair Program Is designed to heIp low-to moderate- income (LM1) Mendian (arniIies, those with an Income level at or below 80%of tfle Area median Income (AM I), conti iue to live safely, comfortably, and econo rn ice I ly In their existing horn es by preserving existing housing stock and making necessary repairs to Increase energy efficiency, longevity of the building,and accessibility. Exam pies of eligible projects with budgets between $2,000 and 25,000 include: 1) Energy efficiency+ (additional insulation, new windows, and doors), 2)Weatherization (insulation and weather-stripping); 3) Accessibility programs(install ramps and grab bars);4) Roof replacement or emergency repair for leaks;5) HVAC; and 6)Water heater and plumbing (energy efficiency as it secondary), The City anticipates using $5,000 to 10,000 of CDBG funding for administration of this program per year during each of the remaining +ears in the PY22-26 Consolidated Plan.T11is review is only for the administratil+e fees Neighbor arks will incur during the PY22-26 Consolidated Plan, CDBG funds will also be used for repairs, but a separate review will be conducted for individual ho use hoIds,This project is antiapated to be funded for the duration of the PY22-PY26 Consolidated Plan, but is dependent on a competitive annual appilcation and the congressional release of funding_ PY22SIJ13REc3P1Fr4')-MiRbFmEN'T-HOUEOkVNERREPAIRPRD4RAM PA<,v,2 1 Of 27 Level of Environmental Review Determination Activity I Project is Exempt per 24 CFR 58.34(a): 58.34{a}(3) Signature Page 1-lon eownur R,'pair ER Sig.pdf Fundinst Information Grant f Project HUD Program Program Name -- N Identification Number Community Pla nning and Commurklty Development Block Grants 142 Development (CPU) 013G) (Entitlement) Fstirnated Total HUD Funded, Assisted $40,000.00 or Insured Amount: Estimated Total Project Cost [24 CFR 58.2{a) (5}]; $40,000.00 ccrnPIiance with 24 CFR §50.4& §58.6 Laws and Authorities Compliance Factors; Are formal Compliance determination Statutes, ExeCWVe OfdeTs, and compliance steps (See Appendix A for source $ RegErlations listed at 24 CFR §50.4 & or mitigation s determinations) §5M required? STATUTES, EXEC UME ORDERS, AN REGULATIONS LISTED AT 24 CFR §50.4&§58.6 Airport Runway Clear Zones and Based on the project description the Clear Zones project includes no activities that would 24 CFR part 51 requ ire further evaluation under this section.The project is in compliance with Airport Runway dear Zone 0 Yes Ef No rE:quiremerits. Coastal Barrier Resources Act Coastail Baffler Resources Act, as This project is located in a state that amended by the Coastal Barrier does not contain CB RS units.Wherefore, Improvement Act of 1990 [16 USC this protect is in compliance with the 3503j ❑ Yes 0 No Coastal 6arrier 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 lnsurance 0 Yes m No require further evaluation under this PY22 USR.FcEr iE\T AGREE)�ENT-HOMEOWNER REPAIR FROORAM PA('xE 22 OF 77 Cornplianoe Factors: Are formal Compliance determination Statutes, Executiv(3 Orders, and compliance steps (See Appendix A for source Reguiations listed at 24 CFR §50.4& or mitigation determinations) §58.6 required? STATUTES,EXECUTIVE ORDERS,AND REGULA-nONS LISTED AT 24 CFR §50.4&§58.6 Reform Act of 1994 [42 USC 4001- section.The project does flak require 4128 and 42 USC 5154a] flood insurance or is excepted from flood insurance. While flood Insurance may not be mandatory in this instance, H UD recommends that all insurable Structures maintain flood insurance under the National Flood Insurance program (NF1P). The project is in compliance Wah Flood Insurance requirements. Mitfgation Measures and Conditions [CFR 40 1505.2[C}]: Summarized beIaw 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 moasuresJconditions must be incorporated into project contracts, development agreements and otter relevant documents.The staff responsible for implementing and coon itoriog rnitigation measures should be clearly identified in the mitigation plan. Law,Authiarityr Mitigation Measure or Condition Comments on Mitigation Complete or Factor Completed Plart Measures Project Mitigation Plan Supporting documentation on completed measures PY22 u-BuCIPIE\T AGPLEWENT-HoNiEovv BIER REPAIR PROGRAM 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 intornpatible development around civil airports and miIitaryairfields. 1. (Does the project involve the sale or atqulO on of developed property? we No Based on the response,the review is in compliance with this section, Y i`$ Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this seaien_The project is in compliance with Airport Runway Clear Zone require merits, Supporting documentation Are formal compliance steps or mitigation required? Yes No PY22SURRECIPIENTAGREr:.�-frxy - Ho1,Tv.o)xNERFEp,. IRPROGRjl&j PACW,24 OY 27 Coastal Barrier Resources General requirements Legislation Regulation MUD financial assistance may not be Coastal Barrier Resources Act i used for most activities in units of the (CBRA) of 1982,as amended by Coastal Barrier Resources System the Coastal Barrier Improvement 0RS), See 16 USC 3504 for Iimitations Act of 1990 (16 U5C 3 50 1) on federal expenditures affecting the C.BR5. This project is located in a state that does not con taIn CBRA units.Therefore, this project is in compliance with the Coastal Harrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units.Therefore, thlS project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or miVgation requIred7 Yes N0 PY22 SUBRECWIFNTAGRBEXENT-HOMEOWNER PEPri RPRDGR M PAGE 23IMF27 Flood Insurance General requirements 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 larogram and flood as amended (42 USC and (b); 24 CFR insurance N both obtained and maintained. 4001-4128) SSA(b)- 1. Does this project involve financial assistance for construction rehabilitation or acq uisitian of a mobile home, building, or insurable personal praperty? V No- This protect does not rcquire flood insurance or is excepted from frond insurance, Based on the response, the review is in compliance with this section. YC5 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 JNFIP). Will flood insurance be required as a mitigation measure or condition? Yes No Screen Summary Compliance DeterrmInation Based on the project description the project includes no activities that would require fu rther evaluation under this section.Thy 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 maintair, flood insurarce under the National Flood insurance .Program (NFIP). The project is in compliance with Floor) Insurance requirements, 5upparting documentation Are formal compliance steps or mitigation required? Yes No PY22 KBREcipiENT AOREFMENT-HIOMEOIAWER kEPAIR PROGRAM-f PAGE 26 Or 27 A.tfaehmen9 6: Bitdget NelghboMorks Boise Homeowner Repair Admin Total AY22 Projeci 142 Rehab Costs Award $ 135,400.00 22,02A.00 $ 157An.00 Draw#t Date Tinx*ame 4 5 5 - 7 — 8 _ 9 — 10 11 - 12 Total Balance $ 135,400.00 $ 22,02100 157,423.00 PY22 SLMRECT ENT ACREEMENZ HomxA))AINF z RF,PAIR PROGRAM PAGE.27 OF 27 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Subrecipient Agreement Between the City of Meridian and NeighborWorks Boise for Program Year 2022 Community Development Block Grant Funds for Homebuyer Assistance Program SUID RECIPTE NT AGREEMENT BETWEEN CITY OF MERiDJAN AND NEIOH)BORWHRS BOISE FOR PROGRAM YEAR 2022 COMMUNITY DE ELOPMENT BLOCK GRANT" FUNDS This Subreciplimt Agreement("Agreement") is entered into this R day of o Aw , 2022 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Neighborhood housing Services, Inc. dba NelghborWorkst Bosse, a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient")- WHEREAS, City is an entitlement community, and as such has applied for, and been granted authority to receive funds from the United States Department of Housing and Urban Development ("HUD') under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e., Community Development Block Grant ("CDB ")funds; and WITEREAS, pursuant to the terms of this Agreement, the City hereby provides a subaward of the following grant(s) to Subrecipient: grant no- B22 C 160006, awarded by HUD on May 13, 2022; 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 af 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 ournmittin,g the funds set forth in this A eement, 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 Subsecipient under this Agreement is provisiorud, pending the availability of such funds; NOW,THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Subt=ipient shall use City's suba and of CDBG funds in an amount not to exceed forty thousand dollars (S40,000). Subrecipient will be responsible for providing homeownership assistance, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds- This project is eligible under (13B) Homeownership Assistance, CDBG Funds wi lI be used to reimburse for reimburse for up to 50 percent of required down payment, to Subsidize interest and/or mortgage principal amounts, and/or reasonable closing costs. The primary administrative office is located at 3380 - Americana Terrace, Ste 120, Boise, Idaho. See Attachment 1 for a map of the service location. B. National Objective. Subrecipient certifies that the activities carried out using the City'S CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives n defined in 24 CFR§ 570.201(n). C. Level of Servim Subrecipient's activities under this Agreement shall provide at least. I total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units PY22 S[1F#p [FM,Am Fv.-mvxi, ..liomFi3i)y R A551S-CANCP'PRC1GRA-M PAGE 1 OF27 of Service" shall be defined as "low to moderate income household purchasing a home within Meridian city limits." Suba-ecipient shall verify that the household income of clientele served by ity's CDBG funds, as defined in 24 CFR § 5- 00, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban DevelopnierYt. The current income guidelines are located in the Subrecipient Toolbox at https:r+Ir�eridiancily.a� cdh r" D. Staffing. Subrecipient agrees that CDBG funds provided under this Agreement wi31 not be utilized for staffing- E. Project schedule, Subrecipient shall submit a signed, dated, and detailed Project Schedule- The ProjW 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. I, Subreoipierit understands and agrees that the allocation of CDBG funds may be used to provide services aBd programs only to City of Meridian residents- If applicable, Subrecipient shall verify that any and a I I persons who receive funds granted to Subrecipient pursuant to this Agreement ("Clierit")a) reside within the city Limits of Wridian, Idaho and b) meet the current CDBG income eligibility gui did Ines. Subrecipient must deefn any Client who does not meet the above requirements to be ineligible to receive C'DBG funds and shall suspend use of federal funds for the Client. 2. S ubrecipient certifies that S ubrecipierit is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Ad retluirements- . City reserves the right to make unannounced visits to Subreo.ipitmt's location i n order to verify compliance with all program requirements. 4. if applicable, Subrecipient may utilize LTD's income Calculator at https.//www.hudexahange.infolincomecalculatorl to determine annual household income of any or all Clients based on CDBG criteria. G. Time of performance. Services of Sub recipient shall start on or after October 1, 2022 and end on September 30, 2023. The tern', of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds os other CDBG assets, including program income. 111. SURRECIP1ENT'S ADMINISTRATIVE RE UIREMENT A. General Com pliance. Subrecipient agrees to oomply 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 C ity's environmental responsibilities described in 24 CFR 510.604 and (2) Subrecipient does not assume the City'� responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all PY2.2 SUBREC1PffiN,i'ALRI� l,MFN'�' - HOMF. DYER ASSISTANCE PRC>rJP LM PAc.F.2 OF 27 other applicable federai, state and local laws, reguiations, and polioies governing the funds provided under this Agreement A copy of the Environmental Review l e=rd is included as Attachment 5_ B. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described irp 24 CFR § 570, 02, C. Performance monitoring. City will monitor the performance of S ubrecipim against goals and performance measures as set forth herein. Performance monitoring shall include City's review of ubrecipient'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 ity'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. ubstandard perfomance 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 Clity, City shall initiate termination procedures. Additionally, S ubrecipient wi11 he 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 ubrecipient that Subreclipient 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 S ubrecipient. D. Budget. Suhrmipient shall adhere to the budget included as Attachment 6. Subrezipient shall obtain written approval from City prior to any change in use of funds. E. Progress Reports. Based on the results of ubrecipient's risk analysis, Subrecipient shall submit progress reports monthly via the C'ity's online portal_ Instructions on submitting progress reports are located in the Subrechpi t'Coolbox at h ups:!/rneridiancity.orgy/cdbg., Progress reports wi11 be due 15 days after the last day of the reporting period. If Progress Reports are delinquent, reirnbursement requests will not be processed until the delinquency is cured_ Subrecipient must timely submit Progress Deports even if no activities are conducted within the reporting period, F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. G. C1 ient Data. If applicable, subrecipient shall maintain client data demonstrating client eligibility for services provided. S uch data shall include, but not be IImited to: client name, address, inn n,e level or other basis for determining eligibility, race, ethnicity, and description of service provided_ Such information shall be made available for review up-on City's request_ ubrecipient 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, I prohibited by the F1nancial PY22 T.TBRE-cIP1zR4T AGRE.Esv2NT—HOMEBL1,ER AsgiI -r.kNCF PR[1CiEAM PAor-3 or27 Privacy Act unless whtten consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. H. Closeout. Sub recipient'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 matexxals, 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 sha11 remain in effect during any period that Subrecipient has control over CDBG funds, including program incorne- L Audits and inspections. All Snhrecipient 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 1n audit reports must be fully repaired by Sabrmipient within thirty (30) days after receipt of such report by Sub rec ip 1 ent. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient shall comply with 2 CFR § 200.501, which requires that all non- Federal entities that expend S750,000 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 U, section (H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i.e., listed on the government wide exclusions in the System for Award Management- R. Payment Preeedures. I. Indirect Costs. The City will only reirnburse Subrecipient for indirect costs that comply with 2 CFR 200, subpart E and have been previously approved, in writing, by the Community Development Prograin Coordinator. 2. Payment F rocedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by S ubrecipient 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 S ubrecipi ent, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in S ubrmi pient's accounts. In addition, City reserves the right to Liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. J. Reim b u rsernent requests, It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed forty thousand dollars ($40,000)- ity will not accept: or process reimbursement requests prior to C ity'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 performance, and as expenses are incurred by PY22 SUBREC.IPLF.N'I'AORF.p:MOT-HOMEBUYER ASSISUNCE PROGRAM R-isi -4 OF 27 ubrecipient. Reimbursement requests shall only be accepted aria the 'ity's online portal and must be completed in full to be processed_ Instructions to submit reimbursement requests are lot:ated 1n the Subrecipient Too Ibox at Ib Lips_ hnendiancit y.orgr'cdbg.1, All reimburserent requests are to be submitted as needed 1n 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 information showing payment of check, copy of receipt of payment by contractor or subcontractor, and/on other relevant documentation of payment). Reimbursement requests must be submitted with1n fifteen (15) calendar days from the close of each month of the program year except for the final reimbursement request ubrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 30, 2023 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at ht1 p , �rti riciiar�c�t .o�° cell . ubrec1pient shall forfeit reimbursement for any costs not requested within the timefrarnes set forth in this provision, unless otherwise authorized, in writing, by City, a. Reversion of assets to City. Furs uant to 24 CFR § 570.503(b)(7), upon expiration or termination of this Agreement, Subrecipient shall transfer to City any said all CDB 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, aubrecipient shal l comp]y with requirements established by the U.S. General Services Administration concerning the Unique Entity identifier, the System for Award Management (`. AM") and, per 2 CFR § 170.3 0, the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25. R. Documentation required prior to real estate transactions. Where ity's CDBG funds are used for real estate acquisition, as early as practicable, and not less than two ( )weeks prior to the completion of each transaction, Subreciplent shalt provide the address of real property under consideration to City for f'loodplain and related environmental review_ Failure to provide the address of the housing unlit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or S ubrecipi ent, or refusal of reimbursement by City. Subrecipient sha11 maintain real property inventory records that clearly identify properties purchased, improved, rented, or sold- . Housing Affordability. Where the City's CDBCY funds are used for homeownership assistance, the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. N. Nation all Objectives suet for five(5)years. Pursuant to 24 CFR § 570.503(b)(7)(1), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of$ 5,000 sha11 be used to meet one of the CDB r National Objectives until five(5) years after expiration of this Agreement. If the use of the CMG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Suhrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expendituires of non-CDBG funds for acquisition of or i nip rovernent to the property. Such payment shall constitute program income to City_ Subrecipient may retain real property acquired of impivved under this Agreement after the expiration of the five-year PY22 SUBR£CIF ENTAGREEI ENT-14oMEQUYER ASSISTANCE PRO GI? PAGE 5 OF 27 period_ 0. Compliance with procurement policies. Subrecipient shall comply with current Federal, State, and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreemerlt 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 SubrecVent for activities under this Agreement sha11 be(a)transferred to City for the C'DBG program or(b) retained after corn pensating City an amount equal to the current fair market value of the equipmert Iess the percentage of non-CDBG funds used to acquire the equipment, 1 . 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 SubrecipIcrit, except those needed for immediate cash needs, cash balances of revolving loan fund, cash balances from a lump sum dradon, or cash or investments held for section 108 security needs. 2. recording program income. Pursuant to 24 CFR § 510. 04(a), the receipt acid 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)(I), 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 C'DBG funds, and wi11 be subject to a]I provisions of Pursuant to 24 CFR §§ 570.504(b) and (c), both prior to and upon closeout_ III. records and reports. 1. records to be maintained. Ire addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be furided under this Agreement, including, but not limited to, those requiri by the Federal regulations specified in 2 CFR§ 200.102(b)and 24 CFR § 570.506, including: a, FuI1 descriptions and records of each activity undertaken; b_ Records related to activities meeting the National Objectives; c_ Records required to determine the el igibility ofactivities for C'DBG funding; d. i eowds required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG ass istance; e. records documenting corn pi lance 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 ; PY22SUBRECLPFENTAGREE%4ENT Hom F.mjyFRAssisTANcEPROGRAJhf PAGE6OF27 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 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 irrrplement the r Uirernents of 2 CFR § 2M.305, and I, Written procedures for determining the allo ability of costs in accordance with subpart L of this paji and the terms and conditions of the Federal award. 2. Records retention- Subreipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five(5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of C ity'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. 1f, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other action begin that involve any of the records cited, such records shall be ruined until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. 1I11, EMPLOYMENT AND LABOR CONDITION REQUIRF-MENTS A. Equal Employment Opportunity. Per 2 CFR Park 200, Appendix H, section (0) and 41 CFR § 0--1.4(b),the equal opportunity clause set forth in 41 CI+R § 1.4(b) is incorporated herein by reference, and shalt 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, V11 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 1915, Executive Order 11063,Executive Order 1124 as amended b Executive Orders 11375 and 12086, and 24 CFR §§ 570-601 and 570.602- Subrecipierrt, in undertaking its obligation to carry out the program assisted hereunder,agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. C. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment amd contracting opportunities laws, regulations, and executive orders referenced in 24 C R § 570-607- Tire applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 (24 CF 6) are also applicable- Subrecipient will Trot 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- 5ubrecipient 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, torininat ion, rates of pay or other forms of compensation, and selection for training, including apprenticeship, PY22 SU13RECEIENT ACREE ENT- H[]7 FuuYER AssisTANCF PROGRAM PAGE 7 OF 27 D. ADA Section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 ( 9 U.S-C- § 701 el seq-), which prohibits discrimination against the handicapped in any Federally assisted activities- City shall provide Subrccipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. E. Small, Women- and Minority-Owned Businesses. Per 2 UR § 200,321, Subrecipient must take all necessary affirmative steps to assure that small businesses, minority businesses, omen's business enterprises, and labor surplus area firms are used when possible F. Affirmative Action, S ubrecipient agrees that it shall be committed to carry cut pursuant to City's specifications an Affirmative Action Prograrn in beeping with the principles as provided in President's Executive Order 11246 of September 24, 1966- City shall provide Affirmative Action guidelines to Subrecipierrt to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds, G. Notice to workers. S ubrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants For employment. H Solicitations for ernployrnent. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or A 'irrnative Action employer- L Drug Free Workplace. Subrecipient certifies it is to 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. I Faith-based organizations. Pursuant to 24 CFR § 570-2000), if Subrecipient is a faith-based organization, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR § 5.109. K. Labor standards. Per 2 CFR Part 200, Appendix IL 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. §§ 141-3144, and 3146-3148)as supplemented by Department of Labor regulations (29 CFR Part 5) as amended. In accordance with the statute, Subrecipient cr ubrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage determination made by the Secretary of Labor. In addition, Subrecipient or Subrecipienfs subcontractor trust 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 sot icitabon. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination, Further, the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback" Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations PY22 SUBREC INVr%n'AQREEMENT-HcME&uYm ASSETANC:EPROGRAM PAGE 8 Or 27 ( 9 CFRPart 3), under which Subrecipient or ubrecipierit's subcontractor is prohibited from inducing, by any means, any person employed in the construction, wmpletiori, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. Subrecipient further acknowledges and agrees that all contractors engaged under contracts in excess of S ,000.00 for construction, renovation or repair of any bui Iding or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Alreernents and with the applicable requirements of the regulations of the Department of Labor, wider 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to joumey workers, provided, that if wage rates higher than those required under the regulations are unposed by state or local law, nothing hereunder is intended to relieve Subrecipient or its stibcoritractors of its obligation, if any, to require payment of the higher wage. Per 2 CFR Part 200, Appendix Ii, section (E), the Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 3701-3708) applies to contracts in excess of V00,000- L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of 24 CFR 570-611. Further, no person who exercises or has exercised any function or rmponsibi I ity with respect to CDB -assisted activities, or who is In a position to participate in a decision-making process or gain inside inforrriation 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 D13G-assisted activity, either for themselves Cyr those with whom they have business or immediate family ties, during their tenure or for a period of one (1)year thereafter, M. bights to Inventions. leer 2 CFR Part 2.00, 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, Subreciptent must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Smail Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued b the awarding agency- N. Lobbying; political activities. Subrecipient hereby certifies that o 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 officeir 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 erMteririg into of any cooperative agreement, and the extension, continuation, renewal, amendrnenta or modification of any Federal agreement, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or wilt be paid to any person for influeniag attempting to influence an officer oY employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Llisclosure Norm to Report Lobbying," in uxordance with its instructions; PY22 SuBREcipi:ENTAeREEMENT-HOMEDUYER ASSISTANCE PROGRAM IMAGE 9 OF 27 Subrecipient will require that the following language be lnOuded in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that al I subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into_ Submission of this oertification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C_ § 1352. Any person who falls to file the required certification shall be subject to a civiI penalty of not Iet less than 10,000 and not more than S100,000 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 A (Title V, Chapter 15,U.S.C.). 