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2012-07-24~~E IDIAN~.-- CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 24, 2012 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X_ Brad Hoaglun X_ Charlie Rountree X_ Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance Troop 311 Cottonwood Park LDS Ward 3. Community Invocation by Tim Pusey with Valley Shepherd Church of the Nazarene 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of July 3, 2012 City Gouncil Regular Meeting B. Approve Minutes of July 10, 2012 City Council Workshop Meeting C. Approve Minutes of July 17, 2012 City Council Regular Meeting D. Memorandum of Agreement between City of Boise and City of Meridian for Boise's Use of Incident Tracking System Software Created by City of Meridian E. Approval of a Water and Sewer Main Easement for Meridian Town Center F. Approval of Task Order 10356 for "Secondary Effluent Coagulation -- Flocculation Tank Design" to HDR Engineering, Inc. for aNot-To-Exceed amount of $199,106.00 G. Development Agreements (3) for Approval: AZ 11-001 Ten Mile Annexation by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road and Meridian City Council Meeting Agenda -Tuesday, July 24, 2012 Page 1 0# 3 All materials presented at public meetings shall become property of the Cify of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. North of I-84 Request: Annexation and Zoning of 116.25 Acres of Land From RUT in Ada County to C-G Zone I-I. Memorandum of Agreement for Public Art Consulting Services with Meridian Development Corporation for aNot-to-Exceed Amount of $7,000.00 Subrecipient Agreement with Meridian Development Corporation for PY 2011 Community Development Block Grant (CDBG) Funds for aNot-to-Exceed Amount of $40,000.00 J. Recreational Pathway Easement with Meridian CenterCal LLC. 6. Items Moved From Consent Agenda None 7. Action Items A. Adopt FY2012 Amended Budget of $65,815,692.00 Approved B. Adopt Tentative FY2013 Budget of $80,931,407.00 Amend~;rl Title to Read: adopt Tentative FY2013 Budget of $80,908,967.00 Approved C. Close Public Hearing and Comment Period on the Community Development Block Grant {CDBG) Five-Year Consolidated Plan (2012-2016) D. Resolution No. 12-855: Resolution Adopting Five Year Consolidated Plan (2012-2016) for the Community Development Block Grant Program Approved E. Close Public Hearing and Comment Period on the Community Development Block Grant (CDBG) Program Year 2012 Action Plan F. Resolution No. 12-856: Resolution Adopting the Community Development Block Grant Program Year 2012 Action Plan Approved G. FP 12-012 Paramount No. 19 by Brighton Development, Inc. Located West of N. Meridian Road and South of W. Producer Drive Request: Final Plat Consisting of 45 Residential Building Lots and Three (3) Common Lots on 9.51 Acres in an R-8 Zoning District Approved Meridian City Council Meeting Agenda -Tuesday, July 24, 2012 Page 2 of 3 All materials presented at public meefings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related fo documents and/or hearing, please contact the City Clerk's Office of 888-4433 at least 48 hours prior to the public meeting. H. FP 12-013 Paramount No. 20 by Brighton Development, Inc. Located South ofi W. Producer Drive Between N. Wyman Avenue and W. Peck Street Request: Final Plat Consisting of Four (4j Residential Building Lots on 1.34 Acres in an R-8 Zoning District Approved I. Public Hearing: VAC 12-002 Spurwing Grove No. 3 by Brighton Development Located North of W. Greenspire Drive and West of N. Moon Drummer Way Request: Vacate a 5-Foot Wide Irrigation Easement on Lot 13, Block 1 of Spurwing Grove Subdivision No. 3 Approved 8, Future Meeting Topics None 9. Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 (1 j(cj{f): {c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property not Owned by a Public Agency and (f) To Consider and Advise Its Legal Representatives in Pending Litigation 10. Amended onto the Agenda: Agreement with Nampa Meridian Irrigation District {NMID) for King and Williams Construction Project Approved with Conditions Meridian City Council Meeting Agenda -Tuesday, July 24, 2012 Page 3 of 3 All materials presented at public meetings shall became properfy of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing, please contact the City Cleric's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian Citv Council Julv 24, 2012 A meeting of the Meridian City Council was called to order at 7:08 p.m., Tuesday, July 24, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Others Present: Ted Baird, Jaycee Holman, Bruce Chatterton, Bill Parsons, Lori Den Hartog, Clint Dolsby, Jamie Leslie, Perry Palmer, Steve Siddoway and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you for being patient and waiting for us and welcome. This is the regular meeting for City Council. For the record it is Tuesday, July 24th. It's eight minutes after 7:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Well, we are very fortunate to have Troop 311. They are with the Cottonwood Park LDS Ward and I understand that Bruce Broadhead will lead us in the Pledge of Allegiance. If he would like to come forward and instruct us as to what to do. Holman: Madam Mayor, his name is Bryce Broadhead. I have bad handwriting. De Weerd: Sorry. That's how I read. Thank you, Bryce. (Pledge of Allegiance recited.) De Weerd: Bryce, if I could give you a City of Meridian pin for being the brave one to lead us in the pledge today. Thank you so much. I know how straws are drawn or something like that, so -- Item 3: Community Invocation by Tim Pusey with Valley Shepherd Church of _ _ _ the Nazarene _ De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Pusey with the Valley Shepherd of the Nazarene Church. I will invite you all to join us in the community invocation or take this as an opportunity for a moment of reflection. Welcome. Meridian City Council July 24, 2012 Page 2 of 15 Pusey: Let's pray. Heavenly Father, we humble ourselves in these moments before ~ this meeting begins to acknowledge our need for you, our need for you in our lives and our need for you in our community and we thank you for your many many blessings. We thank you, Lord, for the City of Meridian. We thank you for our leaders represented in this room tonight. We thank you for the freedoms that are ours and for those who have served our country and who are serving our country, so that we can enjoy those freedoms and tonight in the quiet and the peace of our community I am reminded of a community in Colorado that has just been torn apart by terrible heartache and we would pause to reflect and call upon you and ask for your peace and your help and strength and comfort for the people of Aurora. And, Father, we pray for your protection for our city. We ask that you watch over our city. We pray for your protection for the poor and the needy and for those who are too young and little to defend themselves. May we be a community that looks after those. And, Father, we would just ask that you would guide us all as we step into the future, as we put yesterday behind us and move into tomorrow. May we do so trusting you to meet our every need and we call upon you because it is to you belongs all the power and the glory for ever and ever, amen. De Weerd: Thank you, Pastor Pusey, for being here. Item 4: Adoption of the Agenda De Weerd: Okay. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor. Couple items to note on the agenda tonight. Under item 7-B, your title Adopt Tentative FY-2013 Budget, that amount should read 80,908,967 dollars. So, a little reduction there. Under 7-D, that resolution number is 12-855. 7-F is resolution number 12-856. And we do need to add an Executive Session at the end of our meeting and that would be an Executive Session under Idaho Code 67-2345(1)(c) and (1)(f). So, with those changes, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of July 3, 2012 City Council Regular Meeting B. Approve Minutes of July 10, 2012 City Council Workshop Meeting C. Approve Minutes of July 17, 2012 City Council Regular Meeting Meridian City Council July 24, 2012 Page 3 of 15 D. Memorandum of Agreement between City of Boise and City of Meridian for Boise's Use of Incident Tracking System Software Created by City of Meridian E. Approval of a Water and Sewer Main Easement for Meridian Town Center F. Approval of Task Order 10356 for "Secondary Effluent Coagulation -Flocculation Tank Design" to HDR Engineering, Inc. for aNot-To-Exceed amount of $199,106.00 G. Development Agreements (3) for Approval: AZ 11-001 Ten Mile Annexation by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road and North of I-84 Request: Annexation and Zoning of 116.25 Acres of Land From RUT in Ada County to C-G Zone H. Memorandum of Agreement for Public Art Consulting Services with Meridian Development Corporation for aNot-to-Exceed Amount of $7,000.00 I. SubrecipientAgreementwith Meridian Development Corporation for PY 2011 Community Development Block Grant (CDBG) Funds for aNot-to-Exceed Amount of $40,000.00 J. Recreational Pathway Easement with Meridian CenterCal LLC. De Weerd: Item 5, our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: No changes on our Consent Agenda. I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Seeing none, Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. t Meridian City Council July 24, 2012 Page 4 of 15 Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. Adopt FY2012 Amended Budget of $65,815,692.00 De Weerd: So, we will move into our Action Items under seven. 7-A is adoption of -- or adopt the FY-2012 amended budget. Any questions? Bird: I have none. Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we adopt the amended budget for fiscal year 2012 for the amount of 65,815,692 dollars. Rountree: Second. De Weerd: I have a motion and a second. Mr. Baird, do we need a resolution to this order? Baird: Madam Mayor, Members of the Council, I have got amemo -- interoffice memo from Todd Lavoie and he's saying the action needed is exactly what you have just heard, a simple motion. No resolution, no ordinance needed at this time. De Weerd: Okey Dokey. I have a motion and a second. Any discussion? .Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Adopt Tentative FY 2013 Budget of $80,931,407.00 De Weerd: Item 7-B is adopting the tentative budget of FY-2013 in the number in front -of-you~nd-we-do~ave-a-date~e# for-publiGhearing-on-this-item-as-weA. - - - Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian Cily Council July 24, 2012 Page 5 of 15 ~' Bird: I would move that we approve the tentative budget for fiscal year 2013 in the amount of 80,908,567 dollars and to send it forward to be published and the final hearing in August 21st or -- De Weerd: 28th. Bird: August -- Holman: I believe it's the 28. Let me look. Bird: Brad? Hoaglun: 21st or the 28th. The 28th? Bird: Is it the 28th? Holman: I can tell you. Hoaglun: I will look on the 21st. Bird: August 28th. Because I know it has to be done by then. Rountree: Second. Holman: The public -- Madam Mayor? De Weerd: Yes. Holman: The public hearing is August 21st and the budget ordinances will be on -- should be approved on the 28th. Bird: Okay. De Weerd: Okay. You may want to add it on our agenda then. Holman: Okay. Bird: The motion shows the 21st and 28th. Public hearing on the 21st. The final ordinance on the 28th. Rountree: I agree. De Weerd: Very good. Is there any further discussion on this item? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council July 24, 2012 Page 6 of 15 ~' De Weerd: All ayes. MOTION CARRIED: ALL AYES. C. Close Public Hearing and Comment Period on the Community Development Block Grant (CDBG) Five-Year Consolidated Plan (2012-2016) De Weerd: Item 7-C is to close the public hearing and comment period on the CDBG. I will turn this over to Lori. Den Hartog: Madam Mayor, Members of the Council, thank you very much. I am back before you to close the public hearing on the Community Development Block Grant, the 2012-2016 consolidated plan. As you will recall, the 2012 to 2016 consolidated plan sets forth our strategies for the next five years for the expenditures of these grant funds. The first strategy is to improve access to affordable housing opportunities for Meridian residents. The second strategy is to improve the lives of Meridian residents with special needs and residents at risk of homelessness. The third strategy is to improve economic opportunities in the city's LMI areas. And that's the final for the five year plan. We had a comment period open since June 19 when I was first before you to present the draft consolidated plan. I have had no communication or other public input other than what was provided at the June 19th public hearing. So, with that I would ask that the Council approve the consolidated plan and I will send it to the U.S. Department of Housing and Urban Development for their review and approval for our program for the next five years. De Weerd: Thank you, Lori. Council, any questions? Bird: I have none. De Weerd: I would entertain a motion to close to public comment period. Bird: So moved. Rountree: Second. De Weerd: I have a motion and a second to close the public comment period on the CDBG five year consolidated plan. All those in favor say aye. All ayes. Motion carries. - - - - -MO-TIIIN-CARRLEDrALL-AY-E-S. - - - - - - - - - - - - De Weerd: We have a timing issue. Zaremba: I didn't have my microphone on or I would have been on time. ~. D. Resolution No. :Resolution Meridian Cily Council July 24, 2012 Page 7 of 15 Adopting Five Year Consolidated Plan (2012-2016) for the ~ Community Development Block Grant Program De Weerd: Okay. Item 7-D is the resolution that adopts this consolidated plan. Do I have a motion to approve this resolution? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve item 7-D, resolution number 12-855. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 7-D. Any discussion by Council? Bird: I have none. De Weerd: Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Close Public Hearing and Comment Period on the Community Development Block Grant (CDBG) Program Year 2012 Action Plan De Weerd: Item 7-E is closing the public hearing and comment period for the CDBG program year 2012. I will turn this over to Lori as well. Den Hartog: Thank you. Madam Mayor, Members of the Council, before you is the one year action plan for program year 2012. This is our first action plan under the consolidated plan that you just approved that will start this October 1st. What we have allocated for this year's funds -- we have the amount of 256,000 -- 256,727 dollars coming from HUD for this coming program year. We have proposed to allocate the - -- funds-0ne-publi~facitity. We-have-an-Sth~treet park-ADA-accessible restroom facility.-- These funds are to be administered by our parks department. We have a public service activity, funds going to the Meridian Food Bank for use in hunger relief in purchasing food and distributing to the Meridian residents in need. We have a home ownership assistance program of 42,000 dollars. This is to be divided between the Ada County t. Housing Authority and Neighborhood Housing Services. These funds are to be used for down payment assistance to households looking to purchase a home in Meridian. That Meridian Cily Council July 24, 2012 Page 8 of 15 can be -- the home can be anywhere in Meridian. And, then, finally we have a public service activity for economic development and this is for senior -- a senior job training program to be operated by Open Lines Training and that amount is 12,000 dollars and we also have our administrative funds for the grant of just over 46,000 dollars. So, those are the activities that we are planning for this upcoming year. We are excited about moving forward and getting these projects completed. So, with that I would ask that we close the public hearing and the public comment period that we also had opened on June 19th for this action plan year and that you adopt the plan and direct me to send it to HUD for their review and consideration. Thank you. De Weerd: Thank you, Lori. Anything for Lori at this point? Okay. I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing and comment period for Community Development Block Grant for 2012. De Weerd: I have a motion and second to close the public hearing on Item 7-E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. F. Resolution No. :Resolution Adopting the Community Development Block Grant Program Year 2012 Action Plan De Weerd: The resolution supporting that item is under 7-F. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we approve Item 7-F, resolution number 12-856. Hoaglun: Second. -- De-W-eerd: I-have-a-motion-and-a-se-cond-to-approve-Item a-F. Madam--Clerk,--will-you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian Ci[y Council July 24, 2012 Page 9 of 15 MOTION CARRIED: ALL AYES. G. FP 12-012 Paramount No. 19 by Brighton Development, Inc. Located West of N. Meridian Road and South of W. Producer Drive Request: Final Plat Consisting of 45 Residential Building Lots and Three (3) Common Lots on 9.51 Acres in an R-8 Zoning District De Weerd: Item 7-G is final plat 12-012. I will open -- I will ask for staff comments at this time. Parsons: Thank you, Madam Mayor, Members of the Council. First public hearing item on this evening is Paramount Subdivision 19. This project is located on the south side of west -- or West Producer Drive and west of North Meridian Road. The final plat consisting of 45 residential lots and three common lots on 9.51 acres of land. Open space in the graphic before you you can see which portion of Paramount is being subdivided under this phase -- or final platted. Open space for this plat consists of six foot wide parkways and, then, a central MU lot. Originally the MU lot -- if you can see the cursor here it's on the left-hand -- or the right-hand corner here. Originally that was to be an alleyway. The applicant has decided to change that from being a paved surface to an opened MU lot. So, open space has increased slightly with this segment of the plat. I have received confirmation from the applicant that they are in agreement with the conditions in the staff report. Also let Council know that this substantially complies with the approved preliminary plat as well. And with that I'd stand for any questions you may have. De Weerd: Okay. Council, any questions? Bird: I have none. De Weerd: Does the applicant have any comment? Okay. Council, what's your pleasure? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve FP 12-012 and the incorporate staff comments. RountreeSecond. --------- - De Weerd: I have a motion and a second on Item 7-G to approve final plat 12-012. If there is no discussion on this item, Madam Clerk. t Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council July 24, 2012 Page 10 of 15 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. H. FP 12-013 Paramount No. 20 by Brighton Development, Inc. Located South of W. Producer Drive Between N. Wyman Avenue and W. Peck Street Request: Final Plat Consisting of Four (4) Residential Building Lots on 1.34 Acres in an R-8 Zoning District De Weerd: Item 7-H is final plat 12-013. Will ask for staff comments on this item. Parsons: Thank you, Madam Mayor, Members of the Council. Second item on the agenda tonight is Paramount Subdivision No. 20. This is slightly southwest of the previous application you just acted on. This is a four lot subdivision on 1.34 acres of land. Again, the applicant is in agreement with the conditions in the staff report. It complies with the approved preliminary plat and staff would be happy to answer any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 12-013 and incorporate staff comments. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-H. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. I. Public Hearing: VAC 12-002 Spurwing Grove No. 3 by Brighton Development Located North of W. Greenspire Drive and West Meridian City Council July 24, 2012 Page 11 of 15 of N. Moon Drummer Way Request: Vacate a 5-Foot Wide Irrigation Easement on Lot 13, Block 1 of Spurwing Grove Subdivision No. 3 De Weerd: Item 7-I is a public hearing on VAC 12-002. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next application is a vacation for Spurwing Grove No. 3. The subject property is zoned R-8. It's actually a lot and block in Spurwing Grove Subdivision No. 3. What's happened is a previous subdivision known as Jaykers actually left the remnant easement in place and now the applicant wishes to construct a home on the lot and is unable to until such time is that easement is vacated. On the left-hand side you can see the affected lot that I have highlighted in orange and, then, close up and blowup version of that shows how it effects that buildable lot there. I'd let you know that we did receive an a-mail from the Settlers Irrigation District. They stated that they do not have jurisdiction over this easement. However, the new plat has adequate easements in place to address the irrigation for that lot and also the HOA maintains the pressurized irrigation system and that is why Settlers has stated they have no jurisdiction over it. So, with that staff is recommending approval of this vacation application as presented to you this evening. And with that I'd stand for any questions you have. De Weerd: Thank you, Bill. Any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Okay. Any comments from the applicant? Okay. Thank you. This is a public hearing. Is there anyone who would like to provide comment on this item? Council, seeing nothing further from the public hearing, I would entertain a motion to close. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on VAC 12-002. - - Z-arembaSecond. - - - - De Weerd: I have a motion and a second to close the public hearing on Item 7-I. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council July 24, 2012 Page 12 of 15 i " Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAC 12-002 and incorporate all staff and applicant remarks. Rountree: Second. De Weerd: I have a motion to approve Item 7-I. Madam Clerk, you call roll on this item. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Future Meeting Topics De Weerd: Council, are there any items to consider under future meeting topics? Bird: I have none. De Weerd: Okay. We will move to the added item, Item 9, and would entertain a ~ motion to adjourn into Executive Session. Bird: Madam Mayor, before I make the motion can I -- Mr. Wardle, you have got the cutest granddaughter and she is a real dancer. We really enjoyed her out there Saturday night and she is a doll. De Weerd: She put new definition to sweet. That was an appropriate T-shirt she wore. Wardle: Madam Mayor, Council Members, thank you very much. Interestingly enough, she is a natural born entertainer. De Weerd: We saw that. Wardle: She's already participated in one of your community cultural -- and I don't know your arts council productions or -- De Weerd: The children's theater? Wardle: The Wiz of the West. De Weerd: Okay. Wardle: She was in that production and she can still do the songs and dances on call. Meridian City Council July 24, 2012 Page 13 of 15 Bird: How old is she? Wardle: Five. Thank you very much. De Weerd: Didn't you also have alittle -- what were they? The little critter things? Did you have another grandchild in that as well? In the theater. The Wizard of the West. Wardle: No. No. Just the one. De Weerd: Okay. Well, she was adorable. And I will tell you what, she did entertain. Wardle: Well, I just wish that I had been there. Bird: She was a doll. Wardle: Thank you very much. Item 9: Amended onto the Agenda: Executive Session Per Idaho State Code 67- 2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property not Owned by a Public Agency and (f) To Consider and Advise Its Legal Representatives in Pending Litigation Bird: With that, Madam Mayor, I would move that we go into Executive Session as per Idaho State Code 67-2345(1)(c), (1)(f). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:29 p.m. to 8:27 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. Meridian Cily Council July 24, 2012 Page 14 of 15 De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Amended onto the Agenda: Agreement with Nampa Meridian Irrigation District (NMID) for King and Williams Construction Project Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: We need to amend our agenda on the Executive Session. We want to add onto our agenda the agreement with the Nampa-Meridian Irrigation District of the King Williams water sewer construction project. Rountree: Is that a motion to -- Hoaglun: Yes. That is a motion to add that -- Rountree: I will second that. Hoaglun: Thank you. De Weerd: I have a motion and a second to amend our agenda. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve the agreement between the Nampa-Meridian Irrigation District and the City of Meridian for the King and Williams project and authorize the Mayor to sign and the Clerk to attest and included in that is that there may be a few words that are going to be word smithed and as long as that does not change the substantial intent of the agreement the Mayor is authorized to sign and the Clerk to attest including those changes. And, furthe~l include in my_motion that if for_ any reason this is not agreed to by Nampa-Meridian in a timely manner, that the Mayor has the power to declare an emergency. Rountree: Second. Meridian City Council July 24, 2012 Page 15 of 15 ~' De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:30 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) \, ~- ~~~ ~ g ~~~ a o i~ MAYO TAM DE WEERD DATE APPROVED ATTEST: Go¢QO,,,:t~oAU~~,~ o W ctry of JAYCEE LMAN, CITY CLER E IDR IAN'S ionxo e SFSAI, " ~~y 6R °~ rAe iPE ES~P~,~y Changes to Agenda: None Item #7G: Paramount Subdivision No. 19 (FP-12.012) Application: - Final Plat location: The site is located on the south side of W. Producer Drive and west of N. Meridian Road. Summary of Request: The applicant requests final plat approval for another phase of Paramount Subdivision consisting of 45 buildable lots and 3 common lots on 9.51 acres of land zoned R-8. The open space consists of 6-foot wide parkways and central mew lot, previously planned for an alley, The gross density of this phase is 4.73 d.u.lacre. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found there to be an increase in common open space (0.41 acre} and a decrease (6 fewer) in the number of building lots shown on the preliminary plat. Because the number of buildable lots is fewer and the amount of common open space has increased, staff finds the proposed plat to be in substantial compliance with the approved preliminary plat. Outstanding Issue(s) for City Council: None Written Testimony: Mike Wardle, Applicant's Representative (in agreement w/stafi`'report) Staff Recommendation: Approval Notes: Item #71: Spurwing Grove Subdivision No. 3 (VAC-12.002} Applications}: - Vacation Location: The site is located north of W. Greenspire Drive and east of N. Moon Drummer Way. Summary of Request: The applicant requests approval to vacate a 5-foot wide irrigation easement depicted on lot 13, blockl of Spurwing Grove Subdivision No.3. Originally, this easement was established to serve Lots 2-4, 81ock 4 platted with the Jayker Subdivision. In 2011, a property boundary adjustment (PBA) was approved by the City that reconfigured Lots 1-4, Block 4 of the Jayker Subdivision. The PBA was done to accommodate the lot layout far future development phases consistent with an approved preliminary plat. The subsequent phases are now recorded and the subject easement impacts the development of Lot 13, Block 1 platted with Spurwing Grove Subdivision No. 3. New easements are in place to adequately service the lot via the recorded plat and the home owners association is responsible for the maintenance of the pressurized irrigation system. Thus, the remnant easement is no longer needed. Since new easements are established with Spurwing Grove No. 3 and Settlers Irrigation District has no jurisdiction over the subject Staff recommends vacating the 5-foot wide irrigation easement as proposed. Outstanding lssue(s}for City Council: None Written Testimony: Mike Wardle, Applicant (in agreement wlstaff report} Staff Recommendation: Approval Notes: Meridian City Council Meeting DATE: Julv 2C!-, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 3, 2012 City Council Regular Meeting MEETING NOTES j~~,~>~ Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting ~~~~"~~~: J~~ly 2~, 2012 ITEM NUIViBER: ~~ PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 10, 2012 City Council Workshop Meeting MEETING NOTES r~ Y"` Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 29-, 2~~ 2 ITEM NUMBER: 5C PRaJECT NUMBER: ITEM TITLE: Approve Minutes of July 17, 2012 City Council Regular Meeting MEETING NOTES '~ _ - 6 Gommunity Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES fNITIALS Meridian City Council Meeting D~~_.o"~:: July 2q-, 2012 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Memorandum of Agreement between City of Boise and City of Meridian for Boise's Use of Incident Tracking System Software Created by City of Meridian MEETING NOTES /i' %tv>w~ ~"X'f'. Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MEMORANDUM OF AGREEMENT: INCIDENT TRACKING SYSTEM SOFTWARE This MEMORANDUM OF AGREEMENT'; INCIDENT TRACKING SYSTEM SOFTWARE ("Agreement") is made this 26th day of June, 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("Meridian"), and City of Boise, a municipal corporation organized under the laws of the State of Idaho, whose address is 150 N. Capitol Boulevard, Boise, Idaho 83701-0500 ("Licensee") (Meridian and Licensee may hereinafter be collectively referred to as "Parties"). WHEREAS, Meridian created the Incident Tracking System ("ITS") with the objective of facilitating communication and information sharing between public law enforcement agencies using software that can be customized to meet the individual needs and administrative operation of each agency while also serving the shared need of all law enforcement agencies to access information gathered by or known to other agencies; WHEREAS, it is the intent of the City of Meridian to make ITS software readily available to government entities, for the limited purpose of use by such government entities, and to prevent exploitation of I`i S or commercial gain from ITS by for-profit or other third-party entities; WHEREAS, in order to further these objectives, it is Meridian's desire to provide to Licensee open access to ITS software, including source code, underlying ideas, algorithms, f le formats, programming, interoperabilityinterfaees, and machine code, while also prohibiting dissemination to any person or entity with a differing objective, such as commercial or private use or profit; and WHEREAS, Meridian is authorized by Idaho Code section 67-2328 to enter into agreements with other law enforcement agencies for joint or cooperative action; NOW, THEREFORE, subject to the limitations of this Agreement and in order to meet the objectives described above, the Parties hereby agree as follows: L LICENSE. Meridian grants to Licensee, and Licensee accepts from Meridian, a non- exclusive, revocable, royalty-free, non-sub licensable and non-transferable enterprise site license under Meridian's copyrights for the term of this agreement to install and use the software, including source code, underlying ideas, algorithms, file formats, programming, interoperability interfaces, and machine code of ITS, together with any related technical specification dociunentativn provided by Meridian ("Software"). A. Title. Subject only to the license granted by this Agreement, Meridian shall retain all right, title and interest, including all patent rights, copyrights and trademarks, in and to the Software and all derivative works. The Licensee shall own any data placed in ITS, though not the software or any derivative works therefrom. This provision shall survive termination of this Agreement. MOA: INCIDGNT "I'I2ACKING SYS'l EM SOFTWARE, PAGI; I OF 7 B. Backup copies. Licensee may make copies as necessary for installation in multiple development, testing, training, and production environments and incident to computer and server backup, including foLU' weeks of daily backup and twelve months of monthly backup for data recovery purposes and backup for post disaster recovery and operations restoration purposes. Licensee must reproduce and include the copyright and trademark notices and any other notices that appear on the original Software on all copies, including installed, backup, and archival copies, and any media therefor. L. Kestrictions. The following restrictions shall apply to the license granted to Licensee by this agreement, and shall survive termination of this Agreement. Except with notice to and written consent of Meridian and all agencies utilizing ITS: 1. Licensee shall not provide, give, lease, lend, use for timesharing, service bureau or hosting purposes or otherwise use or allow persons or entities not a party to this Agreement to use the Software; 2. Licensee shall not, and shall not allow any third party to decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming or interoperability interfaces of the Software by any means whatsoever; 3. Licensee shall not remove any product identification, copyright, trademark or other notices; 4. Licensee shall comply with the Process for Enhancements azld Incident Resolution, attached hereto as Exhibit A. Pursuant to the Process for Enhancements and Incident Resolution, Licensee shall not modify the core commonality and interoperability functions of the Software without the consent of the Meridian and other ITS Licensees. Any inadvertent interruption of the core communality and interoperability functions of the Software shall be corrected in an expeditious manner upon notice by Meridian or any other I1'S Licensee. S. Licensee shall not allow any third party to modify, incorporate into or with other software create a derivative work of any paz•t of the Software; 6. Licensee shall not use the output or other information generated by the Software {including, without limitation, output describing the structure of a software program) for any purpose other than for the exclusive benefit of Licensee and/or other ITS Licensees. II. No wAUrtAN'i'Y~. The Software is provided by Meridian "as-is" and with aTl fazzlts accepted, with no wan antics, express or implied, of any kind. No dealer, agent or .employee of Meridian is authorized to make any modifications, extensions or additions to this section. Meridian makes no other representation or warranty of any kind whether express or implied (either in fact or by operation of law) with respect to the software or other materials provided MOA: INCIllENT TRACKING SYSTF.NI SOFTWARF, PAGE. 2 OF 7 by Meridian. Meridian does not warrant that the software is error-free or that operation of the software will be secure or uninterrupted. Licensee may have other statutory rights; however, to the full extent permitted by law, the duration of statutorily required warranties, if any, shall be limited to the shortest permissible duration. Moreover, in no event will warranties provided by law, if any, apply unless they are required to apply by statute. This provision shall survive termination of this Agreement. III. TERM. This Agreement shall commence on the Effective Date, and shall continue until terminated as provided herein. IV. TERMINATION. Meridian may terminate this Agreement for convenience or for cause if Licensee fails to cure any material breach of this Agreement within thirty (30) days after written notice of such breach. Termination shall he effective one hundred eighty (180) days following mailing of written notice. Upon termination, Licensee shall immediately cease all use of the Software and return all copies of the Software and all portions thereof and so certify to Meridian. Termination is not an exclusive remedy; all other remedies will be available whether or not this Agreement is terminated. V. LIMITATION OF LIABILI'T'Y. Notwithstanding anything in this agreement to the contrary, Meridian shall not be liable or obligated, and Licensee shall hold Meridian harmless, with respect to any subject matter of this agreement or under contract, negligence, strict liability or any other legal or equitable theory for the following: A. Any special, punitive, incidental or consequential damages (including, without limitation, for any lost profits, cost of procurement of substitute goods, technology, services or rights); B. Interruption of use or loss or corruption of data; ar L. Any matter beyond its reasonable control. This provision shall survive termination of this Agreement. VI. GENERAL PROVISIONS. A. Cumulative remedies. The remedies under this Agreement shall be cumulative and not alternative. "1'he election of one remedy for a breach shall not preclude pursuit of other remedies unless as expressly provided in this Agreement. B. Governing law. This Agreement shall be governed in all respects by the substantive laws of the State of Idaho, United States of America (excluding conflict of laws rules} as applied to agreements entered into and to be performed entirely within the State of Idaho between Idaho residents. Any dispute regarding this Agreement shall be subject to the exclusive jurisdiction of and venue within the state or federal courts located in the state of Idaho, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts. MOA: INCIDEN"C TRACKfNG SYS"rEM SOFTWARE PAUi: 3 OP 7 C. Notices. All notices, statements, and reports required or permitted by this Agreement shall be in writing and deemed to have been ej:fectively given and received three {3) business days after the date of mailing by registered or certified U.S, mail, postage prepaid, with return receipt requested, Notices shall be addressed as follows: I:,iccnsee: City oi'Boise Meridian: City of Meridian Attn: City Attorney Attn: City Attorney P.Q. Box 500 33 E. Broadway Avenue Boise ID 83701-0500 Meridian 1D 83642 D. Assignment. Licensee shall not assign or otherwise transfer any of its rights, obligations or licenses hereunder without the prior written consent of Meridian. The provisions of this Agreement shall apply to and bind the successors and permitted assigns of the parties. E. Independent contractor. T'he relationship created by this Agreement is one of independent contractors, and not partners or joint venturers. Unless otherwise agreed in writing, no employees, consultants, contractors or agents of one party arc employees, consultants, contractors or agents of the other party, nor do they have any authority to bind the other party by contract or otherwise to any obligation, except as expressly set forth herein. Neither party will represent to the contrary, either expressly, implicitly or otherwise. F. Third party beneficiaries. Licensee acknowledges and agrees that there are no third .party beneficiaries of this Agreement. G. Severabiiity. if any covenant set forth in this Agreement is determined by any court to be unenforceable by reason of its extending for too great a period of time or by reason of its being too extensive in any other respect, such covenant shall he interpreted to extend only for the longest period of time and to otherwise have tlae bzoadest application as shall be enforceable. The invalidity or unenforceability of any particular provision of this Agreement shall not affect t11e other provisions hereof, which shall continue in full force and effect. H. No waiver. The failure of either party to insist, in any one or more in tances, upon the performance of any of the terms, covenants, or conditions of this Agreement or to exercise any right hereunder, shall not be construed as a waiver or relinquislunent of the future performance of any rights, and the obligations of the party with respect to such future performance shall continue in full force and effect. Entire agreement. This Agreement constitutes the complete, final and exchisive statement of the teens of the agreement between Meridian and Licensee and supezsedes all prior agreements, understandings, negotiations and discussions of the parties, whether written or verbal. No modification or rescission of this Agreeznezxt shall be binding unless executed in writing by both McIidian and Licensee. MOA: INCIDENT TRACKING SYS'T'EM SOF'CWARI/ PAGI 4 OP 7 J. Exhibits. All 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. K. Presumptions/review. In construing the terms of this Agreement, no presumption shall operate in either party's favor as a result of that party's counsel's role in drafting the terms or provisions hereof. Further, it is agreed that Licensee has had a full and fair opportunity to review the terms herein and to consult with legal counsel before signing. Accordingly, because Licensee has had ample review opportunities and because Licensee is and was free to elect not to accept these terms, Licensee acknowledges that this is not a contract of adhesion. L. Attorney fees. The prevailing party in any legal action brought by one party against the other and arising out of this Agreement will be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and attorney fees. M. Authority. Each party represents that all corporate action necessary for the authorization, acceptance and delivery of this Agreement by such party and the performance of its obligations hereunder has been taken. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 26th day of ,Tune , 2012. CITY OF BOISE T~ By: David H. Bieter, Attest: _ Df CITY OF MERIDIAN: Broughton, Ex Off cio amity Clerk By: Tammy de Weer , ayor Meridian Clerk °b r IDAHO ~. SEA3~ _°~~e. rce MOA: INCIDENT TRACKING SYSTEM SOFTWARE PAGE 5 OF 7 EXHIBIT A PROCESS FOR ENHANCEMENTS AND INCIDENT RESOLUTION Background Modifications to the l"fS will be made by the identified programming staff within each agency. 'this explains the process for those modifications -for both enhancements and issue resolution. This is an addendum to the primary agreement between agencies for the overall usage of Tl'S. Enhancements Enhancement affecting a SINGLE agency: If the requested change affects only a single agency, it must first be approved by the Steering Committee representative from that agency, and be implemented in one of the following two ways: ^ Modify a database object in the application. There is an agency folder in Subversion. If a new version of a stored procedure or function is released, it will be up to that agency to decide how to implement it. 1f the agencies specific database object breaks the application, they will be responsible for correcting it. "I'he following testing will be required before the enhancement is deployed: Unit, Functional, User Acceptance Modify the C# code and check in the change to Subversion where it can be compiled and pushed out. Any agency specific code needs to point to a configuration setting in the canfig.xml file so it can be enabled or disabled by other agencies. The default needs to be off. Notify Meridian IT to push out the new .exe to a shared location. F,nhaneement affecting ALL agencies: If the requested change affects all agencies, it must first be approved by ALL Steering Committee representatives for all agencies, and be implemented by performing the following: ^ Modify database objects in the application. Check them into Subversion. ^ Modify the C# code and check in the change to Subversion where it can be compiled and pushed out. Notify Meridian IT to push out the new .exe and any new database objects to a shared location. The following pertains to ~1LL enhancement requests: 1) All enhancement requests, whether impacting one agency or all, will be logged to the multi-agency ITS SharePoint site. 2) If the request is denied or withdrawn, the agency representative will document the reason for the denial or withdrawal for historical purposes. MOA: INCIDENT TRACKING SYSTEM SOFTWARE PAGE 6 OF 7 3) If the request is approved, it will be communicated to the development team comprised of a representative from each agency. The development team will then prioritize and determine which agency will accommodate the request and publish a delivery date. 4) Single agency changes require approval from the agency's Steering Committee representative. 