0. Section 3 of the Housing and Turban Development Act of 1968. 1. Compiiance. Compliance with Section 3 of the Housing and [Urban Developmmt ,act of 1968, as amended (12 U.S-C. § 1701) {"Section 3"), the regulations set forth in 24 CFR Part 75, Subpart G, and all applicable rules and orders issued thereunder prior to the execution of this Agreesnent, shaII be a condition of the Federal financial assistance provided under this Agreernmt and shall be binding upon City and any contractors andfar 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 S 100,000 of Lead Hard 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. Subs-wipient ceaifises and agrees that no contractual ar other disability exists that would prevent compliance with these requirements, Z Subcontract language. Subrecipient further agrees to include the CDBG Supplemental General Conditions its all applicable subcontracts executed under this Agreement. The D13G Supplemental Conditions can be found in Attachment 7 (if applicable) and includes the Section 3 requirements located at 24 Fly § 75.19(b). IV. ENVIRONMENTAL CONDITIONS No funds will be released until City conducts an environmental assessment and makes a determination of"No Signilicant Impact" in compliance with 24 CFR Part 58 and other federal, state, and Local laws and regulations. If applicable, the City will issue a Not]ce to Proceed once the environmental review is completed and is accepted by the City andlor HM, A. Air and Water. Subrecipient specifically agrees to comp]y with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et see}_ and 2 CFR Part 200, Appendix 'fl, section (Q). L Federal Water Follution Control Act,as amended, 33 U.S.C. §§ 1251, et seq., relating to PY22 SUBRECE`LENT AOREPI�dEN'F-HOMEHuYER Ass3sTnNcN PRociRAiq PAnE 10 or 27 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, looms, and cooperative agreements) and that all subrecipients shalt certify and disclose accordingly- "This certification is a material representation of fact upon which reliance was planed 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 US.C. § 1352. Any person who fails to file the required certilwcation shall be subject to a civil penalty of not lest less than $10,000 and not more than $100,000 for each such failure," The foregoing certification is a material representation of fact upon which reliance is placed by City- Per 31 U.S.C_ § 1352 and 2 CFR Part 200, Appendix 11, section (1), subm1ssion of this certification may be a prerequisite for making or euteririg into this transaction_ S ubrecipient 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 batch Act (Title V, Chapter 15, U.S.C.), O. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S_C_ § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 75, 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 and/or subcontractors. Section 3 wlll 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+, ubrecipient and any of ubrecipient's contractors and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agree that no contractual or other disability exists that would prevent compliance with these requirements_ 2, Subcontract language. Stibrecipient further agrees to include the CDBGY Supplenrierntal General Conditions 1n 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 § 7 .19(b). TV. ENVIRONMENTAL CONDMONS No funds will be released until City conducts an environmental assessment and makes a determination of"No Significant Impact" in comp]lance with 24 GFR 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 oompleted and is accepted by the City and/or HUD_ A. Air and Water. S ubrecipient specifically agrees to comply with the following regulations insofar as they apply to the perforrnanoe of this Agreement-, 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. and 2 CFR Part 200, Appendix II, section ( ), 2. Federal Water Pol11,rticn Control Act,as amended, 33 U_ _G, § 1251, et seq., relating to PY22 SU13RECIPFENT AGRWMENT-HCA4EBT.1YF RASSISTANCCPR[7CRAM PAGE 1001 27 inspection, monitoring, entry reports, and inforrtiation, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder, 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. H. 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 FEi iA 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 FhaII be subject to HUD Lead-Based Pairit Reguiations, 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 aJl CIS.B -assisted housing and require that at owners, prospective owners, and tenants of properties constructed prior to 178 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 regii let 1ons further require that, depending on the amount ofFederaI funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. 0. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Weservat1on Act of 1966, as amended (1 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 Iocal historic property list. V. GENERAL. CONDITIQNS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an appropriation bill cornmiTOng 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 Congtmional 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 ubrecipien( ► tether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personal ly served, or mailed in the United States mail, addressed as follows: PY22 Su3REciPTEFgT AaREE1�fENT-HOMEeuyEp ASSISTANCE NoGRAm PAGR L t OF 27 If to City: If to Subrecipient: City of Meridian Neighbor arks Boise Attn: Crystal Campbell, Community Attn. Bud Compher, Jr., CEO Development Program Coordinator 3380 W. Americana Terrace, Ste 120 33 E. Broadway Avenue Boise, 3D 83706 Meridian, Idaho 8364 . 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 rnanner Herein provided. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of swh regulations. Subrecipient also agrees to cornply w]th all other appl Icabie Federal, state and iocal laws, regulations, and policies governing the funds provided under this Agreement, except that: (1 Subrecipient does not assume the recipient's environrnentai responsibilities described in 24 CFR § 570,604; and ( ) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 5 S. D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be oonstri,t l 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. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invites, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for.all such Sasses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or Incurred by Subsvclpient an or its employees, agents, contractors, officials, offir-ers, 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, suboontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal Ir<jury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Ce inpensat ion. 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 slialI 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-Fedora) entity. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix II, section (A), Subrecipient must comply with bonding requirements set forth in 2 CFR § 200.325. JIL Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in PY22 5uma,-ipmi,'C AGREEMENT—H[aVEHUYExAssis'r4-cE?PROGRAM PACE 12 or,27 providing smices through this Agreement. All activities, facilities and items utilized pursuant to this ,Agreement shall be prominently labeled as to funding source. In addition, S ubrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. L 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 representafve of each party, and approved by ity's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. if such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination (see 2 CFR Part 200, Appendix II, section (B)). 1. Termination for convenience. Either party may terminate this Agreement by, at least thirty (30) days before the effective date of such termination, giving written notice to the other party of such termination and spezifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall 1riclude, 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 becorne applicable at any time, b- Failure to fulfill in a timely and proper manner its obligations udder 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 respwt- 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 tirne period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement anchor 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 Subireciplent shall provide same within seven (7) days of City's demand therefor, Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination, K. Assign rrtent. Subreolpient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to becoIne due to Subrecip1ent from City under this Agreement may be assigned to a lank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be PY22 SUBRECIPIFNT Au t F,F7mt rr--HOMEBUYER ASSISTANCE PROGRAM PACE 13 OF 21 furnished promptly tc) C Ity. L. Subcontractom l- 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 ity- 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 loca1, state, or federal laws. - Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance- Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance, Subrecipient shal l furnish and cause each of its own subreeipients 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 rut es, regulations and provisions stated herein. 3. Subcontract content. S ubrecipient 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, Subrec1pient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specif5caIIy or by reference, to ensure that such provisions will be binding upon all subcontractors, 4- Documentation, Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the Selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically+, without limitation, to comply with: 1, The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 C'FR 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, nibgart B; and 3. The requirements in 24 CFR 5 70. 06(d) governing optional relocation policies, Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570. 06(b)( )that are displaced as a direct result of acquisition, rehabilitation, demol ition or conversion for a C:DB -assisted project. N. No contractual impediments. Subreciplent certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. . Severability. If any provision of this Agreement is head to be invalid, the remainder of the Agreement steal I not be affected thereby and al l other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to PY22 SUBRECIPMM'A RV.)E ENT -HnLIESUYER ASsisTANCE PROGR i PA0E 14 OF 27 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 relinquishrnent of any part y'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 parry 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 b the respective governing bodies of both City and S ubrq-,ci plent IN WITNESS WHEREOF, the parties slialI cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written- UBRECIPIENT: I eighborWorks Boise Bud Compher, Jr-, CEO CITY,- City of Meridian Attest; By Robert E- Simison, Mayor 11-15-2022 Chris Johnson, City Clerk 11-15-2022 P Y2.2 SUBRECIPIENT AGRF F:MEb F!'--Homr!zuY6a AssrsTANrF PROGRAM PACE 15 OF 27 Attachment 1: Location of Service Area Meridian City Limits i sir w ���, ti�,l• x �F r-3 may• � �F � �� S �.�av_j •44ti�4 rp.� r �mwti F tiY��4� n"+rrti � ww { 1 i+atia rayr� +yw� 1faAV. '-'1�.h1Y VwYIY ii+4�J d �} I ` �{ POLI C 1 MAP t- .a-. PY22 SUBRECIPIENT AGREEMENT—HOMFBUYERAssis-FAN-CFPR[x3R,�LM PAGE1GOF27 Attachment 2: Risk Analysis Risk of Nonconiphance Evaluation Mrs*"M*nt a v%4 10 an,r M VHF"A of Ore prof rvft 10 desvmrie Ebt level of man,aonng%qu red ouHn!R th,s program year Organization Neigh borWorks Boise Program 2022 Award $40,0DG-00 Nal)e Year Toia! Points 27 Risk Level Low Next Steps Desk Monaotr ■ - weigttit 2 PPubkSenvrke 4 H Activities{Other than Homeownership Asjsestance� � A vigrrl *LWC0 r1 _ Public facile e•s,planning,infrastrurhure 1 weight; 2 36'D 04O-Above 4 S40 OUP- 59 9'99 3 � ��,D6L�-1G39,959 1 � so-$199" S wei hl= 3 New Program 1 - 3 years � � 3 4 a[% 1 welghu 3 Yea 2 1 3 T No 1 weight: 2 J W+ 3 50-99 ? 1 2 Less than 50 1 weight: 3 _ Executive Diremw d Financial Ma" d Executj%v Dire ctorandforFinanOi31Man i3.Q er 3 Prog ram Drfectq�,�r}�r r - - 2 6 Other K4V t;t3tr 1 Noire 0 sterns Change -- wei hU 3 Malof systemn Change Minor Systems Oh8 e 1 0 0 Nate weight;. 1_ CDWPr0qrWudidnAbvjinan I 1 New Program CDOG Prow=Wan on tChedule 0 — ----- wei ht' 2R4- - ------ Subrecipient has history of not submidiFing repoft1 New Program SubmaoWU has his of submi rcpwft W)CIV 0 we�fglil, 3 NDNew Program 2 PY22SUBRF4]TTi'.\7 AGREEMENT-110mrauY1,kAss PR(XrRAM PAGE 17or27 Risk of Noncompliance Evaluation Mal at least 7 5% 0 F i ProgramNew*Y" At w�khmode Graw not renewed weight, I potantial ibr payment errur L. New +Ln c errm: Finrlhgs th F Signature ff i• - 2015110,2.2 ommuM Oavekvment �cwe� vF Risk Low Ftik Medium Risk WA II �o porno 4 f p�rrlxs �7+yarrrrs Plajeci rragrares a mvlimurn ��Ge+�1orinGored nb i n6emal bw�lraall desk Plojecls wil rec.:ive pridYy ips aallount of Ingix�rir�. A€dv4es ►norlriCrhq!arld alwai�morrlonng nu leas M IrlQsl�orirlg Hr�l peMp�y t� under tM.t ca�tegary rriA 4e iwa years. The ol�site monitoring revielr we'd 4a +Itllld ge+lera�y be manilared morlRwed pnmafity via infernaE oonducied preTerahl�YrttMjtl Gee tr`4t fix 1'�1b1'Ittfs OF irle aruluaNy within the ilat 6 months desk manilorirlg�facedurea on$n ti�en pr�grem year. �aft4 upon the results o1 the of the prugraln year Higl�,rnXk anlwa i trasls,�rliesa aatreauona moollorslg welt,Blatt+nit oetelrnme tilt oll+ed for clad au6redpe�may adaa be dole othenwse. Onike frOOuerlcy W adlLrGofli�tse#1n�cal aaaislarlae lrieits fFed to slshlnit a.d4it�rlel maili�4rirlq MhM gcr��atry take pto�e arrdFar an-ai4e rnillpialir5e re�iews. Theme actiwixies doGLpnen#e4orr t!needed� 9t lease once every twa years- will genera My tee nloni�or�b after#�igtt priwrty ethvibpg 9FOiM FCu ckxaer�valuatian oS the t18YC bCeR 8�e 11 r at7drEt d. project ih5{%lgt5 dea1L m8:1f16"J21 Boise. SUB RECIPIENT Attachment 3: Signing Authority yy 11 Complete the form to de g� iipate signing authority. SubrecipientName; w� +c3� irdSew a0 t- i A7 — � Cf a- Project TVaxne: • Program Year o 2L Mart Hate: - Enid Date; 3.0 aO2- M 5 Z AS6, T MA A r, Name -- — Title Authorized to sign For(check all that �-� apply): Identifying gi gnatu El Financial 2-Contractual 'Name Title AuIhorized to sign for(check all that Identifying Signature Financial 11 Contractual m 145'ri t �f- lamc T Title Authorized to sign for(check all that apply). Identifying Signature ❑ Financial 5rcontractual. Signing authority for the above individuals is authorized by: Name Title 10-1-22 Signature �- Date - PY22 SUaRECIPIEN7 AGREE MENT—ROM EOWWER REPpIRPROGRAM PAS 19OF 27 Attachment 4: Federal Certifications The following are required as referenced below, SubrecipicntNarne; P_ boi�na0 g i4k� r%r;€te r a 1 kC_ � IPFn d �rf S Project Name: 00w'r_6WV"o-sL-{Va S5 t s4-OL * c+r2 Prograin Year. , Start Date: 10A End Date. Subrecipient maintains a policy for and complies with the following: Yes No VA Policy 5 ❑ ❑ ADA/Section 504 [29 U_S_C_ § 7011 y ❑ ❑ Confidentiality [2. CFR § 200.303(e)] g ❑ ❑ Conflict of Interest [2 CFR § 00,318(c)(1); 24 CFR § 570.6111 lJ ❑ E] Drug Free Workplace [24 CFR part 24, subpart F] C ❑ ❑ Equal Brnp]oyment Opportunity [2, CFR Part 200; 41 CFR § 0-1 A(b)] ❑ ❑ Fair Housing [Fair dousing Act] (if applicable) fff ❑ ❑ Nondiscrimination [2.4 CFR § 570. 071 D ❑ Eir Procurement [2 CFR § 200,318(a)] (if applicable) Ts Subrecipient a nonprofit entity? CYes C]No Per 2 C FR § 200.415 major nonprofit organizati ons 1 are ineligible for this funding_ If the agency is a nonprofit, please select one of the following: C Organization is not a major nonprofit organization. ❑ Organizabon is a major nonprofit organization. By signing this form, I certify the above is true and correct to the best of my knowledge, L r Name 'Title I1 2 sign tore Date I A major nonprofit organization is defined in§ 200,414(a) as an organization receiving more than$10 million in direct federal fum ing, PY22"RE,CIPIEh"T AOREEME%sT-HOMEBuYF k A%%L,;TANcE PRooa.AM Pace 20 OF 27 Attachment 5: Environmental Review Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) arrd 58.35(b) Project Information Project!Marne: NW13-Hornebuyer-Assistance-PY�2-26 HERDS Number: 900000010284401 Responsible Entity(RED: MERIDIAN, 33 E Idaho Ave Meridian 10, 83642 State/ Local Identlfier: RE Preparer: Crystal Campbell Grant Red pient(if different than Responsible Entity): Point of Contact: Consultant{if applicable): Point of Contact. Project Location: 1380 W Americaria Ter Ste 120, Boise, ID 83706 Additional Location Information: N/A Description of the Proposed Project[24 CFR 50.12& 58,32;40 CFR 1508.25]: NeighborWorks Boise fNWB)will assist eligible households in purchasing a safe, decent, single family home within Meridian city limits. NWB will provide funding for up to 50 percent of the required down payment, funding to subsidize interest and/or mortgage prkncipal amounts, and/or funding for reasonable closing costs in the form of a grant.The City anticipates using$3,QDO to 10,000 of CDBG funding for adrn in istration of this progra m per year during each of the rerna inirig years in the PY22-26 Consolidated Flan.This review is only for the administrative fees NeighborWorks will incur during the PY22-26 Consolidated Plan, CDBG funds will also be used to pay for eligible hornebuyer assistance costs, but a separate environmental review will be completed on the individual properties,This project is anticipated to be funded for the duration of the PY22- PY26 Consolidated Plan, blot is dependent on a competitive a n n uaI application and the congressional release Of funding, Level of En►rircinmental Review Determination Activity/Project is Exempt per 24 CFR 58.34(a): 58.34(a)(3) I1Y22 St-1fltF:CINF N'r AoRE�F;N%NT-HOMEBI;Y ER}1S51STANCE PROGRAM PACiE 21 OF.27 Signature Page Homebuyer ER sig-pdf F u nding Inforrna#Ion Grant/Project HUD Program Program Name IdentFfication Number Community Planning and Community Development Block Grants 143 Developmierlt (CPD) (CDBG) (Entitlement) Estlmated Total HUD Funded,Assisted $20,000.00 or Insured Amount. Estimated Total Project Cost [24 CFR 58.2(a)(5)1: $20,00100 Carnpiiance with 24 CFR M.4& 558.6 Laws and Author Ides Compliance Factors: Are form aI Corn p'liance 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 ORDEIRS,AND REGULATIONS LISTED AT 24 CFR§50.4&§ 58.6 Airport Runway Clear Zones and Gear Zones 24 CFR part 51 13 Yes 4 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 35011 ❑ Yes 0 No Coastal Barricjr 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 cinder this Reform Act of 1994 142 USC 4001- section.The project does not require 4128 and 42 USC 5154a) flood insurance or is excepted from flood insurance. Whlle fIcod insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance ❑ Yes 0 No Program (NFIP). The project is in PY2 2 '';"ll1tI:C'1PIENT AGREEMENT-IIOMEBUYE-R ASSISTANCE PkO63RAM P i(31%22 OE�27 Compliance Factors: Are formal Corn pi!ance determination Statutes, Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR §50A& or mitigation determinations) §58,6 required? STATUTES, EXECUTIVE ORDERS,AND REGULATION LISTED AT 24 CFR 650.4&§ 58.5 compliance with Flood Insurance requirements. lViltigation Measures and Conditions [CFR 40 1505.2(c)], Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or elirnlnate adverse environmental impacts and to avoid non-cornpI!an ce or n on-co nf orrn a n ce with the above-listed authorltles and factors. These measures/conditiorEs rnust 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 SUSRECIP]ENI'AoRFjF,z%jS,47-HOME&UYER ASSISTivxCF PROGRANI PAGE 23 OF 27 APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones General policy Legislation Regulation It is FmUs policy to apply standards to 24 CFR Part 51 SApart D prevent incompatible development around civil airports and military airfields. 1. does the project involve the sale or acquisition of developed property? N,o Based on the response, the review is in compliance with this section. Yes Compliance Determ[nation Supporting documentation Are formal compliance steps or mitigation required? Yes ` No PY22 SiiBR�:r-ip .yr AGREEMENT-HOMEBnER ASSISTANCE PROGRAM PAGF.24 Or 27 Coastal Barrier Resources f 3 General requirements Legislation regulation HUI)financial assistance may not be Coastal Barrier Resources Act used for most activities its units of the (CBRA) of VM, as amended by Coastal Barrier Resources System the Coastal Barrier Improvement (CBRS). See 16 USC 3504 for limitations Act of 1991D (16 USC 3501) on federal expenditures affecting the CBRS, This project is located in a state that does not contain CBRA units. Therefore, this project is In compliance with the Coastal Barrier Resources Act. Screen Summary Comptiance 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. Support Ing doc u rnLmtat iiw Are formal compliance steps or mitigation required? YE`,, No PY22 Sui3REcipm\TAGREENENT-1 I()MEBUYER ASSIST4NCE PROGRAM] Pt1C*E 25 OF 27 Flood Insurance General requirements Legislation Regulation Certain types of federal financial assistance may not be Flood Disaster 24 CFR 50.4(b)(1) used in fIoadplains 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) 1. Does this project involve fiinandal assistance for construction, reh_abiIitation, or acquisition of a mobile home, building, or insurable personal property? No. phis project does not require flood insurance or is excepted from flood insurance. Based on the response, the review is in compli ance with this section. Yes 4. WhTle 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 No Screen SurnmarV Compliance Determination Based on the project description the project includes no activities that would require furtherevaIuation 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 No PY22 SUHREC]FIENT AoRErNfENT-HOMDBUYER ASS NTAxck.PR[x.RAM YACrE 26 01 27 Attaclirnelit 6: UtItlgel WighborWorks Boise Home buyer Assistance Program PY22 Pr!? ct 143 Direct Assistance Total Award 40,000.0 $ 4%000,00 Draw# Date Timeframe -- 1 3 4 5 7 8 9 10 11 12 Total $ - - - Balance 40,000M 40,000.00 PY22 SUBRECIPIENT AGREEMENT—Homeliilyi:.t AssfsT.4NU PRO4itiLM PACxE 27 OF 27 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: First Amendment to Subrecipient Agreement Between City of Meridian and NeighborWorks Boise for Program Year 2021 Community Development Block Grant Funds for Homeowner Repair Program FIRST AMENDMENT TO SUBREOIPIENT AGREE3ff 1T BETWEEN CITY OF MER- DIAN AND NEIGHBORHOOD HOUSING SERVICES, INC., DBA NEI HBORWCIRICS BOISE FOR PROGRAM DEAR 2021 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This First Amendment to Subrecip1ent Agreement between City of Meridian and Neighborhood Housing Services, Inc., DBA NeighborWorks Boise for Program Year 2021 Community Development Blocks Grant Funds ("First Amendment") is entered into this I day of 2022 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Neighborhood Housing Services, Inc., DBA Neighbor orks Boise ("Subrecipient„). WHEREAS, on October 1, 2021, City and Subreciplent entered into Program Year 2021 Subrecipient Agreement ("PY21 SR A"), a cooperative agreement for the investment of Community Development Block Grant ("CDBC") funds; and WHEREAS, S ubrecipient requires additional time to complete the activities in the PY21 SRA; NOW, THEREFORE, 1n consideration of the mutual covenants of the parties, the Parties agree as follows: I. PRQVIS.ION MODIFJ<ED—TIME OF PERFORMANCE. Section I-G of the PY21 SlR-A shell be amended as follows- . Time of perforinance, Services of Subrecipient shall start on or after October 1, 2021 and end on lei 39, 292 December 31,.2022. The term of this Agreement and the provisions herein shall be extended to cover any additional time period flaring which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income, 11. PRO VIS1€ N M 01)11AED— HI11)GET. Attachment 6shal.] be amended its follows: NeighborWGrks Boise Horneowrrer Repair Rehab Cosh Admin Total PY21 Prnjert 128 Award S 150,000.00 $ 21,000.00 17I,0W.00 Amendment 1 16,I)M00 (16,O00.00 Total 166AW.00 S 5,000.00 171,000.00 Draw 11 0ate Tlmeframe 1 1212212021 October 2021 $ 608,00 608.00 2 12122/2021 November 2021 477,45 $ 477.45 3 2/7/2022 December 2021 346.95 S 23,129.95 4 2/17/2022 January 2022 452.68 $ 452-68 5 3/29/2022 February 2022 123.90 $ 123-90 6 4/19/2022 March 2022 850.01 21,275.01 7 5/16/2022 April2022 312.56 -412.56 6 6/2112022 May 2022 --- 315.87 315,87 9 7/18/2022 June 2022 5 339.23 37,079,98 10 8/24/2022 July 2022 $ 356,96 856.96 11 9/30/2022 August 2022 $ 295-18 21,695.19 12 $ - Total 101,347.75 4,478.79 $ 105,826.54 Balance 64,652.25 521.21 65,173,46 FiRs-r AmF DmF_NT To PY21 5tr13RrclPlEN r AuR F-1:%[ENT- 110M VOWNEIt REFijR PREX AM 11..oj J oi:2 III. ALL OTHER Pl OVISIONS IN EFFECT. All provisions of the PY21 SR A shall remain in full force and effect except as express Iy modified by this First Amendment or other duly executed addenda. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the PY 1 RA or this First Amendment thereto. IN WITNESS WHEREOF, the parties sha11 cause this First Amendrnent to be executed by their duly authorized officers to be effective as of the day and year first above Written, SUBRE FPIENT: NeighborWorks Boise Bud Comp er, r,, F O Date CITY City of Meridian Attest: By; Robert E. Simison, Mayor 11-15-2022 [`Faris Johnson, City Clerk 11-15-2022 F IRST Amr-NDmrNT To PY21 SU13RECdPIEN'1'AoR I?F:W ENT-HOMEOWNER REPAIR PROGRAM PiieE 2 of 2 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Third Amendment to Subrecipient Agreement Between City of Meridian and NeighborWorks Boise for CARES Act Community Development Block Grant Funds for Mortgage Assistance Program THIRD AMENDMENT TO SUBREOIPIENT AGREEMENT BETV4WE E:N C ITY OF MERIDIAN AND NEIGHBORHOOD HOUSING SERVICES, INC'., DBA NEIGIRBORWORKS BOISE FOR CARES ACT CO MMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Third Amendment to Subrecipient Agreement between City of Meridian and Neighborhood Housing Services, Inc., DBA NeighborWorks Boise for CARES Act Community Development Block Grant Furids ["Third Amendment") is entered into this —L__N day of�} 2022 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ( City") and Neighborhood Dousing Servim, Inc., DBA NeighborWorks Boise (" Li ftciAlienf'). WHEREAS, on July 7, 2020, City and S ubreci pierit entered into Program Year 2019 ubrecipient Agreement ("PY 19 S'f A"), a cooperative agreement for the investment of Community Development Block Grant ("C;I)BG"}funds; and WHEREAS, Sub recipient requires additional time to corn plete the activities in the PYl9 SRA, and reduced the CDBG funds provided; NOW, T1-1EREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows; [, PR.O V1SIGN MODIFIED — sTA'rE14' ENT OF WQR . Section I.A. of the PY19 SRA shall be amended as Follows: A. Activities- Subrecipient shall use C;ity's CDBG-CV funds in an amount not to exceed two o�hun.dred seventy- one thousand three hundred dollars ($171.300), Subrec1pient will be responsible for administering a mortgage assistance program, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds, This project is eligible under 45 (Subsistence Payments). CDBG Funds wlt I be used to reimburse for mortgage payments and staff time to administer the program. The primary administrative office is located at 33 80 W Americana Blvd., Suite 120, Boise. See Attachment 1 for a rllap of the service IocatiOn. 11. PROVISION MODIFIED—7"Il1lE OI+ PE FORINANC'E. Section LC of the PY 19 SRA shall be amended as follows: G. Time of perFormancc Services of Subrecipicnt steal E start on or after April 1, 2020 and end on September-30, 2022 March 31. 2023_ The terra of this Agreement al)d the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control. of CDBG funds or other ItiDBG assets, including program income. III. PROVISION MODIFIED— REMrBURSE11+ ENT RE0UESTS. Section II.K.3 shall be amended as follows: ^..! 3. Reimbursement requesm It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not to exceed two 4"&ed&4at., +k:..,s.,.-.:J r..1wiked a.:...._ i4ee do!Ws ($214,;33 one hundred seventy-ore thousand three.hundred dollar's ( 171,300)_ 0ty will not accept or process reimbursement requests prior to City,S reception of Congressional release of Funds; the Community Development Program THIRD AMENDMENT TO PY19 SUDRECIPiEN-r A(iREFmv.1rt'- Niucfli3oRWoRKs BoisE P-AGE I or 3 Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement request's. Reimbursement rey jests for the pay nierlt of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by S ubrecipient. Reimbursement requests shall only be accepted via the ity's online portal and must be completed in fail to be processed. Instructions to submit reimbursement requmts are located in the Subrecrplent Toolbox at httpS. --n3erid3ancity.org'cdb� . A11 reimbursement requests are to be submitted as neeZed in coordination with the Community Development Program Coordinator. reimbursement requests shall include the following: transaction detail completed for the relevant draw request period and proof of payment by Subrecipient(such as copy of check and bank transaction information showing payment of check, copy of receipt of payment by contractor or subcontractor, and/or other relevant documentation of payment). Reimbursement requests roust be submitted within fifteen (1 ) calendar days from the close of each month of the program year except for the final reimbursement request. S ubreeipient's final reimburserent request under this Agreement must be submitted by Sub recipient no later than g pbwbo.. 30, 2922 March 31, 2023 and must include a Closeout Certification form which can be found in the Subreciplent Toolbox at https:flmeridian6ty.org/cdh&,;- S ubrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in wr-iting, by City- IV. MQ $ION MODIFIED— RUDGE-F. Attach inen16 shall be amended as follows: .._......_..--..,.....r_ Neigh borWorks Boise Mortgage Aussista rice Program Mortgage CDBta-CV project 4113 Payments Admin Total Award $ 150, .00 13,333.00 163,333.00 Amendment 2 46,000,00 4,000.00 $ 50,004.D0 Formal Requwit 8/25/21 (6,000,00) $ 6,15M.00 S - Amendment 3 (39,00.00) $ (3,033.001 $ (42,033.00 Total 151,000.00 20,30.00 171,30D.(00 Draw 0 Date Timeframe 1 10/5/2020 August 2020 $ 2,665.50 $ 98733 3,652.83 2 10/20/2020 September 2020 S 6,272.0O 245.00 $ 6,517.00 3 11/24/2020 October 2020 - $ 108,65 108.65 4 12/18/2020 Novernber 2020 $ 7,21 7.21 5 1/25/2021 December 2020 841.00 $ 282-90 $ 1,123.90 6 2/18/2021 January 2021 3,142.38 $ 453-32 S 3,595.70 7 3/17/2021 Fehruary 2021 5 10,340.06 S 726,30 11,066,36 _ s 4/13/2021 March 2021 $ 17,755-00 $ 541.23 18,296.23 µ 9 5/11/2021 ApriJ 2021 6,798,82 312.23 $ 7,111,05 10 6/16/2021 May 2021 5 16,979.72 $ 701..35 $ 17,581,07 11 7/14/2D21 June 2021 $ 2,934.09 $ 3-55.41 S 3,299.50 12 8/16/2021 July 2021 10,123,75 537.08 $ 10,660,83 13 9/22/2021 August 2021 987.97 $ 2,196.77 $ 3,194.74 14 10/15/2021 September 2021 12,001,80 S 1,270.41 5 13,272.21 15 11/23/2021 October 2021 5,531A6 $ 731-68 6,262.84 16 12/22/2021 November ZD21 920.91 5 1,130-54 S 2,051.45 17 1/13/2022 Pecember 2022 $ 5,758.30 5 795,81 5 6,554-11 18 2/17/2022 January 2022 5 607,20 $ 507-20 T 14lit3)A PY 19"RECIPIF�NT AGREEMENT-' OGHBORWORKS BOISE PAGE 2 OF 3 19 3/29/2022 February 2022 3,946.18 S 781.76 $ 4,727,94 20 411912022 March 2022 $ 6,197,36 5 1,211,47 7,408,83 21 5/16/2022 Apri12022 3,946.18 $ 1,173,62 $ 5,119m 22 6f 21f 2022 May 2022 4,527.00 $ i,eaj.63 $ 6,358.63 23 71 18/2022 June 2022 3,254.83 476.85 $ 3,73L68 24 8/24f 2022 July 2022 1,045.61 59.87 1,105.48 _ 75 9J30/20 2 August 2022 3,422.27 919.58 4,341.85 26 $ - 27 28 $ 29 Total 129,291.89 $ 18,445.20 $ 147,737.09 ialance 21,708.11 S 1,854.50 23,562.91 V. ALL OTHER PROVISIONS IN EFFECT. All provisions of the PY 19 SRA shall remain in full force and effect except as expressly modified by this Third Amendment or other duly executed addenda_ No other understanding, whether oral or written, shall be deemW to enlarge, limit or otherwise affect the operation of the P19 SIA or this 'Third Amendment thereto- IN WITNESS WHEREOF, the parties shall cause this Third Amendment to be executed by their duly atithorized officers to be effective as of the day and year first above written. NeighborWork Boise �LQ It'a ///0/-j'z By: Bud { nipper r., C ief Executive Officer Date CITY: City of Merldiar1 Attest_ By: Robert E, Sirnison, Mayor 11-15-2022 Chris Johnson, City Clerk 11-15-2022 THIRD ANENoMEIN-7TOPY19 SUBRECTIEN'T AGRr-UfZNT- W''7HH 9iW0RKs BojsE PAGE 3 ol;3 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Development Agreement (Torino Locust Grove Subdivision H-2022-0038) Between City of Meridian and Jeremy and Tara Rausch (Owner/Developer) for Property located at 870 S. Locust Grove Rd. ADA COUNTY RECORDER Phil McGrane 2022-093383 BOISE IDAHO Pgs=31 BONNIE OBERBILLIG 11/16/2022 10:49 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Jeremy Rausch and Tara Rausch, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 15th day of November 12022,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 Jeremy Rausch and Tara Rausch,whose address is 1684 E.Borzoi Ct.,Meridian,ID,83642,hereinafter called OWNER/DEVELOPER. I. RECITALS: 1.1 WHEREAS,Owner is the sole owner, in law and/or equity,of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance, require or permit as a condition of 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 enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation of 1.03 acres of land with the R-8 zoning district on the property as shown in Exhibit "A" under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS,Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested 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 27th day of September, 2022, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order DEVELOPMENT AGREEMENT—TORINO LOCUST GROVE(H-2022-0038) PACE I OF 8 ("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 is 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 Jeremy Rausch and Tara Rausch, whose address is 1684 E. Borzoi Ct., Meridian, ID, 83642, hereinafter called OWNER/DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 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. DEVELOPMENT AGREEMENT-TORINO LOCUST GROVE(H-2022-0038) PAGE 2 OF 8 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. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the conceptual development plan included in Section VH, Unified Development Code standards, and the provisions contained herein. b. The 20-foot common driveway shown in the short plat shall be extended to the eastern property line in a common lot and receive Fire Marshall approval to exceed 150 feet in accord with UDC 11-6C-3D. When the property to the east annexes into the City and develops, access to the subject property shall occur from S. Torino Ave. and the existing S. Locust Grove Road access shall be closed or used for emergency access purposes only. c. Building elevations visible from S. Locust Grove Rd shall incorporate a variety of building materials and 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. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six(6)months after the date of the Findings for the annexation and zoning 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/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. DEVELOPMENT AGREEMENT-TORINO LOCUST GROVE(H-2022-0038) PAGE 3 OF 8 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 67-6511A, 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 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 rezoning 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. DEVELOPMENT AGREEMENT-TORINO LOCUST GROVE(H-2022-0038) PAGE 4 OF 8 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 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/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 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Jeremy Rausch and Tara Rausch 1684 E. Borzoi Ct. Meridian, ID, 83642 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 DEVELOPMENT AGREEMENT-TORINO LOCUST GROVE(H-2022-0038) PAGE 5 OF 8 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 and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or 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 parry 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 rezoning 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] DEVELOPMENT AGREEMENT-TORINO LOCUST GROVE(H-2022-0038) PAGE 6 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: OWNER: Jeremy Rausch Tara Rausch STATE OF IDAHO ) . ss: County of Ada ) � ^� , 2022 undersigned, Notary On this I� day of fUo , before me,the undersi ed, a Not Public in and for said State, personally appeared Jeremy Rausch,personally known to me,proved to me through document evidence,or identified by a credible witness to be the person named in the foregoing and 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. FDECKLYN NELSON No Public Notary Public My Commission Expires: f 2- a/2 - State of Idaho Commission No. 20215828 STATE OF IDAHO ) ss: County of Ada ) On this I day of 2022, before me,the undersigned, a Notary Public in and for said State, personally appeared Tara Rausch, personally known to me, proved to me through document evidence, or identified by a credible witness to be the person named in the foregoing and 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. (SEf:iCKLYN NELSON Note Public Notary Public My Commission Expires: 72-�2/2'4- State of Idaho Commission No. 20215828 DEVELOPMENT AGREEMENT-TORINo LOCUST GROVE(H-2022-0038) PAGE 7 OF 8 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 11-15-2022 Chris Johnson, City Clerk 11-15-2022 STATE OF IDAHO ) ss County of Ada ) On this 15th 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 My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT—TORINO LOCUST GROVE(H-2022-0038) PAGE 8 OF 8 EXHIBIT A ANNEXATION PROPERTY DESCRIPTION FOR JBI ELEMENTAL 870 S. Locust Grove A parcel of land lying in the NWl/4 SW1/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a Brass Cap marking the South West corner of said Section 17, from which a Brass Cap marking the West 1/4 corner bears N.00°30'32"E. 2659.49 feet; thence along the West line of said Section 17 N.00°30'32"E. 2359.49 feet to a point, said point being the POINT OF BEGINNING; Thence continuing N.00"30'32"E. 150.00 feet to a point; Thence S.89°58'54"E. 300.00 feet to a 1/2 inch iron pin; Thence S.00°30'32"W. 150.00 feet to a 1/2 inch iron pin; Thence N.89°58'54"W. 300.00 feet to the POINT OF BEGINNING. Said parcel contains 1.0. acres, more or less, and is subject to all existing easements and right-of-ways of record or implied. Q � 140 g 15758 0 OF ��' O J. Hd'NPQ ANEXATION 1HI SM as BEARNS T 2 50'30.3VW 2652.40' O 150.ar 150.ar C LOOMOWK RM � 8 t' a° 14 Y 0 1n n O�> O r m _' NO'3U'32•E 150.Oo' � I I� I� ' DIY SR = I I 1 + I I y X � so'ar.o•. ,.o.tro' Q �i ■p I� � m> `r mg0 0 M I Im m.iz n b x O Y N mC)O Q �C� NO_01'06•E Npfa� Q gwho' I� �>Oz O H Q 1 'o I 50'arbti 1M 116' O� Z. il t sv w'xrr I >rn Ln I I Dmf Y >? (no � c � gar O II OwI RM Saw 31-. 'Saar — 5 y lDOM WV NOMS SAVA 1 � RS EA OM /I q €pp UI N V O 01 � Z x EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN AND DECISION&ORDER A r In the Matter of the Request for Annexation of 1.03 Acres of Land from R-1 in Ada County to the R-8 Zoning District AND Short Plat Consisting of Four(4)Residential Building Lots,by Jeremy Rausch. Case No(s). H-2022-0038 and SHP-2022-0008 For the City Council Hearing Date of: September 13, 2022 (Findings on September 27,2022) A. Findings of Fact 1. 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 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TORINO LOCUST GROVE ANNEXATION AND SHORT PLAT-H-2022-0038&SHP-2022-0008 7. That this approval is subject to the development agreement provisions and conditions of approval set forth in the attached Staff Report for the hearing date of September 13, 2022, incorporated by reference.The provisions are concluded to be reasonable and the applicant shall meet such requirements in accord with the approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and short plat is hereby approved per the development agreement provisions and conditions of approval in the Staff Report for the hearing date of September 13, 2022,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Short Plat Duration Please take notice that approval of a 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 short plat(UDC 11-6B-7A). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the short 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 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 11-6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TORINO LOCUST GROVE ANNEXATION AND SHORT PLAT-H-2022-0038&SHP-2022-0008 E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(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, 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 §§ 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 TORINO LOCUST GROVE ANNEXATION AND SHORT PLAT-H-2022-0038&SHP-2022-0008 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) Mayor Robert mison 9-27-2022 Attest: .F� �p�(•iiyol SEAL Chris Jo on 9- City Cle Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: ek-o K- Dated: 9-27-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR TORINO LOCUST GROVE ANNEXATION AND SHORT PLAT-H-2022-0038&SHP-2022-0008 STAFF REPORT E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING 9/13/2022 LL Legend DATE: ElNq)ect Lnoaf�or TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner ° 208-884-5533 _----- SUBJECT: H-2022-0038 and SHP-2022-0008 Torino Locust Grove Subdivision LOCATION: 870 S. Locust Grove Rd. --------------- I. PROJECT DESCRIPTION Annexation of 1.03 acres of land with the R-8 zoning district,and short plat consisting of 4 residential building lots. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage A 1.03 Future Land Use Designation Medium Density Residential(MDR) Existing Land Use(s) Vacant Proposed Land Use(s) Single Family Residential Lots(#and type;bldg./common) 4 Lots Phasing Plan(#of phases) One phase Physical Features(waterways, No significant physical features. hazards,flood plain,hillside) Neighborhood meeting date;#of March 17,2022 attendees: History(previous approvals) None B. Community Metrics Description Details Page Access(Arterial/Collectors/State S.Locust Grove provides the only access to this property. Hwy/Local)(Existing and Proposed) Stub Street/Interconnectivity/Cross This proposal includes a 30 ft.wide common driveway Access from S.Locust Grove to serve the four lots. Staff recommends an easement beyond the end of this driveway to the eastern property line. Existing Road Network S.Locust Grove Existing Arterial Sidewalks/ There is an existing 7 ft wide sidewalk along the property Buffers frontage.A 25 ft wide landscape buffer will be required as a condition of approval. Proposed Road Improvements None. Fire Service The common driveway shall be signed"No Parking Fire Lane".When required by the Fire Marshall,"No Parking Fire Lane"signs shall be used per appendix D of the 2018 IFC. Signs shall be installed per ACHD standards. The bottom of the sign(s)should be 7' above the road/sidewalk surface shall not be in the travel way. The sign(s)shall be installed about 6"— 1'behind the curbing or edge of pavement on a Tels ar post. Police Service No Issues Wastewater • Flow is committed • Due to proximity of sewer service to infiltration trench,sleeve both service two feet past each side of the infiltration trench. Water • Due to proximity of water service to infiltration trench, sleeve both service 10 feet past each side for the infiltration trench. C. Project Area .p Future Land Use Map Aerial Map �:'�'� LL nd = ; . IIIIII i -- M PlannedZoning Map Development Le g en d . 111111 i 11CFty Lin !l1111 Iles ------------------------- 9 84 84 III. APPLICANT INFORMATION A. Applicant/Representative/Owner(s): Jeremy Rausch— 1684 E Borzoi Ct,Meridian,ID 83642 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 7/19/2022 8/21/2022 newspaper Notification mailed to property owners within 500' 7/14/2022 8/18/2022 Applicant posted public hearing n 7/25/2022 8/14/2022 notice sign on site Nextdoor posting 7/15/2022 8/18/2022 V. STAFF ANALYSIS A. Annexation and Zoning The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is recommending a development agreement as part of the annexation approval. The submitted legal description and boundary exhibit to appear to encompass the area of annexation. However,the exhibit also includes a previous lot configuration of three lots. Prior to recordation of the annexation ordinance,the applicant shall submit a revised boundary exhibit which correctly matches the legal description. B. Future Land Use Map Designation(hgps://www.meridiancity.org/compplan) This property is designated as Medium Density Residential on the Future Land Use Map(FLUM) contained in the Comprehensive Plan. 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 annexation area is near existing public services and is adjacent to the city limits. The majority of the properties in this area east of S. Locust Grove Road and north of I-84 are rural residential,although there is land to the south of the subject property is recommended for commercial uses. The proposed density of 3.7 du/acre is well within the density range designation of the Plan. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIIL.A. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. C. Comprehensive Plan Policies (https://www.meridiancity.or /�pplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. • Encourage infill development. (3.03.01E) Infill development is described as "development of vacant, skipped-over parcels of land in otherwise built-up areas."The subject property is within an area surrounded by City-zoned property; commercial property to the west(across S. Locust Grove Rd) and south (across I- 84), the Snorting Bull Subdivision (aka— Woodbridge) to the north (in the City), and rural residential in unincorporated Ada County to the east.Although the property is within a larger unincorporated area, these unincorporated properties are surrounded by the City limits. This would be considered an infill area. • "Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The proposed medium density single-family detached homes will contribute to the variety of residential categories in the City; however, there is no variety in housing types proposed within the development or in the general vicinity. R-8 zoning and detached single-family homes in unincorporated Ada County are abundant in this immediate area. • Plan for connectivity between annexed parcels and county enclaves that may develop at a higher intensity. (3.03.04A) The property proposes to take access from S. Locust Grove, a principal arterial, via a common driveway within a 30 ft. wide easement. Per UDC 11-3A-3,for any property that takes direct access to an arterial and/or collector roadway, where access to a local street is available, the applicant shall reconfigure the site circulation plan to take access from such local street. Where access to a local street is not available, the property owner shall be required to grant cross-access/ingress-egress easements to adjoining properties. A new single-family residence has been built on the property to the north (820 S. Locust) and due to the position of the new structures there is not feasible access between it and the subject property. However, the house on the 0.92-acre property directly to the east(903 S. Tornio Ave) takes access directly from S. Torino Ave, a local road.As this property is within an unincorporated area characterized by houses constructed in the 1970s and is designated for medium density residential, annexation and redevelopment of this area could occur in the future. As a condition of approval,staff recommends the common drive extend to the eastern property line within a 30 ft. easement, so when the properties to the east are annexed into the city for redevelopment, access to the subject property can occur(via a private road) from S. Torino Ave and the S.Locust Grove access can be closed. • "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 along S. Locust Grove Rd. and can be extended by the developer with development in accord with UDC 11-3A-21. Staff finds this development to be generally consistent with the Comprehensive Plan. D. Existing Structures/Site Improvements: The property is presently vacant. E. Proposed Use Analysis: The proposed use would be single family residential. This is a permitted use in the R-8 zoning district. F. Dimensional Standards(UDC 11-2): All proposed lots appear to meet UDC dimensional standards per the submitted preliminary plat. This includes property sizes,required street frontages,and road widths.Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets,common driveways and block face. In addition,all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3)regarding common driveways. A perpetual ingress/egress easement shall be filed with the Ada County Recorder,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. Address signage should be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. G. Specific Use Standards(UDC 11-4-3): As required,only one(1) single-family dwelling is proposed per property. H. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): As this subdivision is only for four lots,the applicant has not submitted building elevations. However, due to the proximity to S.Locust Grove and visibility of the lots,staff recommends a development agreement provision that requires building elevations visible from S.Locust Grove Rd to incorporate a variety of building materials and 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. Single-story structures are exempt from this requirement.Planning approval will be required at time of building permit. 1. Access(UDC 11-3A-3, 11-3H-4): The subject lot presently takes access from S. Locust Grove Rd. As already mentioned in the Comprehensive Plan analysis above,per UDC 11-3A-3, for any property that takes direct access to an arterial and/or collector roadway,where access to a local street is available,the applicant shall reconfigure the site circulation plan to take access from such local street.Where access to a local street is not available,the property owner shall be required to grant cross-access/ingress-egress easements to adjoining properties.As the properties directly to the east(as well as numerous other properties)are within unincorporated Ada County and could annex and redevelop in the future, Staff is recommending the common driveway shown in the short plat be extended to the eastern property line in a 30 ft wide easement. If the property to the east develops, access to the subject property shall occur(via a private road)from S. Torino Ave and the S. Locust Grove access be closed or used for emergency access only. J. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. K. Sidewalks/Parkways(UDC 11-3A-17): Sidewalk already exists along the S. Locust Grove Rd property frontage. L. Landscaping(UDC 11-3B): The applicant will be required to install a 25' wide buffer along S. Locust Grove Rd. as is required for arterial streets. Per UDC 11-3B-7, all street landscape buffers shall be on a common lot or on a permanent dedicated buffer easement,maintained by the property owner,homeowner's association or business owners'association. This is not reflected as such on the plat. Staff has added this as a condition of approval prior to City Engineer signature. The landscape plan does not indicate whether there are any existing trees on the property that meet the preservation requirements of UDC 11-313-10. This should be reflected on the landscape plan prior to City Engineer signature. M. Fencing(UDC 11-3A-6, 11-3A-7): All fencing will be required to comply with the standards listed in UDC 11-3A-7. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and the provisions noted in Section VII.A per the findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on August 4,2022.At the public hearing,the Commission voted to recommend approval of the subject AZ and SHP request. 1. Summary of Commission public hearing: a. In favor: Jeremy Rausch b. In opposition: Stan and Elaine Sears,Patricia Christensen,Jeanette Tanner and Ryan and Glenna Newby c. Commenting. None d. Written testimony: See above in the opposition section. e. Staff presenting application: Bill Parsons 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. Extension of the common driveway to the eastern boundary. 