5) Changes affecting all agencies require collective approval from all Steering Committee representatives from all agencies. 6) All changes will be developed in a test environment and successfully undergo the following testing, at a minim~un, before being moved to the production enviroiunent; Unit, Functional, System, End-User Acceptance 7} Approved enhancements will be documented using Subversion (SVN), a software versioning and revision control system. 8) End-user release notes will be posted to the multi-agency SharePoint site and distributed to the end-users prior to the enhancement being moved to the production environment. Incident Resolution Software defects will be logged by each agency accordingly in their own issue tracking system. If the issue prevents the end user from performing their work and no work-around exists, the coi7•ection will be ranked as a priority until it is resolved. The person reporting the issue will be kept informed of the status and resolution, in addition to the development team and Steering Committee for those issues that are high priority. MOA: INCIDFN"[' TI2~ICKING SYSTEM SOI'"I•WARI; PAGI 7 OP 7 Meridian Gity Council Meeting DATE: July 2~, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approval of a Water and Sewer Main Easement for Meridian Town Center MEETING NOTES /? ~_ , i-' ; ~ j/Z`~i ~;, Community Item/Presentations Presenter Contact Info./Notes --t - z 5- ~ ~ - Agrv,k r~-~vr,ec~- -~o Sta-f-4- S . ~e.ar ~jrvice. ~ec~al -tor 0.~jm-~- h~S Char'C~('~. l~e..~ EaS~r-rt~-nt L~ ~tl b~ dra~~'er~t ~ c,~ ~ (l qo -~o Co~r,~~ l J CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (~irE IDIZ IAN;-- ~J TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 7/18/12 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba 5~`B~IE~~`T: ~~~t~r & Sewer Easement for Meridian Town Center I. RECOMMENDED ACTION A. Move to: 1. Approve a Sewer & Water Main. Easement for the Cit~_Meridian, located on site of the Meridian Town Center at the Northeast Corner of Eagle Road & Fairview Ave, by Meridian CenterCal, LLC. This easement provides The City of Meridian access to maintain and service new sewer and water main being installed, to provide service for new proposed commercial lots within Meridian Tawn Center. 2. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Director of Community Development 489-1569 Bruce Freckleton, Development Services Manager 489-0362 Scott Steckline, Land Development Supervisor 489-0369 Denny Cline, Development Analyst II 489-0363 Supervisor Approval Scott Steckline: Land Development Supervisor Page 1 of 1 Meridian City Counci! Meeting DATE: July 2~{-, 2012 ITEM NUMBER: 5F PROJECT NUMBER; ITEM TITLE: Approval of Task Order 10356 for "Secondary Effluent Coagulation -Flocculation Tank Design" to HDR Engineering, Inc. for aNot-To-Exceed amount of $199,106.00 MEETING NOTES f/ Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FRVAL ACT/OIV DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~i~E IDIAN~-- Public IDAHO Works Department TO: Keith Watts FROM: David Allison Staff Engineer DATE: 7! 1.9/2012 SUBJECT: Project Information; WWTP Flocculation Tank Design DEPARTMENT' CONTACT PERSONS David Allison, Staff Engineer (Project Manager} 489-0370 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Public Works Diz•ector 489-0372 lI. llESCRIPTION Mayor Tammy de Weerd City Council Mem6erse Keith Bird Brad Hoaglun Charles Rountree David Zaremba A. Backgrouizd The WWTP reclaimed water permit and NPDES permit, limit total suspended solids. Although the WWTP has been able to adequately meet the total suspended solids limits for the NPDES permit, it has been more challenging to meet the requirements of the reclaimed water permit. This has had an impact on the Flant's ability to reliably provide reclaimed water to our customers. The Public Works Department also anticipates a highly restrictive phosphorus limit in our next NPDES perniit, which we anticipate sometime next year. The Public Works Department is undertaking a 2 phased project to improve the Plant's ability to reliably meet our existing total suspended solids limits and improve our ability to remove phosphorus. B. Proposed Project This project. is for the design of the second phase of Public Works efforts to improve our ability to reliably remove suspended solids and phosphorus. The addition of a flocculation tank, in conjunction with the chemical feed building cu~•rently under construction, will improve phosphorus and suspended solids removal at the WW'C:P. The flocculation tank will provide a basin where chemicals injected upstream can combine with small particles in the waste stream to form a flock that will improve the removal effectiveness of the cloth media filters immediately downstream of the flocculation tank. This will reduce phosphorus and suspended solids prior to discharge to I' ive Mile Creek or delivery to the reclaimed water system. The project will include plans and specifications to construct the flocculation tank and related piping and electrical The design will be completed in two phases; the f`u-st phase Page 1 af'2 TASK ORDER NO. 10356 Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER} AND HDR ENGINEERING, INC. (ENGINEER) This Task Order is made this 24th day of Juiy, 2012 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by HDR Engineering, Inc, hereinafter referred fie as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2A) between the above mentioned parties dated December 6, 2011. The Project Name for this Task Order 10356 is as follows: CITY OF MERIDIAN ECN~-RY EFFLUENT' C®~ULTIN - FL®C~ULAT'IN TANK F'~E~T" UN~ERT~N®~NG The design services in this task order will enhance the phosphorus removal capacity of the City's existing wastewater treatment facility by adding acoagulation/flocculation step between its existing secondary clarifiers and cloth media filters. ~~~~ ®~ TASK 'BOA -PROJECT I~iANAGEMENT Objectir~~; Provide scope, schedule, and cost control services. Appo•®acl•~ Communicate scope, schedule, and budget/flee status with the Owner and the project team through project management plan, telephone ca[Is, and email communications. IVlor~itor projecf progress including work completed, work remaining, budget expended, schedule, estimated cosi of work remaining, and estimated cost at completion. Secondary effluent Flocculation TanEc - Prajecf +f10356 Page 'I of 14 HDR Engineering, Inc. 0 Prepare progress reports and invoices that summarize the work progress to date, budget expenditures to date, and identify any information requirements or decisions that need to be made by the Owner. ® Provide a review of the concepts and criteria being applied to this task order with Consultant's wastewater treatment technical direr#or or designee, s4ssumptions m Owner will interface with Consultant on project issues. o If the scope changes during the life of the project, modification to the original contract agreement will be required per the terms and conditions of the agreement. o invoice format will follow standard format by the Consultant. e DirecT expenses for travel (outside Ada County), printing, photocopying, and telephone conferences will be billed to Owner. ®eliverables ® Progress reports and invoices (one (1) hard copy each month). ~-~ese~ goo ~ PRELIfViIN~11RY E(V~IId~ERING Objective Plan and document the specific design requirements associated with the coagulationJflocculation process to establish treatment process arrangements, hydraulic profile, general site layout, major equipment selection, structural and material concepts, and process control philosophy. Approach ® Prepare a Preliminary Design Report (PDR) to define the project with a unified design concept to allow development of a realistic opinion of probable construcfion cost, an informed review by Owner, and approval by Idaho Department of Environmental Quality (DEQ). Anticipated components of the PDR are as follows: o Establish and document design criteria including: ® Flow and loading criteria. a Treated water quality requirements. o Provide recommendations to Owner on additional jar testing to establish other design parameters, such as mixing gradient "G" values and chemical dose range. © Provide Owner with guidance on phosphorus speciation Testing. Applicable codes, standards and design conditions. Reliability and redundancy requirements. o Develop preUminary process design including: ~~ Summary of uniT process design criteria and projected operating conditions. Secondary Effluent Flocculation Tank -Projectli10356 Page 2 of 14 HDR Engineering, ]nc. ^ Process filow diagrams for coagulation/flocculation unit process. ^ Process narrative for individual unit processes. o Perform hydraulic analysis including: Hydraulic profile for coagulationlflocculation unit process. ^ Line size calculations far major process piping. o Develop preliminary site and civil design including: ^ Site plan showing new and existing structures. ^ Preliminary yard piping plan {major piping systems). o Develop preliminary structural design including: a Footprints and sections ofi major structures showing major equipment. ^ Structural design concepts, including conceptual design ofi foundations and preliminary sizing of wall and slab thicknesses. ^ Building material selection. Structure dimensions. o Develop preliminary process mechanical design including: Sizing of major equipment. ^ Preliminary equipment lists and data sheets far major equipment. ^ Equipment layouts, including major piping and valves. n Equipment access and hoisting plan. ^ Piping material sejection. ^ Chemical sforage and feed requirements. m Utility requirements, o Develop preliminary electrical design including: 4 Preliminary electrical load fist. ^ Electrical service requirements. Standby power requirements. e Electrical power one-line diagram. Preliminary electrical site plan. Communication design concepts. Sizing of major equipment. ^ Preliminary equipment lists and data sheets far major equipment. ~ Develop preliminary instrumentation and control design including: Control philosophy. E~ Control sysfem block diagram. Process control descriptions. Process anti Instrumentation Diagram {i}&ID) drawings for major equipment and system:. Secondary Effluent Flocculation Tank -Project #10356 Page 3 of 14 HDR Engineering, Inc. o Develop preliminary implementation and procurement plan including: Preliminary construction schedule. Equipment procurement plan including potential sole-source, pre-purchase, pre- qualification or base-bid candidates. o Prepare preliminary engineer's opinion of probable construction cost. ® Conduct up to two (2) coordination meeting with Owner staff and up to two (2) Consultant staff members during development of PDR to discuss design concepts, report progress, and Owner preferences. ® Provide technical and editorial quality control reviews. ® Preliminary Design Report development will include a draft submittal to the Owner for review and comment, a comment resolution period, and a final submittal to Idaho DEQ for approval. o Document decisions in a decision log and log Owner comments and Consultant responses in a quality assurance log. Assumptions ° Owner will provide additional jar testing as directed by Consultant and record data in laboratory jar testing data log. Owner will test samples for total phosphorus (TP), total reactive phosphorus (TRP), soluble total phosphorus (sTP), and soluble reactive phosphorus (sRP). ® Owner will provide geotechnical reports and final foundation design recommendations at or before NTP. o Owner will provide survey and topographic mapping information of project site in At.ttoCAD .dwg format at or before NTP. o Potholing of underground piping and utilities will not be required. o A plant-wide process flow diagram will not be prepared. ® Owner will provide a current hydraulic profile of the Wastewater Treatment Plant in AutoCAD .dwg at or before NTP. © Computational fluid dynamic modeling will not be required, but can be added to scope of services under separate task order if desired by Owner. 0 Odor control and noise mitigation plans wil! not be required. ® Architectural, HVAC, and Plumbing designs will not be required. ® Preliminary cost opinion will be for budgetary planning purposes to support project funding requests. Consultant will attempt to provide a range of accuracy based upon AACE International Recommended Practice No. 17R-97, Class 3, 10 to 40 percent project definition,+30% to -15% Range of Accuracy). m Coordination meetings will be located at the Meridian Wastewater Treatment Plant or Meridian City Hall and will be no more than one (1) hour in duration. o Consultant's quality assurance manual and design delivery manual will provide the basis of the quality control program. o Owner will perform a timely review of submitfals and will provide a jingle set of reconciled review comments. Consultant schedule includes an allowance of up to seven (7) calendar days for Owner review of the PDR. Any duration longer than this will result in Consultant schedule adjusting accordingly. Secondary Effluent Flocculation Tank -Project #10356 Page 4 of 14 HDR Engineering, Inc. ® No document modifications will result from Idaho DEQ review and approval of the PDR and as such, Consultant schedule does not include Idaho DEQ review and approval time. o Direct expenses for travel (outside Ada County), printing, photocopying, and telephone conferences wild be billed to Owner. ®eliverables a Draft Preliminary Design Report (electronic file in .pdf format transmitted via e-mail). ® Final Preliminary Design Report (up to four (4) hard copies and electronic fife in .pdf format). © Meeting agendas (up to five (5) hard capies} and minutes (electronic copy in .pdf format transmitted via e-mail). ® Decision log and quality assurance fog summarizing comments and responses from draft review (electronic file in .pdf format transmitted via e-mail}. T~~~ 3fl0 - P~~JJECT 1ViAlk9Af~EIViIENT C)bjeetive The objective of this task is to provide scope, schedule, and cost control services during this task order. ~pprgach Communicate scope, schedule, and budget/fee status with the Owner and the project team through project management plan, telephone calls, and email communications. Monitor project progress including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion. o Prepare progress reports and invoices that summarize the work progress to date, budget expenditures to dale, and identify any information requirements or decisions that need to be made by the Owner. Provide a review of the concepts and criteria being applied to this task order with Consultant's wastewater treatment technical director ar designee. Assumptions ~ Owner will interface with Consultant on project issues. © If the scope changes during the life of the project, modification to the original contract agreement will be required per the terms and conditions of the agreement. o Invoice format will follow standard formal by the Consultant. Direct expenses for travel (outside Ada County}, printing, photocopying, and telephone conferences will be billed to Owner. Deliverables o Progress reports and invoices done (1) hard copy each month). Secondary Effluent Flocculation Tanl< -Project #10356 Page 5 of 14 HDR Engineering, Inc. TASl~( 400 - 60 PERCENT SUUIViITTAL Objective Provide a comprehensive set of design documents in sufficient detail to allow thorough review by City. This submittal provides the City the ability to influence the features of the design. Approach ® Develop critical drawings that define the size, configuration, process control and key features of the project components and initiate other drawings which show details and refinements. o General and Civil Drawings: Process flaw diagrams -draft final. m Hydraulic profiile-draft final. Q Site plan - 80% complete. Grading and paving plans - 80% complete. Yard piping plans -- 80% complete. Piping profiles, civil details and site details -- in progress. o Demolition Drawings: Plans and sections - 80% complete. o Structural and Process Mechanical Drawings: d Structure! and Process Mechanical plans - 80% complete. G Structural and Process Mechanical sections and details - in progress. o Electrical Drawings: ® Single-line diagrams -draft final. d Electrical site plan - 80% complete. tl Electrical plans, sections and details - in progress. Lighting plans, sections and details - in progress. ® Conduit and cable schedules - in progress. o Instrumentation and Control: P&IDs and control strategies -draft final. Network block diagrams -draft final. Draft final I/O list -draft final. o Control panel elevations and schematics - in progress. Insfrumentation details - in progress. m Develop technical and front end specifications to a "ffrsf draft" level. a Update opinion of probable construction cost. o Update equipment notebook with equipment data sheets and technical cui: sheets. 9 !-Jpdate construction sequencing plan and schedule previously developed for the f'rclirninary Design Report. Secondary Effluent Flocculation Tank -Project #10356 Page 6 of 14 HQR Engineering, Inc. ® Conduct up to two (2) coordination meetings with Owner staff and up to two (2) Consultant staff members during development of 60 percent submittal to discuss design concepts, Owner preferences, and to report progress. • Provide technical quality control review. 0 60 percent design development will include a submittal to the Owner for review and comment. ® Document decisions in a decision log and log Owner comments and Consultant responses in a quality assurance fog. Assumptions • Drawings will be prepared per industry standards and specifications will be prepared using the sixteen-division format of the Construction Specifications Institute. e Front-end specifications will be based upon Engineers Joinfi Contract Documents Committee (EJCDC) construction contract documents, 2007 version, and Standard General Conditions modified by Consultant's legal department. • The design will incorporate Consultant and Owner engineering and equipment standards to maintain consistency and compatibility with the Owner's facilities. ® Coordination meetings will be located at the Meridian Wastewater Treatment Plant or Meridian City Hall and will be no more than one (1) hour induration. ® Consultant's quality assurance manual and design delivery manual will provide the basis of the quality control program. a Owner will perform a timely review of the 60 percent submittal and will provide a single sefi of reconciled review comments. Consultant schedule includes an allowance of up to seven (7) calendar days for Owner review of the 60 percent submittal. Any duration longer than this will result in Consultant schedule adjusting accordingly. o Resolution of Owner comments will occur during the final design development phase. o Owner requested changes after the 60 percent design development phase will be negotiated via additional services. A Owner will participate in review meetings. a Architectural, HVAC, and Plumbing design will not be required. o Updated cost opinion will be for cost baseline monitoring. Consultant will attempt to provide a range of accuracy based upon AACE International Recommended Practice No. 17R-97, Class 2, 30 to 70 percent project definition,~-20% to -10% Range of Accuracy). © Direct expenses for travel (outside Ada County), printing, photocopying, and telephone conferences will be billed to Owner. Deliverab!€~s 60 Percent Draft Design Drawings (electronic file in .pdf format). © 60 Percent Draft Specifications (electronic file in ,pdf format). 6 Updated cost opinion, equipment data sheets and catalog cuts, and construction sequencing plan (electronic files .pdf format). <~ Meeting agenda {up to five (5) hard copies) and minutes (electronic copy in .pdf forma'c transmitted vi~t e-mail). Secondary Effluent Flocculation Tank - Project X10356 Page 7 of 14 HDR Engineering, Inc. ® Decision log summarizing decision made during coordination meetings, as requested (electronic fife in .pdf format transmitted via e-mail). TASK 500 -FINAL DESIGN SUBMITTAL AND BID PERIOD SERVICES Objective Present drawings and specifications signed. and sealed by appropriate registered engineers and print for Owner distribution to prospective bidders. Approach • Prepare final critical drawings that define the size, configuration, process control and key features of the project components and initiate other drawings which show details and refinements. o General and Civil Drawings -Final. o Demolition Drawings -Final. o Structural and Process Mechanical Drawings -Final. o Process Mechanical Drawings -Final. o Electrical Drawings - Final. o Instrumentation and Control -Final. ® Prepare final front end and technical specifications. ® Prepare final opinion of probable construction cost. ® Conduct up to two (2) coordination meetings with Owner staff and up to two (2) Consultant staff members during development of the final submittal to discuss design concepts and Owner preferences, and to report progress. © Submittal for approval to Idaho DEQ will occur with the final submittal. ~ Provide technical criteria, written descriptions, and design data for use by Owner in filing an application for a building permit with the City Building Department. m Document decisions in a decision log and log Owner comments and Consultant responses in a quality assurance log. ® Provide technical quality control review of final submittal. ® Prepare apre-bid conference meeting agenda and conduci a pre-bid conference at the project site. ® Document pre-bid conference attendees. o Document questions raised and answers provided during the pre-bid conference. ® Issue minutes of the pre-bid conference and the list of attendees as part of an addendum. e Issue up to three (3) addenda. Consult with Owner's legal representative before rnaking any recommendations of award that may involve waiver of formalities or irregularities in the bid. o Prepare engineer's recommendation of award based on bidder responsiveness, bid amount and authority to perform Work based on Idaho Public Works license status. Secondary Effluent Flocculation Tank - Project X10356 Page 8 of 14 }fDR Engineering, Inc. Assumptions ® Drawings will be prepared per industry standards and specifications will be prepared using the sixteen-division format of the Construction Specifications Institute. ® The design will incorporate Consultant and Owner engineering and equipment standards to maintain consistency and compatibility with the Owner's facilities. ® Coordination meetings will be located at the Meridian Wastewater Treatment Plant ar Meridian City Hall and will be no more than one (1) hour in duration. o Consultant's quality assurance manual and design delivery manual will provide the basis of the quality control program. ® Resolution of Owner comments from 60 percent design will occur concurrently during the final design development phase. ® No document modifications will result from Idaho DEQ review and approval of the final submittal and as such, Consultant schedule does not include Idaho DEQ review and approval time. ® Up to 29 drawings will be prepared far the Goagulation/Flocculation ~T~ank Improvements. ® Final drawing list is expected to be as described below. Note that Process and Structural drawings are merged and Architectural and Mechanical drawings are not included. Gonera0 Cover Sheet, Location Map, and Sheet Index General Abbreviations General Legends and Symbols Hydraulic Profile and Design Criteria Civil Overall Site Plan and General Notes Enlarged Site Grading and Paving Plan Piping Pfan and Profile SE Line I Sections and Defiails Structural and Process Overall Pfan Flocculation Tank Plan, Sections, and Details SE Pumping Plan, Sections, and Details Chemical Sfiorage Building Plan Filter Buildings Plan Sections and Details I Sections and Details 11 Standard Structural Notes Typical Concrete Details I Typical Concrete Defiails II Secondary Cffluent Flocculation Tank - Pz~ojact x#10356 Page 9 of 14 HDR F_ngineering, lnc. Electrical Electrical Legend and Symbols Electrical Details 1 Control Diagrams Schedules Single Line Diagram Chemical and Flocculation Electrical Plan Instrumentation and Controls Instrumentation Legend and Abbreviations Control System Block Diagram Chemical Addition P&ID SE Pump Station P&ID Local Control Panel Elevations © No new drawings or specification sections are expected following this submittal. Final opinion of probable construction cast will be for continued cost baseline monitoring, Consultant will attempt to provide a range of accuracy based upon AACE International Recommended Practice No. 17R-97, Class 1, 70 to 100 percent project definition,+10% to -~% Range of Accuracy). © Owner has an established procedure for advertising projects for bids in local newspapers and plan rooms and will develop a bid advertisement for this project. ® Up to two (2) Consultanfi staff members will attend the pre-bid conference. o Consultant will avoid providing interpretation of documents during the Pre-Bid Conference unless the document intent is clear. Owner legal personnel, not Consultant, will answer any legal question. ® Owner's staff will contact appropriate contractors, subcontractors and equipment suppliers to advise them of the date that project is being advertised. © General contractor/bidder prequalification will not be conducted. ® Owner will distribute bid packages and log an official Plan Holders List ® During the advertisement phase, all correspondence regarding the project will be directed to or coordinated by the Owner's Project Manager to ensure response consistency. o Owner wilt send a complete copy of each addendum to all official plan holders of record. Plan holders with multiple sets of Bidding Documents should be sent multiple copies of the addendum. ® Owner will open bids at the place and time advertised. Owner will verify Contractor's financial resources, experience, safety record, technical skills, ability 'to comply with the schedule, and past performance record. o Owner will verify bid bond amounfi and bonding company ratings and certifications. o Owner will contact contractor surety and bank reference. o Conformed documents will not be prepared. Secondary Effluent Flocculation Tank -Project #10356 Page 10 of 14 HDR Engineering, Inc. Direct expenses for travel {outside Ada County}, printing, photocopying, and telephone conferences will be billed to Owner. Deliverables • Final Design Drawings (Up to ten (10} 11 inch x 17 inch hard copies, plus electronic copy in .pdf format) ® Final Specifications (Up to ten (10) hard copies, plus electronic .pdf format) o Final opinion of probable construction cost (electronic copy in .pdf format). ® Pre-bid conference agenda (up to ten {10) hard copies) and minutes (electronic copy in .pdf format transmitted via e-mail). • Addenda (electronic copy in .pdf format transmitted via e-mail). TASK 600 - ENGIPJEERING SERVICES DURING CONSTRUCTION Objective Provide construction phase design services that are integrated with the construction phase construction management services provided by City of Meridian. Approach o Review up to forty (40) required shop drawing submittals and up to five (5) operations and maintenance manuals. ® Provide Design Discipline site visits: o Conduct up to two (2) site visits far purposes of attending the pre-construction meeting and observing that construction is progressing in general conformance with the design intent and contract document requirements. o Respond fio sifuations of either changed conditions or defective Work for purposes of identifying corrective actions o Meet and confer with Owner's Resident Project Representative and Contractor Superintendent or Project Manager to identify possible solutions to changed conditions or defective Work. o Document Site visit. Provide technical review and prepare response to up to fifteen (15) Requests for Information (RFI}: o Review and drafi: responses to RFIs. o Communicate with Owner's Resident Project Representative or Contractor to confirm understanding of salient aspects of the request. o Transmit draft response to Owner's Residenfi Project Representative. ® Provide technical suppori of design-related contract modifications: o Review and comment on technical descriptions of up to five (5) Owner prepared Field Orders. o Review and comment on technical descriptions of up to five (5} Change Proposal Requests (CPR). Secondary Effluent Flocculation Tank -Project #10356 Page 11 of 14 HDR Engineering, Inc. Assumptions Consultant's review of required shop drawings is for conformance with the design concept and reviews are limited to the original submittal and one (1) re-submittal per specification section. Construction Contract Documents will state that all costs associated with the review of any Shop Drawing resubmitted more than once shall be borne by the Contractor with said costs being deducted from the Contractor's Contract Price and amended to Consultant's professional services fee. Direct expenses for travel (outside Ada County), printing, photocopying, and telephone conferences will be billed to Owner. ®eliverables 0 Consultant responses to shop drawing and operations and maintenance manual submittals {electronic copy in .pdf format transmitted via e-mail). Consultant site visit reports (electronic copy in .pdf format transmitted via e-mail), if requested. o Consultant responses to requests for information (electronic copy in .pdf format transmitted via e-mail}. o Consultant comments on field order and change proposal requests (electronic copy in .pdf format transmitted via e-mail). TASK 700 - FACILITY START-UP AIV® ®EMONSTFZATtON REVIEW AND CHEMICAL PHOSPHORUS REMOVAL ASSISTANCE Objective Witness and record the Facility Start-up and Demonstration Period and identify the combination of coagulant and polymer which leads to low effluent phosphorus. Approach o Obtain the Contractor's start-up plan and provide comments to Owner's Resident Project Representative. o Conduct up to four (4} 4-hour site visits to observe, record and report the progress of the initial starting of equipment and the Demonstration Period. o Upon satisfactory completion of the Demonstration Period, provide a report to the Owner's Resident Project Representative for executing the Certificate of Substantial Completion. o Obtain list of cloth media manufacturers' approved flocculation/coagulation chemicals, including cationic and anionic polymers, and range of doses. © Provide assistance to Owner during Owner full-scale testing of coagulant and polymer. Up to five (5) 2-hour conference calls with up to two (2) consultant staff members have been budgeted for this assistance. Assumptions o Owner will obtain Contractor's start-up plan and provide to Consultant. o Direct expenses for travel (outside Ada County), printing, photocopying, telephone conferences, and technology will be billed to Owner. Secondary Effluent Flocculation Tank -Project #10356 Page 12 of 14 HDR Engineoring, Inc. Deliverables ® Consultant comments on Contractor's start-up plan (electronic copy in .pdf format transmitted via e-mail). • Meeting minutes from assistance conference calls {electronic copy in .pdf format transmitted via e-mail). TIDE ~ ~®P~E~°i®~ end C®iV~PEiVSA~ ~®N SCFiE®IJL~ The following schedule is based on a Notice to Proceed {NTP) from the City by Jufy, 25, 2Q12 and resulting in Final Design being completed by February 1, 2Q13. A NTP issued on a differenfi dafie will change the schedule accordingly. COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation 100 Project Management ~ Duration of Task Order ^ $6,239.00 200 Preliminary Engineering ~ September 30, 2011 ~ $43,550.OOk 300 Project Management #2 4 Duration of Task Order FY13 ^ $13, 609.00 400 60 Percent Submittal ^ November 23, 2012 * ~ $42,433.00 500 Final Design Submittal and Bid Period Services ^ February 1, 2013 * ^ $60,946.00 600 Engineering Services During Construction ~ Augusf 13, 2013 ** $26,049.00 700 Facility Starf-Up and Demonstration Review and Chemical Phosphorus Removal Assistance ~ September 27, 2013 ** $6,280.00 TASK ORDER TOTAL: $199,106.00 Assumes a NTP of ®ctober 1, 2012. If the NT6~ its delayed, the Consultant project schedule will shift correspondingly. k~ Assumes a construction substantial completion date of August 16, 2013. If substantial completion is delayed, the Consultant pro~ecf: schedule will shift corresp®ndingly Secondary Effluent Flocculation Tank -Project ##10356 Page 13 of 14 11DR Engineering, Inc. The Not-To-Exceed amount to complete all services listed above for this Task Order No. 10356 is One Hundred Ninety Nine Thousand, One Hundred Six dollars ($199,106.00}. No compensation will be paid over the Not-to-Exceed amount without prior written approval by the City in the form of a Change Order. The hourly rates for services and direct expenses are per the Master Agreement (by this reference made a part hereof) and will be the basis for any additions andlor deletions in services rendered. Trave( and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. Compensation is scheduled to be paid from two different fiscal years, FY12 and FY13. Currently $49,789.00 has been budgeted for this year (FY12} and it is anticipated that Council will approve the budget for the remainder of the project ($149,317.00) in FY13 for aNot-To- Exceed total of $199,106.00. Therefore, continuation of this contract past the FY12 budget amount of $49,789.00 is subject to the appropriation of funds for such purpose by the City Council. If funds to effect such confinued services and payment are not appropriated, CITY may terminate this Agreemenfi as thereby affected and Contractor will relieve CITY of any further obligation. CITY OE MERIDIAN HDR ENGINEERING, INC. '~ ,,.. . `~~i , BY: ~ BY: ~ v - TAMMY de V~RD, MAYOR Karen M. Doherty, Vice President Dated:-~_ _ _! , Dated: ~ ~ ~,~ , , ~ ,-- - • `. Approved by o~o~AZ~D nucUSrl 3~ r9° J'~CEE~C /HOLMAN, CITY CLERK ~..~>~~.'='i ~~\ 1"1.~-~'" TIDAHO ~n SEAL r Purchasing Approval A"rF~°~e ~~~ ~t A oval KEi ATT ,Purchasing M~nager WA REN ST WART, Engineering Manager DATE: a ice. _ . City Projec ~Ma ager (~'~z. Secondary Effluent Flocculation Tank -Project #10356 Page 14 of 14 HDR Engineering, Inc. Meridian City Council Meeting DATE: JuIV 2~, 2012 ITEM NUMBER: PRQJECT NUMBER: A~ 11-041 ITEM TITLE: Ten Mile Annexation Development Agreements (3) for Approval: AZ 1 1-001 Ten Mile Annexation by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road and Norfh of I-84 Request: Annexation and Zoning of 1 1 b.25 Acres of Land From RUT in Ada County to C-G Zone MEETING NOTES :'7 ,~ ~~~ ~ ~ ~V r ~' Community Item/Presentations Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 44 BOISE IDAHO 07/25112 02:00 PM DEPUTY Bonnie Oberbillig III IIIIIIIIIIII'lllllllll IIIIIIII I III flECORDED-REQUEST OF Meridian Ciry i 1207316 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Janicek Properties, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this •2.~ day of _~~~~~ , 2012, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Janicek Properties, LLC, 270 E. Connemara Lane, Eagle, ID 83616, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer 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 for each owner, 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, LC. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/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 Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation of the Property described in Exhibit A, and has requested a designation of C-C (Community Business District) and TN-C (Traditional Neighborhood Center District), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT-7nNiceKPxorcxnes,LLC(AZll-001) PACElOF12 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 7r' day of February, 2012, has approved the Findings of Fact and Conclusions ofLaw as set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer toenter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deems it to be in his best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Properly is developed and the subsequent use ofthe Property is in accordance with the terms and conditions of this development 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 re-zoning designation is in accordance with the amended Comprehensive Plan of the City ofMeridian adopted on April 19, 2011, Resolution Noll-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, 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: DEVELOPMENT AGREEMENT-JnN~ceK PROaeaT~rs, LLC (AZ II-0 DI) PACE20F 12 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 Janicek Properties, LLC, whose address is 270 E Connemara Lane, Eagle, ID 83616, the party that owns and is developing said Property and shall include any subsequent owner(s) or 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 described in Exhibit A describing the parcels to be annexed and zoned C-C (Community Business District) and TN-C (Traditional Neighborhood Center District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B-2 and § 11-2D-2. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. Except as otherwise prohibited in this Agreement, any uses added to the applicable zone by any future amendment of the UDC shall be allowed on the Property. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The subject property shall be subdivided prior to submittal ofthe first Certificate of Zoning Compliance application. 3. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 201 1, attached as Exhibit B of the Staff Report. DEVELOPMENT AGREEMENT-JAN~cex PROeeanes, LLC (AZ II-0Oq PAOe30F 12 4. The following use restrictions shall apply to the portion of the property proposed to be zoned C-C: ["(-)" prohibited; "(P)"permitted; "(A)" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) except on the south side of the east/west collector from Ten Mile Road (P) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 5. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan. The plan shall incorporate the following elements on the portion of the property proposed to be zoned C-C: a. Integration of the three major use categories -residential, commercial, and employment. Residential development shall comprise at least 20% of the site. Mixed use, compact development should include small scale office, retail, restaurants, recreational, personal services, public or quasi-public, churches, multi-family dwellings, and employment uses consistent with the purpose statement of the Mixed Use Residential and Mixed Use Commercial land use designations of the TMISAP. b. An internal street system designed on a grid pattern or interconnected system with stubs provided to adjacent properties. Street section designs shall be consistent with those identified in the TMISAP. Alleys and lanes may be permitted. c. Traditional neighborhood design concepts as detailed in the TMISAP that at a minimum, incorporate the following: higher density buildings close to the street; narrower streets to slow traffic; parking lots behind or under buildings; residences with porches or balconies facing the street. d. A transition in uses to the adjacent residentially zoned and designated properties to the north and west. e. Vertically integrated and multi-family residential uses with an overall target density of 8-12 dwelling units per acre, with a maximum density of20 units per acre. DEVELOPMENT AGREEMENT-J~N~ceKPaoaeaT[ES, LLC (AZ II-001) PncE40F 12 f Multi-family development shall incorporate a variety of building designs including but not limited to those that replicate row houses and brownstones. Live-work units are strongly encouraged. g. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road and the easUwest collector road maybe three (3) stories. h. Buildings built to the edge of public rights of way. i. Buildings designed to "hold corners" rather than parking lots. j. Integration of plaza, pocket parks and other public spaces in site design. k. Building location and design oriented toward and/or connected to open space and/or public space. 6. A lineal park area consistent with the TMISAP that incorporates amulti-use pathway along the Purdam Drain shall be provided on the site consistent with the Master Pathways Plan. 7. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the northeast side of the subject property. The owner/developer shall install mains to and through the development, 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 then alternate materials shall be used in conformance with City of Meridian Public Works Department standard specifications. 8. Water service to this property will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to instal] water mains to and through the property at the time of development, and coordinate main size and routing with Public Works. 9. The owner/developer agrees to utilize the City ofMeridian's Class "A"Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department and approved by Nampa & Meridian Irrigation District. 10. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. DEVELOPMENT AGREEMENT-JnwceK Peoeeanrs, LLC (AZ l1-Ol)l) PnaE50F 12 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners ofthe 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 ofwritten 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 ofany 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 ofthe same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification ofthis Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance ofany 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. DEVELOPMENT AGREEMENT-J~aN~cEKPaoveanes, LLC (AZ II-ODI) Pnce60F 12 7.5 Waiver. A waiver by Ciry of any default by Owner/Developer of any one or more ofthe 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 ofthe Properly 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 either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the Ciry shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. l 1. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian Ciry Code § 11-5-C, to insure that installation ofthe improvements, which the Owner/Developer agrees 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. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions ofLaw, this Development Agreement, and the Ordinances of the Ciry of Meridian. 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: DEVELOPMENT AGREEMENT-Jau~ceKPeorear~es, LLC (AZ II-001) Pnce70F 12 CITY: Ciry Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney Ciry of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: Janicek Properties, LLC 270 E. Connemara Lane Eagle, ID 83616 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 ofthis section. I5. 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 competentjurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture ofthis 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 bindingupon 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 of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation ofthe Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination ofthis Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: Ifany provision ofthis Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this DEVELOPMENT AGREEMENT - JANICEK PeoreaT~es, LCC (AZ 11-001) Pace 8 OF 12 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. 