4. Commission change(s)to Staff recommendation: a. Commission modified DA provision b. 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on September 13,2022.At the public hearing,the Council moved to approve the subject AZ and SHP requests. I. Summary of the City Council public hearing: a. In favor:None b. In opposition: None C. Commenting:None d. Written testimony: David Palumbo and Shawn Freeman e. Staff presenting application: Bill Parsons f Other Staff commentingon application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. None VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit Ai',TNEXA`1'ION PROPERTY DESCRIPTION FOR JBI ELEMENTAL 870 S.Locust Grove A parcel of land lying in the NW1A SW114 of Section 17, Township 3 Noah, Range 1 East,Boise Meridian,Ada County,Idaho, said parcel being more particularly described as follows: Commencing at a Brass Cap marking the South West corner of said Section 17,from which a Brass Cap marking the West 114 corner bears N.00°30'32"E. 2659.49 feet; thence along the West line of said Section 17 N.00°30'32"E.2359A9 feet to a point,said point being the POINT OF BEGINNING; Thence continuing N.00"30'32"E. 150.00 feet to a paint; Thence S.89°58'54"E. 300.04 feetlo a 112 inch iron pin; Thence 5,00030'32"W. 'I50.00 feat to a 112 inch iron pin; Thence N.89°58'54"W. 300.00 feet to the POINT OF BEGINNING, Said parcel contains 1.0 acres, more or less, and is subject to all existing easements and right-of--ways of record or implied. 4 � 15758 0 OF ► ! ,4 PQ� Ic HG P6 R i. F9:k Of LSL1NMriS UM Tlm SEB'SB•54"E SG9'7a'31'E 732�' 2 �. +8ac aau' '!a7aa' � a..scr 3 4. g 9 n . 03 � I 3 a R SY i6E i 58Y ar 54"E 1 6ATY 37.00' �# n 1150'S6�S4�N � 3r PIM71 UI1 amy gs ao•w �I S 56$SE'S4"E d�3' 64 7?` �—+ —__—___---81.20' --� `•` — •� fin®Mu S�54'w 9 g-w — — — 5'9 I F( N13 aa•� CF — BWU EARY LINE NOTESSElTM LINE CFDM4lX 19 MAX lv FM rpAw 59 2P —.._. ......m......,.r WIV-LOW B. Short Plat(date: 5/20/2022) 25 I • 1 C' IPPIGATI0)N EASEmEHT LOT 2 LOT 3 ' 6775 5F 8775 SF I I I I LOT 1 ' I - LOT 4 10124 SF: i 10124 SF fl . I I tq ' 4- I 3d' ACCESS, CRAINACE, -AwR U-nU-r'' EVENT ASEMENT Ld A � exisTra15 I k\I SIOeww€ cn -a'�i '�— r. -' ' S LOCUST GROVE ROAD- - '4,3 LOCUST GROVE STA;24t34.W — SI - SHARED DRIVEWAY STA; VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian and the property owner(s) at the time of annexation ordinance adoption, 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 conceptual development plan included in Section VII,Unified Development Code standards, and the provisions contained herein. b. The 20-foot common driveway shown in the short plat shall be extended to the eastern property line in a 30 ft wide ease me common lot and receive Fire Marshall approval to exceed 150 feet in accord with UDC 11-6C-3D. When the property to the east annexes into the City and develops, access to the subject property shall occur from S. Torino Ave. and the existing S. Locust Grove Road access shall be closed or used for emergency access purposes only. c. Building elevations visible from S. Locust Grove Rd shall incorporate a variety of building materials and 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. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. 2. Prior to City Engineer signature,the short plat shall be revised to indicate the street landscape buffers on a common lot or on a permanent dedicated buffer easement,maintained by a property owner, or homeowner's association per UDC 11-3B-7. 3. Prior to recordation of the annexation ordinance,the applicant shall submit a revised annexation boundary exhibit. 4. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for all buildable lots. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 7. An exhibit shall be submitted with the short plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11-6C-3D. 8. For the common driveway that serves a dual purpose(i.e. driveway/emergency access), signage shall be provided to notify residents that the common driveway is a no parking zone. 9. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. 10. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13. 11. The Applicant shall comply with all conditions of ACHD. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. Due to proximity of water service to the infiltration trench services must be sleeved for 10 feet past the trench on each side. 2. Due to proximity of sewer service to the infiltration trench services must be sleeved for 2 feet past the trench on each side. 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 11-313-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years.This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 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. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. C. ADA COUNTY HIGHWAY DISTRICT https:llweblink.meridiancily.org/WebLinkIDocView.aspx?id=266244&dbid=0&redo=MeridianCit V&cr=1 D. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridiancily.or /WebLinkIDocView.aspx?id=266773&dbid=0&redo=MeridianCit X E. NMID https:llweblink.meridiancily.or /WebLinkIDocView.aspx?id=266212&dbid=0&redo=MeridianCit X IX. FINDINGS A. ANNEXATION AND ZONING 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 Council finds annexation of the subject site with an R-8 zoning designation is consistent with the Comprehensive Plan MDR FLUM designation for this property if the Applicant complies with the provisions in Section VIII. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds the lot sizes proposed combined with the housing types proposed will be consistent with the purpose statement of the residential districts in that a range of housing opportunities will be provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The Council finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. The Council considered all oral or written testimony provided when determining this finding. 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 proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city The Council finds the proposed annexation is in the best interest of the City if the property is developed in accord with the provisions in Section VIII. B. SHORT PLAT 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 Medium Density Residential with a density range of 3-8 du/acre. The proposed short plat complies with the Comprehensive Plan and is developed in accord with UDC standards. B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; The Council finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; The Council finds that the development will not require major expenditures for providing supporting services.The developer and/or future lot owner(s)will finance improvements for sewer, water,utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and The Council finds the proposed short plat will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. The Council is not aware of any significant natural, scenic or historic features associated with the development of this site. E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Resolution No. 22-2355: A Resolution Establishing the Reappointment of Dom Gelsomino to Seat 1 and Jennifer Bobo to Seat 2 of the Meridian Parks and Recreation Commission; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 22-2355 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION ESTABLISHING THE REAPPOINTMENT OF DOM GELSOMINO TO SEAT 1 AND JENNIFER BOBO TO SEAT 2 OF THE MERIDIAN PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-4-1 establishes the Parks and Recreation 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 Dom Gelsomino to Seat 1 and Jennifer Bobo to Seat 2 of the Parks and Recreation 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, Dom Gelsomino is hereby reappointed to Seat 1, and Jennifer Bobo is hereby reappointed to Seat 2 of the Meridian Parks and Recreation Commission, which terms 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 15th day of November, 2022. APPROVED by the Mayor of the City of Meridian, Idaho,this 15th day of November,2022. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION FOR REAPPOINTMENT OF GELSOMINO AND BOBO TO THE PARKS AND RECREATION COMMISSION-Page I E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Resolution No. 22-2356: A Resolution Establishing the Reappointment of Megan Larsen to Seat 5 of the Meridian Solid Waste Advisory Commission; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 22-2356 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION ESTABLISHING THE REAPPOINTMENT OF MEGAN LARSEN TO SEAT 5 OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-6-1 establishes the Solid Waste Advisory 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 Megan Larsen to Seat 5of the Solid Waste Advisory 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, Megan Larsen is hereby reappointed to Seat 5 of the Meridian Solid Waste Advisory Commission, which term shall expire September 30, 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 15th day of November, 2022. APPROVED by the Mayor of the City of Meridian, Idaho,this 15th day of November,2022. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION FOR REAPPOINTMENT OF LARSEN TO THE SOLID WASTE ADVISORY COMMISSION-Page I E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Fiscal Year 2023 Budget Amendment in the Amount of$181,000.00 for Supervisory Control and Data Acquisition (SCADA) System Security Upgrades 1012812022 2:36PM City of Meridian FY2023 Budget Amendment Form Personnel Costs Full Time Equivalent(FTF): Fund# Dept.# G/L# Proj.# G/L#Description Total E IDIAN-- 60 3200 41200 C Wages 60 320C 41206 C PT/Seasonal Wages I D p H 0 60 3200 41210 0 Overtime Piease only complete theficids 60 3200 413C4 0 Uniform Allowance highlighted in Orange. 60 3200 42021 0 FICA $ Amendment Details 60 3200 42022 0 PEPSI $ Title: SCADA System Security Upgrades 60 3200 42023 0 Worker's Comp $ rtment Name: Public Works 60 3200 42025 0 Emplo ee Insurance $ JPresenting Department Name: Public Works Total Personnel Costs $ Department#: 32DO Operating Expenditures Primary Funding Source: 60 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 60 3200 54350 0 computers and Printers $ 47,000 $ 47,000 Project#: 60 3200 S3360 0 Software Expense $ 42,GD0 $ 42,000 60 32DO 54120 0 Electronics Expense $ 5,300 $ 5,300 Es thisfor an Emergency? ❑ Yes Q No 60 3200 53360 0 Software Expense $ 10,800 $ 10,800 New Level of Service? ❑ Yes Q No 60 320D 0 $ 60 3200 0 $ Clerks Office Stamp 60 3200 0 $ 60 3200 1 C 1 $ 60 3200 0 $ 60 3200 0 $ 60 3200 0 $ 60 3200 0 $ 60 32M 0 $ Date of council approvol 1 1-15-2022 Total Operating Expenditures $ 94,300 $ 10,800 $ 105,100 Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Aclmowledgement Date 60 3200 54350 0 Capital Computers&Printers $ 75,900 so 3200 0 o/ag Z 7- so 3200 0 Department Director 60 3200 0 REVIEWED BP 10/31/22 60 3200 p By Todd Lavoie at 9:a9 am,Nov Ot,402I 60 3200 0 Chief Financial Officer Total Capital Outlay $ 75,900 Revenue/Donations Approved Jessica Perreault 6:01 pm 11/2/22 Fund# Dept.# G/L# Proj.# G/L#Description Total CounpinlaIlison 60 3200 p 60 3200 p 11-3-22 50 320p p Mayor Total Revenue/Donations $ - Total Amendment Request $ 181,000 Total Amendment Cost-Lifetime City of Meridian FY2022 BudgeSAAukndTBmCP33YBusOpsSudgetRatesVBudget Prep Rec_10 yearstudget'231AmendmentslSCADA Server Security Upgrd4Final-FY23 Budget Amendment SCADA System Security Upgrades-LM 10/75/2022 2:3e PM City of Meridian FY2023 Budget Amendment Form Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Public Works Funding 2023 2024 2025 2026 2027 Title: SCADA System security Upgrades Personnel $ - $ - $ - $ - $ - t ttt,rtuona rut 5nnmnttng 6mtget Amendments: Operating $ 105,100 $ 10,800 $ 10,800 $ lu,800 $ 10,800 >oepartme Mvnll sendAmendment with oo-ec sign.tureto ran..ce(gudgetnn")f«review Capital $ 75,300 >Finance will send Amendmentto Councg uamn forsism—e Total $ - $ 181,OW $ 10,800 $ 10,800 $ 10,800 $ 101800 >co-4 uaean will send signed Ann dment to Maroc Total Estimated Project Cost: $ 2ZVOa >may.,will sends Sned Amoname„t to flnente tgodget AnaWl Evaluation Questions >Fin—ea(Audget Anatrst}wdu send approved copy Amendmerd to oapartnent Please answer all Evaluation Questions using the financial data referenced above. >rkpa,ti-t,.,I¢addcopyofArmndmenttocouncilAgendausingNmsAgendaManager 1. Describe what is being requested? This project would fund the needed equipment and software that will allow the IT Department to isolate the City's SCADA system from the main City system in the case of an emergency.This would provide improved security for both the SCADA and City systems that allgns with current best practices forindustrial control systems. 2.Why as this budget request not submitted durin the current fiscal V arbudgetcycle? This project was originally included in the early ARPA funding discussions and was not included in the preparation of the original FY23 budget.Because ARPA funding was utilized for ether projects,a budget amendment is needed to begin work on this project. 3. What is the explanation for not submittinatbis budget_request during the next fiscal year budget_cycle?__ This project Is currently Included in the FY24 Cl requests;however,waiting until FY24 to begin work will leave the SCADA system open to higher risk for a longer period of time.Additionally, current lead times are significant on many IT related Items further driving the need to accelerate the funding to allow these long lead time itemsto he ordered. 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval ofthis request. Enterprise fund 5.Does this request align with the Department/Cil strategic plan?If not,please explain how this request was not included in the Department/City strategic plan? - 6. Does this request require resources to be provided by other departments?if yes,please describe the necessary resources to be provided by other departments. Yes,IT wil I complete the installation and configuration work. 7.Does this Amendment include any needed E ui merit or Software that will utilize the Ci 's network?Yes or trio Yes r 8.Is the amendment goingto result in the dis osal of an asset? Yes or Na No 9.Any additional comments? This is a joint requestfrom Public Works and IT. Total Amendment Request $ 181,000 Every effort should be made to avoid reopening the budgetfor on amendment.Departments will need to prouide backup and appear b efore the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget.Changes to the original balanced budget may cause a funding shortfall. City of Merelan FY2022 Budge6AAuhvddSm F#AusOpsTudgetRates\Budget Prep Rec_1 D yearsl3udget'234Amendments\$CAUA Server$ecudty Up9rcI%Final-FY23 Budget Amendment-SCADA System Security Upgrades-LM Mayor Robert E. Simison E Treg IDIAN - BeCity Council Members: rnt Brad Hoaglun Joe Borton Jessica Perreault f jf H O Luke Cavener Liz Strader TO: Mayor Robert E. Simison Members of the City Council FROM: Laurelei McVey, PW Director Dave Tiede, IT Director DATE: 10/19/22 SUBJECT: BUDGET AMENDMENT FOR FY2023 IN THE AMOUNT OF $181,000 FOR SCADA SYSTEM SECURITY UPGRADES. I. RECOMMENDED ACTION A. Move to: 1. Approve the SCADA System Security Upgrades Budget Amendment for$181,000. 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Laurelei McVey, Director of Public Works 208-985-1259 Dave Tiede, Director of Information Technology 208-489-0496 III. DESCRIPTION A. Background This project would fund the needed equipment and software that will allow the IT Department to isolate the City's SCADA system from the main City system in the case of an emergency. This would provide improved security for both the SCADA and City systems that aligns with current best practices for industrial control systems. B. Reason for Amendment This project was originally included in the early ARPA funding discussions and was not included in the preparation of the original FY23 budget. Because ARPA funding was utilized for other projects, a budget amendment is needed to begin work on this project. This project is currently included in the FY24 CFP requests; however, waiting until FY24 to begin work will leave the SCADA system open to higher risk for a longer period of time. Additionally, current lead times are significant on many IT related items further driving the need to accelerate the funding to allow these long lead time items to be ordered. Approved for Council Agenda: Public Works Department . 33 E.Broadway Avenue,Suite 200,Meridian,ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.orq E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Discussion of Civic Block Time Extension Request MERIDIAN 104 E.Fairview Ave - d eve Lo m e nt corp. #239 Meridian,ID 83642 REVIVE • RENEW • REDEFINE 20 e www.meridiandevelopmntco7786 ntcorp.com October 31, 2022 Honorable Mayor Simison and Members of the City Council City of Meridian 33 East Broadway Avenue Meridian, ID 83642 RE: Civic Block Time Extension Request by River Caddis Dear Mayor Simison and Meridian City Council Members: At the October 26, 2022 Meridian Development Corporation board meeting,the board reviewed and discussed the one-year time extension request from River Caddis as related to the Civic Block project. Upon review and discussion of the request,the Meridian Development Corporation recommends engaging in the re-negotiation of components of the Memorandum of Agreement(MOA) and the purchase and sale agreements between MDC,River Caddis,and the City.This renegotiation should include consideration of a potential extension of up to one-year on aspects of the River Caddis MOA and the corresponding purchase and sale agreements with the following conditions: 1. The Hunter Lateral will be commenced and completed by River Caddis before the irrigation water comes back in the system in the upcoming spring of 2023. MDC and City are to approve the estimated cost. If the overall project does not ultimately move forward then the City and MDC will work out reimbursement for River Caddis of the associated costs for relocating the lateral. 2. The due diligence period in the purchase and sale agreements should be modified. Need to set a specific date and eliminate the extensions. The new proposed date for completion of the due diligence is June 30, 2023. 3. The one-year extension would apply to closing and commencement of work on the project. 4. River Caddis referenced potential modification of the proposed development. If River Caddis desires to make a significant change to the project,then MDC believes that the development project should be put back out for proposal. If the proposed changes are not significant then the proposed changes need to be presented and approved by a mutually agreeable date certain. 5. The timeline to have a negotiated Owner Participation Agreement needs to be addressed and agreed upon. Please don't hesitate to reach out to our Administrator if you have any questions. Regards, Dave Winder, Chairman Meridian Development Corporation Attachments: Time Extension Request from River Caddis Proposed Revised Project Schedule from River Caddis Memo to the MDC Board of Commissioners Approved Civic Block Memorandum of Agreement Signed Purchase and Sale Agreement between MDC and River Caddis Signed Purchase and Sale Agreement between MDC and the City of Meridian www.rivercaddis.com RIV ERCADDIS DEVELOPMENT October 13, 2022 Ashley Squyres, Administrator Meridian Development Corporation 104 East Fairview Avenue, #239 Meridian, Idaho 83642 meridiandevelopmentcorp@gmail.com RE: City of Meridian Civic Block Project Extension Request for RFP Submittal Dear Ms. Squyres, We are writing this letter to request an extension to the Memorandum of Agreement between River Caddis Development, the Meridian Development Corporation, and the City of Meridian (the "MOW), due to a multitude of factors out of our control. This letter will explain what we have done, what we have found, why we need an extension, and how we plan to proceed. WHAT we have done and WHAT we have found: After the RFP was released in 2021 and awarded early 2022, we set out to negotiate with both Meridian Development Corporation ("MDC") and the City of Meridian ("CITY") on legal terms memorializing our development plans in accordance with standards set forth in our presentations and the long-and short-term objectives of all parties. In a parallel path, we engaged the community and its stakeholders — seeking to understand concerns and integrating them into a feasible and exciting development. During this time, our delivery partners ran several estimated budgets and analyzed the capital markets to confirm we were still on path to a financially feasible project. Once we had negotiated these terms, heard the public, and integrated these concerns into our development, we memorialized terms into contracts to eventually acquire the municipally owned land. As soon as these contracts were executed, River Caddis Development, ("RCD") and its delivery partners immediately engaged subcontractors previously used in a project completed in Ada County at the end of 2021. When the preliminary numbers came in, which were astonishingly greater than expected, we had to re-run the numbers with other partners, including local, to confirm their findings, taking more time. We set a holistic meeting with all of our partners to discuss the findings and discuss the increase of estimated budget. To our shock and dismay, we learned that the current state of the construction market in the nation is especially compounded in the Valley. A project, in comparable size and scope, completed less than two years prior had increased in cost +77%. While this was a shock, we swiftly engaged in a forensic audit of these costs to better understand the reasoning behind this astonishing escalation in budgetary numbers. RCD and its delivery partners were intentionally assembled and designed to leverage our national experience and wherewithal in the construction and design market. Our forensic audit in construction index of Ada County against other Counties across the United States demonstrated an abnormality in geographical construction costs. Ada 1038 Trowbridge Road O Office:517703-2107 �� Email:jmcgraw@rivercaddis.com 3467269 East Lansing,MI Mobile:517 420-7393 Web:www.rivercaddis.com 34886958.2 www.rivercaddis.com RIV ERCADDIS DEVELOPMENT County is simply tracking way above where it typically would against other markets. Not only has the construction market costs, and supply chain been affected on a local stage, but interest rates have significantly increased nationally, substantially decreasing values across all commercial real estate. RCD has continued to expend resources in attempts to identify a solution for this unusual situation. We have continued to engage consultants (Architects and Engineers, Construction Management, Designers, Legal) as well as expend travel and other costs in the continued pursuit of the Civic Block development. We have done everything we have said we were going to do but have been faced with challenges we could not have anticipated. Once we were enlightened to these findings, we immediately contacted the MDC and CITY to make known of our findings and look for a common solution. WHY do we need this extension: RCD is requesting to amend the MOA to provide for a 12 month of the term to allow time to find a solution to developing our proposed project, or a like project both MDC and CITY will approve and be proud of. We KNOW this is not a RCD issue, and any developer will be faced with these same issues. We also strongly believe that RCD was chosen as a development partner to the CITY as they were best suited to bring a transformational project to downtown Meridian. We would like the time to collaborate with the stakeholders over this extension to pursue a development that reflects the objectives and current market capabilities. We are invested in the City, County, and this project; and would appreciate the opportunity to pursue this partnership whether it be with our proposed project or something smaller in scale. HOW we plan to proceed: a. RCD will continue to forensically analyze the areas of our budget that are in excess and unlock solutions; b. RCD will look for other subcontractors within the Treasure Valley Market as well as from outside markets to continue to close the gap; c. We would like to engage the development committee or a created entity to walk through solutions or potential changes to the design and scope of the development; d. We would like to engage same committee on other solutions to integrate or trade out with other amenities; e. Entire mission is to design and facilitate a desired development outcome short and long term; and f. We will cooperate with the CITY and MDC on the Hunter Lateral efforts in attempts to get this part of the project moving forward. RECAP In light of the foregoing, we are graciously requesting an extension of 12 months (as further described in the attached Estimated Project Schedule) to the MOA and PSA. We are grateful for the continued support and partnership of both MDC and the CITY and appreciate the consideration of this letter's 1038 Trowbridge Road O Office:517 703-2107 Email:jmcgraw@rivercaddis.com 3467269 East Lansing,MI Mobile:517 420-7393 Web:www.rivercaddis.com 34886958.2 www.rivercaddis.com RIV ERCADDIS DEVELOPMENT intent. As stated in the past, we would be truly grateful for the opportunity to make a significant investment that will shape the future of the community for years to come. Sincerely, RIVER CADDIS DEVELOPMENT, LLC 0 It John McGraw Director of Development 1038 Trowbridge Road O Office:517 703-2107 Email:jmcgraw@rivercaddis.com 3467269 East Lansing,MI Mobile:517 420-7393 Web:www.rivercaddis.com 34886958.2 h Report Date: OPUS' Meridian Civic Block Mixed Use 12/1/2022 THE OPUS GROUP Line Unique Task ID Name r1 11 l Duration Stan 1� Finish I ' I II I11 ipiEnn"thirle° m°e'ntIs i Elm III I III III III III I redecessors 2 0030 Contract Extension 194d 12112022 9152023 MC.act extaion 3 0040 Easements,Platting,Financing 65d 1122024 41112024 0030 I I I I _asements,NRnandng Land Ching 0050 land Closing id 41112024 41112024 0040 FF 6 0060 City of Meddian Site Approval 64d 2152024 CRY AmeId un she ApprovaI 7 0070 Building Permit 22d 41112024 4130/2024 pem P Pr 11 1 I Deign 9 0080 Design Development 82d 92 112024 III III III III Design Developmert 10 0090 Cootnstruction DocumentslPermit 65d 1122024 4/112024 0080 Canshutiian Daumer�tslpermh5et' 110100 Final Working 64dI I I I I Final wrY'ng Dmw ngs 11 I24 811/2024 13 0110 Demolition and Site Prep 31d 51312024 61172024 I I I I I I _Demoritioo and Site prep 14 0130 Grading and Ste Utilities 33d 61172024 81ffi024 0110 I I I I I I _Grading and Site 01tia, IF 1 11 . I I I I I I I Ramp ana CnmmunM @ntx Can 16 0140 Footings/Foundations 41d 8152024 10112024 0130 FoodroFaandetions 17 0150 Concrete Podium and Ramp 149d 101 O24 502025 0140 Concrete Podmm and Ramp. 18 0160 Core and Shell Buildout 106d 5/512025 10IM025 0150 Cite and shell Buildwt 19 0170 Shell Substantial Completion Old 101312025 101312025 0160 Shdl&-ntialCmrplermn 20 0180 Community Center Build Out 129d 111412025 1 5/612026 1 Qxroarrij Carter Build Out 21 0190 Comm unity Center Od 5172026 51712026 0180 Community Cemer0aupengl Occupancy1Opening I I I I I I I I I I I I I I I I 1191 Apart ant Construction 276d 515120251 . I I I I I I I I I IIF Apzmnemmnamaionj 23 0200 Wood Framing 126d 51512025 10/3012025 0160SS I I I I I I I I I I —Wood Framing ]260230 0210 L rBuild Out 128d 1013112025 51112026 02DO —Interor B Ot cup 0220 tions and Close Out 21d 54 61112026 0210 ■Inbs d 11-ou Occupancy/Completion 1d 61212026 6/212026 0220 I I I I I I I I I I I I I I ocapancytc pletim l Milestone Appearances [] Diamond Irint Date: 10/13/2022 Page: 1 of 1 MERIDIAN 104 E.Fairview Ave - d eve Lo m e nt corp. #239 Meridian,ID 83642 REVIVE • RENEW • REDEFINE 208.830.7786 www.meridiandevelopmentcorp.com To: MDC Board Members From:Ashley Squyres,Administrator RE: Civic Block Time Extension Request Date: October 20,2022 Background: After two and a half months of uncertainty with the status of the Civic Block project,and given the looming end-of-the-year deadlines per the Civic Block Memorandum of Agreement(MOA),MDC leadership requested a formal status update from the River Caddis team as it pertains to the status of the project. On Friday,October 14th, River Caddis submitted the attached letter to MDC requesting a project time extension of one year.The reasoning for the request is due to a variety of factors including current market conditions and escalating construction costs. MDC leadership and City leadership met to review the letter and to discuss next steps.The sentiment was of some disappointment as there was no real project progress or new information since the meeting with the developer in mid-August,only the continued request for a time extension. In discussions with leadership,the sentiment was strong that if a time extension were to be granted,there needed to be a commitment by the developer to move forward with the Hunter Lateral portion of the project. The proposed process to evaluate the River Caddis request is thus: • On October 26th,MDC will review the request and provide a formal recommendation action to the City Council.This recommendation will be considered at a future public meeting. • If the City Council agrees with the recommendation,then the appropriate next steps will be taken depending on the outcome.For example,if approval of the time extension is granted,then the MOA and the Purchase and Sale Agreements (PSAs) will need to be updated accordingly. If the decision is to deny the time extension,it will be up to the developer as to whether or not they choose to meet the conditions of approval outlined in the MOA and PSAs by the specified timeframes or if they forego moving forward with the project. • If the City Council does not agree with the recommendation and the two agencies cannot come to an agreement as to whether or not a time extension should be granted,the original dates as outlined in the MOA and PSAs are still in effect. Options for the Board's Consideration: Option A:Approve the time extension with no stipulations and recommend this option to the Meridian City Council for their consideration. Option B: Deny the time extension and recommend this option to the Meridian City Council for their consideration. Option C:Approve the time extension with conditions of approval and recommend this option to the Meridian City Council for their consideration. For example,a condition could be tied to the construction of the Hunter Lateral,by the River Caddis development team, during the winter/spring of 2022-2023. MEMORANDUM OF AGREEMENT CIVIC BLOCK DEVELOPMENT PROPOSAL This MEMORANDUM OF AGREEMENT ("Agreement") is made thisl2th day of April , 2022 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC") and Meridian Caddis, LLC, a Michigan limited liability company registered to do business in Idaho ("Respondent"). The foregoing may be collectively referred to as"Parties" or individually as a "Party." Y• WHEREAS, MDC in cooperation with the City issued a Request for Proposals ("RFP") seeking proposals from interested parties for the development or redevelopment of the Civic Block property(the "Project") containing parcels owned by the City and MDC; WHEREAS, River Caddis Development, LLC, a Michigan limited liability company(the "Original Respondent") submitted one of three proposals received and was selected by MDC and the City subject to certain contingencies; WHEREAS, Respondent is wholly owned by Original Respondent or its principals and was formed by Original Respondent for purposes of entering into this Agreement and the Definitive Agreements (as defined in Article 2,below) and pursuing the Project; WHEREAS, the Parties desire to describe the process necessary for the Respondent's proposal to move forward; NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: 1. MDC and the City's acceptance of the Original Respondent's proposal was conditioned upon the attached list of contingencies which includes RFP and RFP addendum content, the Original Respondent's proposal and presentations, as well as conditions discussed at MDC and City joint public meetings where Original Respondent was present (See Exhibit A attached hereto and incorporated by reference herein). The Parties acknowledge and agree to these contingencies and that they will be incorporated into the Definitive Agreements or survive the execution of the Definitive Agreements, as applicable. 2. The Respondent agrees that its Proposal will remain valid until the completion of negotiations and possible execution of (i) a purchase and sale agreement for the City property between the City, as seller, and MDC, as purchaser(the "City/MDC Purchase Agreement"); (ii)a purchase and sale agreement between MDC as seller, and Respondent, as purchaser, for the MDC property and the City property(the MDC/Respondent Purchase Agreement"); and(iii) an owner participation agreement for the entire Project property between MDC and Respondent, as developer(the "OPA") (all of the aforementioned agreements in this paragraph are collectively referred to as the "Definitive Agreements"). The Parties acknowledge that the sale of the City property to MDC is subject to a public process and is a necessary component of the Definitive Agreements. The Parties acknowledge that the City cannot guarantee an outcome and/or commit to transfer of the city MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT PAGE 1 OF 8 42358753.10 property to MDC in advance of that public process. 3. This Agreement is governed by the laws of the State of Idaho,constitutes the entire understanding between the Parties and may not be modified except by written consent of all the Parties. The Parties agree to participate in the negotiation of the Definitive Agreements in good faith. This Agreement will automatically terminate if the Definitive Agreements acceptable to all parties are not executed by City, MDC and Respondent as applicable on or before 5:00 pm on December 31,2022 (the "Negotiation Period Expiration Date"). If this Agreement is in effect, then between the Effective Date and the Negotiation Period Expiration Date, City and MDC shall deal exclusively with the Respondent in connection with the Project and shall not negotiate, discuss or enter into any purchase agreement, owner participation agreement or similar agreement with respect to the Project or the Project property as referenced above with any other party. The Parties may extend the Negotiation Period Expiration Date by mutual written amendment to this Agreement. Upon the execution of the Definitive Agreements by the Parties,this Agreement shall be of no further force or effect, except for those obligations set forth herein that expressly survive the execution of the Definitive Agreements. 4. Either Party may terminate this Agreement upon thirty(30) days written notice of default regarding the tenns and conditions of this Agreement or for lack of substantial progress in the negotiations of the Definitive Agreements. If the defaulting Party cures the default or lack of substantial progress within the thirty(30) day period described in the notice, then the notice shall be deemed withdrawn and this Agreement will remain in effect. Any notices, demands or requests required or permitted to be given hereunder must be in writing and shall be deemed to be given (i) when hand delivered; or(ii) one (1)business day after delivery to FedEx or similar overnight service for next business day delivery; or(iii)three (3)business days after deposit in the U.S. mail first class postage prepaid; or(iv)when sent by facsimile or electronic (pdf)transmission during normal business hours (i.e., 8:00 a.m. to 6:00 p.m.,Monday through Friday), if such transmission is immediately followed by any of the other methods for giving notice. For communication purposes the contact information for the Parties is as follows: Ashley Squyres Meridian Development Corporation 104 E.Fairview#239 Meridian,ID 83642 208-830-7786 Email:—meridiandevelopmentcorp@gmail.com John McGraw Director of Development River Cadis Development,LLC 1038 Trowbridge Road East Lansing,Michigan 48823 Email:jmcgraw@rivercaddis.com Bruce Freckleton City of Meridian 33 E.Broadway Ave Meridian,ID 83642 Email:bfreckleton@meridiancity.org [SIGNATURES ON FOLLOWING PAGE] MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT 42358753.10 PAGE 2 OF 8 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the date first noted above. MERI AN DEVELOPMENT CORPORATION: By: Dave Winder, Chairman Attest: S ve Vlassek, Secretary CITY OF MERIDIAN: C 4 -I (gL(� 3`A rA'('*�` �`l SFAI. Robert E. Sim son, Mayor 4-12-2022 Attest: Chri Johnso ,'� - Clerk 4-12-2022 MERIDIAN CADDIS,LLC �1ie' By: Kevin T. McGraw, 4-15-22 MEMORANDUM OF AGREEMENT 2022 RFP Civic BLOCK PROJECT PAGE 3 OF 8 42358753.10 Item#6. EXHIBIT A Civic Block Project Development Contingencies MDC and the City recommend approval of the Respondent's proposal with the contingencies cited below, which will be incorporated into the Definitive Agreements as applicable. It is important to note that the OPA will place all of the risk on the Respondent as to whether the tax increment generated by the Project will be sufficient to cover the reimbursable costs of the Project and corresponding improvements. If the required contingencies are not met, the Project will not move forward, and the City and MDC will not have expended any funds. • The final Project must address the Guiding Principles and Basis for Selection criteria outlined in the RFP and incorporated herein by this reference. To the extent that the list set forth below contains additional requirements beyond what is specified in the RFP, the more specific requirements shall prevail. Specifically: a. Preferred projects should feature a mixed-use development with active street level uses that will bring visitors to the area, service downtown residents and workers, and contribute to the vitality of Downtown Meridian. b. The Project should"substantially conform with the vision, goals, and objectives of Destination Downtown, the Meridian Revitalization and Union District Plans, and the Comprehensive Plan for the City of Meridian." c. Economic benefits include...broadening and enhancing the economic base of the downtown, stimulating new growth and other private development and investment,tax revenue generated, increased property values, long term economic opportunities, employment and job creation, and attraction of visitors and residents to support downtown businesses. d. Preferred projects will include outdoor spaces that encourage public gathering. e. Respondent timelines and cost breakdowns should include all visioning, community outreach and engagement, design,Ada County Highway District ("ACHD") approvals, and construction for East 2nd Street improvements." Preferred projects are "encouraged to capitalize on"the enhanced streetscapes and pedestrian-friendly downtown corridor on East 2nd Street"and create pedestrian connections to the proposed project. f. Regarding the public alley vacation, the proposed project must include one-way vehicular access from East 2nd Street. Respondent will obtain the approval for the location of the one- way vehicular access from the adjoining landowners (unBound and COMPASSNRT). MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT PAGE 4 OF 8 42358753.10 Page 58 Item#6. g. Prior to the execution of the Definitive Agreements, Respondent shall provide City and MDC representatives with an opportunity to meet with Respondent's proposed financing provider to discuss and verify the Respondent's financial ability and financing plan to complete the project in a timely manner and verify the liquidity and net worth of the guarantor entity. • Respondent should begin stakeholder outreach and engagement as soon as practical. Public notification should include all property owners,residents, and businesses within 500 feet of the Project site. A minimum of three public meetings are expected. • Prior to City's execution of the City/MDC Purchase Agreement, City must be satisfied with the Project elements, including but not limited to the mix of uses on the site, number of parking spaces dedicated to the Project and to the public,public gathering spaces, general site plan and renderings showing height and mass of the Project, and the Festival Street. The above infonnation will be included in the OPA as attachments describing the Project and the OPA will state that any substantial change to these items will require the approval of MDC. The OPA will also require that the Respondent consult with the City prior to requesting any substantial changes to the above attachments and that MDC will consider the input from the City in regard to the proposed substantial changes. • To ensure that the Respondent actually closes on the Property in accordance with the terns of this Agreement and the MDC/Respondent Purchase Agreement, the City shall not be required to close under the City/MDC Purchase Agreement until the MDC shall have entered into the MDC/Respondent Purchase Agreement in accordance with the terms hereof and the Respondent shall have satisfied or waived all of its contingencies and conditions to closing thereunder. • Due to the substantial costs that Respondent will incur in connection with the negotiation of the Definitive Agreements, due diligence investigations of the Project site and the design,planning, financing and obtaining approvals for the Project, including without limitation the planning and approvals required in connection with the relocation of the Hunter Lateral (as discussed below) (collectively, the "Pre-Closing Expenses"),it is agreed by City and MDC that (1) the City/MDC Purchase Agreement, after execution by such parties, shall not be terminable by either the City or MDC for any reason other than the Financing Condition(as defined herein), or a default by Respondent under the MDC/Respondent Purchase Agreement beyond all applicable notice and cure periods set forth therein; and(ii) Respondent shall be named as an express and intended third-party beneficiary of the City/MDC Purchase Agreement, such that if the City fails to close the transaction contemplated by the City/MDC Purchase Agreement, Respondent shall be permitted to either seek the remedy of specific performance to ensure that both the City and MDC perform their respective obligations under the City/MDC Purchase Agreement or Respondent shall be permitted to seek damages against the City equal to Respondent's Pre-Closing Expenses. The MDC/Respondent MEMORANDUM OF AGREEMENT 2022 RFP Civic BLOCK PROJECT PAGE 5 OF 8 42358753.10 Page 59 Item#6. Purchase Agreement shall also permit Respondent the remedy of specific performance to ensure that the MDC performs its obligations under the MDC/Respondent Purchase Agreement and to recover its Pre-Closing Expenses from MDC in the event of a default by MDC under either the MDC/Respondent Purchase Agreement or the City/MDC Purchase Agreement. • The MDC/Respondent Purchase Agreement shall contain the following contingencies benefiting Respondent: (a) all site conditions, including without limitation, soils, geotechnical and environmental conditions shall be acceptable to Respondent; (b)all matters of title and survey shall be acceptable to Respondent; (c) Respondent shall have determined that the Project is economically feasible in Respondent's sole discretion, including without limitation the costs associated with the relocation of the Hunter Lateral and Respondent's ability to recover such costs under the OPA; (d) Respondent shall have received such approvals as are deemed by Respondent as necessary for the development and construction of the Project; (e) Respondent shall have obtained financing commitments and such other incentives as are deemed necessary for the Project by Respondent, all of which shall be on terms and conditions that are acceptable to Respondent; and(f) MDC shall have acquired the City property from the City pursuant to the terms of the City/MDC Purchase Agreement. Other than the Respondent's costs and expenses incurred in connection with the potential relocation of the Hunter Lateral, which shall include without limitation the cost of all investigations, feasibility studies,plans, applications and approvals procured or prepared by Respondent in connection with such relocation (the "Lateral Relocation Expenses"), which shall be reimbursed by the City as provided in this MOA, if the Respondent decides not to proceed with the Project based upon the foregoing contingencies, then the Respondent shall bear all of its costs, expenses and fees related to the Project and MDC shall have no obligation to reimburse Respondent in any manner. The Respondent/MDC Purchase Agreement shall also provide that if Respondent waives all contingencies and thereafter defaults in its obligation to purchase the Property(after all applicable notice and cure periods as may be set forth in the Respondent/MDC Purchase Agreement), then MDC may terminate the Respondent/MDC Purchase Agreement and recover from Respondent all of MDC's actual, out of pocket attorney fees associated with the transactions contemplated hereunder. • If the Definitive Agreements are entered into in accordance with the terms of this Agreement and the Respondent thereafter incurs Lateral Relocation Expenses but does not ultimately proceed with the Project for any reason other than the Respondent's default under a Definitive Agreement(including without limitation a failure of a contingency under the MDC/Respondent Purchase Agreement or a failure to perform by the City or MDC under the City/MDC Purchase Agreement or the MDC/Respondent Purchase Agreement), then the City shall be responsible for, and hereby agrees to reimburse the Respondent on demand for, all of the Lateral Relocation Expenses incurred by Respondent. Following such reimbursement, MEMORANDUM OF AGREEMENT 2022 RFP Chic BLOCK PROJECT PAGE 6 OF 8 42358753.10 Page 60 Item#6. Respondent shall turn over to the City all plans, studies, applications and other work product procured or prepared by Respondent in connection with the Lateral Relocation Expenses. The City's obligation under this paragraph shall be binding on the City and survive the execution of the Definitive Agreements and any subsequent termination of the Definitive Agreements. • The Purchase Price payable by Respondent for the entire Project property (including both the City property and the MDC property)under the MDC/Respondent Purchase Agreement shall be equal to the current fair market value of the City property, as determined by a licensed,MAI real estate appraiser reasonably acceptable to the City, MDC and Respondent. Specifically, the appraiser shall take into account the current location of the Hunter Lateral on the City property in determining the City property's fair market value. After Closing, it will become necessary to relocate the Hunter Lateral in order to develop and construct the Project. If Respondent proceeds to closing under the MDC/Respondent Purchase Agreement, Respondent will assume responsibility for relocation of the Hunter Lateral from design through construction and acceptance of improvements by Nampa Meridian Irrigation District and ACHD. Actual, audited costs are eligible for TIF reimbursement with the details to set forth in the final OPA. MDC and the City will continue current efforts to coordinate such relocation with relevant entities prior to finalizing the Definitive Agreements. • The MDC/Respondent Purchase Agreement shall also require, as the sole condition to MDC's obligation to perform thereunder, that Respondent provide to MDC,prior to closing, the following: (a) a financing commitment from an established financial institution in order to demonstrate that Respondent has the financial ability and viable plan to complete the Project in a timely manner; and (b) copies of loan documentation between Respondent and its lender that set forth an affirmative obligation for Respondent to substantially complete the Project within a definitive construction schedule (but in no event shall Respondent be required to share its construction budget, operating proforma or other financial documentation) (collectively, the "Financing Condition") • The final Project must include funded, adequate parking. Any off-site parking must be at a specified, approved, alternate location before the Subject Property will be transferred for development. The Parties may negotiate additional public parking. • Respondent shall cover all Project design costs, up to and including without limitation construction documents, for all buildings, site improvements, parking, and required public infrastructure improvements. • Audited, verified costs of reimbursable public improvements would be eligible for tax increment financing("TIF")reimbursement, with the details to be set forth in the final OPA. • Project funding for reimbursable public improvements will be based on a TIF performance-based reimbursement model. Reimbursement will be made upon successful completion of the Project and reimbursable public MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROTECT PAGE 7 OF 8 42358753.10 Page 61 Item#6. improvements and only from an agreed upon portion of the tax increment dollars received by MDC from the subject property. • Respondent agrees that its proposal will remain valid for sufficient time to allow for entitlement approvals and execution of the Definitive Agreements. • The OPA shall contain liquidated damages provisions whereby if Respondent fails to construct the Project in accordance with the requirements of the OPA, subject to force majeure and applicable notice and cure periods set forth therein, MDC shall be permitted to recover from Respondent liquidated damages for Respondent's failure to perform. The liquidated damages recoverable by MDC shall be equal to $25,000/month($835.00/day) for each delay day as to key milestone dates for the commencement and completion of the Project(which shall be more particularly set forth in the OPA);provided, however, the cumulative liquidated damages payable by Respondent under the OPA shall in no event exceed the Purchase Price paid by Respondent for the Property. The OPA will provide that these liquidated damages are to be waived by MDC in the event that Respondent has shown to MDC's reasonable satisfaction that it has made good faith progress toward achieving such key milestone dates for the commencement and completion of the Project and/or if any such delays were for reasons beyond the reasonable control of Respondent. In no event shall any type of liquidated damages exceed the fair market value of the MDC property. MEMORANDUM OF AGREEMENT 2022 RFP Civic BLOCK PROJECT PAGE 8 OF 8 42358753.10 Page 62 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (this "Agreement"), is made and entered into effective as of the 20th day of July, 2022 (the "Effective Date"), by and between Meridian Caddis, LLC, a Michigan limited liability company(the"Purchaser"),and the Meridian Development Corporation,an urban renewal agency organized under the laws of the State of Idaho("Seller"). Purchaser and Seller may also be referred to individually and collectively as "Party"and"Parties"herein. RECITALS: WHEREAS, the City of Meridian and the Seller selected a proposal to redevelop portions of downtown Meridian, commonly known as the Civic Block property (the "Project"), including approximately one-point-two (1.2) acres located at 201, 223, 231 and 237 East Idaho Ave, and 226, 234, and 242 East Broadway Ave,City of Meridian,State of Idaho,being more particularly described on Exhibit A attached hereto and incorporated by reference herein, and which shall be further and more particularly described by the Survey(defined herein) (the"Real Estate"); WHEREAS,the Seller has acquired a portion of the Real Estate from the City of Meridian pursuant to that certain Real Estate Purchase Agreement between the City of Meridian and Seller relating to the Real Estate (the"City/MDC Purchase Agreement"), and, independent from that certain acquisition under the City/MDC Purchase Agreement, Seller owned, and continues to own, all additional portions of the Real Estate described above; WHEREAS, Seller desires to sell the Real Estate and all improvements, if any, located thereon to Purchaser for the purposes in furtherance of the Project and Seller's mission to stimulate redevelopment and expand the City of Meridian's downtown into a thriving area that provides opportunities in which to live,work and play; and WHEREAS, the Purchaser desires to purchase the Real Estate and all improvements, if any, located thereon in furtherance of the Project. NOW,THEREFORE,in consideration of the promises,covenants,representations and warranties set forth in this Agreement, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,Purchaser and Seller agree as set forth below. AGREEMENT: IN CONSIDERATION of the mutual covenants and agreements herein contained and of the benefits to be derived herefrom,receipt whereof is hereby acknowledged,Seller and Purchaser hereby agree as follows: 1. Offer. Purchaser hereby offers and agrees to purchase the Real Estate, together with the improvements thereon and all right,title,and interest of Seller in and to: (a)any land lying in or under any body of water or the bed of any street or road, open or proposed, adjacent to such tract; (b) all easements appurtenant to the foregoing tract; (c)all oil,gas,sulphur and other minerals(whether similar or dissimilar) in, on, under and that may be produced from such tract; (d) all strips or gores, if any, between such tract and adjoining properties; and(e) all other rights,privileges and appurtenances in any way related to or for the benefit of the foregoing tract(collectively,the"Property"). 