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/Developeravd City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing re-zoning ofthe 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. 21. 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. DEVELOPMENT AGREEMEN'C-SAmceK PxoreRTiFS, LLC (AZ II-0 QI) PACa90E 12 ACKNOWLEDGMENTS IN W ITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. JANICEK PROPERTIES, LLC By: BraTJa ' ,Member JANICEK PROPERTIES, LLC By: L uAnn Ja 'cek-Rhode, Member CITY OF MERIDIAN By: i G~-c~~~~J~ Mayor T y de Weerd DEVELOPMENT AGREEMENT-lamceK Peorerzrirs, LLC (AZ 11-OOq PAGE 10 OF 12 STATE OF IDAHO, ) ss County of Ada ) On this ~ day of~_, 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared BRAD JANICEK known or identified to me to be a member of Janicek Properties, LLC who executed the agreement on behalf of said LLC, and acknowledged to me that he 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. ,•JJ P .••.......•.~9 (SEAL) :•••~OTARJ-•; • ~.~ e , • ,p :' UB LIG ; Notary ublic/f~o~r Idaho Residing at: ~/ 1 My Commission Expires: STATE OF IDAHO, ) ss County of Ada ) On this ("~ ' day of u'~ , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared LOUANN JANICEK-RHODE known or identified to me to be a member of Janicek Properties, LLC who executed the agreement on behalf of said LLC, and acknowledged to me that she 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. ,~•..~` •••••.....••fl , 9 (SEAL) ~~ 1.1oTgRr •Z ~.~ S :N•;AUBLtC ;• . ~ ••. : • ~'•~'9T~••.....•• ~O •: ~ `-' Notary P blic for Idaho Residing at: My Commission Expires: DEVELOPMENT AGREEMENT-J~N[ceKPeoreaT~es, LLC (AZ II-OQI) Pace II OF 12 STATE OF IDAHO ) County of Ada ss On this 24 day of , 2012, before me, a Notary Public, personally appeared Tammy de Weerd an Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, ofthe City ofMeridian, who 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. 51CT aR~'~'' (SEAL) . ~j ~'p ~ ;cP `, .5~~ ~; . G ~ o• ntlBS.ti 'Q`Z`. '~~''~'rF of ;~•• ,. NotdYy Publi~~ Residing at: MerrdtAvt I~ Commission expires: ~~cvn C/ , afll [1 DEVELOPMENT AGREEMENT-7nN~ceKPROaesrms, LLC (AZ 11-0 D1) P~aa 120F 12 December 22, 2011 DESCRIPTION FOR JANICEK PROPERTIES LLC PROPOSED C-C ZONING A parcel of land located in the NE'/a of Section I5, T.3N., R.1 W:, B.M., Ada County, Idaho; more particularly described as follows: Commencing at the southeast wrner of the NE 1/4 (the East''/a corner) of said Section 1 S, the REAL PODVT OF BEGINNING of this description, from which the Northeast comer of said Section 15 beazs North 00°33'38" East, 2658.23 feet; Thence North 89° 14'44" West, 1745.49 feet along the south line of the NE % to a point; Thence North 00°4S' 16" East, S6.S7 feet to a point; Thence North 24°45'24" West, 115,33 feet to a point; Thence North 16°24'52" West, 98.83 feetto a point; Thence North 04° 14'44" West, 80.93 feet to a point of curvature; Thence 342.50 feet along a curve to the right, said curve having a central angle of 20°20'07" radius of 965.00 feat, aad a long chord which beazs North OS°SS'20"East, 340.70 feet to a point of reverse curvature; Thence 449.41 feet along a curve to the left, said curve having a ceatral eagle of 24°S2'43", a radius of 1035.00 feet, and a long chord which bears North 03°39'01" East, 445.89 feet to a point of reverse curvature; Thence 187.93 feet along a curve to the right, said curve having a central angle of 09°14'33", a radius of 1165.00 feet, and a long chord which beats North 04°10"03" West, 187.72 feet to a point of tangency; Thence Norih 00°27' 13"East, 21.59 feet to a point on the north line of the S W %. of the NE'/e; Thence South 89° 1 S'OS" East, 469,06 feet along the north line of the S W '/, of the NE'/. to the northeast corner ofthe S W %a of the NE ''/,; Thence South 89°15'OS" East, 1320.97 feet along the north line of the SE %, of the NE'/. to the northeast comer of [he SE %. of the NE %a; Thence South 00°33'38" West, 1329.t 1 feet along the east line of the SE'/a of the NB % to the POINT' OE BEGINNING. Containing 54.66 acres, more or less. gf=Vl ~1 PRdVAL BV __ ~~B ~ 4 2011 NAEIIdit~N PUBLIC 1~(dPt4Ya~ i~PT. 904L8VAMCEK (GC)_DES.DOC Decembet22, 2011 DESCRIPTION FOR dANICEK PROPERTIES LLC PROPOSED TN-C ZONING A parcel of land located in the NE'/s of Section I5, T.3N., R.1 W., B.M., Ada County, Idaho, more particularly described es follows: Commencing at the southeast comer of the NE 1/4 (the East %. comer) of said Section 15, from which the Northeast corner of said Section 15 bears North 00°33'38" East, 2658,23 feet; Thence North 89°14'44" West, 1745.49 fee[ along the south line of the NE %. to the REAL POWT OF BEGINNING of this description; Thence North 89°14'44" West, 897.69 feet along said south line to the southwest comer of the SW '/a of the NE '/. (the Center %x comer of said Section 15); Thence North 00°36'51" East, 1328.84 feet along the west line of the SW'/ of We NE'/, to the northwest comer of the S W '/a of the NE 114; Thence South 89° 15'05" East, 851.90 feet along the north line of the S W '/. of the NE %. to a point; Thonce Sauth 00°27' 13" West, 21.59 feet to a point of curvature; Thence 187.93 feetalong a curve to the left, said curve having a central angle of 09°14'33", a radius of 11(.5.00 Feet, and a long chord which bears South 04°10'03" Easy, 187.72 feet to a point eY reverse curvature; Thence 449.41 feet along a curve to the right, said crave having a central angle of 24°52'43", e radius of 1035.00 feet, and a long chord which beers South 03°39'01" West, 445.89 feet to a point of reverse curvature; Thence 342.50 feet alon8 a curve to the left, said calve having a cetrtral angle of 20°20'07", a radius of 965,00 feet; and a long chord which bears South US°55'20" West, 340J0 feet to a point of tangency; Thence South 04° 14'44" East, 80.93 feet to a point; Thence South 16°29'52" Eaat, 98.83 feet to a point; Thence South 24°45'24" East, 115.33 feet to a point; Thence South 00°45' 16" West, 56.57 feet to the POINT OF BEGINNING. Containing 25.96 acres, more or less. REVI ~ R~~- BY FEH 2 4 2012. M WORKS DEPT. C 90418VAN[C6K (TN-C)_DES.DOC EXHIBIT A STAFF REPORT Hearing Date: December 6, 2011 TO: Mayor & City Council E IDR~~~ FROM: Sonya Wafters, Associate City Planner l l) A B t) 208-884-5533 SUBJECT: AZ-11-001 -Ten Mile Annexation I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicants & property owners, Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC, have applied to annex and zone a total of 116.25 acres of land with a C-G zoning district. The applicant has submitted a conceptual layout for collector streets within the site based upon the transportation system map in the Ten Mile Interchange Specific Area Plan (TMISAP). Neither a conceptual development plan for the overall site nor for the individual properties has been submitted. See Section ZO of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends denial of the proposed AZ application and zoning as proposed by the applicant based on the Findings of Fact and Conclusions of Law in Exhibit D. In the alternative, staff has proposed other zoning that could be supported. (See analysis in Sections VII and IX for more information.) The Meridian Planning & Zoning Commission heard these items on July 21, and September 1, 2011 At the public hearine on September 19` the Commission moved to recommend denial of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Becky McKay. Engineering Solutions ii. In oanosition: None iii. Commenting: Chris Penland iv. Written testimony: Brad Boe; Kevin Shreeve; Richard & Patsy Fedrizzi v. Staff presenting application: Sonya Waters vi. Other staff commenting on application: Pete Friedman b. Kev Issue(sl of Discussion by Commission: i. The consistency of the aronosed C-G zoning in regard to the intent of the ii. The aparopriateness of C-G zoning directly adjacent to residential without a development plau (no transition in zoning/uses). c. Kev Commission Chanee(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on December 6 and 20.2011 and .Tanuarv 17. 2012 At the public hearine nn January 17.2012. the Council aonrnved the subject AZ request, a, Summary of Citv Council Public Hearin: L In favor• Becw Nr^u~., e,...r^ant°c Ren_rese_nt_at_i_vP_: T.onann.Tanicek ii. In opposition: None iii. Commentine: None Ten Mile Annexation AZ-11-001 PAGE 1 EXHIBIT A jy, Written testimony Be ckv McKav Anolicant'c Neo_recentative y, S aff or c ntin aonli cation: Snnva Wafters YL Other staff commenti ng nn aonlication: Caleb Nond It, Kev icsues of Discussion b y Council: y The reanirement for r estrictions nn the size of buildine fnotnrints in the C-C zonin¢ district ~, . Kew !'~nnc8 Chances to S taff/Commission Recommendation j, Remove the restrictio maximum building fo n nn each of the develoom .n a r m _n c r ardin the otprint allowed in the C-C znnine district. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number AZ-11- 001, aspresented during the hearing on December 6, 2011. Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number AZ-11-001, as presented in the staff report for the hearing date of December 6, 2011, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Number AZ-11-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the northwest corner of I-84 and S. Ten Mile Road and extends to'/a mile south of W. Franklin Road on the west side of Ten Mile, in the east''/z of Section 15, Township 3 North, Range 1 West. (Ada County Assessor Parcel #'s: S 1215131200; S 1215417210; 51215417400) Owner(s): Janicek Properties, LLC 270 E. Connemara Lane Eagle, 1D 83616 Fedrizzi Ten Mile, LLC 3026 S. Whitepost Way Eagle, ID 83616 SJJV, LLC 360 E. Montvue Drive, Ste. 100 Meridian, ID 83642 C. Applicant: Same as owners D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Meridian, ID 83642 Ten Mile Annexation AZ-I 1-001 PAGE 2 EXHIBIT A E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: July 4, and 18, 2011 (Commission); September 12, and 26, 2011 (City CounciA C. Notices mailed to subject property owners on: July 23, 2011 (Commission); September 8, 2011 (City Council) D. Applicant posted notice on site(s) on: July 11, 2011 (Commission); September 24, 2011 (Gifu Council VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of agricultural property currently zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Agricultural land [approved for future residential uses (Baraya Sub.)], zoned R-8, R- 15, and R-40; and agricultural land, zoned RUT in Ada County. 2. East: Agricultural land, zoned RUT in Ada County. 3. South: Interstate 84; and agricultural land [approved for future commercial, employment, and residential uses (Meridian Crossing)], zoned R-40, C-C, M-E, and H-E. 4. West: Agricultural land [approved for future commercial, employment, and residential uses (Meridian Crossing)], zoned R-40, C-C, M-E, and H-E. C. History of Previous Actions: None for the subject property. Other properties/projects in the Ten Mile area that have been zoned consistent with the FLUM designation contained in the TMISAP are as follows: • Meridian Crossing (AZ-09-008) -This property consists of 115.26 acres and was annexed with C-C (48.59 acres); H-E (27.27 acres); M-E (22.57 acres); and R-40 (16.83 acres) zoning consistent with the FLUM designations of MHDR, MUG, HDE, and ME. • Baraya Subdivision (AZ-06-061) -This property consists of 95.57 acres and was annexed with R-8 (28.17 acres), R-15 (54.13 acres), and R-40 (13.26 acres) zoning consistent with the FLUM designations of MDR, MHDR, and HDR. • Silver Oaks aka Avendale Apartments (AZ-OS-016) -This property consists of 24.61 acres and was annexed with R-l5 zoning consistent with the FLUM designation of MHDR. • Southridge 31 (AZ-08-016) -This property consists of 36.27 acres and was annexed with M- Ezoning consistent with the FLUM designation of ME. • Southridge (AZ-06-031, RZ-08-008, AZ-09-009) -This property consists of 300+ acres and is zoned R-2, R-4, R-8, TN-R, TN-C, L-O, C-C, and M-E and consistent with the FLUM designations of MDR, MHDR, MUG, PARK, CIVIC, and ME. • Barletta Subdivision (AZ-10-002) -This property consists of 5.94 acres and was annexed with Rl zoning consistent with the FLUM designation of LDR. Ten Mile Annexation AZ-11-OOl PAGE 3 EXHIBIT A D. Utilities: 1. Public Works: a. Location of sewer: 36 inch sewer trunk main located near the Purdam Drain on the North East side of the subject property. b. Location of water: Ten Mile Rd and W Franklin Road. c. Reclaimed water is available to this site and located in S Ten Mile Road. d. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Purdam Drain bisects the northern parcel (Janicek's property) and extends to Ten Mile Road across the northern portion of the Fedrizzi property; other smaller ditches/canals traverse the property. 2. Hazards: Staff is not awaze of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is located in the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP). The TMISAP focuses on developing an area that has an identity of its own but which links to nearby developments. The plan emphasizes the community's support for higher densities and mixed uses to create a vibrant and economically strong city. The plan also stresses the community's commitment to good site planning and design as a means of establishing a place everyone can be proud of and one that protects the interests of future businesses and residents (pg. ix). The Future Land Use Map (PLUM) contained in the TMISAP collectively designates the subject properties for Medium High Density Residential (MHDR), Mixed Use Commercial (MUC), Mixed Use Residential (MUR), Green Space and Parkland (PARK), and High Density Employment (HDE) uses. The designations for the individually owned parcels aze broken down as follows: Janicek property (northern 80.62 acre parcel): MUR (40.7 +/- acres); MHDR (2.22 +/- acres); MUC (30.17 +/- acres); and PARK (6.8 +/- acres) Fedrizzi Ten Mile property (central 5.11 acre parcel): HDE (2.14 +/- acres); MUC (1.04 +/- acres); and PARK (1.77 +/- acres) SJJV property (southern 30.52 acre parcel): HDE (28 +/- acres); MUC (5 +/- acres) The applicants propose to annex all three of the subject properties with a C-G (General Retail and Service Commercial) zoning district. The C-G district represents the largest scale of the commercial districts and allows the broadest mix of retail, office, service, and light industrial uses. Staff is of the opinion this designation is more appropriate in areas with a Commercial or Lifestyle Center PLUM designation because of the more intense types of commercial uses desired in those areas and does not support C-G zoning of the property. Staff has included analysis below on each of the PLUM designations for this site and has recommended a zoning district that staff believes is compatible with the associated land use designation and the TMISAP for this area. Consistent with sound planning principals, future zoning should be consistent with the future land use designations of the Comprehensive Plan. Staff is of the opinion the integrity of the Plan should not be modified to address what may be perceived as the highest and best use of individual properties. Ten Mile Annexation AZ-I 1-001 PAGE 4 EXHIBIT A Consistent with past land use decisions in the Ten Mile planning area, zoning of the property should be consistent with the FLUM (see Section VI.Cfor details). LAND USE DESIGNATIONS: MHDR: These areas are recommended primarily for relatively dense multi-family housing types such as row houses, townhouses, condominiums, and apartment buildings and complexes. MHDR areas should include a mix of housing types that achieve an overall average target density of 12 dwelling units per gross acre with a range from 8-15 units per acre. (See pages 3-6 & 3-7 in the TMISAP for more information.) The FLUM designates approximately 2.22 acres at the northwest corner of this site for MHDR uses. The adjacent property to the west is zoned R-40 and is intended to develop with a mix of apartments, condos, and townhomes; the adjacent property to the north is zoned R-l5 and intended to develop with single family residential uses (townhomes &alley-loaded lots), consistent with the MHDR designation. The use of the subject property was intended to tie in with these properties but is separated on the west by the Purdam Drain, a year round waterway that is proposed to remain open, as weld as a strip of land designated for PARK uses that is intended to include a section of the City's multi-use pathway. The applicant proposes C-G zoning for this property which requires conditional use approval for multi family developments and prohibits single family attached, two family duplex, and townhouse dwellings -all desired uses in the MHDR category. As mentioned above, Staff recommends an alternative to the C-G zoning proposed by the applicant that staff is of the opinion is more appropriate for this area. The TN-C zoning district allows all of the aforementioned uses as principal permitted uses, except two family dwelling duplexes which require conditional use approval. Because of the small size of the MHDR designated property and the physical separation of this property from the property to the west by the Purdam Drain, staff feels it more appropriate to zone this portion TN-C (rather than R-40 or R-I5, or the C-G district in which all residential uses except multi family are prohibited) consistent with Staff's recommended zoning of the adjacent MUR designated property to the east. Development on this portion of the site should be compatible with the planned residential uses to the north and west. MUR: These areas are intended to encourage a diversity of compatible land uses that may include a mix of residential, office, retail, recreational, employment, and other miscellaneous uses. While the focus of these areas is on residential uses, the horizontal and vertical integration of retail, office and employment uses is essential to securing entitlements. Developments are required to integrate the three major use categories -residential, commercial, and employment. Live-work units are strongly encouraged in MUR areas as are a variety of other housing types. Office, employment and commercial areas are generally small in scale and focused on neighborhood services within these areas. Traditional neighborhood design concepts are essential. The mix of uses should allow for a diversity of housing with for-sale and rental properties. The goal in these areas is to achieve a FAR of 0.75 or more. This land use designation calls for an overall target density of 8-12 dwelling units per acre, with higher densities allowed on individual projects. The FLUMdesignates approximately 40.07 acres of this site for MUR uses. The adjacent property to the north is designated for HDR (High Density Residential) uses; a portion of which is zoned R-40 and the remainder is yet to be annexed. The property to the northwest is designated for MHDR uses and is zoned R-1 S & R-40. Again, the applicant proposes C-G zoning for this property which requires conditional use approval for multi family developments and prohibits single family detached/attached, two family duplex, and townhouse dwellings -all essential uses in the MUR category which focuses on residential uses. Ten Mile Annexation AZ-I 1-001 PAGE 5 EXHIBIT A Vertically integrated residential projects are principally permitted in the C-G district. Office, employment and commercial areas in the C-G district are not limited in scale and are not focused on neighborhood services as desired in MUR areas. Additionally, maximum building height in the C-G district is 65 feet, which could result in larger scale commercial uses than desired in MUR areas as office, employment and commercial uses are generally small in scale and focused on neighborhood services within MUR areas. The TN-C district allows all of the aforementioned uses in addition to office and retail uses as principal permitted uses; two family dwelling duplexes and recreational facilities require conditional use approval. Because the focus in MUR areas is on residential uses and most residential uses are either prohibited or conditional uses in the C-G district, Staff is of the opinion the TN-C district is more appropriate and consistent with the MUR designation and the intent of the TMISAP for this area. Also, the maximum building height in the TN-C district is 45 feet and the maximum building footprint is 20, 000 square feet; however, other than retail, all other uses may be allowed a greater footprint through the conditional use process -this helps to limit the scale of development & directs the focus to neighborhood services rather than larger scale commercial uses within these areas. Finally, the zoning district compatibility matrix contained in the TMISAP lists the TN-C district as the best zoning choice for MUR designated areas. Therefore, staff recommends a TN-C zoning district for all of the MUR designated area. MUC: These azeas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi-family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. Traditional neighborhood design concepts with a strong pedestrian- oriented focus are essential. The goal in these azeas is to achieve a floor area ratio (FAR) of 1.00-1.25 or more. The MUC designation calls for an overall target density of 8-12 dwelling units per acre, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MUC designation should be used for residences. (See page 3-9 in the TMISAP for more information.) The FLUMdesignates approximately 36.21 acres of this site for MUC uses. The adjacent property to the west and south, also designated MUC, is zoned C-C and is proposed to develop with ground level retail with residential above consistent with the MUC designation. The applicant's proposed C-G zoning of this property allows office, retail, vertically integrated residential projects, and recreational facilities as principal permitted uses in the district but requires conditional use approval of multi family developments and prohibits single family attached residential uses -important components of MUC designated areas as they provide an essential mix of uses and support the commercial uses. The TN-C district allows all of the aforementioned uses as principally permitted uses except for recreational facilities which require conditional use approval. The zoning district compatibility matrix contained in the TMISAP lists the TN-C district as the best zoning choice for MUC designated areas. For these reasons, staff recommends a TN-C zoning district for all of the MUC designated area north of the % mile collector street. The boundary of the TN-C zone should go to the centerline of the proposed collector street (see ExhibitA.2). (Note: There is small strip of land at the southwest corner of the .Zanicek property that is between the subject property and the road that is zoned C-C. The zoning of this area should be "cleaned up" by rezoning the area to TN-C to the centerline of the road if a rezone is submitted in the future for the Meridian Crossing property.) Ten Mile Annexation AZ-ll-001 PAGE 6 EXHIBIT A The C-C district is very similar to the C-G district in that it allows (& prohibits) all of the same uses listed above for the C-G district that are desired in the MUC area but allows slightly less intense uses overall than the C-G district. The property to the west of the SJJV property is zoned C-C. The zoning district compatibility matrix contained in the TMISAP lists the C-C district as a possible zoning choice for MUC designated areas. To add variety in development potential for the site, staff recommends the area on the south side of the proposed % mile collector road be zoned C-C from the south boundary of the Fedrizzi parcel north to the centerline of the proposed collector road and west from the Fedrizzi property to the location of the stub street at the west boundary of the SJJV property along the frontage of the collector street in the approximate configuration shown in ExhibitA.2). This will bisect a portion of the SJJV property with two zones in the area where the property should eventually be divided by the extension of the stub street to the east. Zoning this portion of the site C- C is consistent with the adjacent C-C zoning and the MUC designation. HDE: These areas are recommended as predominantly office, research and specialized employment areas; and generally do not include retail and consumer service uses serving the wider community. Limited retail and service establishments primarily serving employees and users of the HDE areas are encouraged. HDE areas should provide a variety of flexible sites for small, local or start-up businesses, as well as sites for large national or regional enterprises and should be designed to encourage multimodal travel and convenient circulation to supporting services located within the area. Whenever possible, HDE areas should provide restaurants, lodging and other services in support of the employment uses. Land use types in HDE areas include corporate, business and professional offices, research facilities and laboratories with complementary uses primarily serving district employees and users, such as business services, conference centers, child care, restaurants, convenience retail, and hotels and motels. It is anticipated that buildings will range in height from 1-6 stories, have total floor areas of 10,000-1,000,000 square feet, and that the FAR will exceed I.O. Designs that promote open space and parks are strongly encouraged. Structured parking is also allowed. (See page 3-11 of the TM[ASP for more information.) The FLUMdesignates approximately 30.14 acres on this site for HDE uses. The applicantproposes a C-G zoning district, which allows the broadest range of commercial uses including offices, research and development facilities, retail, restaurants, hotels/motels, and consumer service uses. In the C-G district, these uses are not limited to primarily serve employees & users of the area as intended in the HDE designation; uses in the C-G district are intended to serve the wider community. This development pattern has the potential to diminish or under utilize the area that is envisioned as a prime economic development driver for the City. Additionally, the maximum building height allowed in the C-G district is 65 feet which may not allow for the fold build out potential desired in the HDE designation. The H-E zoning designation was implemented after the adoption of the TMISAP specifically for HDE designated areas and accommodates the desired uses in the scope and manner intended for this area. H-E zoned areas are intended to be located in close proximity to federal and state highway interchanges and major arterials. The subject property abuts Interstate 84 on the south and S. Ten Mile Road, an arterial street, on the east. The maximum building height in the H-E district is 95 feet allowing for maximum number of stories allowed within the HDE designation. Additionally, the H-E district Zimits retail and restaurant uses as accessory uses to the principal permitted uses on the site as desired in HDE areas. For these reasons, staff recommends the HDE designated property is zoned H-E consistent with the intent of the HDE designation. PARK: Parks and public recreational facilities are located convenient to the neighborhood, community or regional populations that they are intended to serve, where the land is suitable for the planned activities. Convenient access to neighborhood parks should be provided by local streets, Ten Mile Annexation AZ-11-001 PAGE 7 EXHIBIT A sidewalks, and bicycle and pedestrian pathways and trails, with a reasonably direct route available from most neighborhood locations. Adequate vehicle parking and pedestrian and bicycle support facilities, such as benches, lockers, and bike racks, should be provided. Narrow open space corridors are recommended locations for pedestrian or bicycle pathway connections. The FLUM designates a relatively narrow strip of land, approximately 140 feet wide for PARK uses that bisects the Janicek property and runs along the northeast boundary of the Fedrizzi property to Ten Mile Road. The area consists of 8.57 acres and is designated on the Meridian Pathways Network Map contained in The Meridian Pathways Master Pdan to contain a section of the City's multi-use pathway system. The planned pathway will provide a pedestrian & bicycle connection to adjacent residential, commercial, and employment uses when constructed. This open space area will also provide a convenient recreation area for adjacent residential uses as well as commercial & employment uses within the development. Because there is not a specific zoning designation for PARK designated land, staff recommends the area is zoned the same as the adjacent land. TRANSPORTATION: The transportation component of the TMISAP specifies future through- connections as they relate to the overall transportation network and collector street network. Interconnectivity is a hallmazk of the plan with the intention of having a sound understanding of the street alignments rather than creating alignments based on case by case development applications. Street design elements integrate walking, biking, transit, driving, and delivery routes. Conceptual renderings depict streetscape improvements, commercial, civic and mixed use areas as they relate to the overall use and development concept (pg. ix). The Land Use Map and Transportation System Map contained in the TMISAP identify a conceptual collector street network for the Ten Mile planning azea. Staff has reviewed these maps in relation to the applicants' proposed street network for the site and found it to be consistent with these maps. The street network plan proposed by the applicant includes anorth/south street through the SJN property that runs along the west boundary of the Fedrizzi property that is not shown on the maps; however, staff is supportive of this street as it will provide a connection between the two future east/west collector streets. After discussion with the owners' representatives, City staff reviewed the analysis, proposed right-of- way alignments, and accesses contained in the Ten Mile Interchange Commercial Traffic Analysis dated February 15, 2011 prepared by Dobie Engineering, for consistency with the TMISAP. Mr. Pete Friedman, Deputy Planning Director issued a letter dated March 14, 2011 regarding his review, included in Exhibit A.3. In summary, in absence of specific development plans, the City is in general agreement with the assumptions of the study and some of the proposed access points, but is of the opinion that other accesses should be determined when specific development plans are proposed. The access points that Staff is in general agreement with are circled in red on the map included in Mr. Friedman's letter (see Exhibit A.3). The access depicted as #5 should be moved to the property line; the access depicted as #3 to Ten Mile Road should only be an emergency access if approved by ACHD. As previously stated, all other accesses should be determined at a later date with a specific development plan. Gary Inselman, ACHD, also issued a letter dated March 17, 2011 in regard to his review of the traffic analysis and proposed access points (see Exhibit A.5 for more information). [n summary, ACHD has not approved a signal, nor will they consider approving a signal at this time for the north access road to Ten Mile on the southern portion of the Carney property; the accesses shown on the north and the north/south collectors conform to ACHD standards & would be approved; the direct access to Ten Mile Road via the Fedrizzi property does not conform to ACHD standards & would not be considered -emergency access only would be considered if required by the City; the access to the street shown at the west side of the Fedrizzi property conforms to ACHD policy & would be approved; the access points shown on the south collector generally conform to ACHD policy but ACHD will withhold Ten Mile Annexation AZ-1 I-001 PAGE 8 EXHIBIT A comment on the function & operation of the accesses until additional information that was requested is provided; the proposed right-of--way layout appears to be sufficient for the proposed roadways, however a more detailed review of the required right-of--way for the various roadway segments by ACRD and the City is suggested before legal descriptions are prepared. Approval of any access points will be contingent upon the parcels developing consistent with the land use assumptions within the TMISAP and are subject to change or modification if the proposed land uses and/or traffic conditions change in the future. All future development of the parcels will be subject to the ACRD policy in effect at the time the application is received by ACRD. DESIGN: The TMISAP emphasizes density and mix of uses along with the quality of the built environment. Recommendations on the location and design of building frontages and limits on building heights play an integral role in the future evolution of the Ten Mile Interchange Area. The location, scale, form, height, and design quality of public and private buildings directly affect the Ten Mile Interchange Area's success as a great place to live, work and raise a family (pg. 3-31). MUR: All development within this category should incorporate traditional neighborhood design concepts in accord with the TMISAP such as higher density buildings close to the street, easy pedestrian access, narrower streets to slow traffic, parking lots behind or under buildings, and residences with porches or balconies facing the street. MUC: All development within this category should incorporate traditional neighborhood design principles and concepts in accord with the TMISAP (see MUR above). A strong pedestrian- oriented focus is essential in this area. HDE: All development within this category is strongly encouraged to incorporate designs that promote open space and parks. Structured parking is also allowed. GOALS, OBJECTIVES, & ACTION ITEMS: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • Implement the City's Pathways Master Plan to provide a bike and pathways system between neighborhoods, local collectors, and community destinations. (Chapter 6, pg. 83) A section of the City's multi-use pathway system is designated on this property in the area designated for PARK uses in the City's Master Pathways Plan. This pathway will provide pedestrian and bicycle connectivity to and through this development. • Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter 3, pg. 45) This property is contiguous to other properties already annexed into the City. Urban services can be provided to this property upon development. • Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning; use COMPASS' Access Management Toolkit. The primary purpose of the subject annexation is to ident~ and establish a street network system in this area to facilitate development of the Ten Mile Interchange area. Staff has reviewed the proposed street network in relation to the Transportation System Map contained in the TMISAP and found it to be consistent with the plan. The City, along with ACHD, has provided a response to the Ten Mile Interchange Commercial Traffic Analysis (see Exhibit A for more Information). Ten Mile Annexation AZ-I I-001 PAGE 9 EXHIBIT A • Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. (Chapter 3, pg. 48). The multi-use pathway planned through this property will link to a pathway northwest of this site in Baraya subdivision which will contribute to the goal of providing neighborhood connectivity through the City's pathway system. • Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. A mix of residential uses is required to be provided in MHDR, MUR & MUC designated areas. The zoning proposed by staff will allow for a variety of residential uses to be developed within this site. • Provide housing options close to employment and shopping centers. (Chapter 3, pg. 54) The southern portion of this site is designated for HDE uses. In close proximity to the north, a mix of residential uses is required within the MHDR, MUR, & MUC designated areas. • Improve and protect creeks throughout commercial, industrial, and residential areas (Chapter 5, pg. 69) Although not a creek, the Purdam Drain crosses the subject property and is a year round waterway. This waterway wild remain open but will be piped at vehicular crossings. The area where the drain is located is designated to develop with PARK uses and will be improved as an amenity. In summary, Staff is of the opinion the proposed C-G zoning is not consistent the with the land use designations contained in the TMISAP and the overall plan for the Ten Mile area for the reasons stated above. As an alternative to denying the application, staff has provided recommendations on zoning that staff feeds is more appropriate for this area. The collector street network plan submitted by the applicants is determined to be consistent with the transportation plan contained in the TMISAP. VIII. UNIFIED DEVELOPMENT CODE (UDC) (Staff has included details in italics below pertaining to staff's recommended zoning of the property.) A. Purpose Statement of the Districts: • The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (UDC 11-2B-1). • The purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity of each other, and it provides for the daily recreational and shopping needs of the residents (UDC l ]-2D-I). B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and Ten Mile Annexation AZ-1 l-OOl PAGE l0 EXHIBIT A prohibited (-) uses in the proposed C-G zoning district. Any use not explicitly listed is prohibited. UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the staff recommended C-C & H-E zoning districts. UDC Table 11-2D-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the TN- C zoning district. Any use not explicitly listed is prohibited. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the proposed C-G zoning district pertain to development of this site if the proposed AZ is approved. The dimensional standards listed in UDC Table Il-2B-3 for the C-C and H-E districts, and UDC 11-2D-5 for the TN-C zoning district apply to this site if the zoning recommended by staff is approved. D. Landscaping: If the proposed AZ is approved, street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2B-3 for the proposed C-G district. Parking lot landscaping shall be installed in accordance with the standards listed in UDC L 1-3B-8C. Landscape buffers to adjoining residential uses shall be installed in accordance with the standards listed in UDC 11- 3B-9C and Table 11-2B-3. Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2B-3 for the proposed C-C and H-E districts. Parking lot landscaping shall be installed in accordance with the standards listed in UDC 11-3B-8C. Landscape buffers to adjoining residential uses shall be installed in accordance with the standards listed in UDC 11-3B-9C and Table 11-2B-3. (The UDC does not currently include landscape reguirements for street buffers or buffers to adjoining residential uses in the TN-C district) E. Off-Street Parking: If the proposed AZ is approved, non-residential uses require one off-street parking space for every 500 square feet of gross floor area and parking areas are required to be designed in accordance with the standards listed in UDC i 1-3C-5. Additionally, one bicycle parking space is required to be provided for every 25 proposed vehicle parking spaces, or portion thereof, in accordance with the standards listed in UDC 11-3C-SC. For residential uses, the required number ofoff-street parking spaces varies according to the number of bedrooms per unit (see UDC Table 11-3C-6 for more information). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The Applicant requests approval to annex a total of 116.25 acres of land, consisting of three parcels owned by three different property owners, with a C-G zoning district. The property is collectively designated on the FLUM contained in the TMISAP for MUR, MUC, MHDR, PARK, and HDE uses. Overall, development in this area should integrate the three major use categories: residential, commercial, and employment and contain a variety of residential housing types, commercial uses, offices, retail, recreational facilities, employment, and other miscellaneous uses. Based on the TMISAP, Staff is of the opinion the requested C-G zoning of the site is not consistent with the FLUM designations contained in the Plan for this area and the overall plan for the Ten Mile area for the reasons stated above in Section VII. In addition, no conceptual development plans have been provided. If the applicants wish to proceed with the C-G zoning district, Staff recommends denial of the subject AZ application. Note: Staff discussed other Ten Mile Annexation AZ-1 I-001 PAGE 11 EXHIBIT A zoning options with the applicant's representative, during the pre-application meetings that are consistent with the FLUM,~ however, the applicants wished to proceed with the C-G request despite Staff's recommendation. Note.• As an alternative to denial of the AZ application, staff has provided a recommendation for zoning of this property contained in the analysis in Section VII above that stafffeels is more appropriate for this area and is consistent with the FLUM(see zoning map recommended by staff in Exhibit A.2). If the applicants are agreeable to the zoning proposed by staff and want to proceed forward with a favorable recommendation, staff recommends the Commission continue this application to a later meeting in order for staff to draft development agreement (DA) provisions, amend the findings, and prepare a recommendation for approval. The applicant would also be required to submit revised legal descriptions based on the zoning boundaries recommended by the Commission. Because a plat is not proposed at this time that depicts the exact location of roads and lots within the development, staff recommended zoning district boundaries are approximate and may change in the future with a detailed development plan and plat. If the Commission chooses to recommend approval of the applicants request for C-G zoning of the property, the application will need to be continued to a later meeting in order for staff to draft development agreement provisions, amend the findings, and prepare a recommendation for approval. In either case, provisions of the DA would include requiring a conceptual development plan be submitted prior to submittal of a Certificate of Zoning Compliance application which would necessitate a mod cation to the DA at a later date to include the plan; and requirement for easements or right-of-way dedication for the proposed collector streets within the property that are consistent with ACRD standards. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Zoning Approved by City Council 3. Proposed Collector Street Network 4. Ten Mile Interchange Commercial Traffic Analysis -Response from Pete Friedman, Deputy Planning Director 5. Ten Mile Interchange Commercial Traffic Analysis -Response from Gary [nselman, ACHD 6. Access Points 7. Development Agreement Provisions B. Annexation Legal Descriptions & Exhibit Map C. Required Findings from Unified Development Code Ten Mile Annexation AZ-I 1-001 PAGE l2 EXHIBIT A A. Drawings 1. Vicinity Map Exhibit C Page 2 EXHIBIT A 2. Zoning Approved by City Council Exhibit C Page 3 EXHIBIT A 3. Proposed Collector Street Network Exhibit C Page 4 EXHIBIT A Ten Mile Interchange Commercial Traffic Analysis -Response from Pete Friedman, Deputy Planning Director l ~r~I'tj March 14, 20[ L fufr. Gary Inselntan AJa County Flighu~ay L}isuict 3775 Adams $tcnut Garden City, IL} 83714 gt_7AJECT: ThIV ?MILE [h1TElti'd-I.aNGE tVEST rtCGLSS ANAYLSIS -car ~ar}'= hlaynr Tammy do Wcerd City Ca+rneil Members: Kei th tll.