42292168.4 2. Acceptance. Seller hereby accepts the said offer of the Purchaser. Such offer and acceptance are subject to and in accordance with the terms and conditions hereinafter set forth. 3. Purchase Price. The purchase price for the Property is Three Hundred Thirty-Five Thousand and 00/100 Dollars ($335,000) (the "Purchase Price"). The Purchase Price shall be paid as follows: A. Deposit. Within ten (10) business days after the Effective Date, Purchaser shall deposit in escrow with First American Title and Escrow Company,whose address is 2150 S. Bonito Way, Suite 100, Meridian, ID 83642, Attn: Ruth Rubel ("Escrow Agent"), an earnest money deposit in the amount of Thirty Thousand and 00/100 Dollars ($30,000.00) (the "Deposit"), which shall become non- refundable if Purchaser fails to terminate this Agreement prior to the expiration of the Due Diligence Period in accordance with Section 7.B(iii) hereof. The Deposit shall be invested by Escrow Agent in an interest bearing account as Purchaser shall direct,so long as it is deposited in an account of a federally insured bank or savings and loan association. All interest accruing on the Deposit shall be paid to Purchaser. If the sale of the Property is consummated pursuant to the terms of this Agreement,the Deposit shall be paid to Seller and applied to the payment of the Purchase Price,or it shall be returned to Purchaser,at Purchaser's election. B. Balance. The balance of the Purchase Price or the Purchase Price, as applicable, shall be paid,plus or minus closing prorations and adjustments as contemplated herein, in wire transferred funds to Seller at Closing(as defined herein). 4. Evidence of Title. A. Title Commitment. As evidence of title, Seller shall obtain and provide to Purchaser within ten(10)days of the Effective Date,a Commitment for an ALTA Standard Owner's policy of title insurance for the Property in the amount of the total Purchase Price (the "Commitment"), which Commitment shall be issued by Escrow Agent with First American Title Insurance Company as the underwriter under the policy to be issued("Title Company"),the same to bear an effective date later than the date hereof,wherein the Title Company shall agree to insure the title in the condition required hereunder and as marketable title subject only to those encumbrances to which Purchaser has not objected or if objected to which Purchaser has waived in writing. Seller shall, at the time of Closing, cause the Title Company to issue to Purchaser an owner's policy of title insurance pursuant to said Commitment(the"Title Policy"). The Title Policy shall include a tax parcel endorsement insuring that the Property is its own separate tax parcel(s)and such other endorsements as Purchaser may request. The cost of the Commitment and Title Policy excluding all endorsements thereto shall be paid for by Seller. The cost of the aforementioned endorsements required by the Purchaser shall be paid by the Purchaser. The Title Policy to be issued to Purchaser at Closing shall be free of all mechanic's lien exceptions, and Seller shall be responsible for taking such actions as may be required including,without limitation,providing an indemnity to the Title Company to insure that the Title Policy is issued without any mechanic's lien exceptions. B. Survey. Purchaser may obtain a current ALTA land title survey of the Real Estate (the "Updated Survey"), at Purchaser's sole expense. If the Survey or Updated Survey disclose any deviation in the legal description for the Property with what is shown by the Commitment,the Commitment shall be revised to include the surveyed description of the Property as an additional insured parcel and such surveyed description shall be included, along with the historical description, in the warranty deed to be delivered to Purchaser at Closing. C. Objections. Purchaser shall give Seller written notice on or before the expiration of the Due Diligence Period (as defined herein), of any condition of title as set forth in the Commitment and/or matters disclosed by the Survey or Updated Survey that is not satisfactory to Purchaser in Purchaser's 2 sole discretion (the "Title Review Period"). Any title exceptions which are set forth in the Commitment and/or matters disclosed by the Survey or Updated Survey to which Purchaser does not object within the Title Review Period shall be deemed to be permitted exceptions to the status of Seller's title(the"Permitted Exceptions"). With regard to items to which Purchaser does object("Objections")within the Title Review Period, Seller shall provide Purchaser with notice of Seller's election to either cure or not cure the Objections within ten (10) days after the receipt of Purchaser's Objections (the "Seller's Response Period"). If Seller fails to provide a written response electing to cure or not cure any of Purchaser's Objections prior to the expiration of the Seller's Response Period, Seller shall be deemed to have elected to cure all such Objections. As to any Objections that Seller elects to cure or is deemed to have elected to cure, Seller shall use its best efforts to cure the Objections on or before the Closing Date(as defined herein). In the event that Seller elects not to cure some or all Objections, then Purchaser may either(i) cancel this Agreement and recover the Deposit; or(ii)proceed to close this sale subject to such Objections which will be deemed waived by Purchaser and considered Permitted Exceptions. In the event that Seller elects or is deemed to have elected to cure any Objections but Seller fails or is unable to cure any such objections on or before the Closing Date, then Purchaser may, in its sole and absolute discretion elect to: (i) terminate this Agreement and recover the Deposit and any expenses permitted under Section 16.13 of this Agreement; (ii)waive such Objections and proceed to Closing; or(iii)cure such Objections on its own accord in which case any amounts expended therefor shall be credited against the Purchase Price payable by Purchaser. Notwithstanding the foregoing, Seller shall cure or satisfy all objections which are liens, judgments and assessments on the Property and remove from the public records any mortgage, security interest or other monetary encumbrance affecting or encumbering the Property and which can be satisfied by monetary payment otherwise at or prior to Closing, and failing the same, Purchaser shall be entitled to pay for and release such items and any amounts expended therefor shall be credited against the Purchase Price. In addition, with respect to any exception(s) first appearing on the Commitment and/or Survey or any update thereto after the effective date of the Commitment and/or Survey delivered to Purchaser pursuant to this Section, such as additional exception(s), shall not be deemed to be a"Permitted Exception"hereunder unless and until Purchaser has reviewed same and approved same in writing. Seller shall remove all encumbrances that are placed on the Property by Seller after the Effective Date. 5. Possession. Exclusive possession of the Property shall be delivered to Purchaser at the time of Closing. 6. Representations,Warranties and Covenants. A. Seller: Seller represents and warrants unto Purchaser, as of the date hereof and as of the date of Closing, as follows: (i) If the purchase and sale of the portion of the Property owned by the City transfers that city owned portion of the Property to Seller,then Seller, as to its portion of the Property, has and,as to the entire Property,will convey good and indefeasible market title to the Property,free and clear of any liens or encumbrances except for the Permitted Exceptions. Seller has full right, power and authority to enter into this Agreement and to consummate the sale contemplated hereby without the joinder of any other person,and the party(ies)signing on behalf of Seller has been duly authorized to sign on behalf of Seller. The execution of this Agreement has been duly authorized and no other action, consent, or approval of Seller or any other person or entity is necessary. This Agreement has been duly executed and delivered by Seller, and this Agreement is a valid and binding obligation of Seller,enforceable against it in accordance with its terms. (ii) To the best of Seller's knowledge,Seller has not received notice of claims, lawsuits,condemnation proceedings,administrative proceedings or environmental investigations which are 3 either pending or threatened affecting the Property or Seller's ability to convey the same and has not received any notices of special assessments, charges or other obligations affecting the Property. (iii) Except as disclosed to Purchaser in writing or acknowledged herein, there are no parties in possession of any portion of the Property as lessees, licensees or tenants at sufferance and there are no other occupancy agreements or other contracts,written or oral, express or implied,with respect to the Property. Seller and Purchaser acknowledge that a portion of the Real Estate, including improvements, is currently used by the City of Meridian in the ordinary course of its business, and that such use will continue until Closing and shall not constitute a breach of this section nor any other provision of this Agreement. Buyer agrees that if it will not be commencing construction on the portion of the Property containing the community center within thirty(30)days after Closing then immediately after Closing it will enter into a standard month to month lease with the City of Meridian for said property which includes a thirty(30)day termination clause. This lease is to enable the City to continue its normal use of the portion of the Property containing the community center until Buyer needs to occupy and commence construction work on that portion of the Property. (iv) Seller is not a "foreign person" as defined in §1445(f)(3) of the Internal Revenue Code; Seller shall so certify at Closing. (v) To the best of Seller's knowledge, there are no pending or threatened violations of any applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the Property. (vi) To the best of Seller's knowledge, there is no hazardous material, substance or waste, whether liquid, solid, gaseous or otherwise, located in, upon, under or adjacent to the Property or any ground or surface waters or water courses thereon or thereunder, and the Property and any adjacent properties are not now nor were they previously used for storage, disposal, manufacture, generation,whether as a by-product or otherwise, of any hazardous or toxic substance; (vii) Seller has full power and authority to enter into this Agreement and complete the Transaction. (viii) Upon Seller's execution of this Agreement,this Agreement will be binding and enforceable against Seller in accordance with its terms, and upon Seller's execution of the additional documents contemplated by this Agreement,they will be binding and enforceable against Seller in accordance with their terms. B. Purchaser: Purchaser represents and warrants unto Seller,as of the date hereof and as of the date of Closing, as follows: (i) Purchaser has full power and authority to enter into this Agreement and complete the Transaction. (ii) Upon Purchaser's execution of this Agreement,this Agreement will be binding and enforceable against Purchaser in accordance with its terms, and upon Purchaser's execution of the additional documents contemplated by this Agreement,they will be binding and enforceable against Purchaser in accordance with their terms. 4 (iii) Purchaser has been or will be permitted access to the Real Estate and will have actually inspected the Property prior to Closing. Purchaser's consummation of the purchase and sale of the Real Estate is based upon such inspection and not on any representations or warranties of Seller other than those contained in this Agreement or other written documents entered into with the Seller and Purchaser as parties or contemplated by and described in this Agreement. (iv) Other than those contained in this Agreement, other written documents entered into with the Seller and Purchaser as parties or contemplated by and described in this Agreement, Purchaser hereby acknowledges that neither Seller nor any person acting on behalf of Seller has made any oral representation,warranty, guaranty or promise concerning the Real Estate. C. Mutual: (i) Seller and Purchaser warrant, each to the other,that they have not dealt with any broker,realtor or finder in connection with the purchase and sale of the Real Estate. If at any time either Party determines that any of the representations and warranties set forth above are incorrect or untrue or in the event that a Party fails to perform any of the covenants contained in this Agreement, then, in such event, and notwithstanding anything contained herein to the contrary, the compliant non-defaulting Party shall have the right to terminate this Agreement upon written notice and opportunity to cure to the defaulting Party under Section 16. If the defaulting Party is the Seller, then the Deposit shall be returned to Purchaser in addition to any other rights or remedies available to the Parties. If the defaulting Party is the Purchaser,then the Seller shall retain the Deposit. These rights are not exclusive but are in addition to any other rights and remedies available to the Parties as provided in this Agreement. Further,each of Parties representations and warranties contained in this Section 6 shall be true and correct upon the execution of this Agreement and shall be deemed to be remade on and as of the Closing Date. 7. Conditions Precedent to Obligations of Purchaser. The obligation of Purchaser to close on the transaction contemplated herein shall be conditioned upon each of the following conditions precedent: A. Title and Survey. Satisfaction of the title and survey conditions of Section 4 hereof including,without limitation,Purchaser's receipt and approval of the Updated Survey. B. Due Diligence. (i) Purchaser is satisfied with the condition of the Property on or before the expiration of the Due Diligence Period as defined below. Purchaser and its agents shall have a period commencing on the Effective Date and expiring at 5:00 p.m. Eastern Time one hundred eighty(180) days following the Effective Date(the"Initial Due Diligence Period")in which to inspect the Property and all aspects pertaining to the Property and Purchaser's proposed construction thereon of the Project,review the Due Diligence Information(as herein defined) and the Commitment,procure various municipal approvals, and otherwise conduct the Inspections (as herein defined) contemplated in this Agreement and satisfying the other conditions set forth in this Section 7. Access to the Property shall be freely granted to Purchaser and/or Purchaser's agents, representatives, employees, and independent contractors at all times to conduct such studies and inspections. Such inspections shall be paid for by the Purchaser and shall be scheduled in cooperation with Seller so as to avoid any unreasonable interference with Seller's operations on the Real Estate. Without limiting the generality of the foregoing, Purchaser's inspections (the "Inspections") may include,but shall not be limited to: (a) confirming that sanitary sewer service of adequate capacity and depth by gravity flow is located contiguous to the Property and that all necessary licenses and permits will 5 be available or, if not contiguous, can be made available to the Property under terms and conditions acceptable to Purchaser; (b) confirming that a water main of adequate size, pressure and capacity to serve the proposed development is located contiguous to the Property and that permission will be granted by appropriate authorities to connect to and use the same, or if a water main is not contiguous, one can be made available on terms and conditions acceptable to Purchaser; (c) confirming that electric, gas and communications technologies with adequate capacities are located contiguous to the Property and available to Purchaser, or if not available or contiguous, such utilities can be made available to the Property on terms and conditions acceptable to Purchaser; (d) confirming that the soil and ground water conditions of the Property are acceptable to Purchaser; (e) confirming that the environmental condition of the Property is acceptable to Purchaser, including but not limited to a Phase I and Phase 11 environmental study and a wetland delineation study; (f) confirming that the Property shall have full,free and uninterrupted access to and from all streets and rights of way adjacent to the Property; (g) confirming that the market conditions will allow for an economically viable development on the Property and,in all other respects,the development of the Property will be feasible as determined by Purchaser, including without limitation the relocation of the Hunter Lateral; and (h) obtaining all necessary governmental, quasi-governmental and third party final approvals needed to develop the Property and permit the use of the Property for the Project, including, by way of example and not limitation, a special use permit, all necessary plat approvals, site plan approvals, subdivision mapping, platting, vacations, dedications, zoning and rezoning, parking, surface water management permits, drainage permits, demolition permits, building permits, and any and all other permits, consents and final approvals and authorizations necessary to develop, construct and utilize the Property for the Project(collectively, "Approvals"). All Approvals shall be final, with all time for further appeal being expired, with no appeal being then pending, no appeal instituted and no petition filed. Seller hereby authorizes Purchaser to begin proper proceedings to obtain any necessary change of the existing zoning classification and to secure all such other Approvals as Purchaser deems necessary or appropriate to permit Purchaser's intended use. (ii) The Due Diligence Period shall automatically extend for three(3)periods of sixty (60) days each (each, an "Extension Option" and collectively, the "Extension Options") at the end of the then-current Due Diligence Period, unless the Purchaser delivers written notice to Seller on or before the expiration of the then-current Due Diligence Period that the current Due Diligence Period shall not be extended in which case the Due Diligence Period shall not be extended. The "Due Diligence Period",as used herein, shall mean the Initial Due Diligence Period as it may be extended by one or more Extension Options. (iii) Termination during the Due Diligence Period. If Purchaser is not satisfied in its sole and exclusive discretion with the results of the Inspections, or for any reason whatsoever, or if Purchaser has not obtained the Approvals prior to the expiration of the Due Diligence Period on terms and 6 conditions acceptable to Purchaser in its sole and exclusive discretion, then Purchaser may rescind this transaction and terminate this Agreement by mailing written notice to Seller at any time on or prior to the expiration date of the Due Diligence Period and shall thereupon receive a refund of the Deposit and be relieved of any and all liability hereunder. Purchaser shall have no obligation to notify Seller of any reasons for such rescission. Purchaser and Seller hereby acknowledge that,pursuant to that certain Memorandum of Agreement between Purchaser, Seller and the City of Meridian, dated April 12, 2022, the City of Meridian has agreed to reimburse Purchaser for all of the Lateral Relocation Expenses incurred by Purchaser under certain circumstances as more specifically set forth therein. If the Agreement is terminated by Purchaser and the Deposit returned to Purchaser pursuant to this Subsection(iii).then both parties shall be relieved of any and all obligations and liabilities hereunder under this Agreement except Purchaser shall be entitled to payment of Pre-Closing Expenses including Lateral Relocation Expenses as described in Section 16 which requirement survives the termination of this Agreement, and/or other obligations and liabilities in the Agreement to survive termination. (iv) Due Diligence Information. Within ten(10) days following the Effective Date, Seller shall provide Purchaser with copies of each of the due diligence materials identified on Exhibit "B" attached hereto if they are in Seller's possession or control. In the event Purchaser exercises its right to terminate this Agreement under Section 7.13(iii) above, upon Seller's request, Purchaser shall return to Seller copies of any due diligence materials provided to Purchaser by Seller. C. Material Adverse Changes. There shall be no material changes in the physical or economic condition of the Property from the date hereof to the date of Closing. D. Representations and Warranties. All of Seller's representations, warranties and agreements contained herein shall be true and correct as of the date hereof and on the date of Closing,which Seller shall certify to at Closing, and Seller shall not have, on the date of Closing, failed to meet, comply with, or perform, any condition or agreement on its part to be performed under the terms and conditions contained herein. E. Closing Deliveries. Purchaser shall have received drafts of all of Seller's Closing deliveries not later than five(5)days prior to the scheduled Closing Date. F. Incentives. During the Due Diligence Period Purchaser intends to secure commitments for such public infrastructure and/or urban renewal district incentives from the City of Meridian, the County of Ada, the State of Idaho, and/or all other governmental or quasi-governmental entities having jurisdiction(collectively,the"Incentives")as Purchaser deems necessary or appropriate to support its construction and development of the Project. If Purchaser is unable to obtain commitments for Incentives on terms and conditions that are acceptable to Purchaser during the Due Diligence Period, then Purchaser may, but will not be obligated to, terminate this Agreement by giving written notice thereof to Seller prior to the expiration of the Due Diligence Period,and if so terminated,the Deposit shall be promptly delivered to Purchaser, and Purchaser and Seller shall have no further obligations or liabilities hereunder except for those that expressly survive the termination of this Agreement. G. MDC's Ownership of Real Estate. Seller has acquired the Real Estate from the City pursuant to the terms of the City/MDC Purchase Agreement and holds title to the Property in accordance with Section 6.A above. H. Owner Participation Agreement. At or prior to the Closing Date, Purchaser and Seller shall have entered into an Owner Participation Agreement governing, among other things, Purchaser's obligation to construct certain public improvements as a part of the Project,together with terms for the reimbursement of Purchaser for certain reimbursable costs associated with the construction of such 7 public improvements(the"OPA"). If Purchaser and Seller are unable to mutually agree on the OPA prior to the Closing Date after exercising good faith and commercially reasonable efforts,then either Party may, but will not be obligated to, terminate this Agreement by giving written notice thereof to the other Party prior to the Closing Date, and if so terminated, the Deposit shall be promptly delivered to Purchaser, and Purchaser and Seller shall have no further obligations or liabilities hereunder except for those that expressly survive the termination of this Agreement. I. Financing. Purchaser has obtained financing on terms satisfactory to Purchaser in its sole discretion and which meets Seller's Financing Condition described below. 8. Condition Precedent to Obligations of Seller. The obligation of Seller to close on the transaction contemplated herein shall be conditioned upon the following condition precedent: A. As the sole condition to Seller's obligation to perform hereunder, Purchaser shall provide to Seller,prior to closing,the following: (i) a financing commitment from an established financial institution in order to demonstrate that Purchaser has the financial ability and viable plan to complete the Project in a timely manner; and(ii) copies of loan documentation between Purchaser and its lender that set forth an affirmative obligation for Purchaser to substantially complete the Project within a definitive construction schedule(but in no event shall Purchaser be required to share its construction budget,operating proforma or other financial documentation)(collectively,the"Financing Condition"). 9. Closing. Purchaser and Seller shall close this transaction(the "Closing") on the date (the "Closing Date") which is forty-five (45) days following the expiration of the Due Diligence Period(as it may be extended hereunder) or on such earlier date as may be mutually agreeable to Purchaser and Seller. In the event that as of such Closing Date, all conditions precedent applicable until Closing have not been satisfied,then Purchaser shall have the right to notify Seller that it is terminating this Agreement, in which event the Deposit shall be returned to Purchaser in full termination of this Agreement, except with respect to those provisions which expressly survive the termination hereof. Closing shall take place via escrow or at the office of the Title Company or such other place as the parties may mutually agree. 10. Seller's Obligations at Closing. At or prior to the Closing, the following documents relating to the Property,in form and substance satisfactory to Purchaser,shall be executed and delivered by Seller to the Title Company: A. A warranty deed (the "Deed") executed by Seller conveying the Property to Purchaser subject to no exceptions other than the Permitted Exceptions. B. An affidavit of Seller certifying that Seller is not a"foreign person,"as defined in the federal Foreign Investment in Real Property Tax Act of 1980, and the 1984 Tax Reform Act, as amended. C. If elected and paid for by Purchaser as applicable,an owner's affidavit as required by the Title Company to remove or insure over the standard exceptions to the Title Policy as well as any "gap coverage". D. A closing statement and all other documents and instruments that either Seller's or Purchaser's attorney or the Title Company may reasonably require to properly consummate the transaction contemplated by this Agreement. 