~d Brad Hoaglun Charles rtounnee ne'+Id Zaremba This is in rasponsc 1o Q,c Tcn 7v1iDe In[eechange Cvtnmeroial'frafi:ic Analysis dakcd February I5, ?ql 1 by 17ohie Engineering. City of tldcridian Platuthtg and Public 4Vnr~s staff have twvic,or~^d tha catalysis, proposed riehl afxvay aligimtcn@s and accesses far consistency tvilh the Ten ivlila huerchange Specuiic Aroa Plan (TM18Ap). In uhe abscnca of specific developm®nt plans sue are hi gcncml atgroement +v~ith the underlying nssuntpliona of the study and same of the ptoposctti access points.',Va nro of the opinion [trot it would 6o beoe["tcial to omit until speuil3c dcvclnlnns'.ni platys are proposed Co determine other accesses. wa recognize that the analysis is carreetly based on the adopted Innd use designalinns of the TDIISAP oven draugh ilte prccisc land usrs are cat ideniitled. W'hllo the FAR employed in kbu analysis (.51}) iy lower than anticipated in the Th'llS4P i4 seems reasonable sinus the rncurremended fiAPis in the plan do oat acwunt fm• road rights of cvay and alleys. Thus, werru in gcncml ngrccment with the assnmpiians 41 u0r ree~ard to the proposed aC4es5eS, the recognize and snppnrt the DistrccCs policy of identit'ying access at the time ofdevelopnncnt application and appreciate the ~isu'ict's t7e:tibility in reviewing tltc proposed r^nsses and right of essay aligsoatents ttu ibis unitLne situation- J3ased oa our review of the anal}sis and the proposed accesses oror emmnea[s are directed in specific areas on the atfaehe<1 onup with uorrexpundiag areruerlc labels'; Rte defer to the Uisirict on tlae {ncmion of the access to the wesfl side+ifTen htilc kuad ihn woatd he located ou tha norFlt portion of ihu Jaaicek ptvtgcriy t,r tl,e south portion of the Camey property 11} • APFroval of the accesses proposed for She north and nanhrsoulh eollertors should he deL'crrcd until a spuuiFc development plan 15 ptttposed in order to delerrrrine the pt,ecisc locatioat a[od ftmcliouahdy- {:,} PgnnlntJ Qep3rtment . 33 E=. QFOadway, Mlendian, ID 63fi42 Phone 2[}a•fll34-5533 . Fax 2a9-9Ba-ntt59. wMV,n`erldiencilr.orp Exhibit C Page 5 EXHIBIT A ivfr. Gary Inselman Page 2 The diree'.t aceyexs from the Fedrizzi property w Ten Milc Road should be limited to 4emcrgency only" until such tJma as other access to that property can laE achieved, The prop~cd drivenay acrxss m the Pedricti property an the narthsoutlt mmllectmr shnaRd be appmvmd. (3) - bn the smuttt side pF the south collector road we reeptnmend that First right in- right out wex[ mf Ten Milr Road be approved ms Seel] as the left inJ right in -right root Pocated to- the W+CSt aFthat ACCESS. ('t) R`e eve of the mpinimn that the access Rocflfed on the wa[enr edge mf the SIJV pmpeRy bE approved En concert with a specific developmetn proposml and consideration be given tm Ipcating it on the conunon prnperry line with Meridian 118. (+7 IJn [hp nanit side of the south eulReeiur the recommend tlvtt approval of the access immediately cast mf the roundabout (sC) and recommend that amfion on the utlu:r twq be deferred (7) M1lteti] a specific dcvclmpmeatt appficatimn is tenderEd fprconsidersvion: In addi Linn tuc ore unsure of the necessity of dse ]elt in ttaming mosement as pvmposed for the middle access, {g) .;~! ~~: Thank yav for ccrnideratinn oFmur cantmen[s. Plenat feel Free w call iF yeu have any questions or would like to mpeC to discuss the prmpoxed aliymmrnts. ~' l'~ O tc Fried'man, .4[C~~ Depui}•Director - Exhibit C Page 6 Cc Annfl Canning ~ &ecky ivlcKay pat Dobie Tim C:mns EXHIBIT A 4. Ten Mile Interchange Commercial Traffic Analysis -Response from Gary Inselman, ACRD AR ~' . nehen~ W. prrn'd, Ii~Merrt __ - ]oln s. Franaa~l, Vice Fr~klalt ~Caral A. MdCee, ~C1111r1kS7ar&' L~ndew+w~~ie~~o }bbrico Sd,+~ M. 6Aker, Cianicree:iona PeSAd L, Case; CernmL=5'aner h,larch 17, 2[]11 Beaky McKay Engineering SoEutians, LLP 1029 hJ. f3osaria street. Snide 1 [l4 MerDdian, Idaho 6362 f~E. Ten fr~lle Interchange Wes4 A~Cess AnadysGe dear ~r~y; ACHF~ has reviewed the TechnicaE hlermarandurn (Memop from (7abie ~nglneerlrra, Ina. Baked Februavy 15, 2011 ~rohich you hand dellvererd ad your meeding an Marclro 2, :?~!1 i. Concurrent witty our rauiaw of the drafi~rc arvalysis, AGHa requested the coy of hferidian review and verify 4Bre Sand use assalmptions_ Ericlased is the City of ftterldnan letter laded Maroh 1~, 2t]i 7 verifying general agreement with the Pend use+ asswn'Ipkigns as welt as comments on dhe prapas®d access painds. The Mema r:ferans.ed usdng onforraialicn frorvt Ifre Lackner Sdudy for dhe Ten Mole Interchange as well as the study preparad by HDFZ. d~tease provdda oaples of t3te rel®vant sermons from these studies Fraam wl3ich the information was nbtained. The Mema also references Appendix A, B and C. Theca were not Included iru the subinlotkaG. PGease provide a copy mf the appendices.. ACC-ld) offers the following comments on the propped access points absent the informatio-n requested ataove. For cansisGency of review ad the cu*mrnends f will utilt~e the numeric labels from it^.~ Gliy's letter and attached rrsap_ + The ri?rtdi access road (iJ Igt:afed on the soukti purdu4n oaf the Gamey properly Is listed as a new signalized irvtsrsecdion in the Memo. A signal has nut been approved ai this I©cation by ACHE and wdll not ba corvsidered at this time. None of the information aad data su6rnitGed to date from any source has indicated ttre need. to s?analige thin Future Interse_ clien. Fiav~se the iulemc t4 remove the eonsidaration of a signal at this location. Ths proposed Eor~tlons For [he accesses on the north ccallector and ~e northlsouth rnllec[or Q2) generally conform fo AGH~ policy as proposed and would be approved. The prcrpbaed d:rrec9 aco_ss to Ten Mile f2QSd frorm the Fedrizzi }cereal ~3) wee lest shown as ann emergency access only. There is no explanatiom as to why tine proposal now includes a direct access to Tan htiie E?oad. Tfuis access does not conform to ACHf7 policy and wi91 net 6e consid~r!~d. Tha access to dhe street at the west soda of the parcel conforms tca AGG-d~ policy and wpWEd be approved. The proposed access point looalions on khe south collector q4, ~, 8, 7, and aJ generally oUnfarm to AGHb rtrollty, AGH~ wile wllhholrf comment nn the function and aperairQn cf the accesses until the indormation requested above has been provided. • The proposed right-vf-way layout appears to be sufFatdent far the prapo3ed roadways. G would suggest a more detailed review pd itue recluhed righk-of-way fmr krre various roadway seginenPs vrith both A~CHI] and dhe City of Meridian before legal descriptucns era prepared. Ada County Hi,hvay 6istrirt ~ 37iS Adams 5kreek+ Garxlen Cty, ]~ • 637i4 • RH (2C®y 2$3-g146 • rX 367-639] •xnwa,[xhd..'J4 ~l.~~s Exhibit C Page 1 EXHIBIT A Rs v±e iii9cu "sled, apprmWal a# any access p~inf5 wile (,e conkirrgenC upon the parcel's developing cansisgent wikh 1h$ lend use ~sumg3tuans wikhi~n khe Tan Mule Inkerchanga Specific Area F'gan and a:re sultject fo change 4r on~~csgion if the proposed land uses andlar traffic cendiquons cfnangs in the future_ Alt fcrkure detnslepment ca( ~e parcels will ha snl?feck qa tihe AC~1D pa[Icy In sffeck sq lh? tlrn@ 6he application is receiued lxy ACHQ_ If you have any qu®staons you rrray ~ontat;# ens at ~S~-G17~9, ~ln~eraly, ,, r•~t=_--- - ~- -- Gary Inselrram IVlaina~eY, Eiigh~k-v#-Vu'ay a?i~ S~e~ralopmenk Services ~n~claaure: City afi fuf~rldiar4 letter dated March 14, 2p# 1 Ce; fete Friedman, Qigy of Mleadian Pat CYraF~ie Exhibit C Page 2 EXHIBIT A 7. Development Agreement Provisions At the hearing on January 17, 2012, the City Council approved the subject annexation & zoning request with the requirement for Development Agreement's for each property as follows: The following DA provisions are recommended for the Janicek parcel, proposed to be zoned TN-C & C-C: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application. 3. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011, attached as Exhibit B. 4. The following use restrictions shall apply to the portion of the property proposed to be zoned C- C: ["(-)" prohibited; "(P)" permitted; "(A)" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) except on the south side of the east/west collector from Ten Mile Road (P) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 5. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan. The plan shall incorporate the following elements on the portion of the property proposed to be zoned C-C: a. Integration of the three major use categories -residential, commercial, and employment. Residential development shall comprise at least 20% of the site. Mixed use, compact development should include small scale office, retail, restaurants, recreational, personal services, public or quasi-public, churches, multi-family dwellings, and employment uses consistent with the purpose statement of the Mixed Use Residential and Mixed Use Commercial land use designations of the TMISAP. b. An internal street system designed on a grid pattern or interconnected system with stubs provided to adjacent properties. Street section designs shall be consistent with those identified in the TMISAP. Alleys and lanes may be permitted. c. Traditional neighborhood design concepts as detailed in the TMISAP that at a minimum, incorporate the following: higher density buildings close to the street; narrower streets to slow traffic; parking lots behind or under buildings; residences with porches or balconies facing the street. d. A transition in uses to the adjacent residentially zoned and designated properties to the north and west. Exhibit C Page 3 EXHIBIT A e. Vertically integrated and multi-family residential uses with an overall target density of 8-12 dwelling units per acre, with a maximum density of 20 units per acre. f. Multi-family development shall incorporate a vaziety of building designs including but not limited to those that replicate row houses and brownstones. Live-work units are strongly encouraged. g. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road and the easUwest collector road may be three (3) stories. i. Buildings built to the edge of public rights of way. j. Buildings designed to "hold corners" rather than parking lots. k. Integration of plaza, pocket pazks and other public spaces in site design. 1. Building location and design oriented toward and/or connected to open space and/or public space. 6. A lineal park area consistent with the TMISAP that incorporates amulti-use pathway along the Purdam Drain shall be provided on the site consistent with the Master Pathways Plan. 7. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the northeast side of the subject property. The owner/developer shall install mains to and through the development, 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 then alternate materials shall be used in conformance with City of Meridian Public Works Department standard specifications. 8. Water service to this property will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through the properly at the time of development, and coordinate main size and routing with Public Works. 9. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 10. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. The following DA provisions are recommended for the Fedrizzi parcel, proposed to be zoned C-C: l . All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011 attached as Exhibit B. 3. The following use restrictions shall apply to the property: ["(-)" prohibited; "A" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Exhibit C Page 4 EXHIBIT A Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 4. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan that incorporates the following elements: a. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road may be three (3) stories. t, n.r >_ •ia• r ,.«....~... :., ti..e...., .w,...,,....,t inn nnm ~ o f e,. ti,,....~ ...>,,... «ti,,... r ~ ~ o •t tt w >, t i a c c ~,... «>,,.......o.,a., a.,..,...,..,t inn nnm , ~ r o 5. A lineal park area consistent with the TMISAP that incorporates amulti-use pathway along the Purdam Drain shall be provided on the site consistent with the Master Pathways Plan. 6. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the North East side of the subject property. The owner/developer shall install mains to and through the development and 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 Standazd Specifications. 7. Water service to these properties will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through at the time of development, coordinate main size and routing with Public Works. 8. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 9. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. The following DA provisions are recommended for the SJJV parcel, proposed to be zoned C-C & H-E: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application. 3. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March l4, 2011 attached as Exhibit B. Exhibit C Page 5 EXHIBIT A 4. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan. The portion of the property proposed to be zoned C-C shall incorporate the following elements: a. An internal street system designed on a grid pattern or interconnected system with stubs provided to adjacent properties. Street section designs shall be consistent with those identified in the Ten Mile Interchange Specific Area Plan. Alleys and lanes may be permitted. b. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road and the easUwest collector road may be three (3) stories. w,r I. •la~ c •..«:..1-.......4..41,,........,a /~n nnn... .. F e.. 1.,....,...,.« ,.41...«4w.... 'I 11 M o l N II ....! .. F ,.4.. «: n4 ..F ,.«.x..40« N..... 4.,.an1.. 4Ho..~..«,l / 5. The following use restrictions shall apply to the property to portion of the property proposed to be zoned C-C: ["(-)" prohibited; "(P)" permitted; "A" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) except on the south side of the east/west collector from Ten Mile Road (P) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 6. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the northeast side of the subject property. The owner/developer shall install mains to and through the development, 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 then alternate materials shall be used in conformance with City of Meridian Public Works Department standard specifications. 7. Water service to these properties will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through the property at the time of development, and coordinate main size and routing with Public Works. 8. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 9. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. Exhibit C Page 6 EXHIBIT A B. Mnexation Legal Descriptions & Exhibit Map December 22, 20 L l I7L8Ci~1PT[ON POIt I''C~17N12LI TI;N [4IILL~ LLC PR4POSLll C-r 2illvdNf: A pnecel nF land located in the NE'!~ ol'the Sli ;i of Seetirsn l5, T.SN., R 1 W'., B.h~I., Ada County, Idaho, more purtacularly descralted as tollows: Commencing at the norr_heast earner of dte Sfi B 1:{ (the East 'f.~ comer of said Steliun 1 S), thz kGAL tsOINT iQE BEGI?YIVIYG of Iltis descrig~tion, from which the 4nutheast corner of stud Section l S ttettrs South UU°3U'U3" West, 2fis9.46 &'eet; ~1'hetace 5atdh UU"3t1`US" 1V`est, ?~l7S.IYp Fret along the east line of Che NE '!r ul" ttie SE ' ~ I€r a point; 'Lha;ncc Norlh 89'ld'4~4'" li+`est, $UO.OU Feet parallel xviNt the north line ol'Ihe NE !%•i ut'the 4L'° 'Ii to a p~~int; Thence North UU`3{7'U3" Ca+t, 2i9i.iH} Fist pataltel with the east lint oY the NE 'ri of the 51: `rS to a paint ctn rise north lira oP tha NE ','~ oC the SE !!y Tihcncc South 8tl° I ~4'~t~" Fast, SUt}.0U Feet along tltc north lane of the NE'/a of Ilia SL; 'f, u3 fire FS?1N~1't71= L3F[} tI~1iNG. Coatainane 5• l l acres, matre nr less. 9tl-l l8',FEDE2[2Z1 it-C] ^Lti.t]Q[' Exhibit C Page 7 EXHIBIT A 17ccetnher T~, 2011 DE~+CRIPTII7Y FOII JANCCE+K PR4PCRTIES LLC 4'ROPi75ED C-G ZONII4G A parcel of land located in the NE Yn of Section l S, T.3N., 2 [ V4'„ B.7v1., Ada Connty, Idaho, Inure par[iculurly cJescrihed as fallaws: Cnnamenciros at the snutheast corner aF rtJte: NE t!4 (the East';:, corner} at'said Section 15, the REAL PQ1NT OF E3E~IiYa`11NC of this dnscripliun, L'rurn +m'hiclu flee Nottheast corner afsnid Section l5 beaus Nar[h 00°33,3$" East. 2fi58.23 FccY Thence North 89" 14'd4" Westl, 1745,491ect along the saulh ('one of the NE !I., 1a a point; Theme North U6"~d3' 16" East, 56.77 Ccet Lo a puunl; Thence North 2'4"45'24" West, 11 SaJ feel to n paint, Thence North lfi°29'72" ~Vesl, 95,83 feel iu a point; 'I`Itence NnrUt 0'4' 1 d'jR4" West, $0.43 Fzet to a paint e8curvature; Thence 342.SU Feet alotui; a cun'c to the right, said cut^rc havins n centr.•tl angle ot'2U°26`07", a ntdins of 965.00 fec4, nntl a lung chart! +a'hieh hear3 North OS'SS'2U" Eas[. 3~0,3U feet !u a point ol` rbV'el'Sd 4'4tr~'atUCe; ITtence 4~°J.~41 Feet alunp a curve to [Ite left, said ew•+'e having a central angle aF?~1"72'43", a ra iitts uP 9 U3J.UU 4ee[, and a lanb chard +vhich L•ears Nostlu 03°3~)'Ol" I_a.5t, 445.139 feet to a paint aF reverse curvature; Thence I $T.93 ('eet along a our<'a m the right, said can e lxn'infc a central anttlc of U9° l4'33", n radius at' 1165,00 feel, and a long ehar<I which bears North Ua°10"U3" Westl, 1$3.3? Feel In a poinl of langenny; "1'h~-~r~e Narlh fl4"23' 13" Gnat, 2 t S9 feet to 0. lSlSil]t pL5 (61~: h50rtll lino 0l [hc ~{h' 'r. of the NE :'.; Thence Smith 89° l5'U~' Enst,'169,Ob fcxt. along the nor[it [ inc of the 5 v4' '~n aF the NE 'ri to Utc ^ortlveast camcr of the S W 'r:i of the NE 'ra; Thutcc ~unth 89°l5'US" Eatst, 13?U {33 t'eet.tlong the tturtl? lirte.tfthe tif.'~ ul`ilte NE'ES to dltc nartlteast corner of the SE ya at'the NE !!: Thence Sauth OU°33'38" Wrist, 1329,1 I feet slung the east line of the SE rS aF the NE: 'ri to the P[}IN'l' iJE BE@INT~'INC1, i=ontaining tid_6G acres, more or le-ss. au.t t s'~~n;v tc>: k le-cl_rrt=s_ooc Exhibit C Page 8 EXHIBIT A I?ecem6er 32, 2U] 1 DGSCRIPTIQN FUIt J~[YIG>;K PROPERTfl'JS LI.C PRC)I}C)SI1) `I'N-C: Zf)YINt: A axarctl of land located lox the NG 1 i at' Section 15, T.3N., tt. l SV., H.41., Ada. County, ldttho, more parflicularly dc5cribtd as fullotiv's; [_:ontastucing as cite southeast cartser nl'the NE 1I4 (the Etrst !fir carcxer) aEsaid Sectlan 15, Erato which the Tv'ortheasl carttcr of3aud Seaaieroo IS C,tars Nor!}t i)f)°3'38" _r•.asa, 2Ga&:?:, feed; Thena:e North 89°!4'431" 6b'tsl, I ;45.49 fret clung tht ssluah line c?f a17C NF'r. [n t7te 111's.aL I`[ll_N'I' ()F'tBEC:INNIYG nt'this description; 7'hene:e North 89°l~l'4d" L4'est, 897,69 feet alfang salt! South lintlo alts souahxvtst coruter nFthe S64s !,5 of lire -0E'!i $tht C'torier !~'~ t:ariter of said Section IS); Thence North UO°3Cr'Sl'" East, 1368.84 feet nlonb the sucSC [int+sf the 564' !r. of Iht NL '.+: Oar alto tuoralt,,,~tst cornet' uEthe SSV :r: at'dxe NE Ua; Thence South 89° I ~'OS" Etasl, 851.9U l'tet along t$e nosh lifat atalLe ti41~' ':, nEthe taC !~S to a point; 'thcttct South p[~"?7' 13" U`esa, 3 t.59 fact to a point of eur•.'ature; 'I'hettCt 187.93 feet along a curve to the Ictt, said curvs• havin;~ a ecntral tutglc fal C19° ls{'33", a radius aE l IGi_UO test, and a larott~ chord tvkuich !stars Sou91t f1~"11J'I)a" Ea31, 187.7^ feea to a yssxint uE rew~ne eurvatau~: Thenc. 444,x{ I feel alun;* a Curve ao rite ri;;lst, said curve ltaviatg a ceotn•al angle of 2~°x.'43", a r,Lduus of k [t;5.U0 feet, and a long_ chuozl tvktich !;tars Suattlo t13°39'tJ l" 64'tst, ~d45.89 feet tax a ryuina of reverse ctotvttta¢e, Thencx 3425{S ltt! al~.tt±g a cwn~,'t Ra rift loll, sail ruiti'e having a rzntral atxgle af?'Q°2U`f17", e rtleus of'J[i5.Ua1 tcWt, and n It+ng cltort3 ,t,hi~_It b4urs South f75 ~$"3U" VV~~~I, k~a 0.70 I'cx1 tc~ a t:wxinL of Tluncc Soaxlh U4° I ~I'44" &ust, $i}.43 Peet to a Ciniest, `thenv:e South 1(;°'39'55'" Ettst, 98.83 Esc[ la st point; 'thence SoaLdx ~4°+IS`"~+I" Ea3l, l I5. s5 leer [cx a point; Tl:ent;e South Ut}"~t5'lti" S4'est, SG.~°7 feet M1a [hc PL1T`~fT t~F BGGaNNtlt,rr: [~1?t4a 1t ltln~" aj.9~ al'P$S', Inge al' leSa. 9f1d18`JhuIC.'t'.k(tbl-cl nes.ocac Exhibit C Page 9 EXHIBIT A pLSC.fld[I'7'CI]Y rOP{ 9JJ'V LLC PllOiht7Slsla C-C 20NlNr_. A parcel at laud located in qhe NL % of the SE !~~ of Section p i, T 3N., li.l VS'., B.;4~L, Ada County, ldaha, mare partpcularly descri6cd ax folpaws: C:utrirnencin~ at dte northeast caartaer oFthe SG fl?4 (the East i`i comer aF.xa6d Secgic5to l5), Fnu} which the Soutlteast earner uF 5.9id Scotian I5 boars :]4Utlt UO°:30'f1~" West, 2fr59.TCr feel; Tlteuce Ntarlh 89° 14'~~" West, 80i7.Op lest al~np the north line of thy. NE 5;; aF the 5C ~i l4 the [tCAL PC11NT QF SE~INNING OClhs drseripginti; Thence South 00°i0'4a" W es't, l67 ~7 p feet t?aralep wittj the east line of the NE ',• i ot'the SE °~i l0 a point; Thence North R9°24'57'" West, 55.00 Feet Iti sa point. of curvature; Ttitcncc 1T9.73 fleet spaug :x cun•e to the left said curve having a central angle: od' d l ° 1 ]'29", a radius x12513.00 feet, and a ]ou7g chard +vl~ich licurs South by°S~l' 19' 1Vese, 175.89 Feet to a lJOint of [angeuc~• Thence S X19='1R'3°I"' Wcsq, 15.51 fs'et to a paiJttofcurv°aqure; Thence I?032 }eci Mang n curve to the right, said curse having s central attAle aJf ~9°U3'0 7 ", y ra.litte of 250.f1i7 leer, and a long chord +vhich bran South 6R°~79`S~{" la.°csi, 167.0°+ fee[ to a Fioint on the avesc link ~3f the NE 5'. al the SE 1..?~X; Thcncc NarE9t UO°33'b7" Lust, ~~2.5i feet alnng the west line of the NE'/.~ a}'thc SE !'i to the Werth+vest cxiater nt'tlte N1E '.'i oFihu SE 'li, Thence St+uilt 89"']4'~I~" Eusl, 521.9 fect ~-ap+7uc the taorth Iip7e of tlae NF. 9:i at'the SE :+:i to the Cotataptiinh :t.35 gn•es, ittare ur le,s. 90A I R'~SJ1V tGCJ_G3ES.~taC~ Exhibit C Page 10 EXHIBIT A Decemher ??. 20l l f1E9CR11''I'IC11Y F'UIr; *3,I.R~' LLC FRQFCISEL7 FI-E f1)`i1NC: r\ parcel ul' Ittn[l Inea4ed in the NE 'f, oFtlse SE tra of Section 15, T.3N., R. ] til%., B,N'I„ Ada C',ounty, Idaho, mat,: ptuticularly klescriGecl as follox's: C:nlnmencing at the nnrtheast earner of the SE I?~ (Ihe East 4d corner ui` sttitl Section i i), from xdtielt khe 5outlteasl corner oFsuid Section l ~ 6cars Soutls 00"30'k73" West, 2fi5rJ,46 Fcct, 'flrence South lpil"3!1'03" SW'e-st, 27$.00 t'ect along khe call line uFthc NE 'l+ of khe S E :.~4 lu khe READ FO[YT t]C TEEGINNI111{; of 4his tleseril?tit7n; Tltenee Snutit 00"]0'03" tiL+est, 73G.7d t'eet allattg khe east line oFthe NE S''i of tine S E !'' ko a point; `Gheuce North $9°31'0$" 1Vi:sl, ~sJ.31 Ize41o n ~oin1 ott the narkherly righk-of=u'ay of interstate $~k; Ilic[tce along the serial nordterly ri~ht~oFt4'ay Qlte Follux2n~ caurscs and distttnecs; Thence South X47°.3'05" v+'nst, 1i19.U~1 feWk; 'lltcnce South 6fi°5J'31}^' Vest, 1175.73 feek; -ltencc ScruthlCtl°i79'21" ll+esf, 15i].iCi fee:; 1 heatce SUEtklt 7(i"'[} l `' I.3" ~`est, 33i).fi47 feed; Thence South 79°54'2(+" 4ltesl. 177.77 Feet; Thence South $~4'~i6'3$" ~l+cst, I ti~.7i i'cet; Thence South 8$'17'05" V,resk, I th$:28 feat to a point un the wro'est ]ins. ^f the NE °;.'+ of [he SE !i'k; Clteneo ieaving snit: nc.r4he;ly right nFtcvy h'oi4: 4t0"33`'7" f=ast, 13ib.'$ feet alrn~ the west lane of tlhc NE 'ri oFEhc SE !~S tar tt poinfl un a cur<~e; Thence i ltl}.3'_ Feet along. a curvb der kite Left, said curve having a uenteal angle of 3pJ°0""Ol ", a radius of Z5E7.lp(] feet, and a long chmrd x~hich Gears North ti3°d9'3d" East, lfi7.04 feet to a point nl' langencv; 't'hence Aiorth X19°l8'3~4"' EasE, 19:1.50 feefl to tt pts~int oE'curvature; Thence 17r).73 &^.ot ;t0on~ a cuc:c to ilu: right, s. icl curve h.tving :w cenlntl angle Uf ~l I' l I'79", a radius cr1'2;wCD.f10 filet, and rl Ions; chord tvhiclt Gear, North (iR°5+1' 19" Last, 175.841 feet to a paint of lanycncy: Thence ~oufh 89°29'J7" fuser, 55.[l{1 feat to a p©int; ,H}d I S15.IJ \+ f H-L-1_DES. ^CrC Exhibit C Page 11 EXHIBIT A Thence Snuih Ill}°3i7'll~" West, t 10,9}9 icct, parallel ~viltt 41ee east line of the NN ;5 of the :iE :; ro a p©unt; Thence South $9"l4"4~1" l=asi, 8f10,CIG fee4 parallel ~4'ith Uie north line off the NE'.~s oFthe SE %a lt~ 11te PAINT f3f° 6Cf~1IJ1~11Ta[i. f'ontaittin~ 27.17 acres, mon: or less, - - ~ _z._- _ - ~ . ,. i~ ~~~~~~~u~I- ~_~~~ ~~ -~ rc~" ,h~! 1 'C .~ L(~-- ~~ ~~,e~mn f , IC luvc,~,~ ~ ~~ i M - e F ,... ~ av~c~LLO _ ~ Mpoem MeloMA j JI!/~tmoPeilm LLC ..n .w.~ vlroroemoamun g ~ll tu[mi~x inn uq s y -__-__- igg®~1i 1 _ i ~ ~ ~9~1i ~~a ma,~a ~m..u~...~ wn.~r,~M ra ~:~~w'"fi curtv[rwLL ~ gSA . _. _._ JTi'a'w end"m .mne in~~ fi ~¢dY"°"" MW.POIIJOtl aYY MOMlTOCIWlOY XPI XMQ~WM"e ~w.a i ~ ~ e p BW LLO Y R ~ II FlYTII~11EZg1p £ S' i 1 any ~~ w ... "u iwra.. m uil -I ~ 1 ~~I w eon i , ~ pMAP i Exhibit C Page l2 EXHIBIT A C. Required Findings from Unified Development Code 1. Annexation 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: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council Finds that the proposed zoning map amendment is consistent with the FLUM and complies with the applicable provisions of the Ten Mile Interchange Specific Area Plan (TMISAP). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to TN-C, C-C, & H-E is consistent with the FLUM designations for this site of HDE, MUR, and MUC for this property. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that 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. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The City Council finds that annexation of this property and subsequent zoning of the site is consistent with the future land uses designated on the FLUM and the objectives contained in the TMISAP for this area of the City. Therefore, the City Council finds that the annexation and zoning of this property as proposed by the applicant is in the best interest of the City and should be approved. Exhibit D ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 41 BOISE IDAHD 07/25112 D2:00 PM DEPUTY Bonnie0berbillig III 1111111'IIIIII'IIIIIIIIIIIIII'llll flECORDED-REQUEST OF 112073618 Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Fedrizzi Ten Mile, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this_~ _ _ day of .~ v 1 ~ , 2012, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Fedrizzi Ten Mile, LLC, 3026 S. Whitepost Way, Eagle, ID 83616, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer 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 for each owner, 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, I.C. § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/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 Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation of the Property described in Exhibit A, and has requested a designation of C-C (Community Business District), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subj ect Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation ofthe subject Property held before the Planning DEV ELOPMENT AGREEMENT - Feoa~zu TEx Mns, LLC (AZ 11-001) PacE 1 OF l0 & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 7`s day of February, 2012, has approved the Findings of Fact and Conclusions of Law as set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer toenter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deems it to be in his best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Properly is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development 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 re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted on April 19, 2011, Resolution Noll-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, 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 aze 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 cleaz 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 govemment subdivision of the state of Idaho, organized and existing by virtue of DEVELOPMENT AGREEMENT -FEDRiZ~I TErr Mus, LLC (AZ I1-0(11) PAGE 2 OF ] 0 law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Fedrizzi Ten Mile, LLC, whose address is 3026 S. Whitepost Way, Eagle, ID 83616, the party that owns and is developing said Property and shall include any subsequent owner(s) or 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 described in Exhibit A describing the parcels to be annexed and zoned C-C (Community Business District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY TffiS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B-2. 4.2 No change in the uses specified in this Agreement shall be allowed without modificafion 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: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011 attached as Exhibit B. 3. The following use restrictions shall apply to the property: ["(-)" prohibited; "A" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) DEVELOPMENT AGREEMENT - FEDRIZZI Terr Ma,E, LLC (AZ I 1-OI)t) Pace 3 OF 10 Flex space (-) Fuel sales facility (-) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 4. Prior to submittal ofthe first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan that incorporates the following elements: a. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road may be three (3) stories. 5. A lineal park azea consistent with the TMISAP that incorporates amulti-use pathway along the Purdam Drain shall be provided on the site consistent with the Master Pathways Plan. 6. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the North East side of the subject property. The owner/developer shall install mains to and through the development and 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 ofpipe 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. 7. Water service to these properties will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through at the time of development, coordinate main size and routing with Public Works. 8. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized imgation system when it is determined to be available by the Public Works Department. 9. The agricultural use of the properly may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designafion reversed, upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two yeazs of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT - FEDR 1991 Tr.N MII.E, LLC (AZ 11-ODl) PAGE 4 OF 10 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice sud Cure Period. In the event of Owner/Developer's default of this Agreement, Ovmer/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have wnsented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Ovvner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder byeither 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. 7.5 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/Developershail, immediately upon wmpletion of any portion or the entirety of said development of the Property as required by this Agreement or by DEVELOPMENT AGREEMENT - Fsoatzz~ T~ Ma,E, LLC (AZ I 1-01)1) PAGE 5 OF 10 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. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfiilly comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be temvnated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 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 breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City orOwner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall DEVELOPMENT AGREEMENT - FEDU»zr Terr Mu.E, LLC (AZ 11-091) Pnca 6 OF 10 commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure maybe extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which 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. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. 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: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNER/DEVELOPER: Fedrizzi Ten Mile, LLC 3026 S. Whitepost Way Eagle, ID 83616 DEVELOPMENT AGREEMEN'C - Feuiuzzt Terr Mu.a, LLC (AZ 11-001) Pn~e 7 OF 10 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 16.1 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. 17. 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. 18. 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. 19. 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 ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of OwnedDeveloper, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. 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. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developerand 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 DEVELOPMENT AGREEMENT - F~nx~zz~ Terr M¢s, LLC (AZ 11-ODI) Pwce 8 OF 10 writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City; to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Moridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. FEDRIZZI TEN MILE, LLC By: CITY OF MERIDIAN B. M yor a eer DEVELOPMENT AGREEMENT - FEDR 1991 TsN M~[,E, LLC (AZ I 1-0th) Pncs 9 OF 10 STATE OF IDAHO, ) County of Ada ss On this ~ day of 2012, before me, the undersigned„ a Notary Public in and for said State, personally appeared ~ L21 known or identified to me to be the person who executed the agreement on be alf of Fedrizzi Ten Mile, LLC, and acknowledged to me that he 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. ~` A'Rf ~AG.$ t.1G~* F STATE OF IDAHO ) County of Ada No Public for Idaho Residing at: My Commission Expires: ~ (P ss On this 2 ~ day of Jut , 2012, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such Ciry 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. •StiGA J~`~•••. . 5,~ pTAk,P~iP ; '~d~I~ I~.P~f'~ (SEAL) ; 5' $ ', : No y Public or Idaho I Residing at: eve ~• ~, p; Commission expires: ~ AJ'B~+1G'Q'Z: •'r:'9fE OF ~~•• ••....•' DEVELOPMENT AGREEMENT-FeDtuzziTEriMu,E, LLC (AZ ll-ODl) Pnca 10 OF 10 December 22, 2011 DESCR~TTON FOR FEDRIZZI TEN MILE LLB PROPOSED C-C ZONING A parcel of land located in the NE'!, of the SE '/< of Section 15, T.3N., R.1 W., B.M., Ada County, Idaho, more particulazly described as follows: Commencing at the northeast comer of the SE 1/4 (the East'/a comer of said Section 15), the REAL POINT OF BEGINNING of this description, from which the Southeast comer of said Section 15 bears South 00°30'03" West, 2659.46 feet; Thence South 00°30'03" West, 278.00 feet along the east line of the NE Y, of the SE % to a point; Thence North 89°14'44" West, 800.00 feet parallel with the north line of the NE '/a of the SE Ya to a point; Thence North 00°30'03"East, 278.00 feet parallel with the east line of the NE %a of the SE '/< to a point on the north line of the NE '/a of the SE'/a; Thence South 89°14'44" East, 800.00 feet along the north line of the NE %a of the SE % to the POINT OF BEGINNING. Containing 5.11 acres, more or less. R€VI- PROVAL BY - FEB 2 4 2012 A+IERIDIAN PSIBEJC )1ih~~~(~: 7FPlL. 904I61FEDRIZZI (C-C)_DES.DOC EXHIBIT A STAFF REPORT Hearing Date: December 6, 201 I TO: Mayor & City Council FROM: Sonya Wafters, Associate City Planner 208-884-5533 SUBJECT: AZ-11-001 -Ten Mile Annexation C~i~E IDIAN*;--- I®AH® L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicants & property owners, Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC, have applied to annex and zone a total of 116.25 acres of land with a C-G zoning district. The applicant has submitted a conceptual layout for collector streets within the site based upon the transportation system map in the Ten Mile Interchange Specific Area Plan (TMISAP). Neither a conceptual development plan for the overall site nor for the individual properties has been submitted. See Section 10 of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends denial of the proposed AZ application and zoning as proposed by the applicant based on the Findings of Fact and Conclusions of Law in Exhibit D. In the alternative, staff has proposed other zoning that could be supported. (See analysis in Sections VII and IX for more information.) the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Becky McKay, Engineering Solutions ii. In opposition: None iii. Commenting: Chris Penland iv. Written testimony: Brad Boe; Kevin Shreeve; Richard & Patsy Fedrizzi v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Pete Friedman b. Ke v Issue(s) of Discussion by Commission: i. The consistency of the proposed C-G zoning in regard to the intent of the Ten Mile Interchange Specific Area Plan and the future land use designations for the property; ii. The appropriateness of C-G zoning directly adjacent to residential without a development plan (no transition in zoning/uses). c. Ke v Commission Change(sl to Staff Recommendation: i. None d. Outstanding Lcsue(s) for City Council: i. None The Meridian City Council heard these_itemc nn December 6. and 20.2011 and January 17. 2012 At the public hearing nn ianuarv 17 2012 the Council aonrnved the cubiect AZ reuuect as ummarv of City Cn uncil Public Hearine: i ' L In favor: Becky s Representative; Lnuann .ian cek McKay. Annlicant iL In onnnsitinn: N one ail, Commentinn: Nn ne Ten Mile Annexation AZ-I I-001 PAGE 1 EXHIBIT A R t ti A li ' lY. Written testimony: Re s epresen a ve cky McKav. pp cant Y, Staff presentint= appli cation: Sonva Wafters Yi. Other staff commenti ng on aoolicatinn: Caleb Hood ¢, >~,y issues of Discussion b y Council: j, The rrm~irement for r ectrirtinnc nn the ei~e of bpildip¢ fOOIDrIntS In the C-(' 7ppiptr district e_, . Kev Council Chances to C taff/Commission Recommendation L_ Remove the restrictio maximum buildine fo n on each of the development aereements repardin¢ the otprint allowed in the C-C zoning district. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number AZ-11- 001, as presented during the hearing on December 6, 2011. Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number AZ-11-001, as presented in the staff report for the hearing date of December 6, 2011, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Number AZ-11-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the northwest corner of I-84 and S. Ten Mile Road and extends to '/a mile south of W. Franklin Road on the west side of Ten Mile, in the east'/z of Section 15, Township 3 North, Range 1 West. (Ada County Assessor Parcel #'s: S 12l 5131200; S 1215417210; 51215417400) Owner(s): Janicek Properties, LLC 270 E. Connemara Lane Eagle, ID 83616 Fedrizzi Ten Mile, LLC 3026 S. Whitepost Way Eagle, ID 83616 SJJV, LLC 360 E. Montvue Drive, Ste. 100 Meridian, ID 83642 C. Applicant: Same as owners D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Meridian, ID 83642 Ten Mile Annexation AZ-l I-001 PAGE 2 EXHIBIT A E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: July 4, and 18, 2011 (Commission); September 12, and 26, 2011(City Council) C. Notices mailed to subject property owners on: July 23, 2011 (Commission); September 8, 2011 (Gifu Councill D. Applicant posted notice on site(s) on: July 11, 2011 (Commission); September 24, 2011 (City Council VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of agricultural property currently zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Agricultural land [approved for future residential uses (Baraya Sub.)], zoned R-8, R- 15, and R-40; and agricultural land, zoned RUT in Ada County. 2. East: Agricultural land, zoned RUT in Ada County. 3. South: Interstate 84; and agricultural land [approved for future commercial, employment, and residential uses (Meridian Crossing)], zoned R-40, C-C, M-E, and H-E. 4. West: Agricultural land [approved for future commercial, employment, and residential uses (Meridian Crossing)], zoned R-40, C-C, M-E, and H-E. C. History of Previous Actions: None for the subject property. Other properties/projects in the Ten Mile area that have been zoned consistent with the FLUM designation contained in the TMISAP are as follows: • Meridian Crossing (AZ-09-008) -This property consists of 115.26 acres and was annexed with C-C (48.59 acres); H-E (27.27 acres); M-E (22.57 acres); and R-40 (16.83 acres) zoning consistent with the FLUM designations of MHDR, MUG, HDE, and ME. • Baraya Subdivision (AZ-06-061) -This property consists of 95.57 acres and was annexed with R-8 (28.17 acres), R-15 (54.13 acres), and R-40 (13.26 acres) zoning consistent with the FLUM designations of MDR, MHDR, and HDR. • Silver Oaks aka Avendale Apartments (AZ-OS-016) -This property consists of 24.61 acres and was annexed with R-15 zoning consistent with the FLUM designation of MHDR. • Southridge 31 (AZ-08-016) -This property consists of 36.27 acres and was annexed with M- Ezoning consistent with the FLUM designation of ME. • Southridge (AZ-06-031, RZ-OS-008, AZ-09-009) -This property consists of 300+ acres and is zoned R-2, R-4, R-8, TN-R, TN-C, L-O, C-C, and M-E and consistent with the FLUM designations of MDR, MHDR, MUG, PARK, CIVIC, and ME. • Barletta Subdivision (AZ-10-002) -This property consists of 5.94 acres and was annexed with Rl zoning consistent with the FLUM designation of LDR. Ten Mile Annexation AZ-l I-OOI PAGE 3 EXHIBIT A D. Utilities: I. Public Works: a. Location of sewer: 36 inch sewer trunk main located near the Purdam Drain on the North East side of the subject properly. b. Location of water: Ten Mile Rd and W Franklin Road. c. Reclaimed water is available to this site and located in S Ten Mile Road. d. Issues or concerns: None E. Physical Features: I. Canals/Ditches Irrigation: The Purdam Drain bisects the northern pazcel (Janicek's property) and extends to Ten Mile Road across the northern portion of the Fedrizzi property; other smaller ditches/canals traverse the property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject properly is located in the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP). The TMISAP focuses on developing an area that has an identity of its own but which links to nearby developments. The plan emphasizes the community's support for higher densities and mixed uses to create a vibrant and economically strong city. The plan also stresses the community's commitment to good site planning and design as a means of establishing a place everyone can be proud of and one that protects the interests of future businesses and residents (pg. ix). The Future Land Use Map (FLUM) contained in the TMISAP collectively designates the subject properties for Medium High Density Residential (MIIDR), Mixed Use Commercial (MUC), Mixed Use Residential (MUR), Green Space and Parkland (PARK), and High Density Employment (HDE) uses. The designations for the individually owned parcels are broken down as follows: Janicek properly (northern 80.62 acre pazcel): MUR (40.7 +/- acres); MHDR (2.22 +/- acres); MUC (30.17 +/- acres); and PARK (6.8 +/- acres) Fedrizzi Ten Mile property (central 5.11 acre parcel): HDE (2.14 +/- acres); MUC (1.04 +/- acres); and PARK (1.77 +/- acres) SJJV properly (southern 30.52 acre parcel): HDE (28 +/- acres); MUC (5 +/- acres) The applicants propose to annex all three of the subject properties with a C-G (General Retail and Service Commercial) zoning district. The C-G district represents the largest scale of the commercial districts and allows the broadest mix of retail, office, service, and light industrial uses. Staff is of the opinion this designation is more appropriate in areas with a Commercial or Lifestyle Center FLUM designation because of the more intense types of commercial uses desired in those areas and does not support C-G zoning of the property. Staff has included analysis below on each of the FLUM designations for this site and has recommended a zoning district that staff believes is compatible with the associated land use designation and the TMISAP for this area. Consistent with sound planning principals, future zoning should be consistent with the future land use designations of the Comprehensive Plan. Staff is of the opinion the integrity of the Plan should not be modified to address what may be perceived as the highest and best use of individual properties. Ten Mile Annexation AZ-I 1-001 PAGE 4 EXHIBIT A Consistent with past land use decisions in the Ten Mile planning area, zoning of the property should be consistent with the FLUM (see Section VI.Cfor details). LAND USE DESIGNATIONS: MHDR: These areas are recommended primarily for relatively dense multi-family housing types such as row houses, townhouses, condominiums, and apartment buildings and complexes. MHDR areas should include a mix of housing types that achieve an overall average target density of 12 dwelling units per gross acre with a range from 8-15 units per acre. (See pages 3-6 & 3-7 in the TMISAP for more information.) The FL UM designates approximately 2.22 acres at the northwest corner of this site for MHDR uses. The adjacent property to the west is zoned R-40 and is intended to develop with a mix of apartments, condos, and townhomes; the adjacent property to the north is zoned R-1 S and intended to develop with single family residential uses (townhomes &alley-loaded lots), consistent with the MHDR designation. The use of the subject property was intended to tie in with these properties but is separated on the west by the Purdam Drain, a year round waterway that is proposed to remain open, as well as a strip of land designated for PARK uses that is intended to include a section of the City's multi-use pathway. The applicant proposes C-G zoning for this property which requires conditional use approval for multi family developments and prohibits single family attached, two family duplex, and townhouse dwellings -all desired uses in the MHDR category. As mentioned above, Staff recommends an alternative to the C-G zoning proposed by the applicant that staff is of the opinion is more appropriate for this area. The TN-C zoning district allows all of the aforementioned uses as principal permitted uses, except two family dwelling duplexes which require conditional use approval. Because of the small size of the MHDR designated property and the physical separation of this property from the property to the west by the Purdam Drain, staff feels it more appropriate to zone this portion TN-C (rather than R-40 or R-I5, or the C-G district in which all residential uses except multi family are prohibited) consistent with Staff's recommended zoning of the adjacent MUR designated property to the east. Development an this portion of the site should be compatible with the planned residential uses to the north and west. MUR: These areas are intended to encourage a diversity of compatible land uses that may include a mix of residential, office, retail, recreational, employment, and other miscellaneous uses. While the focus of these areas is on residential uses, the horizontal and vertical integration of retail, office and employment uses is essential to securing entitlements. Developments are required to integrate the three major use categories -residential, commercial, and employment. Live-work units are strongly encouraged in MUR areas as are a variety of other housing types. Office, employment and commercial areas are generally small in scale and focused on neighborhood services within these areas. Traditional neighborhood design concepts are essential. The mix of uses should allow for a diversity of housing with for-sale and rental properties. The goal in these areas is to achieve a FAR of 0.75 or more. This land use designation calls for an overall target density of 8-12 dwelling units per acre, with higher densities allowed on individual projects. The FLUMdesignates approximately 40.07 acres of this site for MUR uses. The adjacent property to the north is designated for HDR (High Density Residential) uses; a portion of which is zoned R-40 and the remainder is yet to be annexed. The property to the northwest is designated for MHDR uses and is zoned R-1 S & R-40. Again, the applicant proposes C-G zoning for this property which requires conditional use approval for multi family developments and prohibits single family detached/attached, two family duplex, and townhouse dwellings -all essential uses in the MUR category which focuses on residential uses. Ten Mile Annexation AZ-I 1-001 PAGE 5 EXHIBIT A Vertically integrated residential projects are principally permitted in the C-G district. Office, employment and commercial areas in the C-G district are not limited in scale and are not focused on neighborhood services as desired in MUR areas. Additionally, maximum building height in the C-G district is 65 feet, which could result in larger scale commercial uses than desired in MUR areas as office, employment and commercial uses are generally small in scale and focused on neighborhood services within MUR areas. The TN-C district allows all of the aforementioned uses in addition to office and retail uses as principal permitted uses,' two family dwelling duplexes and recreational facilities require conditional use approval. Because the focus in MUR areas is on residential uses and most residential uses are either prohibited or conditional uses in the C-G district, Staff is of the opinion the TN-C district is more appropriate and consistent with the MUR designation and the intent of the TMISAP for this area. Also, the maximum building height in the TN-C district is 45 feet and the maximum building footprint is 20, 000 square feet; however, other than retail, all other uses may be allowed a greater footprint through the conditional use process -this helps to limit the scale of development & directs the focus to neighborhood services rather than larger scale commercial uses within these areas. Finally, the zoning district compatibility matrix contained in the TMISAP lists the TN-C district as the best zoning choice for MUR designated areas. Therefore, staff recommends a TN-C zoning district for all of the MUR designated area. MilC: These areas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi-family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. Traditional neighborhood design concepts with a strong pedesttian- oriented focus are essential. The goal in these areas is to achieve a floor area ratio (FAR) of I.00-1.25 or more. The MUC designation calls for an overall target density of 8-12 dwelling units per acre, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MUC designation should be used for residences. (See page 3-9 in the TMISAP for more information.) The FLUMdesignates approximately 36.21 acres of this site for MUC uses. The adjacent property to the west and south, also designated MUC, is zoned C-C and is proposed to develop with ground level retail with residential above consistent with the MUC designation. The applicant's proposed C-G zoning of this property allows office, retail, vertically integrated residential projects, and recreational facilities as principal permitted uses in the district but requires conditional use approval of multi family developments and prohibits single family attached residential uses -important components of MUC designated areas as they provide an essential mix of uses and support the commercial uses. The TN-C district allows all of the aforementioned uses as principally permitted uses except for recreational facilities which require conditional use approval. The zoning district compatibility matrix contained in the TMISAP lists the TN-C district as the best zoning choice for MUC designated areas. For these reasons, staff recommends a TN-C zoning district far all of the MUC designated area north of the '/z mile collector street. The boundary of the TN-C zone should go to the centerline of the proposed collector street (see Exhibit A.2). (Note: There is small strip of land at the southwest corner of the .Ianicek property that is between the subject property and the road that is zoned C-C. The zoning of this area should be "cleaned up" by rezoning the area to TN-C to the centerline of the road if a rezone is submitted in the future for the Meridian Crossing property.) Ten Mile Annexation AZ-1 I-001 PAGE 6 EXHIBIT A The C-C district is very similar to the C-G district in that it allows (& prohibits) all of the same uses listed above for the C-G district that are desired in the MUC area but allows slightly less intense uses overall than the C-G district. The property to the west of the SJJV property is zoned C-C. The zoning district compatibility matrix contained in the TMISAP lists the C-C district as a possible zoning choice for MUC designated areas. To add variety in development potential for the site, staff recommends the area on the south side of the proposed % mile collector road be zoned C-C from the south boundary of the Fedrizzi parcel north to the centerline of the proposed collector road and west from the Fedrizzi property to the location of the stub street at the west boundary of the SJJV property along the frontage of the collector street in the approximate configuration shown in Exhibit A.2). This will bisect a portion of the SJJV property with two zones in the area where the property should eventually be divided by the extension of the stub street to the east. Zoning this portion of the site C- C is consistent with the adjacent C-C zoning and the MUC designation. HDE: These areas are recommended as predominantly office, research and specialized employment areas; and generally do not include retail and consumer service uses serving the wider community. Limited retail and service establishments primarily serving employees and users of the HDE areas are encouraged. HDE areas should provide a variety of flexible sites for small, local or start-up businesses, as well as sites for lazge national or regional enterprises and should be designed to encourage multimodal travel and convenient circulation to supporting services located within the area. Whenever possible, HDE areas should provide restaurants, lodging and other services in support of the employment uses. Land use types in HDE azeas include corporate, business and professional offices, research facilities and laboratories with complementary uses primarily serving district employees and users, such as business services, conference centers, child care, restaurants, convenience retail, and hotels and motels. It is anticipated that buildings will range in height from 1-6 stories, have total floor areas of 10,000-1,000,000 square feet, and that the FAR will exceed 1.0. Designs that promote open space and parks are strongly encouraged. Structured parking is also allowed. (See page 3-11 of the TMIASP for more information.) The FLUMdesignates approximately 30.14 acres on this site far HDE uses. The applicant proposes a C-G zoning district, which allows the broadest range of commercial uses including offices, research and development facilities, retail, restaurants, hotels/motels, and consumer service uses. In the C-G district, these uses are not limited to primarily serve employees & users of the area as intended in the HDE designation; uses in the C-G district are intended to serve the wider community. This development pattern has the potential to diminish or under utilize the area that is envisioned as a prime economic development driver for the City. Additionally, the maximum building height allowed in the C-G district is 65 feet which may not allow for the full build out potential desired in the HDE designation. The H-E zoning designation was implemented after the adoption of the TMISAP specifically for HDE designated areas and accommodates the desired uses in the scope and manner intended for this area. H-E zoned areas are intended to be located in close proximity to federal and state highway interchanges and major arterials. The subject property abuts Interstate 84 on the south and S Ten Mile Road, an arterial street, on the east. The maximum building height in the H-E district is 95 feet allowing for maximum number of stories allowed within the HDE designation. Additionally, the H-E district limits retail and restaurant uses as accessory uses to the principal permitted uses on the site as desired in HDE areas. For these reasons, staff recommends the HDE designated property is zoned H-E consistent with the intent of the HDE designation. PARK: Parks and public recreational facilities are located convenient to the neighborhood, community or regional populations that they are intended to serve, where the land is suitable for the planned activities. Convenient access to neighborhood parks should be provided by local streets, Ten Mile Annexation AZ-11-001 PAGE 7 EXHIBIT A sidewalks, and bicycle and pedestrian pathways and trails, with a reasonably direct route available from most neighborhood locations. Adequate vehicle parking and pedestrian and bicycle support facilities, such as benches, lockers, and bike racks, should be provided. Narrow open space corridors are recommended locations for pedestrian or bicycle pathway connections. The FLUMdesignates a relatively narrow strip of land, approximately 140 feet wide for PARK uses that bisects the Janicek property and runs along the northeast boundary of the Fedrizzi property to Ten Mile Road. The area consists of 8.57 acres and is designated on the Meridian Pathways Network Map contained in The Meridian Pathways Master Plan to contain a section of the City's multi-use pathway system. The planned pathway will provide a pedestrian & bicycle connection to adjacent residential, commercial, and employment uses when constructed. This open space area will also provide a convenient recreation area for adjacent residential uses as well as commercial & employment uses within the development. Because there is not a specific zoning designation for PARK designated land, staff recommends the area is zoned the same as the adjacent land. TRANSPORTATION: The transportation component of the TMISAP specifies future through- connections as they relate to the overall transportation network and collector street network. Interconnectivity is a hallmark of the plan with the intention of having a sound understanding of the street alignments rather than creating alignments based on case by case development applications. Street design elements integrate walking, biking, transit, driving, and delivery routes. Conceptual renderings depict streetscape improvements, commercial, civic and mixed use areas as they relate to the overall use and development concept (pg. ix). The Land Use Map and Transportation System Map contained in the TMISAP identify a conceptual collector street network for the Ten Mile planning area. Staff has reviewed these maps in relation to the applicants' proposed street network for the site and found it to be consistent with these maps. The street network plan proposed by the applicant includes anorth/south street through the SJJV property that runs along the west boundary of the Fedrizzi property that is not shown on the maps; however, staff is supportive of this street as it will provide a connection between the two future east/west collector streets. Afrer discussion with the owners' representatives, City staff reviewed the analysis, proposed right-of- way alignments, and accesses contained in the Ten Mile Interchange Commercial Traffic Analysis dated February 15, 201 I prepared by Dobie Engineering, for consistency with the TMISAP. Mr. Pete Friedman, Deputy Planning Director issued a letter dated Mazch 14, 2011 regarding his review, included in Exhibit A.3. In summary, in absence of specific development plans, the City is in general agreement with the assumptions of the study and some of the proposed access points, but is of the opinion that other accesses should be determined when specific development plans are proposed. The access points that Staff is in general agreement with aze circled in red on the map included in Mr. Friedman's letter (see Exhibit A.3). The access depicted as #5 should be moved to the property line; the access depicted as #3 to Ten Mile Road should only be an emergency access if approved by ACHD. As previously stated, all other accesses should be determined at a later date with a specific development plan. Gary Inselman, ACHD, also issued a letter dated Mazch 17, 2011 in regard to his review of the traffic analysis and proposed access points (see Exhibit A.5 for more information). In summary, ACHD has not approved a signal, nor will they consider approving a signal at this time for the north access road to Ten Mile on the southern portion of the Carney property; the accesses shown on the north and the north south collectors conform to ACHD standards & would be approved; the direct access to Ten Mile Road via the Fedrizzi property does not conform to ACHD standazds & would not be considered -emergency access only would be considered if required by the City; the access to the street shown at the west side of the Fedrizzi property conforms to ACHD policy & would be approved; the access points shown on the south collector generally conform to ACHD policy but ACHD will withhold Ten Mile Annexation AZ-1 I-001 PAGE 8 EXHIBIT A comment on the function & operation of the accesses until additional information that was requested is provided; the proposed right-of--way layout appears to be sufficient for the proposed roadways, however a more detailed review of the required right-of--way for the various roadway segments by ACRD and the City is suggested before legal descriptions are prepared. Approval of any access points will be contingent upon the pazcels developing consistent with the land use assumptions within the TMISAP and are subject to change or modification if the proposed land uses and/or traffic conditions change in the future. All future development of the parcels will be subject to the ACRD policy in effect at the time the application is received by ACRD. DESIGN: The TMISAP emphasizes density and mix of uses along with the quality of the built environment. Recommendations on the location and design of building frontages and limits on building heights play an integral role in the future evolution of the Ten Mile Interchange Area. The location, scale, form, height, and design quality of public and private buildings directly affect the Ten Mile Interchange Area's success as a great place to live, work and raise a family (pg. 3-31). MUR: All development within this category should incorporate traditional neighborhood design concepts in accord with the TMISAP such as higher density buildings close to the street, easy pedestrian access, narrower streets to slow traffic, parking lots behind or under buildings, and residences with porches or balconies facing the street. MUC: All development within this category should incorporate traditional neighborhood design principles and concepts in accord with the TMISAP (see MUR above). A strong pedestrian- oriented focus is essential in this area. HDE: All development within this category is strongly encouraged to incorporate designs that promote open space and parks. Structured parking is also allowed. GOALS, OBJECTIVES, & ACTION ITEMS: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • Implement the City's Pathways Master Plan to provide a bike and pathways system between neighborhoods, local collectors, and community destinations. (Chapter 6, pg. 83) A section of the City's multi-use pathway system is designated on this property in the area designated for PARK uses in the City's Master Pathways Plan. This pathway wild provide pedestrian and bicycle connectivity to and through this development. • Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter 3, pg. 45) This property is contiguous to other properties already annexed into the City. Urban services can be provided to this property upon development. • Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning; use COMPASS' Access Management Toolkit. The primary purpose of the subject annexation is to ident~ and establish a street network system in this area to facilitate development of the Ten Mile Interchange area. Staff has reviewed the proposed street network in relation to the Transportation System Map contained in the TMISAP and found it to be consistent with the plan. The City, along with ACHD, has provided a response to the Ten Mile Interchange Commercial Traffic Analysis (see Exhibit A for more information). Ten Mile Annexation AZ-ll-001 PAGE 9 EXHIBIT A • Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. (Chapter 3, pg. 48). The multi-use pathway planned through this property will link to a pathway northwest of this site in Baraya subdivision which will contribute to the goal ofproviding neighborhood connectivity through the Ciry's pathway system. • Support a vaziety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. A mix of residential uses is required to be provided in MHDR, MUR & MUC designated areas. The zoningproposed by staff will allow for a variety of residential uses to be developed within this site. • Provide housing options close to employment and shopping centers. (Chapter 3, pg. 54) The southern portion of this site is designated for HDE uses. In close proximity to the north, a mix of residential uses is required within the MHDR, MUR, & MUC designated areas. • Improve and protect creeks throughout commercial, industrial, and residential areas (Chapter 5, pg. 69) Although not a creek, the Purdam Drain crosses the subject property and is a year round waterway. This waterway will remain open but will be piped at vehicular crossings. The area where the drain is located is designated to develop with PARK uses and will be improved as an amenity. In summary, Staff is of the opinion the proposed C-G zoning is not consistent the with the land use designations contained in the TMISAP and the overall plan for the Ten Mile area for the reasons stated above. As an alternative to denying the application, staff has provided recommendations on zoning that staff feels is more appropriate for this area. The collector street network plan submitted by the applicants is determined to be consistent with the transportation plan contained in the TMISAP. VIII. UNIFIED DEVELOPMENT CODE (UDC) (Staff has included details in italics below pertaining to staff's recommended zoning of the property.) A. Purpose Statement of the Districts: • The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (UDC 11-2B-1). • The purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity of each other, and it provides for the daily recreational and shopping needs of the residents (UDC 11-2D-1). B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and Ten Mile Annexation AZ-I L001 PAGE 10 EXHIBIT A prohibited (-) uses in the proposed C-G zoning district. Any use not explicitly listed is prohibited UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the staff recommended C-C & H-E zoning districts. UDC Table 11-2D-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the TN- C zoning district. Any use not explicitly listed is prohibited. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the proposed C-G zoning district pertain to development of this site if the proposed AZ is approved. The dimensional standards listed in UDC Table 11-2B-3 for the C-C and H-E districts, and UDC 11-2D-5 for the TN-C zoning district apply to this site if the zoning recommended by staff is approved. D. Landscaping: If the proposed AZ is approved, street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2B-3 for the proposed C-G district. Parking lot landscaping shall be installed in accordance with the standards listed in UDC 11-3B-8C. Landscape buffers to adjoining residential uses shall be installed in accordance with the standards listed in UDC 11- 3B-9Cand Table 11-2B-3. Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2B-3 for the proposed C-C and H-E districts. Parking lot landscaping shall be installed in accordance with the standards listed in UDC 11-3B-8C. Landscape buffers to adjoining residential uses shall be installed in accordance with the standards listed in UDC 11-3B-9C and Table 11-2B-3. (The UDC does not currently include landscape requirements for street buffers or buffers to adjoining residential uses in the TN-C district) E. Off-Street Parking: If the proposed AZ is approved, non-residential uses require one off-street parking space for every 500 square feet of gross floor area and parking areas are required to be designed in accordance with the standards listed in UDC 11-3C-5. Additionally, one bicycle parking space is required to be provided for every 25 proposed vehicle parking spaces, or portion thereof, in accordance with the standards listed in UDC 11-3C-SC. For residential uses, the required number of off-street parking spaces varies according to the number of bedrooms per unit (see UDC Table 11-3C-6 for more information). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The Applicant requests approval to annex a total of 116.25 acres of land, consisting of three parcels owned by three different property owners, with a C-G zoning district. The property is collectively designated on the FLUM contained in the TMISAP for MUR, MUC, MHDR, PARK, and HDE uses. Overall, development in this area should integrate the three major use categories: residential, commercial, and employment and contain a variety of residential housing types, commercial uses, offices, retail, recreational facilities, employment, and other miscellaneous uses. Based on the TMISAP, Staff is of the opinion the requested C-G zoning of the site is not consistent with the FLUM designations contained in the Plan for this area and the overall plan for the Ten Mile area for the reasons stated above in Section VII. In addition, no conceptual development plans have been provided. If the applicants wish to proceed with the C-G zoning district, Staff recommends denial of the subject AZ application. Note: Staff discussed other Ten Mile Annexation AZ-ll-001 PAGE 11 EXHIBIT A zoning options with the applicant's representative, during the pre-application meetings that are consistent with the FLUM,~ however, the applicants wished to proceed with the C-G request despite Staff's recommendation. Note: As an alternative to denial of the AZ application, staff has provided a recommendation for zoning of this property contained in the analysis in Section VII above that staff feels is more appropriate for this area and is consistent with the FLUM (see zoning map recommended by staff in Exhibit A.2). If the applicants are agreeable to the zoning proposed by staff and want to proceed forward with a favorable recommendation, staff recommends the Commission continue this application to a later meeting in order for staff to draft development agreement (DA) provisions, amend the findings, and prepare a recommendation for approval. The applicant would also be reguired to submit revised legal descriptions based on the zoning boundaries recommended by the Commission. Because a plat is not proposed at this time that depicts the exact location of roads and lots within the development, staff recommended zoning district boundaries are approximate and may change in the future with a detailed development plan and plat. If the Commission chooses to recommend approval of the applicants request for C-G zoning of the property, the application will need to be continued to a later meeting in order for staff to draft development agreement provisions, amend the findings, and prepare a recommendation for approval. In either case, provisions of the DA would include requiring a conceptual development plan be submitted prior to submittal of a Certificate of Zoning Compliance application which would necessitate a modification to the DA at a later date to include the plan; and requirement for easements or right-of--way dedication for the proposed collector streets within the property that are consistent with ACHD standards. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Zoning Annroved by City Council 3. Proposed Collector Street Network 4. Ten Mile Interchange Commercial Traffic Analysis -Response from Pete Friedman, Deputy Planning Director 5. Ten Mile Interchange Commercial Traffic Analysis -Response from Gary Inselman, ACHD 6. Access Points 7. Development Agreement Provisions B. Annexation Legal Descriptions & Exhibit Map C. Required Findings from Unified Development Code Ten Mile Mnexation AZ-I I-001 PAGE l2 EXHIBIT A A. Drawings 1. Vicinity Map Exhibit C Page 2 EXHIBIT A 2. Zoning Approved by City Council Exhibit C Page 3 EXHIBIT A 3. Proposed Collector Street Network Exhibit C Page 4 EXHIBIT A 3. Ten Mile Interchange Commercial Traffic Analysis -Response from Pete Friedman, Deputy Planning Director ~~~ II~IAN-~.~ ~~~1~ March iA, 2axl l h2r. Gaey Insclrnan Ada County Highway District 3775 rstlains Slreul Gardetr City, ID $371a Sl-i3JF4"I: Tli'[3 h1[LE 1NTEItCHANGE 1VEST ACCL•95 ANAYLSIS Dear pary': Mayor YammydcV/eerd Slay reuncil Memberz: Keith t3lzd @rad Hcaglun Charle3 noantree pavld Zaremba 77ris is in rcaponsc fo the Ten h1Fle Iu[erchangc Commercial Traffic Analysis doted Fehmnry' 15, 2t71 ] by na9tie Engineetvrg. City of h[urdion }Hazuthig and Publip W'orJrs staff have nevic+vcd the analysis, proposed right aFway aliExlmtenls sad accesses far consistency with ihc'1'en ivlFle [ntetahartgu SpeciSc tlrca Pllm {TMISAp}. to the sbscncc of spcci~c development pltens we are ht gcnctaI tege?~maat with the underlying assumptions pftkte sntdy :utd some of the ptnposed access points. We nm vt'Ihe nputian that it world by bunelloial to wait nnlil spevif c development plans are proposed tv determine other accesses. 1Ve recognize that i]tc analysis is anrreMly based on tLtc adppted land use desiPllatians p['dra TiVIIS,4P evrat Ihough klro precise Mend uses are noC identified, Wehilc the FAR ernpluyed in the aru~tlpsis (.51}) is lower than anticipated in the TM]S,4P it seetns reasonable 5-nce the recummeuded PAIts hi the plan dp rat recount for road rights of cony and alleys. Thery, we are in general sgrcemen¢ wilt the assumpticns Will. regard to the proposed auuesses, we recogtize and support Ilee District's poCicy vF identifying access; at the Bute o£dcvelopaerentepplicationand appreciate the District"s t7axibiJity in eeviewhig the pnaptwed recesses and rfighi of way uliynrtents in this unique stluatiua-13ased vu per review of the anslpsis and the proposed accesses oar cmmnents are dhectcd to specific areas on the attached mop widr corruspuaediug emexecric lauds; . Wi. defer to the DlnirlCt oo lha Ivcnlimt uEtbe access to the wes4 side uf'[en h(ilc Rnad drat would be treated un the north portfvv nFlJte Iareicek property ar the snuck portion of the Cttmey property, (1J • APProvnl of the accesses proposed Far the north and north.'svuth wllectors should be dePcrrcd uati] a specific development plan is prpppsud in order to dclunuGte the precasc lacalian and fimciivnnhty, (~) Pklnning Department . 93 E. Broa6N'ay, fAendian, tD dSS3A2 Phone 2d9•a9A-S53$ . FeK a4B-988-na5-0 a w~N4'.m4fidi?neily.ori] Exhibit C Page 5 EXHIBIT A h[r. Oaq~ Inselroau Page Z The dieect access from the Fedeizzi property to Ten Milc Road should be ]Invited to "emergency only' until such lime as other aeoeSS tc that property can he achieved. The proposed driverv¢y access to the 1'cdrir~i property on the narthsouth calleo[or should he approved. (3} Dro the south side of the south collector road we recommend that firsk right in-right out krest oCTen Mile Road be approved ¢s ts•el] as [be ]eEt inl right in-right ontfocated to the vmst of that access. (d) We are of the opinion Thal the acccs~ located on the wrstem edge of the SI1V property be ¢ppraved in concert with a specific development proposal and consideration be given to locating [t on the common property line wllk Mcridian.11R. {S7 • On the notfh side of the south collector wd recommend that approval of the scces's inmiedia[ely east afthe eouudahout (+Q and tt~ommend that action on the other tWp be deferred (~ until a specific development application is Candored For consideratioa~lu addition we are unsure of the necessity of the ]eit in taming movement as proposed For- ihcmiddleaccess. (8) ~~;~i ~.•: 17tmik you Cix consideration of our comments. Please [eel fsee In cttll of you have any questions or avoid like to meet to discuss the proposed alignmrnts. ~• lY. O 7c E'ri~edm1aly r1ICP Deputy Direelnr Cc Anna Canning . , Becky 1vfeKay Pal Dohic Tim L"arras _ r e-0Q~ ~ "~ ~ 1 ~ ~u~a e'~'3. i, ~,y, ~ , ~ ~,;; ~~ ,~ l'J'matla~ _ ~ EV `'_ .is~1..~ j ~r____a ' r~~ ~.. ~©V i ~ Ali ~~~;. ~~~ a v ~eam~ ~ - _ ' Emergency access only if Access should be moved ~ ~. '""°""°' -~; t, - approved by ACI-ID to the property line '~`~ _ ~ ~,~,~.o, , ~ -- _ _~:=ate. , ~~ Exhibit C Page 6 EXHIBIT A 4. Ten Mile Interchange Commercial Traffic Analysis -Response from Gary Inselman, ACI-ID + ~~~~~ ~ ___ _ - - _ - _ Rebecca Y!o Rrr~a~d, rr~kren[ l01'Ti 5. Fan+len, VrtE Prerkle'~t Carol ti. Mdeee, Ccmratsbner ~oewr~~s+`~=1 c+ +{~.~~ SSra M. esker, Gamr~ce;anc 4~vld L Case, Cnmmts:ane' March 17, 2011 Becky McKay Engineering Satutions, LLP i(l~J Pi. Rosario Street, Suite 1 Od Meridian, Idahq E33G+12 pt~: Ten tlWllle lnkerehange west access Anakysi5 f7ear gae}4y; AGHfi ti~as reuleewed khe Teohntcatl Memarandttnt IMemo) From t7at51e Englneerlru-}, bno. dated February 15, 2Qf 1 which you hand dellwered ad our meaking on Marcia 2, 247'11. Concurrent with our review of the traffic analysis, AGHQ requested the City of Meridian review and verify the land use assumptions. Enclosed Is the City of Meridian letter dated March d4, 21111 verifying general agreemenk with the land use assulm ptians as wr7ll as coanmanta on Ih+? propasmd access points. The lulerrlo referan~d using tnFarrnalicn from t6te Losohner Study for khie Teri Mile Interchange as well as the study prepared by HQR. Please provide cnplas aF the rel®vant sections fram tl7ese studies Fram which the infonnation rues ahtained. The Mema also references Appendix f4, B and G. These were net Inolsided In the subrniktal. Please provi+Ie a copy of the aF7pendiees, ACHm offers the fallowing cammenfs an the proposed access paints absent the infarmakron requested ak7awe. Far cansiskQa'tcy of review isf the Commenks k viii uillize the numeric laf~els from the City's letter and attached Inap: The n~7rkh =access road {1} lacaked on khe south purltorl of the Carney property Is Hsied as a new signalized intersacEtan in the Memo. A signal has nok tsaen approved at this laaatton by ACHE and whll not lte considered at this time. None at the information and data submitted to date fram any sourr_.a has Indicated the need to signa}'I~e this f~itl~re Intersaclkon. Rawsa the Memo to remove the oonsidaration of a signal at this location. + The proposed Gacatians Far the accesses an the north cnlleetor and t:he IiarthJsauth a511eatar 12) generally canfarm fa AGH^ policy as proposed and ruauld 6e approued. TrLe proposed direct access to Ten Mile f#oati feom Ilse F-edrizzl parcel f3} wez last ahcwrv as eri emergency access only. There is na tixplanatlon as to why the proposal new includes a direct access to Ten Mice Etaad. Thais access d¢>zs not canfarm to AGHC7 policy and will Trot be considers 3. The access ka tfle skreet at tF~e west side of the pa?cel canfor±irs tv ACHQ policy and would f7e approved. = The proposed access point locattaris an the sautli oollector Q4, 5, 6, 7, antt ~p generally conform to ACHE] policy, ACHD will wlthlrold oonlm?nk on the funcklon arm aeration of the accesses until the infarrnatian requested above has been prawlded. Tare proposed rlgtltof-svay layout appears to be sufficient far Cite proposed roadways. t waulst suggest a moe® detailed review of t}x required righk-aF-way for the vaelaus roadway seem®nls with bath ACHt7 and the City of Moridian before legal descriptions are prepared. P,da faurcy Higfnvaq Qistrict • 3715 A.d,ims Streck =Garden City. 10 +8371.1 = PH 4211eY 347-511N1 • F%387-G39d =vnrv,xhtl.YJa.id.us Exhibit C Page 1 EXHIBIT A Rs w2 d%gpussed, approval of any access paints wilt be conGingenl upon the parcels develolaing consiske~u# with the land use a~sG~mptir~ng whin tN® Ten M61~a Inkerchange Specific F1r+~e 6'~xn and are subject to change ar niadfiadlidn 6f the propcsec Is~nd uses andf4r traffic oondificons change in the futur®. AIG Future deuelapanent of t percale wilt be sugJeot to the .4CtitJ paElcy In eESact ®413~e tlrrf8 ltie applucati6n is receiaed !by ,P.CHI?. if you Nave any questiane. you may cnnta~l ma ak Sa7-617Q, slne~+rely, ~' - f, - - T.. Gary Insalnian A1lamager, fiigh~t-af-laJaysnd I~euetopment Sertioes EMalasuFe; Gaty of hterldfan letter dated Marsh 14, a041 Co; Pete Friedman, Cily oft INersdian Pet Lhakie Exhibit C Page 2 EXHIBIT A 7. Development Agreement Provisions At the hearing on January 17, 2012, the City Council approved the subject annexation & zoning request with the requirement for Development Agreement's for each property as follows: The following DA provisions are recommended for the Janicek parcel, proposed to be zoned TN-C & C-C: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application. 3. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011, attached as Exhibit B. 4. The following use restrictions shall apply to the portion of the property proposed to be zoned C- C: ["(-)" prohibited; "(P)" permitted; "(A)" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) except on the south side of the east/west collector from Ten Mile Road (P) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 5. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan. The plan shall incorporate the following elements on the portion of the property proposed to be zoned C-C: a. Integration of the three major use categories -residential, commercial, and employment. Residential development shall comprise at least 20% of the site. Mixed use, compact development should include small scale office, retail, restaurants, recreational, personal services, public or quasi-public, churches, multi-family dwellings, and employment uses consistent with the purpose statement of the Mixed Use Residential and Mixed Use Commercial land use designations of the TMISAP. b. An internal street system designed on a grid pattern or interconnected system with stubs provided to adjacent properties. Street section designs shall be consistent with those identified in the TMISAP. Alleys and lanes may be permitted. c. Traditional neighborhood design concepts as detailed in the TMISAP that at a minimum, incorporate the following: higher density buildings close to the street; narrower streets to slow traffic; parking lots behind or under buildings; residences with porches or balconies facing the street. d. A transition in uses to the adjacent residentially zoned and designated properties to the north and west. Exhibit C Page 3 EXHIBIT A e. Vertically integrated and multi-family residential uses with an overall target density of 8-12 dwelling units per acre, with a maximum density of 20 units per acre. f Multi-family development shall incorporate a variety of building designs including but not limited to those that replicate row houses and brownstones. Live-work units are strongly encouraged. g. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road and the easUwest collector road may be three (3) stories. ti n,r ~6r ,. P..:...:., «..,,... ~ .w,.......«a ~~n nnn) ..~ .....e t o.. ti,....e..e. ,..tie.. .w.... ~, i. Buildings built to the edge of public rights of way. j. Buildings designed to "hold corners" rather than parking lots. k. Integration of plaza, pocket parks and other public spaces in site design. I. Building location and design oriented toward and/or connected to open space and/or public space. 6. A lineal park area consistent with the TMISAP that incorporates amulti-use pathway along the Purdam Drain shall be provided on the site consistent with the Master Pathways Plan. 7. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the northeast side of the subject property. The owner/developer shall install mains to and through the development, 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 then alternate materials shall be used in conformance with City of Meridian Public Works Department standard specifications. 8. Water service to this property will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through the property at the time of development, and coordinate main size and routing with Public Works. 9. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Deparhnent. 10. The agricultural use of the property may continue until such time as the properly develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. The following DA provisions are recommended for the Fedrizzi parcel, proposed to be zoned C-C: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011 attached as Exhibit B. 3. The following use restrictions shall apply to the property: ["(-)" prohibited; "A" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Exhibit C Page 4 EXHIBIT A Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 4. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan that incorporates the following elements: a. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road may be three (3) stories. a, t„r..~:.,....., 1...:u•.,,. c ,...._:..« :.. «...,..,... «1.,.........,1 /nn nnm n,..,n.n r o.. I,,..,,o.,o~,_,H,°..~"„ • r ~ ..«..:1 ..I1 ,.«6..« ....o..... . 1.....11,....,..1 .. F ..«««:..t ,.F ....Horn. 4l. n.. «..,n..~., «6...,on...1 /7n11nN resmr,-arr-ocxxcra.vco-avvTov-caavvrcan-iovrprxxxc-orgrvacc................~ .......~.«... ~.....,., .,~ ,. F ,.« «l. «......1. «1.H .. «.1:«:H..HI . ».:« ...Hnnn n,...n. ,. .nn ..H. ........,.....8 ............................... ~......... ,...,.....,... 5. A lineal park area consistent with the TMISAP that incorporates amulti-use pathway along the Purdam Drain shall be provided on the site consistent with the Master Pathways Plan. 6. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the North East side of the subject property. The owner/developer shall install mains to and through the development and 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. 7. Water service to these properties will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through at the time of development, coordinate main size and routing with Public Works. 8. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 9. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. The following DA provisions are recommended for the SJJV parcel, proposed to be zoned C-C & H-E: I. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application. 3. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011 attached as Exhibit B. Exhibit C Page 5 EXHIBIT A 4. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan. The portion of the property proposed to be zoned C-C shat l incorporate the following elements: a. An internal street system designed on a grid pattern or interconnected system with stubs provided to adjacent properties. Street section designs shall be consistent with those identified in the Ten Mile Interchange Specific Area Plan. Alleys and lanes may be permitted. b. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road and the east/west collector road may be three (3) stories. n,r w •ia• r ...,,...«...~.,.....,..,a inn nnm r . w,...,,..,o. ,..w,._ «w.... •i ii w t ii .,.a ., c ,....: ... ,.r ,...,...e«.t,.,., ti.,o...., .u,....,....a ~~n nnm 5. The following use restrictions shall apply to the property to portion of the property proposed to be zoned C-C: ["(-)" prohibited; "(P)" permitted; "A" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) except on the south side of the east/west collector from Ten Mile Road (P) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 6. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the northeast side of the subject property. The owner/developer shall install mains to and through the development, 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 then alternate materials shall be used in conformance with City of Meridian Public Works Deparhnent standard specifications. 