11. Purchaser's Obligation at Closing. At Closing, Purchaser shall deliver to Title Company the following: 8 A. The Purchase Price by cash, cashier's or bank check or wire transfer of immediately available funds. B. A closing statement and all other documents and instruments that either Seller's or Purchaser's attorney or the Title Company may reasonably require to properly consummate the transaction contemplated by this Agreement. 12. Closing Adjustments. The following shall be apportioned against sums due Seller at Closing: A. All real and personal property taxes and special assessments of whatever nature and kind which have become due and payable or are delinquent as of the date of Closing shall be paid and discharged by Seller. All taxes for periods prior to Closing shall be prorated at Closing. B. Seller shall pay for the Title Company's fees and the premium for the ALTA Standard Title Policy in the amount of the Purchase Price. Any other costs and fees for extended or other coverages or endorsements are to be paid by Purchaser. C. Purchaser and Seller shall split, on a fifty/fifty (50150) basis, any escrow fees/closing fees charged by the Escrow Agent. D. Each party shall pay their own respective attorneys' fees. 13. Duration of Offer. This offer may be revoked by Purchaser at any time prior to acceptance hereof by Seller. 14. Condemnation. In the event that notice of any action, suit or proceeding shall be given prior to the Closing Date for the purpose of condemning any part of the Property,then Purchaser shall have the right to terminate its obligations hereunder within fifteen (15) days after receiving notice of such condemnation proceeding, and upon such termination, the Deposit shall be refunded to Purchaser in full termination of this Agreement, and the proceeds resulting from such condemnation shall be paid to Seller. In the event Purchaser shall not elect to terminate its obligations hereunder and proceeds to Closing, then the proceeds of such condemnation shall be assigned and belong to Purchaser at Closing. 15. Cooperation. The Parties will cooperate regarding the Purchaser's development of the Property in conformance with the MOA and OPA and Seller hereby consents to and authorizes Purchaser to obtain all such conforming development items from all applicable governmental bodies in order to develop the Property as provided in the OPA and MOA. Upon request by Purchaser, Seller shall execute such consents as may be necessary to develop the Real Estate in accordance with the OPA and MOA as soon as reasonably practicable following said request. 16. Default and Remedies. A. Purchaser's Default; Seller's Remedy. If Purchaser fails to terminate this Agreement as permitted herein and thereafter fails to close on the purchase of the Property, or in the event any representation or warranty made by Purchaser pursuant to this Agreement is materially untrue when made and provided that the Seller is not otherwise in material default of this Agreement,after written notice to Purchaser and thirty (30) days for Purchaser to cure and Purchaser fails to cure, then Seller shall be entitled to, as liquidated damages and Seller's sole and exclusive remedy: the greater of(i)the full amount of the Deposit; or(ii) an amount equal to all of MDC's actual, out of pocket attorney fees associated with the transaction contemplated under this Agreement and the City/MDC Purchase Agreement. Upon payment 9 to Seller of such amount,this Agreement and all rights and obligations of the parties shall terminate. The parties agree that it would be impracticable and extremely difficult to ascertain the actual damages suffered by Seller as a result of Purchaser's failure to complete the purchase of the Property and that under the circumstances existing as of the date of this Agreement,the liquidated damages provided for in this Section represents a reasonable estimate of the damages which Seller will incur as a result of such failure. The parties acknowledge that the payment of such liquidated damages is not intended as a forfeiture or penalty but is intended to constitute liquidated damages to Seller. B. Seller's Default;Purchaser's Remedies. In the event Seller fails to timely perform any material act under this Agreement or the City/MDC Purchase Agreement, or provide any material document or information required to be provided by Seller under this Agreement, or in the event any representation or warranty made by Seller pursuant to this Agreement is untrue when made, then after written notice to Seller and thirty (30) days to cure and Seller fails to cure, Purchaser shall be entitled to either(i)terminate this Agreement, demand a refund of the Deposit and seek Purchaser's actual damages, including but not limited to Pre-Closing Expenses from Seller except for the Lateral Relocation Expenses (which are to be reimbursed by the City and not Seller);or(ii)seek specific performance of this Agreement and the City/MDC Purchase Agreement,and seek Purchaser's actual damages,including but not limited to Pre-Closing Expenses except for the Lateral Relocation Expenses(which are to be reimbursed by the City and not the Seller). For the avoidance of doubt but subject to the terms of this Agreement,the terms"Pre- Closing Expenses" and"Lateral Relocation Expenses" shall have the meanings ascribed to them in the Memorandum of Agreement between Purchaser, Seller and the City of Meridian, dated April 12,2022. C. Attorneys' Fees. The prevailing party in any legal proceeding brought under or with relation to this Agreement or transaction shall be entitled to recover court costs,reasonable attorneys' fees and all other litigation expenses from the non-prevailing party. 17. Covenants. A. Seller's Covenants. During the term of this Agreement, Seller warrants and covenants that it shall not,without Purchaser's written consent not to be unreasonably withheld: (i) grant, convey or enter into, any easement, lease, license or other legal or beneficial interest in or to the Property; or (ii) enter into any contract, service contract, option agreement to transfer, convey or encumber the Property or any portion thereof, or(iii) exercise any right to terminate, other than for Purchaser's default under Section 16A., amend, modify, or waive any of Seller's rights under the City/MDC Purchase Agreement, without Purchaser's prior written consent. Seller further warrants that, upon receipt of any knowledge or notice of any threatened or pending(a)condemnation; (b)action in lieu of condemnation; (c) zoning change; (d) assessment; (e) lien; (f) claim; (g) encumbrance; or(h) similar matter that may affect the Property, its operation, or development, Seller shall promptly notify Purchaser thereof. After the Effective Date and until the earlier of the termination of this Agreement or the Closing,Seller shall continue to operate and maintain the Property in the same manner as prior to the Effective Date. After the Effective Date and until the earlier of the termination of this Agreement or the Closing, Seller shall suspend all activities utilized by Seller to market the Property for sale other than in connection with the transaction contemplated by this Agreement and shall not enter into any agreement with any other person or entity for the sale or lease of the Property. B. Purchaser's Covenants. During the term of this Agreement, Purchaser warrants and covenants that it shall not, without Seller's written consent not to be unreasonably withheld grant, convey or enter into an agreement to transfer or assign any of its rights and/or obligations under the MOA, or OPA; except that Purchaser shall be permitted to assign or transfer any of its rights and/or obligations under the MOA or OPA, in whole or in part,without Seller's consent, to an entity in which Purchaser or any of its principals are an owner or manager. 10 C. Mutual Covenant. Purchaser and Seller agree that the Property is to be transferred to Purchaser for development purposes as outlined in the OPA. The Parties further covenant that the OPA will include certain rights of reverter,allowing the Seller to repurchase and retake possession of the Property if Purchaser fails to meet certain obligations, conditions or milestones under the OPA. The repurchase of the Property shall be consummated through the Escrow Agent, at a time determined by Seller no later than ninety (90) days after the delivery of Seller's notice that it intends to exercise its repurchase rights. The repurchase price shall be the original Three Hundred Thirty-Five Thousand and 00/100 Dollars($335,000) and shall be payable in cash or other immediately available funds. Title to the Property shall be conveyed by warranty deed, and any mortgage or monetary liens, including any potential mechanics liens or other liens outstanding on the Property shall be discharged by Purchaser prior to closing under this Seller's repurchase provision. Taxes shall be prorated prior to closing. Escrow and Closing fees will be split equally between Buyer and Seller. 18. Broker. Seller and Purchaser do hereby certify, represent and warrant, each to the other, that they have not engaged, enlisted, employed or otherwise made use of any other real estate broker or sales person in connection with this sale. To the extent permitted by Idaho Law,Purchaser and Seller shall indemnify, defend and hold each other and their respective successors and assigns, harmless with respect to any claim of any real estate broker or sales person claiming a commission and/or damages through or under the indemnifying party in connection with this transaction, including,without limitation,reasonable attorneys' fees, court costs and legal expenses. 19. Governing Law. The validity, enforceability, interpretation of this Agreement shall be construed under and in accordance with the laws of the State of Idaho. 20. Bindin Effect.ffect. This Agreement shall bind the parties hereto, their respective heirs and assigns. Purchaser may freely assign its interest hereunder. 21. Notices. Any notices, demands or requests required or permitted to be given hereunder must be in writing and shall be deemed to be given (i) when hand delivered; or (ii) one (1) business day after delivery to FedEx or similar overnight service for next business day delivery;or(iii)three(3)business days after deposit in the U.S. mail first class postage prepaid; or(iv)when sent by facsimile or electronic (pdf) transmission during normal business hours (i.e., 8:00 a.m. to 6:00 p.m., Monday through Friday), if such transmission is immediately followed by any of the other methods for giving notice. In all cases notices shall be addressed to the parties at their respective addresses as follows: If to Seller: With a Copes Meridian Development Corporation Todd Lakey Ashley Squyres Borton-Lakey Law 104 E. Fairview Ave. #239 141 E. Carlton Ave. Meridian, ID 83642 Meridian,ID 83642 Telephone: 208-477-1632 Telephone: 208-908-4415 Fax: Fax:208-493-4610 E-Mail: meridiandevelopmentcorp.com E-mail: todd@borton-lakey.com If to Purchaser: With a Copy to: River Caddis Development,LLC Honigman LLP 1038 Trowbridge Road 650 Trade Center Way, Suite 200 East Lansing,Michigan 48823 Kalamazoo,Michigan 49002 Attn: Kevin McGraw Attn: Steven J. Rypma 11 Telephone: (517) 703-2132 Telephone: (269)337-7842 E-Mail: kmgraw@rivercaddis.com Fax: (269) 337-7843 E-mail: srypma@honigman.com 22. Recording of Memorandum. Purchaser may record a memorandum or affidavit of interest setting forth the existence of this Agreement with the Ada County Recorder's Office or such other office where such document would be recorded. 23. Time for Performance. In the event the last date for performance of any obligation or for giving any notice hereunder falls on a Saturday, Sunday or legal holiday of the state wherein the Real Estate is located, then the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday in such state. Time shall be of the essence for purposes of this transaction. 24. Entire Agreement. This Agreement embodies the entire agreement between the parties relative to the subject matter of this Agreement, and there are no oral or written agreements between the parties or any representations made by either party relative to the subject matter of this Agreement which are not expressly set forth herein. This Agreement may be amended only by a written instrument executed by the parties hereto. 25. Headings. The captions and headings used in this Agreement are for convenience only and do not in any way limit, amplify, or otherwise modify the provisions of this Agreement. 26. Assignment. The Parties may assign any and/or all of its rights and obligations under this Agreement to any person or entity only upon mutual written agreement of the parties, which agreement shall not be unreasonably withheld, except that Purchaser may assign this Agreement, without Seller's consent to an entity in which Purchaser or any of its principals are an owner or manager. Following such assignment and Seller's receipt of written acceptance of said assignment,Purchaser shall be forever released and discharged from any and all obligations under this Agreement and Purchaser's assignee shall be entitled and subject to all rights and obligations set forth in this Agreement. This Agreement is binding upon and inures to the benefit of the Parties to this Agreement and their respective permitted successors and assigns. 27. Severability. If any term or provision of this Agreement shall,to any extent,be held invalid or unenforceable,the remaining terms and provisions of this Agreement shall not be affected thereby, but each remaining term and provision shall be valid and enforced to the fullest extent permitted by law. 28. Counterparts. This Agreement may be executed in one or more counterpart copies, all of which together shall constitute and be deemed an original,but all of which together shall constitute one and the same instrument binding on all parties. This Agreement may be executed in telecopy (faxed) copies and electronic(e-mail)copies and facsimile and electronic signatures shall be binding upon the parties. 29. No Third-Party Beneficiary.No term or provision of this Agreement or the exhibits to this Agreement are intended to be, nor may any term or provision be construed to be, for the benefit of any person, firm, corporation or other entity not a party to this Agreement (including, without limitation, any broker), and no other person, firm, corporation or entity has any right or cause of action under this Agreement. 30. Waiver. The waiver by any Party to this Agreement of any right granted to it under this Agreement is not a waiver of any other right granted under this Agreement,nor may any waiver be deemed to be a waiver of a subsequent right obtained by reason of the continuation of any matter previously waived. 12 [Remainder of page intentionally left blank; signature page follows.] 13 i IN WITNESS WHEREOF,Purchaser has executed this Agreement on the date signed by Purchaser shown below and Seller has accepted same on the last date signed by Seller shown below. PURCHASER: Meridia Cadd' , LLC By: M Name: Kevin T.McGraw Its: President Date signed by Purchaser. .July 20 2022 SELLER: By: Name:T AV e IN 1ry"Q CW- Its: U W'l lZIlN A-H Date signed by Seller: �'J ,2022 EXHIBITS: Exhibit"A" Legal Description of Real Property Exhibit"B" Property Information 14 EXHIBIT A LEGAL DESCRIPTION OF THE REAL PROPERTY [to be attached] Owner:City of Meridian ' Address: 201 E.Idaho Parcel: R5672000856eAiA Size:0.33 acres - Address: 223 E.Idaho Parcel: R7596000080 Size:0.16 acres " Address: 231 E. Idaho Parcel: R7596000075 _ Size:0.08 acres Address: 237 E. Idaho Parcel: R7596000065 Size:0.16 acres i — s - 1 Owner:Meridian Development Corporation Address: 226 E.Broadway Parcel: R7596000092 ' Size:0.54 acres r _ s t�'c3lPCPT C oft 15 EXHIBIT B PROPERTY INFORMATION Seller shall make reasonable efforts to obtain the below documents from the City in its purchase of the Property, and to determine whether it is otherwise in possession of documents identified in this Exhibit B. 1. Copies of all reciprocal easement agreements, operating easement agreements, declarations and party wall agreements, and all other covenants and restrictions encumbering the Property which are,to Seller's knowledge, in the possession of Seller. 2. Copies of existing title polices with all exception documents which are, to Seller's knowledge, in the possession of Seller. 3. Copies of existing surveys, including the most current ALTA survey which are, to Seller's knowledge, in the possession of Seller. 4. Copies of existing environmental reports including Phase I ESA's and/or Phase 11 ESA's; copies of existing geotechnical reports and soil testing reports and analyses which are, to Seller's knowledge, in the possession of Seller. 5. Copies of all permits and approvals from state or local government agencies, including site plan approvals, water, sewer, DOT or other road jurisdiction which are, to Seller's knowledge, in the possession of Seller. 6. Copies of the current and past three(3)years of property tax bills. 7. Copies of all leases, licenses, and occupancy agreements, including all amendments, extensions, modifications, and supplements thereto, pursuant to which any party uses or occupies any part of the Property which are, to Seller's knowledge, in the possession of Seller. 16 REAL ESTATE PURCHASE AGREEMENT BETWEEN CITY OF MERIDIAN AND THE MERIDIAN DEVELOPMENT CORPORATION CIVIC BLOCK PROPERTIES THIS PURCHASE AND SALE AGREEMENT (this "Agreement"), is entered into and made effective on June 7th, 2022 (the "Effective Date"), by and between the City of Meridian, an Idaho Municipal Corporation, whose address is 33 E. Broadway Ave, Meridian, ID 83642 (herein the "Seller" or "CITY"), and Meridian Development Corporation, and whose address is 104 E. Fairview Ave #239, Meridian, ID 83642, (herein the "Buyer" or"MDC"). WHEREAS. CITY and MDC have selected a proposal to redevelop portions of downtown Meridian, including the Property as defined below (the "Proposal"); and, WHEREAS, the Proposal includes a provision that MDC would acquire the Property frorn CITY and then transfer the Property to Meridian Caddis, LLC, ("Meridian Caddis") pursuant to a purchase and sale agreement between Meridian Caddis and MDC, and an Owner Participation Agreement ("OPA") for purposes in furtherance of its mission to stimulate and expand Downtown Meridian into a thriving area that provides opportunities in which to live, work, and play; and, WHEREAS,when it is determined by the City Council to be in the City's best interest,the Council may by Ordinance duly enacted,authorize the transfer or conveyance of real property to any tax supported governmental entity with or without compensation; and, WHEREAS, City Council is satisfied that the Project elements as proposed by the third party developer will be a benefit to the community, that the third party developer has the resources and experience to complete the Project in a timely manner, and that the transfer of the Property is in the best interest of the City; and, WHEREAS, a public hearing was held at the regular meeting of the Meridian City Council on JUNE 7, 2022 and at the conclusion of said hearing, the City Council approved Ordinance 22-1981 authorizing the conveyance subject to certain terrns and conditions; and, WHEREAS, CITY wishes to sell the following described Property to MDC and MDC desires to purchase the Property under the terns and conditions set forth in this Agreement. NOW,THEREFORE,in consideration of the promises,covenants,representations,and warranties set forth in this Agreement, and for other valuable consideration,the receipt and sufficiency of which are hereby acknowledged, CITY (Seller) and MDC (Buyer) agree as set forth below. Real Estate Purchase Agreement Page I lfem#7. 1. Definitions.The following terns have the following meanings when used in this Agreement: "Agreement". This Purchase and Sale Agreement, including all exhibits attached to this Agreement. "Business Day". A day other than a Saturday, Sunday, or any federal holiday. "Closing". The consummation of the Transaction, as evidenced by the delivery of all required fiinds and documents to Escrow Agent and the disbursement or delivery of such funds and documents by Escrow Agent in accordance with this Agreement and any other consistent instructions. "Closing Date". Closing of this transaction shall occur at a date agreed to by the parties, and simultaneous with the Closing set forth in the Purchase Agreement to be entered into by and between Meridian Caddis and MDC. "Effective Date". The date this Agreement is signed by all parties. "Escrow". The escrow to be created in accordance with this Agreement. "Escrow Agent". First American Title and Escrow Company, whose address is 2150 S. Bonito Way, Suite 100, Meridian, ID 83642, Attn: Ruth Rubel. "Property". The land commonly known as "The Civic Block City Parcels" or "Community Center and Centennial Park", Meridian, Idaho and more particularly identified as Ada County Parcel #R5672000856, 201 E Idaho; Parcel#R7596000080, 223 E. Idaho; Parcel#R7596000075, 231 E. Idaho; and Parcel#R7596000065, 237 E. Idaho and Legally Described as: Lots 5 and 10, and the North 90 feet of Lot 6, 7 and 8, and the East 8.5 feet of the South 30 feet of Lot 6,All in Block 6 of the Amended Plat of the ORIGINAL TOWNSITE OF MERIDIAN, as shown on the plat thereof, filed in Book 1 of Plats at Page 30,records of Ada County, Idaho. AND Lots 1, 2, 3, 4 and 5 in Block 2 of the Amended Plat of ROWAN ADDITION TO MERIDIAN, according to the plat thereof, filed in book 2 of Plats at Page 52,records of Ada County, Idaho. "Purchase Price". The total purchase price to be paid by Buyer for the Property, as set forth in Section 3 of this Agreement. "Transaction". The purchase and sale of the Property contemplated by this Agreement. Real Estate Purchase Agreement Page 2 Page 212 Item#7. 2. Definitive Agreement for Purchase and Sale of Property. Upon full execution,this Agreement will be a binding agreement between Buyer and Seller for the purchase and sale of the Property on the terms, conditions and provisions set forth in this Agreement. This Agreement supersedes all other written or oral agreements between Buyer and Seller concerning the Transaction. If Buyer and Seller execute any separate escrow instructions with respect to the Transaction on Escrow Agent's form, as may be modified by Buyer and/or Seller in the sole discretion of each, and if there is any conflict or inconsistency between any provision of such escrow instructions and any provision of this Agreement, the provision of this Agreement will control. 3. Purchase Price and Method of Payment. The Purchase Price shall be $335,000.00 to be paid in full at Closing. 4. Title Commitment. Within three (3) days from the date this Agreement is signed by all parties, Escrow Agent shall issue and deliver to Buyer and Seller a commitment for title insurance with respect to the Property disclosing all matters of record and other matters of which Escrow Agent has knowledge which relate to the title to the Property, detailing Escrow Agent's requirements for closing the Escrow, committing to issue to Buyer an ALTA Standard Owner's Policy of Title Insurance with respect to the Property, and providing legible copies of all instruments referred to in the report (collectively, the "Commitment"). Buyer has ten (10) days after the Effective Date or after receipt of the Commitment, whichever occurs later,to review and to object in writing to any easements, liens, encumbrances or other exceptions or requirements in the Commitment(the "Title Objections"). If Buyer does not approve the Commitment or object within the time specified,then the condition of title to the Property reflected on the Commitment will be deemed approved. If the Title Objections are made within the time specified, Seller may,but shall not be required to,attempt to eliminate the matters covered by the Title Objections by or before the Closing Date. If Seller is unable or unwilling, in their sole discretion, to eliminate the matters covered by the Title Objections by or before the Closing Date upon terms acceptable to Buyer, Seller shall so notify Buyer, and Buyer may either waive the Title Objections that Seller was unable or unwilling to eliminate or terminate this Agreement. 4.1 Amendments to Title Commitment. If the Commitment is amended by Escrow Agent, Escrow Agent shall immediately deliver to Buyer and Seller the amendment and provide legible copies of all additional instruments referred to in the amendment (collectively, the "Amendment"). Buyer has five (5)days from the date of Buyer's receipt of the Amendment or through the Closing Date,whichever occurs earlier, to review and to object in writing to any easements, liens, encumbrances, or other exceptions or requirements in the Amendment which were not disclosed by the Commitment or a previous Amendment ("Additional Title Objections"). If Buyer does not approve the Amendment or object within the time specified, then the condition of title to the Property reflected on the Amendment will be deemed approved. If the Additional Title Objections are made within the time specified, Seller may attempt to eliminate the matters covered by the Additional Title Objections by or before the Closing Date. If Seller is unable or unwilling to eliminate the Real Estate Purchase Agreement Page 3 Page 213 Item#7. matters covered by the Additional Title Objections by or before the Closing Date upon terms acceptable to Buyer, Seller shall so notify Buyer, and Buyer may either waive the Additional Title Objections that Seller was unable or unwilling to eliminate or terminate this Agreement. 4.2 Title Insurance Policy.At Closing,Escrow Agent shall commit to issue to and in favor of Buyer or its assigns a Standard Owner's Policy of Title Insurance with respect to the Property in the amount of the Purchase Price, insuring fee simple title to the Property in Buyer effective on the Closing Date, subject to the standard exclusions and exceptions in such form of policy and subject to the Permitted Exceptions (the "Title Policy"). 