7. Water service to these properties will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through the property at the time of development, and coordinate main size and routing with Public Works. 8. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 9. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. Exhibit C Page 6 EXHIBIT A B. Annexation Legal Descriptions & Exhibit Map Decetnber 22, 201 ] IlCSLRIP7TON F4R FCI}RILL[ TFN I4IILL~ LLC PR4P45Ell 4'-C ZllNlf+lC~ A parcel of land located in the NE °!i of Ike SC %i nf:i~tkon I5, T.3N., IL I W., B.9vf., Ada Catuity, Naha, more purl"ocularly described as Hollows; Commencing ao She northeast earner ofthe SE 11~I (dre East'/~ comer of siiirl Seetian I S), the I{It1L FOINT QF B'EGINNING u1-7liis cl~scrip4aon, frorrt which Slte Southeast corner of said Sactittn lS taears Sautlt bf]"30'43" West, 2Fi59.4fi feet; Thence South UU"34"U:;" ~4`est,'~7$,tril Feet along the east line afithe NE Y~ oe-the SC Y to a point, 'Ghencc North B'1°l~#'44" LVest, 13[](7;Up t'eet parallel with tl>,e north line of tha NE %, ofthe iiE'I+ to a p~~iai; Thence North 44°34'0:]" Gust, 27$-40 Fee# parallel +vith tlee east line of the NE'fi al'ttoe SC Y, to W paint an the notch line of the TE ri of the SL= '1.,; `Ghcncr South $'J° I~}'4~I" bast, iIS14.Od feet along the north line of the NE 'fa of the S~ S~. to the PCIIN`I' C71' L3)CiINNiNU. Containing 5. l l act'es, mote oC less. 40.1181EEDkt2Zl (C-C_1_I3CS.f?f?C' Exhibit C Page 7 EXHIBIT A 7ecenther 2"?', zUl 1 p)'nSGlill'TIOY TC1R ,I.tNIC`EK PftOPCftTIE9 LLC I~I~~ros~n c-c zt?rnNC~ d p¢lcel of hied lacnted in the NE ~, oF$ectiata l5, T.3N., ft.I W., B.avi., Ads County, Idaho, more parltcularly described as fnplnws: Gnmmenciug ¢t the southeast corner of else NE II4 [the East '!i corner} aFsaid Section 1S, the ItLAL PC11NT OT F3I;~INNING ofihis description, fracn +vhieh the Northeast comer of said Section 15 bears North 00°31"3&" E¢st. 2658.23 feet; Thence North 89° I~I'44" Well, 17#5.,19 feet srlang the south line of the NE'f+ to at paial; Thence North DO°45' 16" East, 56.571's,~el to s paunl; 'thence North 2sl°45`24'° W`esl, I 15.33 Feel to s paint; Thence North l6°29'52" 4V'est, 98.83 feel to n paint; `Thence Nnrtlt 04° 14'44" West, 80.41 Feet ka a point of cun~ature; Thence 342.50 Fact along a curve to the right, slid curve having a central nntle oF20°26°07", a ntdius aF965.OD feel, and a long chord which bears Nartla U5'S5'?0" Earl, X40.70 feel to a paint of averse curvature; T]tence 44+J,41 feet along a cnrve to dte left, s¢id cw~ve having a central ancle of 24'~i'>3}", ¢ radius at' iU35.00 feet, and. s lung chord cvltich hems North 03'39'l11" Fast, 4~Fs.84 feet la a paint nF reverse curvature; Thence 187:93 feel along a cun'a to the riglt4 said curve le,xc~irlg a central anitle of D1° l~l'33", n radius aF 1165.001ec4 and s tang chutel which bears North 04°10"U3" 1Vesl, 187.72 ['eel la a paint. of tangent}; Th°-~uc Rlarlla QQ°?~' 13" E,tvi, 2159 Fccl to a point uu the rimrth liar al' the SLV ! . of the. NE'fy Thence Smnh 89° l5'05" East, 4G4.Ofi feet smug the aurUr Bins aP the SSV ;/a aF the NE 'ri to the nordueast comer of the SVJ '!, of the NE Ya; l'hettee ~auth 8'I" l5'U's" E:tyt, l3?f} 97 feet tllnnb tlta Hurtle hate c,Fthe SE 'J, aF the NE'!. ka llx northeast comer oFtlre SE'.b aFthe NE !~: Thence South 00°33'38" West, 1329.1 l Feet along the east line oFthe SE'J~ aFdae NE ;~, to the Pt_1[NT QF BECINNiNt;, Cantainine 34_GG acres. mare or less. 7a~41 R'JANICE K (C-C j_GFS_GOC Exhibit C Page 8 EXHIBIT A Fkecenrher 22, 20l dESLRIPTIOIV I?OR JANIC)CK PRCIPEI~TI1rS LLC Pgi_11'OSP.17 I fY-L' 2QN1NG A ptlrcel of land Iouated in the NE la oFSectian l5, T3N., f{.1L4'., I~,HI., Ada Ccxunly, hipho, more particularly dcsdribcd as falic~EVS. f:+}ninteucltt~ at dire snutldeast cnrnzr nFthe NE }fd (tire East !%n cr}rner) nF said Section 15, Frorn tv[nich the Ncrlhcasl corner tal`ssuicl Set:lion IS hems NOrdh OU°13'313" Epsd, 2d5ES,?3 feet; Thence Nr~rtlt 89° l~l`~1~4" ~Vesl, I7~F5.49 Feet pluttg dhe sn~utlt lute nfthe NF '/. to t7ie 13L,AL PI31NT (b_F BFd'.I;VNING nFthis description; Thence North 89° l~'~14" L4'est, 847.fa9 feel plrang s'tiitl south Tine do the sOud}ttvest ca}rraer rrl'the S1V !J~ nl`lhe s1E °(•i [the C'etldzr'l, cnt?~ernfsaid Seetiou 151; 1-hence North fl4°3G'S1'" East, 1328.8 Pscl plctng the Fwesd lkne i"f lha S'4ti' ;l+ ul'the NL'. '.e-0 u} d}te mardhu'est corner of the. SiV r: of t7te NE l fd; Thence South 84° B 5'OS'" Eas'l, 851.~)U leer plortg rite ne~rdh line of fhe SW` °ES c,_t'tlte NE 'l. to a point; 1'henee South f)0'?7' l:3" W'est, ? l , 59 Feet to a paint of curvtture; Thetdce 1 t;~,93 feat along a curve to the left, said curve htnving p central tut~le oFf79°l ^I'3_'*", p radius mf 1 hG5.C10 Feet, and a long chord tvhickt Ireprs fiouild f14~10'CJ3" East, I R~.~? feet #ej a point of reversa curvattu~e; Thcnse ~7~k?.~31 leer plurt~~, p eurG•e 4n t7te rialri, said curve having a central angle of 24°52'43", a mdius of [ 635.d1~6 fact, and a long- cliortl t~'hlch tYertes South f]3°39'U t" 5~4`est, ~~k5.$) feet tee p ~ulttd ref me•r:rst: curvature; Thence 3&?.Sf~ leer nltrng a curve to tha left, ypiik fni~°e htivtnt a central ar-igle of 2t7°_0`d7", a rt,diu~ oF~1G5.Q1) feed, and n la}n~ chaed Frhach 6esu:; Se~uth f7$"55"?[1"'vV~-;t, S•t G,7u] I'~t der q ~r,int €,f tan~e7iCV; Tluncc South L2T°Id'44" 13trst, E3E}.93 feet to ri pninrt; Thence Souilt l6°39'52" East, 98.83 Fcct In tt point; Thence Sordh 2~I°4S'2=1" Etrsi, l 15...+5 feet do a poirtl; 'Cl:ence South f7i}"45'16" L4'est, 56.57 feet eo the PtJRVT t7C BF.GINN}fN[J. Cnntairding 25 ~)6 acres, mare or less- !M¢IRUe1NtCF.K QTN-C) DPS.F]f7C Exhibit C Page 9 EXHIBIT A -ccen~her 22, gal 1 IICSGIt[I'`'T[()9! lxQli SJJV LLC FItOI'OSCU C'-C ~4NING A parcel of ]amd laeuteel in the NE 'L, nFtlre SE '!.~ of Section 15, T.3N., R. f'N, B.iw[., Ada County, Idaho, more particularly deseri6ed ax Fo11U5v~J: i'umrnencing at the tsottheast I:orpter nFthe SE V!d {the Enst'/•i comer [rFsaiti S~lirary ld}, Pmnt which the Snutlteast wmeraC'said 3ectocm l5 bears :letttl? QO° s9'0~" Nest, 2GS9.~46 Feet; T'lteuee North $~J° 14'4" West, Ftt]i].110 Feet along the north line aF the NE 'Ja nF th4 yE i:, to the RCAL I't71N'C OF BEGINNING of lhis deseriptic~c; Thence Smtth 90°30'@3" West, 1 G7.9'I feet pat'allel with the east line of the NE SF, aF the SE'a'n l0 S point; Thence North 89°29'5?" Wcst, SS.aGJ f«t lu a paint. of ctuwature; Thc;ncc 179.?~ feet aVon~ a euwve to the lets, said cwwe having a central angle uF ~7l° 11'29", to radio, of 25t7.Otl Feet, and a long chord rovhiclr bears South b9°54' l y"'[Vest 175.89 t'eet to a point of tan~enc} Thence S ~l9' 18'14" Wcst, 195.51 Feet [a a p,~int of curvanan; Thence I?032 l'cct along a curz'e to the right, said cu~~e 1>.3~~ing a central angle of 19°[72'[19 ",.a radius 7~f 25(1.t7i] Feet, and a long chord to•hich bcsrn South Fib°T9'34" west, 16a.b~l Feet to a paint an the west lute ul`the Nf % of the SE. 1l4; Thence North i7o°31'27" linst, X122.55 Feet along the west Line ot- [he NE',', aF the SE 'r.S to the ttardt~v'est corner of the NE !ia oFthe SE Y~, T17e-ace South &9'1°t'+1~1' East, 521,9 t`ert alotrog $roe nort9t Iiu7e nFthe NE !f, nFthe 3E °/a to the FD1NT OP 3EQINNINCI. t'.Ilntalriny' 1,35 ~4`I'9A, nl[rl'e Or leis. 40A I SLSJl V (C-C}_D&5-L7C1C Exhibit C Page 10 EXHIBIT A ~ecemher 22.201 I 13c~cRlrrlaly hc~a SJ.N LLC PROPaSEll 41-1_, _7,aiYliYt A parcel of lnrtil located in tlse TPE'l; of the SE '!< vF Section 15, T.3N., R.I W'., B.h1„ ~hda Gaunty, Idaho, more parlicldur[y tlescrihetl 0s' fallou~s; Carnanelacinp, at dlre northeast corner aF the SE ]t4 (the Easi /~ corner aTsaid Section I s}, from which $118 SOUtliC85t CURIer of Sald Sa:ohan I } ll['21r5 Soadh 0d°30'G3" l~rest, 2659.46 feet; 'Thence South 00"3U"03" 1Vzst, 278.x0 feet a[olug dhc ettst Iunc of the NE'll aFdhe 3E !/, to the REAL POINT` 0[' DCCINNING ati this tlescriptinn; Thence South 0[]°tl0'03" 5I+'est, 73G.74 t'2et a¢on~ the east litre of the NE 'lk aF the SE r± to a point; Thence Narth S4°34'0&" 14'cst, 233.31 Cent to It point on the nordherly rigku-of-u'a}~ of lutersTnl~ S-P; Thence alnn( the s.•aid nortllerlp~ right-vfw:ty the FaVlvw~ng courses and dist:tnccs; Tltenec South X47°33'05" West, l t7?1A9 feed; 'thence South 66°54`3U" N'es¢, 1 t1S.73 feet; Tluacc Sautlt 80°+?sl'21"l~+asd, 15iJ.16 Cee:; '1-hence Sowdh 7S"i)1'l3" ~~est, ]3{1.69 Feet; Thence Snudlt 79°i4'2G" 14'est, 177.77 feed; Thence Saudla SQL°AG'3R" West, lt_2,7? fa ei; Thence Sawth 88`'47'©i" W'esi, 108.?8 feet to a paint an the west line vt' the NE 4`I of the SE I11; 1'hedtes leaving sniff nnrtheriy right of way Mnrt9t 60°33"7" Eat, 87(1.78 t~~t a9cnr the west line of dltc NE 'fl al'dhc SE 'L~ to kl paint an a curve; Thence 17ti.32 Feet along a curvy to she lefa, said curve having a central angla vF 39°02'01 ", a radius of 2ifl,tlil Feet, and a long chard which hears North [i3"49'34" East, 11i7.0a feet to a pains of tangency; Thence North 649°1$`34'° E sd. 195,5 V feed to a Zronl of curwahut•; TIIL1lL'e 179,73 Fv'et alon~<I CI-C'.'l` to tl:c I'Itllt, 9x111 CIII'VC h.aVlt1~ a CCntnll t1n~14- ol'l l°l I'29", !1 rtrdius of?5t}.00 Teel, Arad a lonb eianrd which hears North G9°54' 19" East, l7i_89 feat to a paint of lmrgeney; Tlrcnca Saulh $9°29'57" fast, SS.Od] feet to a1 paint; 90M1 I &~:SJJ V (}I-L-}_DES.~OC Exhibit C Page EXHIBIT A 7fience Sunth 04°34'43" Vv'est, l 10,49 feet, p:irsllol tiviah the ea3t hire of the NC % of the SE S: to a pnunt, Thence Sauth 89°t d"A4n' EY7st, 844,44 t`eet ~larallel wide dte tx~rth Iilue ^F die NE- '!~ of [he SE h to the Pt7[NT C}C L3C[ifNNlTvt[i. Containing 2,17 acres, more or 9css. ~I~I _ I -~- ~ 'U-~-I-I I I I I I = 'I I 1 /..n[, a ~ t~ nE W KI/[ 1 I 7J \~L ^a X Pr6FMS 1 [t lawn mee ucl r \ - -~i al Ili ILL'S\(\~) 1. ' II'! I !'f~ a\ I I . I ~' LEGENO 10N axx~mmm~aue ~ j wq'a®mc>mran o I .revs mora~ua s ~~ Oil mwACm mwm®oezam g i nwoµ °un j~ r. ,,. W,,. ~ u.,,~, x[I/. @' - _--~ = ne.w a.l.~ ~~~'i V m~uWrt i[M/a.w'Li %ly Ful `u'~,i ~o49%uflW ~ uiC ~a1n`V~=~ ,n~n~. cuxvE rnelc ~ ~8, -} .x~-- / 1 urv~rrm®~ueuc pI '~iH ~~ ,~. w,cs /EO.OG HIQO ~!M ~ ~: EMN]~`i IrtM Y,6MW I ~ °°e ~ C~nam "`° a t I - ulNiu~-'~ q~' BLMEIL` ~ 6I PIpF~II'EYMO .~IIy ~ ~ I annum ad INRMW i,e Yq $ ~ - - - __-- .I. _._._ ~r.s..-._._.-.-:~~~ ~ Mmmnnrta ~_ ~~ ~~_~ - _..anvut_~n. ..a e.. p i i ',aGl ~ ate. ~ i ~ pMAP I Exhibit C Page 12 EXHIBIT A C. Required Findings from Unified Development Code 1. Annexation 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: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed zoning map amendment is consistent with the FLUM and complies with the applicable provisions of the Ten Mile Interchange Specific Area Plan (TMISAP). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to TN-C, C-C, & H-E is consistent with the FLUM designations for this site of HDE, MUR, and MUC for this property. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that 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. e. The annexation is in the best of interest of the City (IIDC 11-SB-3.E). The City Council finds that annexation of this property and subsequent zoning of the site is consistent with the future land uses designated on the FLUM and the objectives contained in the TMISAP for this area of the City. Therefore, the City Council finds that the annexation and zoning of this property as proposed by the applicant is in the best interest of the City and should be approved. Exhibit D ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 43 BOISE IDAHO 07/25/12 02:00 PM III II III III IIIIIIIIIII IIIIIIIIII II III DEPUTY Bonnie Oberbillig AECORDEO-REQUEST OF 112073617 Meridian Ciry DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. SJJV, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of ~.` , 2012, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and SJJV, LLC, 360 E. Montvue Drive, Suite 100, Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer 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 for each owner, 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, LC. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/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 Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation of the Property described in Exhibit A, and has requested a designation of C-C (Community Business District) and H-E (High Density Employment District), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subj ect Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT-SJJV, LLC (AZ 11-001) PncE I of 10 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation ofthe subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received fiuther testimony and comment; and 1.7 WHEREAS, City Council, the 7m day ofFebmary, 2012, has approved the Findings of Fact and Conclusions of Law as set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter refereed to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPERdeerns it to be in his best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his urging and requests; 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 Properly is in accordance with the terms and conditions of this development 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 re-zoning designation is in accordance with the amended Comprehensive Plan of the City ofMeridian adopted on April 19, 2011, Resolution Noll-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECTTALS: 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 cleaz context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMEN"I'-SIN, LLC (AZ 11-0 Cl) Pwce 2 of 10 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 SJJV, LLC, whose address is 360 E. Montvue Drive, Suite 100, Meridian, ID 83642, the party that owns and is developing said Property and shall include any subsequent owner(s) or 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 ofMeridian as described in Exhibit A describing the parcels to be annexed and zoned C-C (Community Business District) and H-E (High Density Employment District) attached hereto and by this reference incorporated herein as if set forth at length. 4. U5E5 PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement aze only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B-2. 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: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application. 3. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011 attached as Exhibit B to the Staff Report. 4. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development DEVELOPMENT AGREEMENT- SJ7V, LLC (AZ 11-0$) Pncs 3 of 10 Agreement to include a development site plan. The portion of the propertyproposed to be zoned C-C shall incorporate the following elements: a. An internal street system designed on a grid pattern or interconnected system with stubs provided to adjacent properties. Street section designs shall be consistent with those identified in the Ten Mile Interchange Specific Area Plan. Alleys and lanes may be permitted. b. Maximum number of stories for new construction adjacent to any intemal street is two (2). Buildings fronting Ten Mile Road and the east/west collector road maybe three (3) stories. 5. The following use restrictions shall apply to the property to portion of the property proposed to be zoned C-C: ["(-)" prohibited; "(P)"permitted; "A" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) except on the south side of the east/west collector from Ten Mile Road (P) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 6. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the northeast side of the subject property. The owner/developer shall install mains to and through the development, 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 then alternate materials shall be used in conformance with City of Meridian Public Works Department standard specifications. 7. Water service to these properties will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through the property at the time of development, and coordinate main size and routing with Public Works. 8. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 9. The agricultural use of the property may continue until such time as the property develops. The Right-to Fann Act, Idaho Code Section 22-4503 is applicable to the subject property. DEVELOPMENT AGREEMENT- SJJV, LLC (AZ 11-ODl) Pace 4 of IO 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owner/Developer or Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and heazing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notlce 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 wnect 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 ofthe same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Deve(oper, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder byeither Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such DEVELOPMENT AGREEMENT- SJ7V, LLC (AZ 11-001) Pecs 5 of l0 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. 7.5 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/Developershalt, immediatelyuponcompletion ofany portion or the entirety of said development ofthe 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. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and condifions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements ofthe Zoning Ordinance. 9.2 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 breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Properly by the City Council. If for any reason after such recordation, the City Council fails to adapt the ordinance in connection with the annexation and zoning ofthe Property contemplated hereby, the City shall execute and record an appropriate instmment of release of this Agreement. 11. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENTAGREEMENT-S71V, LLC (AZ 11-OD]) Pnce 6 of 10 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City orOwner/Developer, or by any successor or successors in title or by the assigns ofthe parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner/Developershatl have thirty (30) days after delivery ofnotice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which aze beyond the reasonable wntrol 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. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements aze completed, unless the City and Developer/Owner has entered into an addendum agreement statingwhen the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings ofFact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT- SIN, I.I.C (AZ 11A~1) PacE 7 of to 16. 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: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: SJJV, LLC 360 E. Montvue Drive, Suite 100 Meridian, ID 83642 16.1 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. 17. 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. 18. 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. 19. 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 ofthe Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation ofthe Property, orportions thereof, exceptthat any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developerhns fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT- SJ7V, LLC (AZ 11-OAI) PACe 8 of 10 20. INVALID PROVISION: If any provision ofthis Agreement is held notvalid 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. 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 aze no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. SJJV, LLC,~C~ By: CITY OF ATTEST: c;~yof Jaycee dJ Hohnan, City Clerk \~, SEAI. r. ONMO DEVELOPMENT AGREEMENT- SJJV, LLL'~lY:$EI'j PncE 9 of ]0 STATE OF IDAHO, ) County of Ada ss On this ~~ day of~ Vll 201~~e~fore me, the undersigned, a Notary Public in and for said State, persona ly appeared ~1 S ~ '`QYr~ P/1 S (JYI i'~'1,4 . known or identified to me to be the person who executed the agreement on behal of SJJV, LLC, and acknowledged to me that he 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. (SEAL) ,••'~ ND.~S}~ ~IQIIX~ ~ Cy~~}'L~, ~~ ~C~.+ '1' Notary Public for Idaho ccr~t' pgAR y Residing at: ' s ~ ~ ~... ` My Commission Exprres: GN 2`l 2D i ~ PUB~'~ ~O 7'E OF STATE OF IDAHO ) County of Ada ss On this 2 4 day of 2012, before me, a Notary Public, personally appeared Tammy de Weerd an Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ••'~iCA .Ip~.• •~5,~ 'CA ~ ,tp• (SEAL) .•,~ ~ ~O ~ ~'~ •~ No ry Public or Idaho ~, Residing at: ~~ata~~n 11~ ' '~ ; Commission expires: ~ ~av~ ~ X01 . , • pl1BLlG, moo. ••~9~'E OF ~P' ....• DEVELOPMENT AGREEMENT-SJJV, LLC (AZ 11-OQ1) Pecs 10 of ]0 December 22. 2011 DESCRIPTION FOR S.T.TV LLC PROPOSED C-C ZONING A pazcel of ]and located in the NE'/, of the SE '/, of Section 15, T.3N., R.1 ST/., B.M., Ada County, Idaho, mere particularly described as follows: Commencing at the northeast corner of the SE ] /4 (the East %, corner ofsaid Section 15), from which the Southeast comer of said Section 15 bears South 00°30'03" West, 2659.46 feet; Thence North 89°14'44" West, 800.00 feet along the nurtlt line of the Nlw %, of the SE'/~ to fhc REAL POIN'i' OF BEGINNING oY tlus description; Thence Sotrth 00°30'03" West, 167.91 feet parallel wifh the east line of the NE'ia of the SE '1< to a point; Thence North 89°29'57" West, 55.00 feet to a point of curvature; Thence 179.73 feet along a curve to the left, said curve having a central angle of 41 °11'29". radius of 250.00 feet, and a Tong chord which hzars Sotrth fig°54' 19" West, 175.84 feet to a point of tangency; Thence S 49°18'34" West, 195.51 feet to a point of curvature; Thence 170.32 feet along a c!nve to the right, said curve having a cen~l angle of 39°02'01", a radius of 250.OD feet, and a long chcrd which heats South 68°49'34" West, 167.04 feet to a point on the west line of the NE '/< of the SE 1/4; Thenc: North 00'33'27" East 422.55 feet along the west line ofthe NE %, of the SE '/. to the northwest corner of the NE '/ of the SL ''/4: Theuce South 89°14'44" East, 521.59 feet along the north. line of the NE '/ of the SE'/~ to the POI"i4T OF BEGIlv'Nrldi. Containing 3.35 acres, mo,e nr less. REV PROVAL t3Y FEB 2 4 2012 MERIDIAN PUBLIC WORKS DEPT_ 904 i 815AV (C-C)_DES.DOC December 22, 2011 DESCRIPTION FOR SJJV LLC PROPOSEll II-E ZONING A parcel of land located in the NE %, of the SE '/ of Section IS,T.3N., R.t W., R.M., Ada Comity, Idaho, more particularly described as foI lows Commencing at the northeast comer of the SE 1/4 (the East ~, corner of said Section 15), fi'om which the Southeast corner of said Section 15 bears South 00°30'03" West 2659.46 feet; Thence South 00°30'03" West, 278.00 feet along the east line of the NE'L. of the SF, %, to the REAL YOINT OT' BEGINNING of this description; Thence South 00°30'03" West, 736.74 feet along the east line of the NE'G of the SE'/a to a point; Thence North $9°34'08" West, 233.31 feet to a point on the northerly right-oF-way of Interstate $4; Thence alongthe said northerly right-ef--way [he following courses and distances: Thence South 47°33'05" West, 109.09 feet; Thence South 66°54'30" West, 105.73 feet; Thence South SC°09'2l" West, 150.Ih feet: Thence South 7b°01'13" West, 330.69 feet; Thence South 79°54'26" West, 177.77 feet; Thence South 84°46'38' West, Iti2.75 feet; Thence Sotrth $8°4705" West, 10818 feet to a point on the west line of the NE '/, of the SE ';'~; Thence leaving said ncrtherly right of way North DO°33'27" East, 87b.7S f et alcrg [he west I ine of the NE % of the SE '/<- to a point nn a crave; Thence 170.32 feet along a curve to the left, said curve having a central angle of 39°02'D I ", a radius of 250.OD feet, and a long chord which bears Notch 68°49'34" Fast, 167.04 fee[ to a poin[ of tangency; Thence North 49°15'34"' East, ].955 I feet to a poin*. of curvann~z; Thence 179.73 feet along a carve to the right, said curve having a cenhal angle of 41°11'29". a r..dins of 250.00 feet, and a long chord wlueh bears Tdatat 69°54'19" Bast, 175.39 feet to a point of tangency; Thence South 89°29'57" L-asi, SSAO feet to a point; 99A 18\S11V (H-H)_DES.DOC Thence South 00°0'03" West, L 10.09 feet, parallel with the east line of the NE %, of the SE 94 to a point; Thence South 89°14'41" East, 800.00 feet parallel with the north line of the NE `/ of the S~ '/ to the POINT OF BEGINNING. Containing 27.17 acres, more or less. REVI 0. PROVAL BY FEB 2 4 2012 M WORKS DEPTIC 90dISISJJV fH-El DES.DOC EXIIIBIT A STAFF REPORT Hearing Date: December 6, 2011 TO: Mayor & City Council (~E IDIAN~-- FROM: Sonya Watters, Associate City Planner ~ C3 ,~ ~ [~ 208-884-5533 SUBJECT: A~11-001- Ten Mile Annexation I. SUMMARY DE5CRH'TION OF APPLICANT'S REQUEST The applicants 8c property owners, 7anicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC, have applied to annex and zone a total of 116.25 acres of land with a C-G zoning district. The applicant has submitted a conceptual layout for collector streets within the site based upon the transportation system map in the Ten Mile Interchange Specific Area Plan (TMISAP). Neither a conceptual development plan. for the overall site nor for the individual properties has been submitted. See Section 10 of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends denial of the proposed AZ application and zoning as proposed by the applicant based on the Findings of Fact and Conclusions of Law in Exhibit D. In the alternative, staff has proposed other zoning that could be supported. (See analysis in Sections VII and IX for more information.) the subject AZ request. a. Summary of Commission Public Hearine: i. In favor: Becky McKay. Eneineerine Solutions ii. In opposition: None iii. Commentine: Chris Penland iv. Written testimony: Brad Boe: Kevin Shreeye; Richard & Patsy Fedrizzi v. Staff presentine application: Sonya Watters vi. Other staff commentine on application: Pete Friedman b. KeY Issue(s) of Discussion by Commission: i. The consistency of the proposed C-G zonine in reeard to the intent of the Ten Mile Interchanee Specific Area Plan and the future land use desienations for the property; ii. The appropriateness of C-G canine directly adjacent to residential without a development plan (no transition in zonine/uses). c. Kev Commission Chanee(s) to Staff Recommendation: i. None d. Outstandine Issae(sl for City Council: i. None a< ummarv of City Co uncil Pnhlic Hearine: ' 1 avor: Becky McKay. Applicant s Representative: Lnuann .Tanice i4 Tn opposition: No ue iii. Commentinu: No ne Ten Mile Annexation AZ-11-001 PAGE I EXHIBIT A IY. Wri tten te stimony : Becky McKay. Annlica nYs Renrese ntative y, Staf f nrese ntin¢ an nlimtion: Sonya Wafter s 17. Oth er staff comme ntine nn aggticat ion: Ca leb Hood 1L. Kev iss ues of D iscussi on by Council: i. he requir ement f or restrictigns nn the si c of buidiq¢ footgrigts in the C-C zt~nin¢ ~, dist ev Co rict. uncil C haneev to Staff/Commicc ion Rec ommendatio n i, Rem nve th e restric tion on each of th e devel opment anre eroents re¢erding the max imum building footprint allowe d in the C-C 2nnine district. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number AZ-11- 001, as presented during the heazing on December 6, 2011. Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number AZ-11-001, as presented in the staff report for the hearing date of December 6, 2011, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Number AZ-11-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Locafion: The site is located at the northwest comer of I-84 and S. Ten Mile Road and extends to '/< mile south of W. Franklin Road on the west side of Ten Mile, in the east'/: of Section 15, Township 3 North, Range 1 West. (Ada County Assessor Pazcel #'s: 51215131200; 51215417210; 51215417400) Owner(s): 7anicek Properties, LLC 270 E. Connemara Lane Eagle, ID 83616 Fedrizzi Ten Mile, LLC 3026 S. Whitepost Way Eagle, ID 83616 SJJV, LLC 360 E. Montwe Drive, Ste. 100 Meridian, ID 83642 C. Applicant: Same as owners D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosazio Slreet, Ste. 100 Meridian, ID 83642 Ten Mile Annexation AZ-11-001 PAGE 2 EXHIBIT A E. Applicant's StatemenUJustification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: July 4, and 18, 2011 (Commission); September 12, and 26, 2011(City Councip C. Notices mailed to subject property owners on: July 23, 2011 (Commission); September 8, 2011 (City Council) D. Applicant posted notice on site(s) an: July 11, 2011 (Commission); September 24, 2011 (Gifu Council VL LAND USE A. Existing Land Use(s) and Zoning: This site consists of agricultural properly currently zoned RUT in Ada County. B. Chazacter of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Agricultural land [approved for future residential uses (Baraya Sub.)], zoned R-8, R- 15, and R-40; and agricultural land, zoned RUT in Ada County. 2. East: Agricultural land, zoned RUT in Ada County. 3. South: Interstate 84; and agricultural land [approved for future commercial, employment, and residential uses (Meridian Crossing)], zoned R 40, C-C, M-E, and H-E. 4. West: Agricultural land [approved for future commercial, employment, and residential uses (Meridian Crossing)], zoned R-4Q, C-C, M-E, and H E. C. History of Previous Actions: None for the subject property. Other propertieslprojects in the Ten Mile area that have been zoned consistent with the FLUM designation contained in the TMISAP are as follows: • Meridian Crossing (AZ-09-008) -This property consists of 115.26 acres and was annexed with C-C (48.59 acres); H-E (27.27 acres); M-E (22.57 acres); and R-40 (16.83 acres) zoning consistent with the FLUM designations of MHDR, MUG, HDE, and ME. • Bazaya Subdivision (AZ-06-061) -This property consists of 95.57 acres and was annexed with R-8 (28.17 acres), R-15 (5413 acres), and R-40 (1326 acres) zoning consistent with the FLUM designations of MDR, MHDR, and HDR. • Silver Oaks aka Avendale Apartments (AZ-OS-016) -This properly consists of 24.61 acres and was annexed with R-15 zoning consistent with the FLUM designation of MHDR. • Southridge 3l (AZ-08-016) -This property consists of 36.27 acres and was annexed with M- Ezoning consistent with the FLUM designation of ME. • Southridge (AZ-06-031, RZ-08-008, AZ-09-009) -This properly consists of 300+ acres and is zoned R 2, R-4, R-8, TN-R, TN-C, L-O, C-C, and M-E and consistent with the FLUM designations of MDR, MHDR, MUG, PARK, CIVIC, and ME. • Barletta Subdivision (AZ-10-002) -This property consists of 5.94 acres and was annexed with Rl zoning consistent with the FLUM designation of LDR. Ten Mile Annexalion AZ-l 1-001 PAGE 3 EXHIBIT A D. Utilities: 1. Public Works: a. Location of sewer: 36 inch sewer trunk main located near the Purdam Drain on the North East side of the subject property. b. Location of water: Ten Mile Rd and W Franklin Road. c. Reclaimed water is available to this site and located in S Ten Mile Road. d. Issues or concerns: None E. Physical Features: Canals/Ditches Irrigation: The Purdam Drain bisects the northem parcel (Janicek's property) and extends to Ten Mile Road across the northern portion of the Fedrizzi property; other smaller ditches/canals traverse the property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is located in the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP). The TMISAP focuses on developing an area that has an identity of its own but which (inks to nearby developments. The plan emphasizes the community's support for higher densities and mixed uses to create a vibrant and economically strong city. The plan also stresses the community's commitment to good site planning and design as a means of establishing a place everyone can be proud of and one that protects the interests of future businesses and residents (pg. ix). The Future Land Use Map (PLUM) contained in the TMISAP collecfively designates the subject properties for Medium High Density Residential (lull-IDR), Mixed Use Commercial (MLJC), Mixed Use Residential (MUR), Green Space and Parkland (PARK), and High Density Employment (HDE) uses. The designations for the individually owned parcels aze broken down as follows: Janicek properly (northern 80.62 acre parcel): MUR (40.7 +/- acres); MHDR (2.22 +/- acres); MUC (30.17 +/- acres); and PARK (6.8 +/- acres) Fedrizzi Ten Mile property (central 5.11 acre parcel): HDE (2.14 +/- acres); MUC (1.04 +/- acres); and PARK (1.77 +/- acres) SJJV property (soulhem 30.52 acre parcel): HDE (28 +/- acres); MUC (5 +/- acres) The applicants propose to annex all three of the subject properties with a C-G (General Retail and Service Commercial) zoning district. The C-G district represents the largest scale of the commercial districts and allows the broadest mix of retail, office, service, and light industrial uses. Staff is of the opinion this designation is more appropriate in areas with a Commercial or Lifestyle Center PLUM designafion because of the more intense types of commercial uses deshred in those aeeas and does not support C-G zoning of the property. Staff has included analysis below on each of the PLUM designations for this site and has recommended a zoning district that staff believes is compatible with the associated land use designation and the TMISAP for this area. Consistent with sound planning principals, future zoning should be consistent with the future land use designations of the Comprehensive FLm. Staff is of the opinion the integrity of the Flan should not b® modified to address what may be perceived as the highest and best use of individual properties. Ten Mile Annexation AZ-11-001 PAGE 4 EXHIBIT A Consistent with past land use decisions in the Ten Mile planning area, zoning of the property should be consistent with the FLUM (see Section VLCfor details). LAND USE DESIGNATIONS: MHDR: These azeas are recommended primarily for relatively dense multi-family housing types such as row houses, townhouses, condominiums, and aparment buildings and complexes. MHDR areas should include a mix of housing types that achieve an overall average target density of 12 dwelling units per gross acre with a range from 8-15 units per acre. (See pages 3-6 & 3-7 in the TMISAP for more information.) The FLUMdesignates approximately 2.22 acres at the northwest corner of this site for MHDR uses. The adjacent property to the west is zoned R-40 and is intended to develop with a mix of apartments, condos, and townhomes; the adjacent properly to the north is zoned R-IS and intended to develop with single family residenfial uses (townhomes &alley-loaded lots), consistent with the MHDR designation. The use of the subject property was intended to tie in with these properties but is separated on the west by the Purdam Drain, a year round waterway that is proposed to remain open, as well as a strip of land designated for PARK uses that is intended to include a section of the City's multi-use pathway. The applicant proposes C-G zoning for this property which requires conditional use approval for multi family developments and prohibits single family attached, two family duplex, and townhouse dwellings -all desired uses in the MHDR category. As mentioned above, Staff recommends an alternative to the C-G zoning proposed by the applicant that staff is of the opinion is more appropriate for this area. The TN-C zoning district allows all of the aforementioned uses as principal permitted uses, except two family dwelling duplexes which require conditional use approval. Because of the small size of the MHDR designated property and the physical separation of this property from the property to the west by the Purdam Drain, staff feels it more appropriate to zone this portion TN-C (rather than R-40 or R-I5, or the C-G district in which all residential uses except multi family are prohibited) consistent with Staffs recommended zoning of the adjacent MUR designated property to the east. Development on this portion of the site should be compatible with the planned residential uses to the north and west. MUR: These areas are intended to encourage a diversity of compatible land uses that may include a mix of residential, office, retail, recreational, employment, and other miscellaneous uses. While the focus of these areas is on residenfial uses, the horizontal and vertical integration of retail, office and employment uses is essential to securing entitlements. Developments aze required to integrate the three major use categories -residential, commercial, and employment. Live-work units are strongly encouraged in MUR areas as are a variety of other housing types. Office, employment and commercial areas are generally small in scale and focused on neighborhood services within these areas. Traditional neighborhood design concepts are essential. The mix of uses should allow for a diversity of housing with for-sale and rental properties. The goal in these areas is to achieve a FAR of 0.75 or more. This land use designation calls for an overall target density of 8-12 dwelling units per acre, with higher densities allowed on individual projects. The FLUMdestgnates approximately 40.07 acres of this site for MUR uses. The adjacent property to the north is designated for HDR (High Density Residential) uses; a portion of which is zoned R-40 and the remainder is yet to be annexed. The property to the northwest is designated for MHDR uses and is zoned R-15 & R-40. Again, the applicant proposes C-G zoning for this property which requires conditional use approval for multi family developments and prohibits single family detached/attached, two family duplex, and townhouse dwellings -all essential uses in the MUR category which focuses on residential uses. Ten Mile Annexation AZ-11-001 PAGE 5 EXI-IIBIT A Vertically integrated residential projects are principally permitted in the C-G district. Office, employment and commercial areas in the C-G district are not limited in scale and are not focused on neighborhood services as desired in MUR areas. Additionally, maximum building height in the C-G district is 65 feet, which could result in larger scale commercial uses than desired in MUR areas as office, employment and commercial uses are generally small in scale and focused on neighborhood services within MUR areas. The TN-C district allows all of the aforementioned uses in addition to office and retail uses as principal permitted uses; two family dwelling duplexes and recreational facilities require conditional use approval. Because the focus in MUR areas is on residential uses and most residential uses are either prohibited or conditional uses in the C-G district, Staff is of the opinion the TN-C district is more appropriate and consistent with the MUR designation and the intent of the TMISAP for this area. Also, the maximum building height in the TN-C district is 45 feet and the moximum building footprint is 20, 000 square feet; however, other than retail, all other uses may be allowed a greater footprint through the conditional use process -this helps to limit the scale of development & directs the focus to neighborhood services rather than larger scale commercial uses within these areas. Finally, the zoning district compatibility matrix contained in the TMISAP lists the TN-C district as the best zoning choice for MUR designated areas. Therefore, staff recommends a TN-C zoning district for all of the MUR designated area 114i1C: These areas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi-family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. Traditional neighborhood design concepts with a strong pedestrian- oriented focus are essential. The goal in these areas is to achieve a floor area ratio (FAR) of 1.00-1.25 or more. The MIJC designation calls for an overall target density of 8-12 dwelling units per acre, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MIJC designation should be used for residences. (See page 3-9 in the TMISAP for more information.) The FLUMdesignates approximately 36.21 acres of this site for MUC uses. The adjacent property to the west and south, also designated MUC, is zoned C-C and is proposed to develop with ground level retail with residential above consistent with the MUC designation. The applicant's proposed C-G zoning of this property allows o,~ce, retail, vertically integrated residential projects, and recreational facilities as principal permitted uses in the district but requires conditional use approval of multi family developments and prohibits single family attached residential uses -important components of MUC designated areas as they provide an essential mix of uses and support the commercial uses. The TN-C district allows all of the aforementioned uses as principally permitted uses except for recreational facilities which require conditional use approval The zoning district compatibility matrix contained in the TMISAP lists the TN-C district as the best zoning choice for MUC designated areas. For these reasons, staff recommends a TN-C zoning district for all of the MUC designated area north of the %: mile collector street. The boundary of the TN-C zone should go to the centerline of the proposed collector street (see Fachibit A.2). (Note: There is small strip of land at the southwest corner of the .lanicek property that is between the subject property and the road that is zoned C-C. The zoning of this area should be "cleaned up" by rezoning the area to TN-C to the centerline of the road if a rezone is submitted in the future for the Meridian Crossing property.) Ten Mile Annexation AZrl 1-001 PAGE 6 EXIlIBIT A The C-C district is very similar to the C-G district in that it allows (& prohibits) all of the same uses listed above for the C-G district that are desired in the MUC area but allows slightly less intense uses overall than the C-G district. The property to the west of the SJJV property is zoned C-C. The zoning district compatibility matrix contained in the TMISAP lists the C-C district as a possible zoning choice for MUC designated areas. To add variety in development potential for the site, staff recommends the area on the south side of the proposed % mile collector road be zoned C-C from the south boundary of the Fedrizzi parcel north to the centerline of the proposed collector road and west from the Fedrizzi property to the location of the stub street at the west boundary of the SJJY property along the frontage of the collector street in the approximate configuration shown in Exhibit A.2). This will bisect a portion of the SJJYproperty with two zones in the area where the property should eventually be divided by the extension of the stub street to the east. Zoning this portion of the site C- C is consistent with the adjacent C-C zoning and the MUC designation. HDE: These azeas aze recommended as predominantly office, reseazch and specialized employment azgas; and generally do not include retail and consumer service uses serving the wider community. Limited retail and service establishments primarily serving employees and users of the I3DE azeas aze encouraged. HDE areas should provide a variety of flexible sites for small, local or start-up businesses, as well as sites for lazge national or regional enterprises and should be designed to encourage multimodal travel and convenient circulation to supporting services located within the area. Whenever possible, I-IDE azeas should provide restaurants, lodging and other services in support of the employment uses. Land use types in HDE azeas include corporate, business and professional offices, research facilities and laboratories with complementary uses primarily serving district employees and users, such as business services, conference centers, child care, restaurants, convenience retail, and hotels and motels. It is anticipated that buildings will range in height from 1-6 stories, have total floor areas of 10,000-1,000,000 square feet, and that the FAR will exceed 1.0. Designs that promote open space and parks are strongly encouraged. Structured pazking is also allowed. (See page 3-11 of the TMIASP