4.3 Inspection and Seller's Property Disclosure Statement. Buyer has one hundred eighty (180) days after the Effective Date("Inspection Review Period"),together with any Extension Options as defined below, to inspect the Property and to conduct, review and approve any investigations, tests, analyses or studies deemed necessary by Buyer to determine the condition and feasibility of the Property for Buyer's purpose (the "Inspection Review"). The Inspection Review Period will automatically extend for three(3)periods of sixty(60)days each(each,an"Extension Option"and collectively,the"Extension Options")at the end of the then-current Inspection Review Period,unless the Buyer delivers written notice to Seller on or before the expiration of the then-current Inspection Review Period that the current period shall not be extended in which case the Inspection Review Period shall not be extended. Seller hereby grants to Buyer and Meridian Caddis and their agents, employees, and contractors a nonexclusive right and license to enter upon the Property after giving reasonable advance notice to Seller to conduct the Inspection. Upon completion of the Inspection Review, Buyer shall restore the Property to its condition existing immediately prior to the Inspection Review. Buyer and Meridian Caddis shall each indemnify and hold Seller harmless from any loss incurred by Seller resulting from damage to the Property caused by the Inspection Review. If for any reason Buyer determines that the Property is not in a suitable condition or not feasible for Buyer's purpose, Buyer may terminate this Agreement within the Inspection Review Period and in such event any Earnest Money Deposit paid shall be returned to Buyer and this Agreement shall be terminated. If Buyer does not either approve or disapprove the Inspection Review, or otherwise tenninate this Agreement prior to the expiration of the Inspection Review Period, then the Inspection Review will be deemed approved and any Earnest Money Deposit shall be non-refundable to Buyer, subject only to Seller's default under this Agreement. 5. Closing. 5.1 Time and Place. Closing will take place in the offices of Escrow Agent on the Closing Date (defined above) or on such date as may be mutually agreed to by the Parties to coordinate a simultaneous closing of the Purchase Agreement between Meridian Caddis and MDC. 5.2 Seller's Closing Deliveries.At Closing, Seller shall deliver to Escrow Agent: 5.2.1 A Warranty Deed fully executed and properly acknowledged by Seller, conveying the Property to Buyer, free and clear of any mortgages or deeds of trust. 5.2.2 As a prerequisite to Seller's delivery of the Warranty Deed, Buyer must have provided sufficient proof to Seller that Buyer has entered into a Purchase and Sale Agreement for the I Real Estate Purchase Agreement Page 4 Page 214 Item#7. Property with the third party developer identified in the Proposal, and that all of the contingencies and conditions under that agreement have been satisfied or waived. 5.3 Buyer's Closing Deliveries. At Closing, Buyer shall deliver to Escrow Agent: 5.3.1 Payment in full for the Purchase Price. 5.4 Closing Costs. Buyer shall pay the premium for the standard owner's Title Policy. Buyer will pay the additional premiums required for any extended coverage or endorsements requested by Buyer. Escrow and Closing fees will be split equally between Buyer and Seller. All costs associated with the Transaction must be borne by the parties in accordance with custom in Ada County, Idaho, as determined by Escrow Agent,unless otherwise specified in this Agreement. 5.5 Possession. Buyer will be entitled to possession of the Property on the Closing Date. 5.6 Right to Repurchase. Buyer intends to sell or transfer the Property to a third party for development purposes as outlined in the premises to this Agreement. Buyer may also enter into a Development Agreement or OPA with the third-party developer which may include certain rights of reverter. In the event that Buyer exercises or benefits from its right of reverter and retakes possession of the Property, Seller may exercise its option to repurchase the Property by delivering written notice of such intent within 90 days of Buyer retaking possession of the Property. If Seller exercises its repurchase rights as set forth herein,the price for such repurchase shall be the same purchase price as set forth in Section 3 of this Agreement. The repurchase of the Property shall be consummated through the Escrow Agent, at a time determined by Seller no later than 90 days after the delivery of Seller's notice that it intends to exercise its repurchase rights. The repurchase price shall be payable in cash or other immediately available funds. Title to the Property shall be conveyed by warranty deed, and any mortgage or liens, including any potential mechanics liens or other liens outstanding on the Property shall be discharged by Buyer prior to closing under this Seller's repurchase provision. Taxes shall be prorated prior to closing. Escrow and Closing fees will be split equally between Buyer and Seller. 6. Seller's Representations and Warranties. Seller represents and warrants to Buyer that: 6.1 Authority. Seller has full power and authority to enter into this Agreement and complete the Transaction. 6.2 Binding Agreement. Upon Seller's execution of this Agreement, this Agreement will be binding and enforceable against Seller in accordance with its terms, and upon Seller's execution of the additional documents contemplated by this Agreement,they will be binding and enforceable against Seller in accordance with their teens. 6.3 Title. Seller has fee title to the Property.Seller represents that Seller owns the property free and clear of any mortgages or deeds of trust. 6.4 No Violations.Seller has not received notice of any violation with regard to any applicable law, regulation, ordinance, requirement, covenant, condition or restriction relating to the present use, Real Estate Purchase Agreement Page 5 Page 215 Item#7. occupancy or condition of the Property from any person, authority or agency having jurisdiction over the Property. 6.5 Compliance with Law; Municipal Ordinances. Seller has not received any notices of violation of any law, regulation, condition of permit or license, order, ordinance, or any requirement noted in or issued by any federal, state, or local department having jurisdiction over or affecting Property which has not been corrected, resolved, or withdrawn, and to the knowledge of Seller, the Property is in compliance with all applicable federal, state, and local laws and regulations in all material respects. 7. Buyer's Representations and Warranties. Buyer represents and warrants to Seller that: 7.1 Authority. Buyer has full power and authority to enter into this Agreement and complete the Transaction. 7.2 Binding Agreement. Upon Buyer's execution of this Agreement, this Agreement will be binding and enforceable against Buyer in accordance with its terms, and upon Buyer's execution of the additional documents contemplated by this Agreement,they will be binding and enforceable against Buyer in accordance with their terms. 7.3 Investigation of Property.Buyer has been or will be permitted access to the Property and will have actually inspected the Property prior to Closing. Buyer's consummation of the Transaction is based upon such inspection and not on any representations or warranties of Seller. 7.4 No Oral Representations. Buyer hereby acknowledges that neither Seller nor any person acting on behalf of Seller has made any representation, warranty, guaranty or promise concerning the Property,whether oral or written. 8. Broker's Commission. Seller and Buyer warrant, each to the other, that they have not dealt with any broker, realtor or finder in connection with the Transaction. 9. Risk of Loss. The risk of loss will be upon Seller until Closing. In the event of any material loss or damage to or condemnation of the Property prior to Closing, Buyer may terminate this Agreement. If Buyer waives any material loss or damage to or condemnation of the Property and proceeds to consummate this Transaction,or in the event of an immaterial loss,damage or condemnation, Seller shall, at Closing and as a condition precedent to Closing, pay to Buyer the amount of any insurance or condemnation proceeds attributable to the Property which have been received by Seller and assign to Buyer as of Closing all rights or claims to proceeds payable thereafter. 10. Remedies. 10.1 If Seller fails to perform any of Seller's obligations under this Agreement and that failure continues for five (5) days after Seller's receipt of written notice from Buyer, Buyer may, as Buyer's sole remedy for Seller's failure,either: (i)terminate this Agreement in accordance with Section 11, or(ii)bring an appropriate action for specific performance of this Agreement. I Real Estate Purchase Agreement Page 6 Page 216 Item#7. 10.2 If Buyer fails to perform any of Buyer's obligations under this Agreement and that failure continues for five (5) days after Buyer's receipt of written notice from Seller, Seller may, as Seller's sole remedy for Buyer's failure bring an appropriate action for specific performance of this Agreement. 10.3 If the Purchase and Sale Agreement between Meridian Caddis and Buyer is terminated due to Meridian Caddis' (i) failure to meet the Financing Condition as defined in the Purchase and Sale Agreement between Meridian Caddis and Buyer; or(ii)default, as declared by Buyer under the Purchase and Sale Agreement between Meridian Caddis, beyond all applicable notice and cure periods, Buyer or Seller may, as its sole remedy, terminate this Agreement in accordance with Section 11. Seller hereby acknowledges and agrees that the termination right set forth in this Section 10.3 represents its sole and exclusive right to terminate this Agreement. 11. Termination. If Buyer or Seller elects to terminate this Agreement as provided under this Agreement,the terminating party shall give written notice of the termination to the other party and Escrow Agent. Upon termination by a party as provided in this Agreement, Escrow Agent shall return all documents deposited in the Escrow to the Seller. Upon delivery of such documents, this Agreement and the Escrow will be deemed terminated, and except as provided in this Agreement neither party will have any further liability or obligation under this Agreement. 12. Attorneys' Fees. If there is any litigation or other action taken by any party to enforce or interpret any provisions of or rights arising under this Agreement, the defaulting party shall pay to the other party all costs and expenses, including but not limited to reasonable attorney fees and costs, which the other party may incur in enforcing this Agreement or in pursuing any remedy allowed by law, whether such is incurred by the filing of suit or otherwise. 13. Omitted. 14. Escrow Cancellation Charges. If the Escrow fails to close because of Buyer's default,Buyer will be liable for any escrow and title commitment cancellation charges by Escrow Agent. If the Escrow fails to close because of Seller's default, Seller will be liable for any such cancellation charges by Escrow Agent. If the Escrow fails to close through no fault of either Seller or Buyer,any such cancellation charges by Escrow Agent shall be divided equally between Seller and Buyer. 15. Additional Acts. The parties agree to execute promptly all other documents and perform all other acts as may be reasonably necessary to carry out the purpose and intent of this Agreement. 16. Business Days.If this Agreement requires any act to be done or action to be taken on a date which is not a Business Day,that act or action will be deemed to have been validly done or taken if done or taken on the next succeeding Business Day. 17. Waiver.The waiver by any party to this Agreement of any right granted to it under this Agreement is not a waiver of any other right granted under this Agreement, nor may any waiver be deemed to be a waiver of a subsequent right obtained by reason of the continuation of any matter previously waived. Real Estate Purchase Agreement Page 7 Page 217 Item#7. 18. Survival. All of the covenants, agreements, representations and warranties set forth in this Agreement survive Closing, and do not merge into any deed, assignment or other instrument executed or delivered under this Agreement. 19. Counterparts/Facsimile. This Agreement may be executed in counterparts, each of which is deemed an original but all of which constitute one and the same instrument. The signature pages may be detached from each counterpart and combined into one instrument. This Agreement may be signed and delivered by facsimile which shall be effective as an original. 20. Successors and Assigns. This Agreement is binding upon and inures to the benefit of the parties to this Agreement and their respective successors and assigns. 21. Entire Agreement.This Agreement sets forth the entire understanding of the parties with respect to the matters set forth in this Agreement as of the Effective Date; it supersedes all prior oral or written agreements of the parties as to the matters set forth in this Agreement; and it cannot be altered or amended except by an instrument in writing, signed by Buyer and Seller. 22. Construction. This Agreement is the result of negotiations between the parties, neither of whom has acted under any duress or compulsion, whether legal, economic or otherwise. Accordingly, the terms and provisions of this Agreement must be construed in accordance with their usual and customary meanings. Seller and Buyer hereby waive the application of any rule of law which otherwise would be applicable in connection with the construction of this Agreement that ambiguous or conflicting terms or provisions should be construed against the party who (or whose attorney) prepared the executed Agreement or any earlier draft of this Agreement. 23. Headings. The headings in this Agreement are for reference only and do not limit or define the meaning of any provision of this Agreement. 24. Third-Party Beneficiary. Except as set forth herein, no term or provision of this Agreement or the exhibits to this Agreement is intended to be,nor may any term or provision be construed to be, for the benefit of any person, firm, corporation or other entity not a party to this Agreement (including, without limitation, any broker), and no other person, firm, corporation or entity has any right or cause of action under this Agreement. Meridian Caddis, LLC is hereby named as an express and intended third-party beneficiary of this Purchase Agreement, such that if the Seller fails to close the transaction contemplated by this Agreement, Meridian Caddis, LLC shall be permitted to either seek the remedy of specific performance to ensure that both the Seller and Buyer perform their respective obligations under this Agreement or Meridian Caddis,LLC shall be permitted to seek damages against the Seller equal to Meridian Caddis, LLC's Pre-Closing Expenses (including,without limitation,the Lateral Relocation Expenses),as set forth in the April 12,2022 Memorandum of Agreement between Meridian Caddis,LLC, Seller,and Buyer. 25. Severability.If any provision of this Agreement or any portion of any provision of this Agreement is determined to be invalid, illegal or unenforceable, the invalidity, illegality or unenforceability may not alter the remaining portion of such provision, or any other provision of this Agreement, as each provision of this Agreement is deemed severable from all other provisions of this Agreement. Real Estate Purchase Agreement Page 8 Page 218 Item#7. 26. Time of Essence. Time is of the essence in the performance of this Agreement. 27. Governing Law.This Agreement is governed by,and construed and enforced in accordance with, the laws of the State of Idaho. IN WITNESS WHEREOF,the parties have executed this Agreement to be effective as of the date first written above. SELLER: CITY OF MERIDIAN Ro ert E. imi on, Mayor 6-7-2022 A t, Ch s son, City Clerk 6-7-2022 BUYER: MERIDIAN DEVELOPMENT CORPORATION By: Real Estate Purchase Agreement Page 9 Page 219 26. Time of Essence. Time is of the essence in the performance of this Agreement. 27. Governing Law.This Agreement is governed by,and construed and enforced in accordance with, the laws of the State of Idaho. IN WITNESS WHEREOF,the parties have executed this Agreement to be effective as of the date first ATittcn above. SELLER: CITY OF MERIDIAN Robert E.Sim ison,Mayor 11-15-2022 Attest,City Clerk 11-15-2022 BUYER: MER IAN DEVELOPMENT CORPORATION By: Real Estate Purchase Agreement Page 9 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Community Development: Analysis of Housing Code C� E IDIAN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Caleb Hood, Community Development Meeting Date: November 15, 2022 Presenter: Caleb Hood Estimated Time: 30 Minutes Topic: Attainable Housing Recommended Council Action: Receive update and give Staff further direction to improve housing mix and attainability. Background: In April, Staff presented Council with several tools that could be explored by City Staff with the goal of improving housing attainability. On November 15th, Staff will provide Council with an update including a list of housing-related codes Staff is proposing to amend. These changes are primarily related to codes in the Unified Development Code (UDC)(zoning and subdivision ordinance) and the entitlement process and policies,with potential minor changes to other sections of City Code. This discussion does not include what a housing program, funding mechanisms or partnerships with for- profit developers and/or non-profit organizations could look like. There is more and more local, state and federal data and case studies available on this topic; it is ever-evolving. Earlier this year, an Urban Land Institute (ULI) Technical Assistance Panel produced a report with findings and recommendations for addressing the housing affordability challenges in Boise (https://knowledge.uli.org/-/media/files/technical-assistance-panels/2022/boise-at-a- crossroads- report.pdPrev=48fb99a78f9d49dbb9cc367b7924a68a&hash=4AA5D169EOA5A882C99EOD23B55 A61A9) Further, in July, COMPASS produced a Missing Middle Housing Typology Guidebook for the region. The COMPASS review process and the guidebook produced recommendations regarding ideal dwelling form and scale, densities and lot sizes, parking requirements and setbacks, among others. Even more recently,AARP,with the help of WGI, prepared a code audit of the UDC. They identified code sections that could be improved, focusing on affordable housing, missing middle housing and cluster development. These reports, and previous Council direction,were considered as Staff prepared the request below; the below does not include all recommendations from those efforts. Request: Staff is requesting additional feedback on the proposed next-steps in the attached table. The table includes a list of identified tools (code/policy) that Staff is proposing be amended, expanded or otherwise created. The table is set up into 3 sections. The first section includes changes Staff would move forward with relatively quickly. The second section will take more collaboration and time. And the third section includes changes that are longer term. Each effort includes coordination, but some of the changes are more complex and likely more controversial than others. As most of the changes are related to UDC Planning Staff intends to largely rely on the UDC Task Force (list of current members attached.) Code/Standard/ Summary Notes/Thoughts Staff Recommendation Policy Tier 1-Immediate Accessory or Secondary The City's UDC(Title 11- Allowing an additional dwelling unit on a lot is Move forward with additional changes to 11-4-3- Dwelling Units(ADUs) 4-3-12)allows a probably the most popular tool used by cities 12(amended in August to allow bigger units and secondary dwelling unit currently to combat the housing crunch. multiple bedrooms). (aka—guesthouse, granny flat,tiny house, Many CCR's may restrict these types of dwelling Need direction from Council and the Community carriage house, units. about parking requirements,setbacks,size caretaker unit,etc.)on limits,and owner-occupied requirement. the same property as a If an ADU is attached,could be as beneficial single-family dwelling. without much of the regulation(addition vs.new Could potentially allow"lot split"to encourage dwelling). more use and homeownership.Would require variations(or rezones)to standard dimensional standards in most cases. Small Houses The City has a minimum Fairly straight-forward change to remove Amend UDC Chapter 2 to remove minimum house size in the R-2 minimum dwelling size in all zones. house size requirements. (1,500 sf)and R-4 (1,400 sf)zoning Review construction and Building Code districts.Smaller requirements that may drive the cost to construct structures could reduce higher in residential zones and explore the overall costs to opportunities to limit that barrier by local construct a dwelling. amendment. Development Fee Reduction or waiver of If impact fees are not paid by a developer/builder, There is current Code(MCC 10-7-8)that exempts Waivers or Credits or fees typically charged to they would need to be paid by someone. affordable housing projects from police,fire and Deferrals develop.Could be parks impact fees.Could expand to other fees(eg planning,development Need to better understand what"hard"and"soft" —application and/or development review).Need review,inspection costs could be waived,credited or delayed.(Even to work with Legal and Finance(primarily)on a and/or impact fees. just delaying the collection may be an incentive to proposal for fees that could otherwise be offset develop specific dwelling types and price points.) for certain types of projects(need to define or reinforce that"affordable",non-market rate To grant may need to be decided on a case-by- projects are the eligible projects(or include other case basis by Council and not a"by right"in code. eligibility requirements)). Tier 2—Mid-term "Tiny"Homes Related,but different The term varies and means different things to Staff does not believe that the answer for than the ADU,Small different people.Most people equate a tiny home Meridian is to allow RV's to serve as dwellings on House and Missing to a small unit on wheels. residentially-zoned lots.However,there may be Middle standards, an opportunity to allow tiny home sub- definitions for City Code requires all dwellings(except communities or pods on lots/blocks within "dwelling"and manufactured/mobile homes)to be constructed existing or proposed developments. "recreational vehicle" on a foundation and connected to municipal limit what services. Need to review and maybe amend/add dwelling/vehicles definitions for dwelling,RV,tiny homes,etc.and people can live out of in how these units should be addressed R-zones. (constructed/parked)in Meridian. Density Bonuses and/or Allow additional This is a relatively common practice in other Explore how this may work with the UDC Focus Transfer of Development dwelling units for communities outside Idaho. Group.Expand group to invite other developers Rights projects that set-aside to share insight and how this works(or doesn't) housing for low- Would need to be a volunteer program,couldn't in other places. moderate income require a set-aside. families(or other groups like the elderly Is density enough(or even a good)incentive to or veterans). obtain non-market-rate housing? Density bonuses and TDRs could be addressed in a revised PUD Ordinance(see below.) Missing Middle Housing Meridian has essentially The City's Planned Unit Development(PUD) Develop changes to the UDC,likely in the PUD (duplex,tri-plex, two dominant housing ordinance is outdated.A PUD may be a way to get section,that allow and even promote more fourplex,cottage types:single-family more variety in housing stock throughout the City. housing options throughout the City.This will courts/cluster homes) detached(approx.80% need to be done thoughtfully and may dictate a of current housing Open space and amenities as well as other separate subcommittee effort. stock)and multi-family development standards and location(to jobs, (4 or more units on a parks,services,etc.)will be important to factor in A survey or similar outreach to the community single parcel; as we look at where we'd like to see higher- would help determine how best to incorporate approximately 20%.) density infill. missing middle housing in infill situations—both There is a need/market process and standards wise. for other dwelling Many communities have relaxed parking types.Zoning,including requirements and/or open space and/or amenity Review definitions for dwelling types;consider use,setbacks and standards when a developer provides the type(s) including cottages,clusters,etc. parking are limiting of housing desired.Similarly,communities have factors in where many agreed to allow more density,height or less Review schedule of use table for appropriateness can be built. parking when a project proposes to set-aside low- of dwelling types in the various R-zones and income housing units.(See Waivers or Exceptions where cottages,du,tri,quad,and multi-plex's below). may be allowed. (See Tier 3,Residential Zoning below) Waivers or Exceptions Like the City's PUD This is similar to Density Bonuses and Missing Explore and amend the UDC as appropriate to for Affordable Housing process,relief from Middle Housing in this table.A case-by-case relax specific development standards for Projects standard code negotiation would likely occur with each project as affordable dwelling units. requirements like lot standards would be difficult,but maybe not size,parking,height, impossible,to develop via PUD ordinance. frontage,density could be granted in exchange for affordable dwelling units. Tier 3—Longer Term/ Track Residential Zoning Some,typically large, In Meridian,our codes currently prevent some Maintain current standards,but track for future Districts(remove cities have removed "middle"housing types in single-family residential opportunities when/if the community desires. "single"family from dwelling type restriction districts.For example,a tri-plex is currently Not for Meridian,at least right now. some/all districts) from their code. prohibited in the R-4 district(except through a Instead,they often use PUD).Further,a multi-family development a form-based approach requires a Conditional Use Permit in most zones which largely deals with where a MF project can be built,only in the building mass and traditional neighborhood districts are MF projects location on a parcel,not principally permitted.This current process may the density or use. not be ideal for Meridian forever,but allowing multi-family as a principally permitted use in most/all residential districts does not seem to be what our community currently desires. State Code,Emerging As previously discussed, There are other"tools"out there.Housing is going Track and as appropriate support legislation that Trends and there may be to be an ongoing topic and the City needs to stay makes housing more attainable in Meridian and Opportunities additional,future tools involved in the conversation. throughout Idaho. that enable more to be done in Meridian that Stay abreast of what other communities are affects housing doing to positively affect housing and bring attainability and choice. forward Meridian-appropriate solutions. UDC FOCUS GROUP MEMBERS(Does not include City Staff) Annette Alonso Ashley Ford-Squyres Brad Miller Cornel Larson Dave Bailey Dave McKinney Dave Yorgason David Turnbull Jason Densmer Jim Conger Jon Wardle Kent Brown Laren Bailey Steve Vlassek