for more information.) The FLUMdesignates approximately 30.14 acres on this site for HDE uses. The applicant proposes a C-G zoning district, which allows the broadest range of commercial uses including offices, research and development facilities, retail, restaurants, hotels/motels, and consumer service uses. In the C-G district, these uses are not limited to primarily serve employees & users of the area as intended in the HDE designation,- uses in the C-G district are intended to serve the wider community. This development pattern has the potential to diminish or under utilize the area that is envisioned as a prime economic development driver for the City. Additionally, the maximum building height allowed in the C-G district is 65 feet which may not allow for the full build out potential desired in the HDE designation. The H-E zoning designation was implemented after the adoption of the TMISAP specifically for HDE designated areas and accommodates the desired uses in the scope and manner intended for this area. H-E zoned areas are intended to be located in close proximity to federal and state highway interchanges and major arterials. The subject property abuts Interstate 84 on the south and S Ten Mile Road, an arterial street, on the east. The maximum building height in the H-E district is 95 feet allowing for maximum number of stories allowed within the HDE designation. Additionally, the H-E district limits retail and restaurant uses as accessory uses to the principal permitted uses on the site as desired in HDE areas. For these reasons, staff recommends the HDE designated property is zoned H-E consistent with the intent of the ZIDE designation. PARK: Pazks and public recreational facilities are located convenient to the neighborhood, community or regional populations that they aze intended to serve, where the land is suitable for the planned activities. Convenient access to neighborhood pazks should be provided by local streets, Ten Mile Annexation A~11-001 PAGE 7 EXHIBIT A sidewalks, and bicycle and pedestrian pathways and trails, with a reasonably direct route available from most neighborhood locations. Adequate vehicle pazking and pedestrian and bicycle support facilities, such as benches, lockers, and bike racks, should be provided. Narrow open space corridors aze recommended locations for pedestrian or bicycle pathway connections. The FLUMdesignates a relatively narrow strip of land, approximately 140 feet wide for PARK uses that bisects the Janicek property and runs along the northeast boundary of the Fedrizzi property to Ten Mile Road. The area consists of 8.57 acres and is designated on the Meridian Pathways Network Map contained in The Meridian Pathways Master Plan to contain a section of the City's multi-use pathway system. The planned pathway will provide a pedestrian & bicycle connection to adjacent residential, commercial, and employment uses when constructed. This open space area will also provide a convenient recreation area for adjacent residential uses as well as commercial & employment uses within the development. Because there is not a specifrc zoning designation for PtIRK designated land, staff recommends the area is zoned the same as the adjacent land. TRANSPORTATION: The transportation component of the TMISAP specifies future through- connections asthey relate to the overall transportation network and collector street network. Interconnectivity is a hallmazk of the plan with the intention of having a sound understanding of the street alignments rather than creating alignments based on case by case development applications. Street design elements integrate walking, biking, transit, driving, and delivery routes. Conceptual renderings depict streetscape improvements, commercial, civic and mixed use areas as they relate to the overall use and development concept (pg. ix). The Land Use Map and Transportation System Map contained in the TMISAP identify a conceptual collector street network for the Ten Mile planning area. Staff has reviewed these maps in relation to the applicants' proposed street network for the site and found it to be consistent with these maps. The street network plan proposed by the applicant includes anorth/south street through the SJJ V property that runs along the west boundary of the Fedrizzi property that is not shown on the maps; however, staff is supportive of this street as it will provide a connection between the two future easUwest collector streets. After discussion with the owners' representatives, City staff reviewed the analysis, proposed right-of- way alignments, and accesses contained in the Ten Mile Interchange Commercial Traffic Analysis dated February 15, 2011 prepared by Dobie Engineering, for consistency with the TMISAP. Mr. Pete Friedman, Deputy Planning Director issued a letter dated Mazch 14, 2011 regazding his review, included in Exhibit A.3.1n summary, in absence of specific development plans, the City is in general agreement with the assumptions of the study and some of the proposed access points, but is of the opinion that other accesses should be determined when specific development plans aze proposed. The access points that Staff is in general agreement with aze circled in red on the map included in Mr. Friedman's letter (see Exhibit A3). The access depicted as #5 should be moved to the property line; the access depicted as #3 to Ten Mile Road should only be an emergency access if approved by ACHD. As previously stated, all other accesses should be determined at a later date with a specific development plan. Gary Insehnan, ACHD, also issued a letter dated March 17, 2011 in regazd to his review of the traffic analysis and proposed access points (see Exhibit A.5 for more information). In summary, ACRD has not approved a signal, nor will they consider approving a signal at this time for the north access road to Ten Mile on the southern portion of the Carney property; the accesses shown on the north and the north south collectors conform to ACRD standazds & would be approved; the direct access to Ten Mile Road via the Fedrizci property does not conform to ACHD standazds & would not be considered -emergency access only would be considered if required by the City; the access to the street shown at the west side of the Fedrizzi property conforms to ACRD policy & would be approved; the access points shown on the south collector generally conform to ACHD policy but ACHD will withhold Ten Mile Annexation AZ-11-001 PAGE 8 EXIIIBIT A comment on the function & operation of the accesses until additional information that was requested is provided; the proposed right-of--way layout appears to be sufficient for the proposed roadways, however a more detailed review of the required right-of-way for the various roadway segments by ACHD and the City is suggested before legal descripfions aze prepared. Approval of any access points will be contingent upon the parcels developing consistentwith the land use assumptions within the TMISAP and are subject to change or modification if the proposed land uses and/or traffic conditions change in the future. All future development of the parcels will be subject to the ACHD policy in effect at the time the application is received by ACHD. DESIGN: The TMISAP emphasizes density and mix of uses along with the quality of the built environment. Recommendations on the locafion and design of building frontages and limits on building heights play an integral role in the firture evolufion of the Ten Mile Interchange Area. The locafion, scale, form, height, and design quality of public and private buildings directly affect the Ten Mile Interchange Area's success as a great place to live, work and raise a family (pg. 3-31). MUR: All development within this category should incorporate traditional neighborhood design concepts in accord with the TMISAP such as higher density buildings close to the street, easy pedestrian access, narrower streets to slow traffic, parking lots behind or under buildings, and residences with porches or balconies facing the street. MUC: All development within this category should incorporate traditional neighborhood design principles and concepts in accord with the TMISAP (see MUR above). A strong pedestrian- oriented focus is essential in this area. TIDE: All development within this category is strongly encouraged to incorporate designs that promote open space and pazks. Structured parking is also allowed. GOALS, OBJECTIVES, & ACTION ITEMS: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use ofthis property (staff analysis in italics): • Implement the City's Pathways Master Plan to provide a bike and pathways system between neighborhoods, local collectors, and community destinations. (Chapter 6, pg. 83) A section of the City's multi-use pathway system is designated on this property in the area designated for PARK uses in the City's Master Pathways Plan. This pathway will provide pedestrian and bicycle connectivity to and through this development. • Permit new development only where urban services can be reasonably provided at the time of fmal approval and development is contiguous to the City. (Chapter 3, pg. 45) This property is contiguous to other properties already annexed into the City. Urban services can be provided to this property upon development. • Work with transportaticn agencies and private properly owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning; use COMPASS' Access Management Toolkit. The primary purpose of the subject annexation is to identify and establish a street network system in this area to facilitate development of the Ten Mile Interchange area. Staff has reviewed the proposed street network in relation to the Transportation System Map contained in the TMISAP and found it to be consistent with the plan. The City, along with ACHD, has provided a response to the Ten Mile Interchange Commercial Traffrc Analysis (see Exhibit A for more information). Ten Mile Annexazion A~11-001 PAGE 9 EXHIBIT A • Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood conneotivity as part of a community pathway system. (Chapter 3, pg. 48). The multi-use pathway planned through this property will link to a pathway northwest of this site in Baraya subdivision which will contribute to the goal of providing neighborhood connectivity through the City s pathway system. • Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. A mix of residential uses is required to be provided in MIID$ MUR & M17C designated areas. The zoning proposed by staff will allow for a variety of residential uses to be developed within this site. • Provide housing options close to employment and shopping centers. (Chapter 3, pg. 54) The southern portion of this site is designated for HDS uses. In close proximity to the north, a mix of residential uses is required within the MIID$ MIIR, & MUC designated areas. • Improve and protect creeks throughout commercial, industrial, and residential areas (Chapter 5, pg. 69) Although not a creep the Purdam Drain crosses the subject property and is a year round waterway This waterway will remain open but will be piped at vehicular crossings. The area where the drain is located is designated to develop with PARK uses and will be improved as an amenity. In summary, Staff is of the opinion the proposed C-G zoning is not consistent the with the land use designa[ions contained in the TMISAP and the overall plan for the Ten Mile area for the reasons stated above- As an alternative to decrying the application, staff has provided recommendations on zoning that staff feels is more appropriate for this area. The collector street network plan submitted by the applicants is determined to be consistent with the transportation plan contained in the TMISAP. VIII. UNIFIED DEVELOPMENT CODE (IIDC) (Staff has included details ire italics below pertaining to staff's recommended zoning of the property.) A. Purpose Statement of the Districts: • The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (LTDC 11-2B-1). • The purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Yertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity of each other, and it provides for the daily recreational and shopping needs of the residents (TJDC ZI-2D-I). B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and Ten Mile Annexation AZ-11-OOI PAGE ]0 EXHIBIT A prohibited (-) uses in the proposed C-G zoning district. Any use not explicitly listed is prohibited. UDC Table Il-2B-21ists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the staff recommended C-C & H-E zoning districts. UDC Table 11-2D-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the TN- Czoning district. Any use not explicitly Zisted is prohibited. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the proposed C-G zoning district pertain to development of this site if the proposed AZ is approved. The dimensional standards listed in UDC Table 11-2B-3 for the C-C and H-E districts, and UDC 11-2D-5 for the TN-Czoning district apply to this site if the zoning recommended by staff is approved. D. Landscaping: If the proposed AZ is approved, street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2B-3 for the proposed C-G district. Parking lot landscaping shall be installed in accordance with the standards listed in UDC 11-3B-8C. Landscape buffers to adjoining residential uses shall be installed in accordance with the standards listed in UDC 11- 3B-9C and Table 11-2B-3. Sheet buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2B-3 for the proposed C-C and H-E districts. Parking lot landscaping shall be installed in accordance with the standards listed in UDC Il-3B-SC. Landscape buffers to adjoining residential uses shall be installed in accordance with the standards listed in UDC 11-3B-9C and Table 11-2B-3. (The UDC does not currently include landscape requirements for sheet buffers or buffers to adjoining residential uses in the TN-C district) E. Off-Street Pazking: If the proposed AZ is approved, non-residential uses require one off-street parking space for every 500 square feet of gross floor area and parking azeas are required to be designed in accordance with the standards listed in UDC 11-3C-5. Additionally, one bicycle parking space is required to be provided for every 25 proposed vehicle parking spaces, or portion thereof, in accordance with the standards listed in UDC 11-3C-SC. For residenfial uses, the required number of off-street parking spaces varies according to the number of bedrooms per unit (see UDC Table 11-3C-6 for more information). IX. ANALYSTS A. Analysis of Facts Leading to Staff Recommendation: The Applicant requests approval to annex a total of 116.25 acres of land, consisting of three parcels owned by three different property owners, with a C-G zoning district. The property is collectively designated on the FLUM contained in the TMISAP for MUR, MUC, MHDR, PARK, and HDE uses. Overall, development in this area should integrate the three major use categories: residential, commercial, and employment and contain a variety of residential housing types, commercial uses, offices, retail, recreational facilities, employment, and other miscellaneous uses. Based on the TMISAP, Staff is of the opinion the requested C-G zoning of the site is not consistent with the FLUM designations contained in the Plan for this area and the overall plan for the Ten Mile area for the reasons stated above in Section VII. In addition, no conceptual development plans have been provided- If the applicants wish to proceed with the C-G zoning district, Staff recommends denial of the subject AZ application. Note: Staff discussed other Ten Mile Annexation AZ-I I-OOI PAGE I1 EXIIIBIT A zoning options with the applicant's representative, during the pre-application meetings that are consistent with the FLUM,• however, the applicants wished to proceed with the C-G requesf despite Staff's recommendation. Note: As an alternative to denial of the AZ application, staff has provided a recommendation for zoning of this property contained in the analysis in Section VII above that staff feels is more appropriate for this area and is consistent with the FLUM (see zoning map recommended by staff in Exhibit A.2). If the applicants are agreeable to the zoning proposed by staff and want to proceed forward with a favorable recommendation, staff recommends the Commission continue thrs application to a later meeting in order for staff to draft development agreement (DA) provisions, amend the ,findings, and prepare a recommendation for approval The applicant would also be required to submit revised legal descriptions based on the zoning boundaries recommended by the Commission. Because a plat is not proposed at this time that depicts the exact location of roads and lots within the development, staff recommended zoning district boundaries are approximate and may change in the future with a detailed development plan and plat. If the Commission chooses to recommend approval of the applicants request for C-G zoning of the property, the application will need to be continued to a later meeting in order for staff to draft development agreement provisions, amend the findings, and prepare a recommendation for approval. In either case, provisions of the DA would include requiring a conceptual development plan be submitted prior to submittal of a Cert~cate of Zoning Compliance application which would necessitate a modification to the DA at a later date to include the plan; and requirement for easements or right-of-way dedication for the proposed collector streets within the property that are consistent with ACHD standards. X. EXHIBTTS A. Drawings/Other 1. Vicinity Map 2. Zoning Approved by City Council 3. Proposed Collector Street Network 4. Ten Mile Interchange Commercial Traffic Analysis -Response from Fete Friedman, Deputy Planning Director 5. Ten Mile Interchange Commercial Traffic Analysis -Response from Gary Inselman, ACHD 6. Access Points 7. Development Agreement Provisions B. Annexation Legal Descriptions & Exhibit Map C. Required Findings from Unified Development Code 1'en Mile Annexation AZ-11-001 PAGE 12 EXHIBIT A A. Drawings 1. Vicinity Map Exhibit C Page 2 EXHIBIT A 2. Zoning Approved by City Council Exhibit C Page 3 EXHIBIT A 3. Proposed Collector SlreetNetwork Exhibit C Page 4 EXHIBIT A 3. Ten Mile Interchange Commercial Traffic Analysis -Response from Pete Friedman, Deputy Platrning Director ~~~~ ~DIA~T~~ 1i3f1HCl March 14, 2011 Mr. Gary lnselman Ada Coun[y Highway Dishic[ 3775 Aclams Strcct Gaeden Cil}', ID 83714 SCPAJGCT: TI3TF MILE INT'F.RCHANGE WEST ACC1355 ANAYLSIS Dear (fury: MayarTammydc Ykerd Ctty C9aruil Memberr: Keith Gird 6iad Hoaglun Charles aw+ntree Dxvld Zaremba This is in irsponec to the Tcn Mile Interchange Commctcial Traltic Analysis dated Pehmury I5, 201 I by Dobie Errgincenrtg. City of hferidian 1'latwhig and Puhliu Works staff have teviu+vcd Ate analysis, pnipuscd right of wa}• alignments and accesses for eonsfslcncy with the Tear Mile Intetclrsutgc Specific Area Plan (TMISAFs). In the absuttce of spaciGc develvpmonl plans +ve wa iu gcncml agtremm~t with tlto underlying assumptions of tkte study utd same nCtfre proposed xxess points. We are of the opinion that it wetdd he heneAcial to trait until spacilic dcvclvprsrcnt plans are proposed to dcternrine outer accesses. Wo necognize that the analysis is correctly teased on Ate adopted land use designations of the TMISAP even Arouglr the precise Iattd uses are root identified. While the I~AR ernployed in rtes analysis (,56) is lower {han naticipated in the TMISAP it seems reasonahic since the recunurterulerl FARs in Ate plan do not acwunt t'or road rights of way and alleys, '!teas, wn one In general agmcment with the assumptions With regard fa tlia proposed aeceses, +Ye recognize and support rtes DistricPs policy of identifying aGCesa nt the tiwe of development eppGeaiion and appreciate llrt District's t3exibilily in reviewing the pmpt>Sed accesses acid right of way aligntnenls in this anique situarian_ Based vn our review of iha analysis and the proposed accesses our comments are direc[cd to specific areas on the anacheri map wids wrnspuvd h+g nun.eric lalxls: Wo defee to the I]istricl on Ihv lvcalian of the access to the wart side bf Ten Mi to Rru•sd char avnuld he ltx:ated on the north portion of rtes lanicek properly nr the south portion of the Cnmey property. (I) • Approval of the accesses proposed fur the north and nvrlhisvudr wllectors should lx deferred until a spociFc developman plan is praposcd in order to ilclemdne the precise Ivicetioa and fimclionalil}•. (3) Pianning Department . 33 E. oroaovay, hleddian, ID 83842 Paunrs 2l16•ab4-6633 Fa%R9a-9aB-0afi4 • w+wV.maridlencity.orq Exhibit C Page 5 EXIIIBIT A Ric ©ary Insclman Psgc 2 + The direct access from the Pedrizu peopeny to Ten Milc Road should he limited to "emsrgcncy only" omit such tuna as other acceRv Io tltm property cen be achieved. The proposed driveway access [a dee Fedriui properly on the nonhsouth eolleatur should be approved. (3) 6n the south side of the south collector rood wre recommend thsl Fast eight in- r(ght out Hest of Ten Rdile Raad be approved as well as the left inC right in -right out !orated [a ilrc wet of that aeaess. (4) We are of the opinion that the access located on the w~stem edge aC the SJIV property be approved In aonecrt with a specific developmem proposal and consideration be given la lacal3n(t it nn the common property hue with Rferidiun 11 R. (5) + On the notth side of the south aallecwr we rccatnmead Thal approval of dte acues~ immediately east of the roundabout (4) and recommend that action an the other two he deCened ('7) until a specific dcvclopmem appliratian is tendereil far consideration. In addition wE arc tmsurc of the necessity of dte 7eQ In laming movement as proposed far Hro middle access. (b) ,,.. Thank star Cur cnnsideation of our conunents. Please f'etl free to cull if ynu have any questions or would like to meet to discuss the proposed alignments. 15insc ly O Ic Priodman, rllC Depnq~ Diroctor Cc Anna Canning , }3ecky McKa9 pal Dubin Tim Curr>9 ~) ~~~s Access should be moved to the property line _ '"~"" rwxv -,~~_--- ~_ _'~~(, I r.. ~Sti: ww. ~`"$\ ~ sm +w P ' , ... I l -r- it } ~~ 1 ems{ J _I 1 1 ,! I :~ Emergency access only if approved by ACFID Exhibit C Page 6 EXIIIBIT A 4. Ten Mile Interchange Commercial Traffic Analysis -Response from Gary Inselman, ACRD ~r'~~~~ w--.. '~ Rrbctta W, AfMd, I'rLxAlenl lath 5. rranaer, VxE Re5kIB11 Carol A. Md(4e, Ccmmisvorre' r°nr•..~,~"4d7r0 ~b,~rca Sara M. aakc, ra9nmce:oner QaNd L. 0354, Camal'S5pn4r March 17, 2011 Becky McKay Engineering Salutians, LLP 1029 N. Rosario Street, Strife 100 Meridian, Idaho83fi42 RE: Tan Mille lntortkango West Access Analysts Gear Becky; ACHp has reviewed the Technical Memorandum I;Memoy Irom Dcbia Englneering, Inc, dated ~egruary 15, 2011 which you hand delivered ai our meeting on March 2, 2011. Concun-enl with our review of the traffic analysis, ACHb requested the City of Meridian review and verify the land use assumptions. Eritlosed is the City of Meridian letter dated March 14, 2Dt 1 verifying general agreement with the land use assumptions as well as comments nn the proposed acoess points. The Memo referencadl using nfarrnalon hom lke Lackner Study Inr the Ten Mile Interchange as well as the study prepared by HDR. Please provide ooples of the relevant sBdions from Ihese studies from which the information was obtained. The Memo also references Appendix A. B and C. These were not included in the submittal Please provide a copy of the appendices, ACHD offers the fallowing ctxnrnents on the proposed access points absent the information requested above. t`or consistency of review of the torrrrnants I will utilize the numeric Labels from the CIIy's letter and attached map: • The north access road {1) located on the south portion of the Carney property Is listed as a new signalized intersection in the Mama. A signal has not been approved at this location by ACRD and will not be cwtsidered at ihie time. Mane of the inforrnatian and dale submitted to date from any source has Indlceted the need to sgnakze this future Intersection. Reuisa the Memo to remove the consideration of a signal at this location. The proposed bcatlons for [he accesses on the noAh colector and Ilte norihlsouth collector l2j generally conform to ACHD policy as proposed and would be approved. + The proposed direct eceeaa to Ten Mlle Reed rrom the ~edrizzl parcel (31 wee leaf afwwn ae an emergency access only. There Is no explanation as to why the proposal now indudes a direct access to Ten Mite Raad. This access does not conform to ACHI] policy and will not be Considered. The access fo the street at the west side of the parcel tanforms to ACHa polity and would 6e approved. • The proposed stress point laaatons an the south colleotor (4, s, ti, 7, and BJ generally conform to ACHD policy. ACH~I will withhold comment on the Function and operation of the accesses until [he infannatlon requested above has bean provided. • Tke proposed right-ofivay layout appears to be sufficient fix the prapos®d roadways. l would suggest a more detaltet! review of ll}e required right-of-w2y for fhe various rgadway segments with both ACHD and the City of Meridian before legal descriptions are prepared. Pda Gvurny Hi9hrraY Ois9rict • 7775 Adams Street • Garden Gty, IG • 6371+1 • PH (208] 307-G108 • Fx 387-G79J • www.xhJ.edaid.us Exhibit C Page 1 EXHIBIT A As we discussed, appreval of any access points will be cdntingeM upon the parcels developing consistent with the land use as3umptions within the Ten Mile Interchange $peCl(14 Area Pian and are subject td change or nl~ficafion 'rf the prapdsed land uses andlor traffic oondifions change in the suture. All future d®velopment of the percale will 6a su6Ject to fhe AGFItS policy In Qflect al the time the application is received b]r i4Ckl[3. If you have any quElstions you may ccntast me x1387-0170, Sineerely, r; _. r; ___. ... --.. Gary Insslman Il9anager, flight-of-1Nay and l~evetopmenk Services Enclosure; City dI Merldis-n letter dated March 14, 20t 1 Cc Rate 1=riedrnan, Cify di Meridian Pal dcbie Exhibit C Page 2 EXIIIBIT A 7. Development Agreement Provisions At the hearing on January 17, 2012, the City Council approved the subject annexation & zoning request with the requirement for Development Agreement's for each property as follows: The following DA provisions are recommended for the Janicek parcel, proposed to be zoned TN-C & C-C: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten MHe Interchange Specific Area Plan (TMISAP). 2. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application. 3. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011, attached as Exhibit B. 4. The following use restrictions shall apply to the portion of the properly proposed to be zoned C- C: ["(-)" prohibited; "(P)" permitted; "(A)" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) except on the south side of the east/west collector from Ten ale Road (P) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 5. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the OwnedDeveloper shall amend the Development Agreement to includ® a development site plan. The plan shall incorporate the following elements on the portion of the property proposed to be zoned C-C: a. Integrafion of the three major use categories -residential, commercial, and employment. Residential development shall comprise at least 20% of the site. Mixed use, compact development should include small scale office, retail, restaurants, recreational, personal services, public or quasi-public, churches, multi-family dwellings, and employment uses consistent with the purpose statement of the Mixed Use Residential and Mixed Use Commercial land use designations of the TMISAP. b. An internal street system designed on a grid pattern or interconnected system with stubs provided to adjacent properties. Street secfion designs shall be consistent with those identified in the TMISAP. Alleys and lanes maybe permitted. o. Traditional neighborhood design concepts as detailed in the TMISAP that at a minimum, incorporate the following: higher density buildings close to the street; narrower streets to slow traffic; pazking lots behind or under buildings; residences with porches or balconies facing the street. d. A transition in uses to the adjacent residentially zoned and designated properties to the north and west. Exhibit C Page 3 EXHIBIT A e. Vertically integrated and multi-family residential uses with an overall target density of 8-12 dwelling units per acre, with a maximum density of 20 units per acre. f. Multi-family development shall incorporate a variety of building designs including but not limited to those that replicate row houses and brownstones. Live-work units are strongly encouraged. g. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road and the east/west collector road may be three (3) stories. i. Buildings built to the edge of public rights of way. j. Buildings designed to "hold corners" rather than parking lots. k. Integration of plaza, pocket parks and other public spaces in site design. 1. Building location and design oriented towazd and/or connected to open space and/or public space. 6. A lineal park area consistent with the TMISAP that incorporates amulti-use pathway along the Purdam Drain shall be provided on the site consistent with the Master Pathways Plan. 7. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the northeast side of the subject property. The owner/developer shall install mains to and through the development, 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 pips to sub-grade is less than three feet then alternate materials shall be used in conformance with City of Meridian Public Works Department standard specifications. 8. Water service to this property will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through the property at the time of development, and coordinate main size and routing with Public Works. 9. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized imgafion system when it is determined to be available by the Public Works Depazlment. 10. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. The following DA provisions are recommended for the Fedrizzi parcel, proposed to be zoned C-C: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011 attached as Exhibit B. 3. The following use restrictions shall apply to the properly: ["(-)" prohibited; "A" accessory] Constrnction & gravel mining (-) Storage facility, self-service (-) Exhibit C Page 4 EXIIIBIT A Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, Sales & service (-) Flex space (-) Fuel sales facility (-) Nursery or urban farm (-) Building materials, gazden equipment & supplies (-) 4. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan that incorporates the following elements: a. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road may be three (3) stories. • , ~ , ~, 5. A lineal pazk azea consistent with the TMISAF that incorporates amulti-use pathway along the Purdam Drain shall be provided on the site consistent with the Master Pathways Plan. 6. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the North East side of the subject property. Tha owner/developer shall install mains to and through the development and shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that aze roquired 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 Standazd Specifications. 7. Water service to these properties will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through at the time of development, coordinate main size and routing with Public Works. 8. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 9. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. The following DA provisions are recommended for the SJJV parcel, proposed to be zoned C-C & A-E: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance applicafion. 3. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011 attached as Exhibit B. Exhibit C Page 5 EXHIBIT A 4. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan. The portion of the property proposed to be zoned C-C shall incorporate the following elements: a. An internal street system designed on a grid pattern or interconnected system with stubs provided to adjacent properties. Street section designs shall be consistent with those identified in the Ten MHe Interchange Specific Area Plan. Alleys and lanes may be permitted. b. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road and the east/west collector road may be three (3) stories. ~ ~ , 5. The following use restrictions shall apply to the property to portion of the property proposed to be zoned C-C: ["(-)" prohibited; "(P)"permitted; "A" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) except on the south side of the east/west collector from Ten ale Road (P) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 6. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the northeast side of the subject property. The owner/developer shall install mains to and through the development, coordinate main size and routing with the Public Works Department, and execute standazd 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 then alternate materials shall be used in conformance with City of Meridian Public Works Departrnent standard specifications. 7. Water service to these properties will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through the properly at the time of development, and coordinate main size and routing with Public Works. 8. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 9. The agricultural use of the property may continue until such time as the property develops. The Right-to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. Exhibit C Page 6 EXHIBIT A B. Annexation Legal Descriptions & Exhibit Map Decernber 22, 2011 t3E5CRIPTION TOR G'GDRIZ`L!'1"EN f411LE LLC PROPOSFI) G-C ZC)NINC: A parcel of land located in the NC'In ol'thr SL-'. Y~ of Section I5, T3N., R.116'., B.M., Ada County, Idaho, more particularly described as follows; Commencing at the northeast earner of the SE 1/4 (tlte East'/ corner of said Section 1 ~), the REAL POINT OF IiEGINNINC of"ibis description, fmm which the Southeast corner of said Section I S bars South 00'30'ti3" N+est, 2C59.4G feet Thence South OU"3U'U3" Nest, ~' 78,pU feet along the east line of thr NE Yr of the SG 'ri lu a point, Thence North 89°14'44" l~$st, ROO.Qp feet parallel with the north linrofihe NE't, al'the SL Y. l0 a poirtt, 'Chance North 00°30'03" Cusl, 278.IHY t'~t pw•allel with the east line of tltr NE % ttl'the SG Y, to u pnirn on the north line of the 1hE '.i ol'thr Sf: h; Thence South 89°14'44" ff°:ast, ROU•BU feet along the north line of the NE 'h ol'tbr Sls'i. [n the 1'OIN'I' OIr 1iEiCa1NNMG. Coruaining S.1 l acres, mare or les. 4a-.IIS'•FEURIZZItGC) UES.LIUC' Exhibit C Page 7 EXHIBIT A Uecemher 22, 241 ] DESCRIPTION FOR JANICEK FROPERTIES LLC PIIIlI'OSED C-C ZONING A pnncel of laud located in the NE'/. of Section I S, T.3N.. R.l W., B,VL, Ada County, ldalta, mare particularly described us 1i7llaws: C.'antmencing at the southetsi corner of the NE 1!4 (the. East 'r.S corner} of said Section 15, the REAL POINT OF [IECINNINC ul'lhis description, [rum which lltc Northeast comer ofsaid Section IS bears Noah 04°33'38" Fast. 2658.27 feet: Thence North 89° 1A'~FJ" West., 17h5.49 feat along the sotdh line of the NL• Ya to n paint; Thence North 04°45' 1 b" Easl, 56.571'ccl to n point; Thence North 2a°AS'24" Wcst, 115.33 ltel lu n point; Thence North lb°29'52" Well, 98.83 feet to a paint; `111enee Nardl 44° 14'AA" West, R0.93 feel to a point of cun~alure; Thence 342.50 feet along a curve to the right, said curve having a central angle of 24°24'07", a ntdius ai'965A4 feet, tlntl tt lung chord \vhich beats Nortlr 45°55'24" East, X44.74 feet to a pain of ie\erse cun'antre; lllence 449,41 fret alrnrg u curvy to dte tell, said curve Ituving a central angle nF24e52'43", n ldius of 1435.4U ltet, and a tang chord which Fars North 03°39'41" I-:ast, dd i.89 Yeec to a point al` iL'VCI'SC CUr\ JinrC; Thence 187.93 feet along a cun'e la the right, said curve Ira+'ing n central ongle of 09°14'33", a radius of 1 165.04 feel, and n long chard \+'hich betlrs North Q4°I O"43" Nest, 187.72 feel lu tl paint of tangency; Th~tituc Nonh nU°2T 13" Gast, 21.19 l'ccl to u poial ~n the nortt ling aC lha SW !C of the t~E '/.; Thence South 89°l5'45" Eust, 469,461i~a along the nanh tine of the SW '/a of the NE 4i tv the nortltcast corner of the S1~+ ''%I of the NE /a; Thence South 89°15'45" East, 1724f)7 feet nlnng lbe north line ufthc ti[?'/. ol'ilte NL'. Y~ to the northeast earner of tltc SE !f, of the NE'fi; Thence Smtth 44°33'38" Wcst, ] 329• I l feet along the cast ling of the SE. %i of the NE'/~ to the POINT' C)F F3EG[Nh'IN(. Containing S4.GG acres, more or le-ss. 9g4IRVAYICEK (CCJ_DES.DQC Exhibit C Page 8 EXHIBIT A r?ecember 22, 2Ul 1 DCSCRIPTION FUH JAINICEK PROPF.2T1);S LLC P[t()1'[)SF.1)'I'N=C LON)NG A pattzl of land located in the NE % aP Set:tion I S, T.3N., R. I W., B.IVL, Ada Couuly, Idaho, more particularly described as litllaw's: ('utttntencing at the southeast cnruer nl'the NE ] J3 {the Gast %, cooler) of said Szction 1 S, from tvhich the Northeast corner arsuid Settian IS bents North 00°33'3$" rasa, 2G5$.? 4 Feet; Tlrencc North 84°14'44" Wesl, (7+45.49 feet Along the south lint of the NF. '/. to the It1AL I't:11N'r pF RFGiNNING of this description; TherlCe Nortll $~° 14'44" Well, 897.G9 feet along avid south line. to the sauthvvest corner nl'ttte 5 W 'l, of the NC'/~ (the C"zntet' '/~ corner of said Section lS ); I-hznee North f)U°3G'S I"East, l32$.$4 feel along the well line ol'the SW !/, ol'the Nk !4 En [lie rtorthwest corner ofthe s1v %, of the NE l r4: Thence South 89°I5'US" Etrsl, 851,90 1`zet nlnng tltz north line of the S W % of the NF. !/° to a point; Thence South t)[7" 2T 13" 1Aresl, ? 1.59 Feet to a paint of cur.`aturc; l'hence 187.93 feet along a curve to the left, said curve having u central tm[;Ic o(U9° l4'33", a radius of 1 IGS.00 lac[, and a tang chard tvhich bents Sautlt 04"1 [)'tli'" Fast, I R7.72 Feet to a point aF reverse curvature: Thenct 449.41 Teel slung n curve ut the right, snid cun`e having n cenu•al angle nt'24"2`43"', a radiusot' {U35.tN7 feet, and n lung choral tvlt3clt liars South Q3'39'UI"West,. 445,89 Fzei to a point of ~vcrsc curvature: Thcncc 342,.19 lee! along a curve to ih~ left. snid curve having a czntrel angle of'0"?U'F)7", z rndiua of 9Gi,aa Cect, and n long chord which bsurc South OS°j5°2a" W`ca, ;540.74 I`eet In u rxiint of lan~,enCV; Tluncc South 43°14'34" lia9t, 80.93 feet to a point, "I"hence South lti°29'52" East, 98.83 Fcct to tt point; Thcncc Soullt 24°45'24" Lusl, 115.33 leer to a point; Thence South UU"4S' 1 Ei" West, SG.S7 i'cet to the I'O1NT 01? BEGINNrN~r Contaitting?S.9fi acres, more or less. RR11R''.IANtCF.IC tTN-C) DES.DOC Exhibit C Page 9 EXHIBIT A Dcccrnbcr 22, 2411 5JJV LLC' PRC)POSGD C-C ZONING A parcel of land located in tht Nl;'J. nl'the SE'L, of Section l5, T3N., R.l R'., B.4L, Ada County, ldahc, lucre pariiculaely descrihc~i as follows: Corumencing at the northeast cnruer of the SG ltd (the East'.~n comer of said Scrolion 15), fmrn which the Southeast comer of said Section 15 l+cars tinullr p4"}0'03" West, 2659.46 feel; Thence Nor Ih $9° 14'4~t" Next, SW.00 feet alvnE the north ]in[ of the NC '/a of the SC Y~ lu the REAL PANT OF BEGINNING ol` this description; Thence South 04°30'43" Well, 167.91 feel parallel with the east lnteoFtlrc NE !/ oPlhc SE'r5 to a poial; "Thence Nm•th R9`29'S?" Wcsl, 55,00 lent to a point of curvature; Thonce 179.73 feel along a curve to the le1Z, said curve having a central angle of A l° 11'29", a radius of 250A0 feet, and a long chord which gears South 6+3°54' 19" t4est, 175.89 fret to o point of tangency; Thence S 49'18'34" West, 195,51 feet to a point ot'curvature; Thence 1?0.12 feel along a curve to the right, said curve having a central angle of 39°42'01 ". a rallitrs ol'254.fN] feet, and. a long chord which bct:rs tinullt 68°49'14" West, 167.()4 fee[ to a point on the west line ol'lhe NIA %, of the SE 114; Thence North 40°33'27" I_,asl, 422.51 faet along the west line of the NE'%+ of lho SE !!, to the nnrthaest corner of the NE %, of the SG'/~; Thence South 69"14'44'° Easl, 521.59 l`eel alcitg llrc ncrlh line ol'the NE °L+ of the SE 9:; to the POINT OP BCGINNING. C'nntaitihtg 3.15 an'es, more or Ic,s. vna i ars,rv tc-c} ocs.ooc. Exhibit C Page 10 EXHIBIT A Gecamhcr 22, 20l I L1C5C'Rll'"I'1(1N FOR S,-.R~ 1.LC FROI'O5E!) -1-I'. `/_.O'sYIN(. A pnrcel ol`land 1ncNed in the NE !/a of the SE Y4 of Scclion I5, T.3N., R.l W., II,h9„ Ada Cnnn[y, Idaho, mare parliculttrly descriheCl as folluws: [:amntencing at the northeast comer of dte SE I f4 (khe Ettst % corner of said Seetiun I3), from which the Southeast canter of said Setaian I ~ bean South 00°30'03" 1Vcst, 2659,46 IccC 'I hence South t}0" 30'DS" West, 278.00 Fcet almtg khe oast lira of the NE 'A nC llte SE '.'. Ca dre REAL POINT OP BEGINNING of Cltis description; 'rhence South 00"30'03" West, 73G.7d feet along the e¢st Ihte of the NE''i ofthc SE ~F, to a point; Thence North 89°34'08" Wtsl, 233.31 feel to u point int the norlherl}'right-of-a~ay' ol'Intermte $4; '11ten4e alon8 the said northerly right-of-vcay the follo~t~ing catu•ses and distances: Thence South 47°33'US" V.+es[, 1 89.09 list; thence 3auilr (sti"j4'3k1" West, 105-73 feet; Thence South 80`09'21' Wcsl, 15U.1li fee;; Thent:e Soullt 7fi"ill' 13" West, 331).69 feet: Thence Snutlt 79°54`2G" 1~Crest, 177.77 feet; Thence South $4°46`38" Walt, 1ti2.75 fezt; "1 hence South 88°47'05" West, 108?8 Peei to a point on the west ]ine of the NE 'r:i of the SE I, i; Whence leaving .aid nrrthe.ly right nFwa}' Nnt7h UD"33'2'7" fast, 117ti 73 Fcet along, the tv,st line ol'tlw NE !/~ al'thc SE'/~ to a paint un n curve; 'Thence 170.32 feet along a curve to the leR. said curve having a canu•al angle of 39aU2'Ul ", a radius of 2511.Uf) I`eet, and a tang chard which bears Nnnlt G$°44'Sa" Cast, IG7-Od Feet to a point ni' tangency; I'hcncc Notth 49°18'34" Fast. 191,51 Fcct to a paint ofeunaturc; Thence 179.73 feet aloof; a currc to khe right, said curve having a ccnlnd angle of X11° I I'29", tC radius of 250.00 leel, and a long, ihnrd wltieh Isears Nnnh G9°54' 19" Gast, 171-89 teat to a paint cl' tangency: Thence 3aulh $9°?9'S7" E¢sl, 55.00 feet to a point: M]JI&SJJV YII-L-)_DES.DOC Exhibit C Page 11 EXIIiBIT A Tltcnee Sanlh OU°3[)'(13" West, I 1 O.d91'nl, pfrtnllel with the ezrsl lint of the NI"; ',S of the SE Y. to a point; Thence Soulh 89°lA'44" East. 880,00 feet parallel with 4te north line gFthe NE'.6 ofthe SC'/i la the POINT OF f3@(+INP71NCi. CuntFiiuing 2.17 acres, mmc or less. 17..1$ PSI iii ` 1 ~ I ~F'~ . ~"~..~`~'3W ~rii Il u ~ .~ <~. nv. law in uq ~i .M~NLNICBLLC NY/O®MOAN° ~INAtl~ ' . I I ~ ~f i ~ ~ i i ~ E~ I L1 d ..! ¢ v.~n al n.+v ~n ;~ -.~~ ~ ~i _ ~.a.... ,g .IY®[RY9~t~0 ~ AILI~OCLRIO 1 uN~ae& g ,J Y ~ ~ v. mn ~1 ~ i ~k ~.~.. ~ a~.sm..e Ic~nQ awe ~I cuxvE rnuu- w~w.y~ ne i~ 1 ~m ~s un I I I _ I-... ~nn_m u.n _-.___._-_._.__._._._.ti -. .,, p Rye, Nu®iareua ~;a npioa®ooxo,~tq s v __ J~ ..c~ aviuc nuv®x~eaul!° asNaer ~c ya p, ..t.e..wm~.c a it i F r Exhibit C 12 Page EXIIBIT A C. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shell, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed zoning map amendment is consistent with the FLUM and complies with the applicable provisions of the Ten Mils Interchange Specific Area Plan (TMISAP). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to TN-C, C-C, & H-E is consistent with the FLUM designations far this site of HDE, MUR, and MUC for this property. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council fmds that 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. e. The annexation is in the best of interest of the City ([JDC 11-SB-3.E). The City Council fmds that annexation of this property and subsequent zoning of the site is consistent with the future land uses designated on the FLUM and the objectives contained in the TMISAP for this area of the City. Therefore, the City Council fmds that the annexation and zoning of this property as proposed by the applicant is in the best interest of the City and should be approved. Exhibit D Meridian City Council Meeting DATE: July 2~, 2012 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Memorandum of Agreement for Public Art Consulting Services with Meridian Development Corporation for aNot-to-Exceed Amount of $7,000.00 MEETING NOTES ~~~~ _~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTIDN DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MEMORANDUM OF AGREEMENT FOR PUBLIC ART CONSULTING SERVICES This MEMORANDUM OF AGREEMENT FOR PUBLIC ART CONSULTING SERVICES ("Agreement") is made this?. day of July, 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Developznelit Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC"). WI-IEREAS, the pal•ties end that there is a need to obtain professional public al•t consulting services in order to complete the installation of two public art pieces in conjunction with Phase II of the Meridian Split Corridor roadway construction; WHEREAS, City is overseeing the process of selecting artists and installing the public art, and is willing to engage a public art consultant, as an independent contractor, to provide such professional services for this project; WHEREAS, MDC is willing to reimbw•se City for up to seven thousand dollars ($7,000.00) for costs related to such public art consulting services; 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; I. CITY'S Ri;SPOiYS[BILITIl;5. A. Contract with Consultant. City agrees to engage, as an independent contractor, Mark Johnstone, a public art consultant who is specially trained, experienced, and competent in the provision of professional public art consulting services {"Consultant"), pursuant to the terms and conditions set forth in the Professional Services Agreement for Public Art Consulting Services, attached hereto as Exhihit~l ("City/Consultant Agreement"). B. Seek reimbursement in FY12. City shall remit to MDC receipts for payments rendered to Consultant by City in Fiscal Ycar 2412 ("FY12") pursuant to the City/Consultant Agreement, and shall request, by invoice to MDC, reimbursement far such payments: 1. Reimbursement upon completion of Project Phase 1: $ 1,000.00 2. Reimbursement upon completion of Project Phase 2: $ 1,600.00 3. Reimbursement upon completion of Project Phase 3: $ 1,600.00 Total FYIZ reimbursement:$ 4,200.00 C. Seek reimbursement in FY13. City shall remit to MDC receipts for payments rendered to Consultant by City in Fiscal Year 2013 {"F'Y13") pursuant to the City/Consultant Agreement, and shall request, by invoice to MDC, reimbursement for such payments: Reimbursement upon completion of Project Phase 4; $ 2,800.00 Total FYl3 reimbursement:$ 2,800.00 MEMOR~NPUM OC AGREEMENT rOR REIMBURSEMENT FOR PI1f3L1C ART CONSUf,T[NG SRRVICF.S PnrJE I of 4 iI. 117DC's I2t;SI'ONSIBILITIES. A. Reimbursemelxt. Within thirty (30) days of receipt of City's invoices, MDC shall reimburse City for payments made to Consultant, in the amounts set forth above, not to exceed seven thousand dollars ($7,000.00). B, RepreseutatIVe. MDC shall provide one representative to serve on the RFQ and RFP Selection Panels convened by Consultant for the purpose of selecting artists and/or proposals, C. Appropl•iation. Notwithstanding anything ui this Agreement to the contrary, MDC's obligations under this Agreement to reimburse City for payments n~acle to Consultant shall be subject to and dependent upon appropriations being made by the MDC governing hoard for SUCll pU1'pose. The officer or administrator charged with the responsibility ofpreparulg MDC's annual 2012-2013 budget shall include in the proposed budget fox that fiscal year the reimbursement amounts noted herein, which will be duly considered by the Board along with the other proposed expenditures for fiscal year 2012-2013. III.Grlyr;rzal, ~rFI:>vts. A. 'T'erm. This Agreement begins immediately upon execution and shall remain in effect through December 31, 2012. B. Notice. Notice required to be provided by either of the parties under this Agreement shall he in writing and be deemed connnunicated when mailed by United States Mail, addressed as follows: ` City: City of Meridian MDC: Meridian Development Corporation City Attorney's Office Ashley Ford, Administrator/Project Manager 33 E, Broadway Avenue 33 E. Broadway Avenue Meridian ID 836x2 Meridian ID 836d2 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. C. Entire agreement; modification. 'T'his Agreeme~rt embodies the entire agreement and understanding between the parties pertaining to the subject inattcr of this Agreement, and supersedes all prior agreements, >.ulderstandings; negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. D• Exhibits. All cxlubits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agrccznent. E, Termination. Either party may terminate this Agreement in whole, or in part, due to convenience, nonappropriation, or when either or both parties agree that the continuation of the project is not in the parties' best interest, by providing thirty (30) days written notice. If MEMORANDUM OF AGREEMENT FOR REEMBURSL'iv1GN'r FOR PUBLIC ART CONSULTING SFKViGES P,aGS 2 4r 4 MDC: is the #crminatiztg party, C".ity shall be entitled to zeceive rcimbursement for payments made for services properly performed by Consultant to the date of terzninatiozt. F. Severability. If any part ofthis Agreement is held to be invalid or unenforeea6le, such holding wall not a.ffcct the validity or enforceability of any other part ofthis Agreement so long as the remailtdar of the Agreezttent is reasonably capable oi' completion. The invalidity or uztenforeeability ofany particuia]• provision of this Agreemont shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or tutenfarceable provision were omitted. Cr. Applicable Law. The Agz•eemczzt shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fou]•th Judicial District, Ada County, State of Idaho. IN WITNESS WHERF,OF, the parties hereto have executed this Agreement on this ~ 'I day of July, 2012. MERIDIAN I)F~VI+'.l,[)YM1~;N`[' C.'OIZPORArI`ION: -~ ~l/t, G _~__.__ I3y CITE' OF MEIdII)IAN; _ .~P/f 'l'antmy de erd, Mayor , 4O`LAL LD A ~LGrr G~4- J ~~ _ ~ ~q ~ity V{ fit' Jl~Cll~ `" `~y,. yPy~ aycee 1man, City Clerk 6ADf ~ht TREASti~~ MBtV£OIZANC]UM OF AGit(i]iMENT FQR IZEIMt3ClRSEIvIEiJ'I' I'OK FUlit,tC AttT C4NSUC:1'1rfG SI:IZVTCisS PAGE 3 OF 4 EXT3~~IT A CITYICONSULTANT AGREEMENT MEMORAND[JM OP AGREEMENT FOR KEIMBUIt$EMEN'P POR PUf3L1C ART CONSUC:P[NG SERVICES PAGE 4 OF 4 PRQrESSIONAL SERVICES AGREEMENT I+OR PUBLIC ART C(INSULTING SERVICES This l'ItU1+LSSIONAL SERVICES AGREEME,IV''I' k~()R PUBLIC ART CONSULTII`~G SERVICES ("Agreement") is made this ~~ day oi' Juno, 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"}, by and through the Meridian Arts Commission ("MAC"}, and Mark Johnstone, an individual whose address is 1',U, l3ox X1350, Halley, Idaho ("Consultant"). WHEREAS, City has determined the need fot• prafessianal public att. consulting services in order to eortaplete the installation of two pttblia art pieces in canjttnction with Phase lI of the Meridian Split Corridor roadway construction; and WHEREAS, Consultant is specially trained, experienced, and competent in the provision of such professional services; NOW, THEREIi'ORI~, for good and valuable cansideradon, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, thv Parties agree as follows: I. Scor>; or Src~vxc:t:5. A. Scope of warI~, City agrees to engage Consultant to provide, atxi Consultant agrees to provide, the services described in the Scope of 'Work, attached hereto as ExliBbit A, in accordance with the timeline described therein, B. Tirrte of perl'arnnanee, The services to be performed by Consultant and the contributions and decisions made by City under this agreement shall be cotnp[eted by the deadlines set forth in the Scope of Work, Consultant agrees that services and work provided under this AgreenleJrt shall be performed in a tilneIy JuarnJer, The Parties acknowledge and agree that tinne is strictly of the essence with respect to this Agreement, and that the failure to timely perforrrJ any of [iJe obligations hereunder' shall constitute a breach of, and a default under, this Agreement by the party so failing to perform, C. 'I'srn~. `This Agreement begins immediately upon execution and shall remain in effect through November 30, 2012, D. Retards. All records, including those of costs, reimbursal>lc expenses, and payments shall be kept to generally recognized accounting rnetltocls and standards and shall be available to the other Party at all times, Consultant specifically recognizes that records containing information relating to the conduct or administration of the public's business prepared, owned, used or retained by Consultant shall be public records. PROH'BSSIONRLSBJ2VJCE5 AGRLtJt~1t3N'CNOR PUBJ.IC ARTCONSUI:I'TNG SERVICES PAGB 1 an7 Il[. PAYMCN'1'. A. Amoun#. City shall remit to Consultant far services rendered pursuant to this Agreement an amount not to exceed eight thousand dollars ($8,000.00, to be paid by City following provision of the following deliverables as described in and pursuant to the timeline set forth in the Scope of Work attached hereto as F.'xhibrtA; 1. Upon completian of Project Phase l; $ 1,000,00 2, Upan completian of Project Phase 2: $ 1,b00.00 3, Upon completion. of Project Phase 3: $ I,600,Ot1 4. Upan completian of Project Phase ~: $ 3,200.00 5. Upan completion of Project Phase S: $ 600,0t} Total compensation: $ 8,000,00 The remittals described in this paragraph shall constitute full carnpensation froth Cify to Consultant for any and all of Consultant's services, casts, and expenses related to services performed under this Agreement. City shall not reimburse Consultant for any other costs, including, but not limited to, any costs related to travel, tips, ntea[s, phone calls, ar inter'net usage. t3. Method at' payment, Upon execution of this Agraetnent, Consultant shall provide City with a completed W-9 forth. Upan completian of each project phase as set forth in the Scope of Work, Consultant shall provide City with an itetzil~ed invoice for services provided, whreh invoice shall he provided by formal notice, City shall pay Consultant for scryices provided within thirty (30) days of reca,'pt of invoice, Payment of all taxes and other assessments on such sums shall be the sole responsibility of Consultant. III. Gl;~'Li2AL'1•L1tMS, A. Independent contractor. In all matters pertaining to this Agreement, Consultant shall be acting as an independent contractor, and neither Consultant nor any officer, employee or agent of Consultant shall be deemed an employee of City. }except as expressly granted herein, Consultant shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designatlan of the personnel a~f City in the performance of this agreement shall be made by City. B. Day-to-stay cotnmanlcatlons, The fallowing person shall serve as City's primary contact for all day-to-day communications between City and Cansttltant as may be necessary or useful far accomplishing each party's respective tasks as set forth in the Scope of Wark, Communication between Consultant and the City's primary contact regat•ding day-today matters shall occur via e-mail ar #elephane, as follows; City: Emily Kane Consultant: Mark Johnstone ekane@meridiancity.org markjohnstone@cox-internet.com l'honc; 208-898-5.506 Phone, 208-788-37$8 13ither patty may change its contact infar•mation for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. PRaRL~SSIflNAL SERVICDS AaRL+HMLN'rFOK T~t!}3L[C ARTCONSUI,TTNG StiRVIC[iS I'AC3A2 OP 7 C, Formal notice. Formal notice required t.a be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when maned by United States Mail, addressed as follows; City; City of Meridian Consultant: Mark Johnstone City Attorney's Office P.O, I3ox 4350 33 )?• Broadway Avenue Halley ID 83333 Meridian ID 83G42 Either paz•ty may change its address for the purpose of this paragraph by giving formal notice pf such change to the other in the manner herein provided. D. insurance. Consultant warrants that he has obtained, and will maintain aC his expense far the duration of this Agreement, workez•'s compensation insurance in the amount required by Idaho law, All othex insurance shall be obtained at Consultant's sole discretion and risk. B, I<zrdernnity. Consultant shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments far damages or injury to persons or property, anti from any and all losses and. expenses caused or incurred by Consultant, lzis servants, agents, employees, guests, and/or business invitees while on City's premises or while fulfilling Consultant's abIigatians under this Agreement, except for liability arising out of concurrent or sole negligence of Gity or City's officers, agents, or etnplayees, Consultant shall indemnify, defend, save, and bold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from arty and all losses and expenses caused or ineuz•red by Consultant, its servants, agents, employees, guests, and/or business invitees as a result of or arising out of the work performed under this Agreement and arising from the sole or• joint negligence of Consultant. F, t;ompliance Svitfr laws. Consultant shall provide services and work under this Agreement cansisteni with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. Consultant shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, ar• age, G. Industry stanrlurds, Consultant represents and warrants that he will perform Isis work in accordance with generally accepted industry standards and practices for the profession or professions tkzat are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. H. Entire agreement; modificatlvn, This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreen-zent, and supersedes a1I prior agreements, understandings, negotiations, repzesentations, and discussions, whether verbal ar written, of the parties pertaining to that subject matter, T~ROFE55{ONAL SBRVZCDS AGRL~GM~NT POR PUnl.rc At. r CaNS(fl:l•INti SI312VI(;f?S PAar3 3 6F 7 The Agreement zrtay not be changed, amended, or superseded unless ley means of writing executed by bath Parties hereto. I, ;Gxhibitss, All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement, .T. Assignmez'<t. Consultant ]nay not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the Gity, Any subcontractor, transferee, ar assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other transfer of Consultant's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed teansactian would not serve the best interest of the City of Meridian, 7'he provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns, K. Termination, In the event of any termination of khis Agreement, all finished or unfinished documents, data, and reports prepared by Consultant under this Agreement shall, at the option of City, become City's property, and Consults]}t shall be entitled to receive just and equitable compensation for any work satisi'actGrily completed hereunder. This Agreement may be terminated as follows; 1. Termixtation far convenierrce. City may terminate this Agreement in whole, az• in part, for the convenience of the City when both partios agree that the continuation of the project is not in the best interest of both parties and that further expenditure of funds will not produce satisfactory results, The parties shall agree in writing upon the conditions, effective date and fair and reasonable payment for services reasonably pertortned to the date of termination. 2. TerrniT~atlan for Gause. If City determines that Consultant has failed to comply with the ternns and conditions of this Agreement, violated any of the covenants, agreements, sad/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the perforlnancc of this Agreement, the City may terminate this Agreement in whole, or in part, at any time, by giving formal notice to Consultant, in the ]Wanner herein provided, of any or aII defioieneies claimed. The formal notice will ba sufficient for all purposes if it describes the default iu general terms and provides a reasonable time to cure, Xf all defaults are not cured and corrected within the reasonable period as specified in the formal notice, the City znay, with no further notice, declare this Agreement to be terminated. Consultant wiIi thereafter be entitled to receive payment for those services reasonably performed to the date of termination, Iess i:he amount of reasonable damages suffered by the City by reason of Consultant's failure to comply with this Agreement. Notwithstanding the above ox any other provision of this Agreement, Consultant shall not be relieved of liability to City far darrlages sustained by City by virtue of any broach of PRGI~1?SS]GNAL SL'RV1G?S naRlspM}]r?•r>=aR PUBLIC AR'E' CONSULTING SE?RVIC[1S t~A(iII 4 OR ~ this Agreement by CattstllCant, and City may withhold troy payments to Consultant for the purposes of Set-ot'f utitiE Stich time as the extict ~tiionnt of damages clue City i5'om Consultant is determined. This pravisioti shall survive the Perrniuation of this Agreetf~ent and shall trot relieve Consultant of Jjability to City for damages. ' I~. Noj,+vniver, A waiver of troy right, remedy or provision provided i:~ this Agreement or by law shall not constitute a waiver of any other rights, rcmeclies or provisions, whether or not sin'tilar, riot sJtal] any waiver in one instance eonsiitutc. a waiver in any other instance or constitute a conthtuing waiver, The rights and remedies provided het•ein are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. City shall not be required to reinstate ;toy provisions nt this Agreement following a ++'aiver for the provision to be effective in any other instance, i1rt. Severability. If at~y Dart of this Agreement is held to be invaficl or unenforceable, such holding +vill not affect the validity ot• etfforceability o'F any other part oi'this Aureenient. so long as the remainder ol'the Agreement is reasouubly capable of completion. The invalidity or tu~enforeeability of any particular provision oi'tl~is Agreement shall not affccC tl3a other provisions, and this Agreement shall be construed in a]l respects as if any invalid or unenforceable provision were omitted. N. Attorney fees. ht the evea~t an action, suit, or proceeding, including appeal therefrom, is brought for failure to obseri~e any of the terms of this Agreement, the non-laeevailing party shat] lie responsible fir the prevailing party's attoi•E~ey's fees, expenses, costs, Ind tlESbill'SCIZ'leilt'S lot' saiCl aCtEOn, stilt, proceeding or appal, 0. Governing la+v; venue. This Agreement shall be governed and construed in accordance with the laws oi'the State of Idaho without resrn~t to any jtu-iscliction'scoo#•lict of late+s, rules or doctt'ines. Any Blain,, action, suit or proceeding bett~reen [Ire City and COnh'tletQr that arises from ot• relates to this Agreement shall be brought aEfd conducted solely an(1 exclusively with the I"ourth .Tudicial District Court of Acla Cotu7ty for the State of Idaho. 1'rovidcd, however, if the claim must be brougJtt in tt federal forum, theft it shall be brought and conducted exclusively within the United States Dish•ict Court for Idaho. IN j'VTTN'~SS` W)EI)GRL4r, tl~e parties hereto have execuCed this Agreement on this day of June, ?.012. PROI+IiSSIQ\~Af, SGR+'ECGS AGREL'A~I);N'r FOR YU6l.tC Att1' L:QNSULTI~O PJt:RVICE$ f ~1CG5 OF'J EXHIBI'~ .A. 15COPE OF WORK DEADLINE S~RVI(;~ AND DIsI,IVERABLL~.S CON'1'I2IBU'PCONS ANI) pAYIvI~NT YItOVIriED BY CONSUL'PANT DECISIONS MAll4 BY CITY SCHEDUI,F ~'7/l/l2, I'ro'ccl ~ozninelc~s - - - - ° ;' `; ;. ' ~ ~ ` ,~ By ' •'llttend irieeting.witll Ad:~ _ • Schcdul~ }~ncl atteiad meetYng, •~ , 7/1 3112 ,Coullty;Hlgliw~y.Dlsfiict, ~#ty:;, , with Ad; bounty I.ilghway ~: r ~ Ru ~Del)t„ iVlayori's :)''a11cs ~~ 17isturt (>ity Parks ~ Rcc; ' , ~' , ; ., Uffic.e,l+TelTdlan Arts , De)ii ,1~i~y1)z's Of(tc~, ' ; 1 C.grnTniss~ozT ~ , Mei~i~lXan'FLts Coijrn1ssion ~' , , ` ''~ • flttend mcetln~;wlth City ~ • : Sciiedlile,aiTd aliend nTeetilg r~ Protect lVlanager; with c'l,~y PIo IecT Manllgsi; ~ - Pee tlt'e laecthud et ~ , , . In ulfroln:~'it }~inanre 4, ~ By '• Prepare-Gall to ~Artlsts • ~ Approval by ~ tty Purchasing 712?I12 • f'i~epare Rei~uest f'ol M;ji)agel~=(s5 in fo>.;m, F (?11d1z11cGttlonS ~ 1eglildtU! ~' COIllpli(~T1Ce~ ~ '~ , , ~~ :.. ., C~ = ~ • 1't•epale 1Zc,ciucst:#ol 1'topo,als ~ -+ • ,4pploval Uy ctty Patl(s '` , . i , .j - 5 -~ ~ ~ nepi Drte.ctox ~+nd`,~da , , T 1 r i ti f ' C't~~tnty ~11gh1T~'ay L~iStllet` ~a$ ,, c ~ ~ ' ~ , ~ - t ~ i ~ ~ ~ ~ ~ ' , ~ ; . t ' ,, , ,, ~ to ~~l oat/ct s pc~ s)- -, , , , - ~ , ~ ~. l ' . • Ap~?rova~ by M~i'i~linn Al•Ls ~ ;` r: Conimis$pn ';," ~ • ,Z3eSlgn-A1t1S1 SE1CCtlOn:; ' ~? It~~iUt from 1Vlelldi:3n Ails ' . )1G~C~ Sa!]tl ell C{3tilt G1fteCia; 1 ~ t~ y , ~ C.lin)1T115S101], Ll ~~tOllle 5 ~ . Y C1)0 ~ ~ ~ ' . . ~ Pie ark Ia1ec..t sc,hedTile ~ OiEicc ~ conTl)l~°tioil :' , +'Schedule Altisf wozk5h~p, ` • R~~~~in lese:.vatlc~n,`(ii - ofPtotect ~; , ,I base 1 • ~~ :, zoUly City Co a G.set Vr nzeting ' wprlcshop held rtt ~1~le~ldl~t1 , $ 1g000,U[) - ~siac©~(if~held tti-'Clt !I 'a1~) Cit Hali)~ °~ , By • Release Call To Artists in + Approval of press release by 7/27/12 electronic and printed Mayor's Chief of Staff (as to N formats; due date of 9//0/12 form and content) • Prepare and distribute press • fasting on City wcbpage release regarding Call to • Posting on City social media .Artists • Provide al•tist mailin list o Between • Present, in Meridian, an • Host workshop Upon 8IC/12 and Artist workshop on how to • Provide use of computer completion 8/10/12 respond to Call to with Powerfoint capability, of Project Artists/RPQ projector, screen Phase 2; $1,600.00 YRpRESSIONAL SL'RYICES ACRt3E?tv1HNT I~OId PU13E.TC ART CoNsrzi;rwG SF-RV(CI'S Pnaa 6 oN 7 PROFESSIONAT.SPRV[CES AGRH6MHMTPOR PUBLIC ART CONSULTIMCi S6RV[CES PAGE 7 0~7 Meridian City Council Meefing DATE: July 24, 2012 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: Subrecipient Agreement with Meridian Development Corporation For PY 201 1 Community Development Block Grant (CDBG) Funds for aNot-to-Exceed Amount of $40,000.00 MEETING NOTES ~~~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACT10N DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN DEVELOPMENT CORPORATION FOR PY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is entered into this _ day of _~ss~, 2012 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and the Meridian Development Corporation, an urban renewal agency as established under Chapter 20, "1"isle 50, Idaho Code ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received fiands from the United States Govermnent under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i. e. Community Development Brock Grant ("CDBG") funds; and WHEREAS, Subrecipient is the urban renewal agency for the City, chaxged with increasing the economic vitality within the urban renewal area boundary and creating opportunities to live, work., and play in Downtown; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2011 (PY11); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A. Activities. Subrecipient shall use City's PY11 CDBG funds in the amount of forty thousand dollars ($40,000) to eliminate and prevent the spread of slum and blight in the designated Urban Renewal Area in accordance with the Meridian Revitalization Plan by completing at least one facade improvement project. In accordance with the MDC's Downtown Facade Improvement Program, an interested property owner(s) or business applicant shall make application to the MDC for use of these grant funds. The grant funds can be used for the following items: 1. Architectural and engineering services; 2. Historical research and documentation; 3. Permit fees; and 4. Construction costs to repair and restore the building(s). B. National Objective. Subrecipient certifies that the activities carried out City's PY11 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CI'R § 570.208. Specifically, Subrecipient's activities under this agreement shall aid in the prevention or elimination of PY11 SUBRECIYIEN'1'AGREEMENT-MDCTA~ADE [i~IPROVEMENTPROGRt1M PAGE 1 OF lf) slums or blight on an area basis (24 CFR § 570.208(b) (1)}. C. Levels of accomplishment. 1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve one (1) Unit of Service. For the purposes of this Agreement, "Units of Service" shall be defined as ane completed facade improvement project within the Urban Renewal Area. 2. Performance measures. This project will provide grant funds for the purpose completing a facade improvement project fio address the conditions which contributed to the deterioration of the Urban Renewal Area as identified in URA Eligibility Report (adopted by Resolution of the Meridian City Council, 02-385) and the Meridian Revitalization Plan (adopted by Ordinance of the Meridian City Council, 02-987). In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: a. Number and location of businesses and property owners the facade improvement program was marketed to; b. For the selected property, the conditions of the property which contributed to the deterioration of the URA; c. For the selected property, the type of improvc3ments to be completed; d. Ijor the selected property, the agreement between MDC and the property owner identifying the xesponsibilities of each entity in relation to the use and expenditure of CDBG fends, the content and form of which is to be reviewed and approved by the City; and e. Other items as deemed appropriate by the City's CDBG Administrator. D. Staffing not funded. Subrecipient agrees that na CDBG funds will be utilized for staffing. E. Performance monitoring. City will monitar the performance of Subrecipient against goals and performance measures as set forth herein.. Performance monitoring shall include City's review of Subrecipients' submitted documents for accuracy and completion, as well as an on-site visit from City's CDBG Administrator to review the completeness and accuracy of records maintained. 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, Agreement suspension or termination procedures will be initiated. F. Time of performance. Services of Subrecipient shall start on July 25, 2012 and end on December 31, 2012. If no property or business is identified for participation in the facade improvcrnent program by July 31, 2012, the City may consider terminating the project for PY2011 and reallocate the funds to another eligible CDBG project/pragrarn. The term of this Agreement and the provisions herein shall be extended to cover any additional time PY11 SUBREC;IPIENT AGREEMF,NT-MDC FAC,;ADE 1MPKOVT~MI:N`I' PROGRAM PAGE 2 OP 16 period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. G. Progress Reports. Subrecipient shall submit a regular Progress Report, in the farm and content as required by City, with every draw request. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome-based measurements as outlined in this Agreement. II. ADMINISTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. FinanciallVlanagement. 1. Budget. Subrecipient agrees that it shall use City's PY11 CDBG finds in the amount of forty thousand dollars ($40,000) to be used for at least one facade improvement project. The grant funds may be used for architectural and engineering services, historical research and documentation, permit fees, loan application and closing costs, and construction costs to repair and restore the building. City will require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §~ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. 5. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until Subrecipient attends this meeting. 6. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. PY1 1 SUBRF.CIPIENT AGREEMIiNI' -MDC FACADE IMPKOVIiMFNT PROGKAM PAGE 3 OF I6 7. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 8. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased., improved or sold. Properties retained shall continue to meet eligibility criteria. 9. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making Bnal 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 Subrecipient has control aver CDBG funds, including program income. 10. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the zules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fiilly repaired by Subrecipient within thirty (30} days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of firture payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circular A-133. Sub-recipient shall comply with OMB Circular A-133, Subpart B, Section 200(a) which requires that all non-Federal entities that expend $500,000 or more in a year have a single orprogram-specific audit conducted in accordance with A-133. Sub- recipient shall be willing to allow inquires from the City about the sub-recipient's financial statements acid single audit reports. If Subrecipient is subject to this requirement, a copy of the audit report shall be provided to the City within 30 days of completion of the audit. C. Payament Procedures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income as Subrecipient shall not charge its melnbers for the service. Any change to the activities described herein that will generate program PY11 SUBRECIPIENT AGREEMENT-MDC FACADE IMPROVEMENT PROGRAM PACE 4 OF 16 income shall require an amendment to this agreement. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Documentation required prior to transactions. As early as practicable, Subrecipient shall provide the address of an interested property for acceptance into the facade improvement program to City for floodplain and related environmental review. Failure to provide the address of the property under may result in added expenses for the beneficiary or Subrecipient, or refiisal of reimbursement by City. 5. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $40,000. Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall. only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted monthly, ago later than twenty-one (21} days after the end of the month for which reimbursement is being submitted. Draw requests shall include the following: draw request form; progress report, copy of invoice, and proof of invoice payment. Final dI•aw under this Agreement will be submitted by Subrecipient no later than September 20, 2012 unless otherwise agreed in writing. 6. Funds transfer. Pursuant to 24 CFR § 570.503(b}(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts I•eceivable attributable to the use of CDBG funds. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget ("OMB") concerning the Dun and Bradstreet Data Universal Numbering System ("DUNS"), the Central Contractor Registration database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 {Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to PaI•t 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) {to be codified at 2 CFR part 170). PY1 1 SIJBRECIPIENT AGREEMENT-MDC FA(;ADE IMPROVEMENT PROGRAM PAGE 5 Or 16 D. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal 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. 2. OMB Standards. Subrecipient shall procure all materials in accordance with. the requirements of 24 CFR § § 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets. The use and disposition of real property and equipment ,.older the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR ~§ 570.502 through 570.504, as applicable, which include, but are not limited to, the following: 1. Records. Subrecipient shall maintain real property inventory records, which clearly identify properties purchased., improved or sold. 2. National Objectives met for five {5} years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5} years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the culxent market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or impzovement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the f ve- year period. 3. Sale of equipment. In all cases in which equipment acquired in whole or in part with fiends under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used. to acquire the equipment. F. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities PY I 1 SUI3RECIPIENT AGREEMENT -MDC T'A~ADE 1MPROVGMENT PROGRAM PAGL 6 OI' l 6 to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specifted in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 24 CPR § § 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 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 termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non- expendable property acquired with funds under this Agreement shall be retained. for fzve (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the fzve-year period, whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civic Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of l 975, Executive Order 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other farms of compensation, and selection for training, PY1 I SUBRECIPII:N'1'RGREEMENT-MDC FACADE IMPROVEMENT PROGRAM PALL 7 OF 16 including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally-assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Women- and Minority-Owned Businesses. Subrecipient shall use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifl:y-one {51} percent owned and controlled by minority group members or women. For the purpose of this deflnition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. E. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall past copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements far employees placed by or on behalf of Subrecipient, state that it is an Equal Opporhmity or Affirmative Action employer. F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program far political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no fiends 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 Klatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.200(j). PY11 SIIBRECIPIENT 1~GREEMEN'1'-MDC FA~AUH 1MPROVEMFNT PROGRAM PAGE 8 OF 16 G. Labor standards. Subrecipient agrees to comply with. the requirements of the Secretary of Labor in accordance with the Davis~Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to Cit~T for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work fiinanced in whole or in part with assistance provided. under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. H. Section 3 of the Housing and Urban Development Act of 19b8. 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 135, and all. applicable Hiles and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the federal. Cnancial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." 3. Employment of low- and very-low-income persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a PY 1 l SUBRECIPIENT AGRF,EM$NT-MDC FA4ADE IMPROVEMENT PROGRAM PAGE 9 OF 1 G housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very-low income person residing within the metropolitan area in which the CDBG-fitnded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 4. Notifications. Subrecipient agrees to scud to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.61 lm, which include, but are not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration. of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall pa~•ticipate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, PYl 1 SUBRHCIPIEN"1' AUREEMlsN'i'-MDC FA4AllE IMPROVL'MIiNT PROGRAM PAGE 10 OF 16 or who are in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. J. Lobbying. The following 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 section 1352, title 31, U.S.C. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; and 2. If any fiends other than Federal appropriated funds have been paid or will be paid. to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standazd Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. IV. A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§'7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry z•eports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. )/nvirozunental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance PY 1 1 SUBR)iCIPIENT AGREEMENT -MDC FACADE IMPROVEMENT PROGRAM PAGE 1 1 Oh' 16 under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation}. C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Cotrununity Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that alt owners, prospective owners, and tenants of properties constructed prior to i 978 be properly notified that such properties may include Iead-based paint. Such notification shall point out the hazards oflead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Attn: Lori Den Hartog CDBG Program Administrator 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian Development Corporation Attn: Ashley Ford MDC Project Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. 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. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the fiends provided under this Agreement, except that: (1}Subrecipient does not assume the recipient's environmental PY11 SUBRECiP1EN'I' AGR~;rME:N7'-MDC FA~;At)F:IMPROVF.Mb'N7' PKOGRAM PAG}: 12 Or' l6 responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. C. Copyright. Contracts of agreements for the performance of experimental developmental or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants Contracts and Cooperative Agreements." D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. F. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48. G. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with fiends made available under this Agreement. H. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's govenling 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. I. Termination. 1. Notice of termination. Either party may terminate this Agreement for any reason or no reason by, at least 30 days before the effective date of such termination, giving written notice. to the other party of such termination and specifying the effective date PY 1 I Sti}3RL-'C1PII'.N'I' AGRt?F,MI;N'I' -MDC T' A~A]~E IMPROVEM}:N"r PROGRAM PACE 13 OF 16 thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the tcrznination. 4. Termination for convenience. In accordance with 24 CFR § $5.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if eifiher party materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following; a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure by either party 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 by the Subrecipient to City reports that are inco;Tect or incomplete in any material respect. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (1 S) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written. consent of City; provided, however, that claims far money due or to become due to Subrecipient from City under this Agreement may be assigned to a baz~lc, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. .7. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any PY ] ] SUBRECIPiENT AGRF,F,MEN"I' -MDC FA4Al>E IMPROVEMENT PROGRAM PAGE 14 OF 16 agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or Local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HiJD 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 shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. K. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1. 'The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. 'The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. L. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. M. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. N. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. PY 1 I SUBRECIPIENT AGRF'EMEN"r -MDC FA4;ADE IMI'ROVliMENT PROGRAM PAGE 15 OP I h O. 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. P. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Meridian Development Corporation ` ~ . '-~' __._ By• CITY: City of Meridian / _.._ By: '1'amr~x'y ~ Weerd, c~ey or ~a.~+ao m ~~rF~~f ode ZIt6ASOR~,~~, STATE OF IDAHO / } ss: County of _ c ~ _ _ ) I HEREBY CERTIFY that on this /'_~day of Ju..~ 22~~~- before the undersigned, a Notary Pu lie in t e State of~fiaho, personally appeared ~ ~f a. ~ , proven to me to be the person who executed t e said instrument, and acknowledged to me that such person..... executed the same. ,~~'' : :, IN WITNESS WHEREOF, I have hereunt~-3et ~~lar~~'t affixed my official seal, the day and year~,1~ this°cert~~a~e ,, ~., v first tibr~,ve written. /] ~ ~ ~ •~ -. Notary Public fo Residing at My Commission Attest: O ~ V ;o L~ ti ~ ~ ~~ ~o ~ 4; ._ ~~L~ti City Clerk PYI I SUBREC[PIENT AGRF.RM~NT MI)C FA4ADE IMPROVIiMk;N'I' PKOCiKAM PAGE Ih OF 16 Meridian City Council Meeting DATE: July 2~, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Recreational Pathway Easement with Meridian CenterCal LLC. MEETING NOTES ~~~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT 00 8 BOISE IDAHO 07125112 02.00 PM DEPUTY Bonnie Oberbillig RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIfIII Meridian City 112073615 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this 2.L1 day oQ ul-, , 2012, between Meridian CenterCal, LLC hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; . WITNESSETH; WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the Grantor does hereby grant unto the Grantee an basement on the following property, described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein, The easement hereby granted is for the purpose ofproviding public recreational pathway easements for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever, THE GRANTOR hereby covenants and agrees that it will notplace 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. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantor shall repair and maintain the pathway improvements. Recreational Pathway Easement THE GRANTOR hereby covenants and agrees with the Grantee that should any park of the easement hereby granted become pant of, or lie within the boundaries of any public street, then, to such extent such 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 it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever, IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR; Meridian Ce terCal LLC [�yd k t" BY11 Jean Paul tZrdy, President Its; IManaging Member 7455 SW Bridgeport Road #205 Tualatin, OR Address OALtPo1.N STATE OF IDVUi V� ) ss County of A -da ) Gas AmOt t T On this r^ day of J U LY , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared J(>*N PAUG LIVA[Z, , known or identified to me to be the President, of the Corporation that executed the within instrument, 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 fist above written. NOTARY PUBLIC FOR IMO CAL(Foptj (A 7Public 1i8Residing at: 149 0" IJA �-A Notary CNi gft Commission Expires: fA`tot County FQMV Comm,Dec 9 2Dt Recreational Pathway Easement GRANTEE: CITY OF MERIDIAN Tammy/e,Weerd, Mayor off- `t" 9�W Attest bylycee Holman, City Clerk City of ��E IDIAN* r IDAHO Approved By City Council On: S °�tle 7REA6�a4• STATE OF IDAHO ) . ss. County of Ada ) On this 2,4 day of"l_ , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •**some+ tCA JD * {SEAr ltrBLl1' ONNoape Recreational Pathway Easement NdrARY P ` LIC FOR IDAHO Residing at: 1 Commission Expires: a July 11, 2012 Project No. 111048 City of Meridian Multi -Use Pathway Meridian Town Center THE LAND GROUP, INC. EXHIBIT "A" Page 1 of 2 A 20 -foot wide easement for the purpose of a Multi -Use Pathway situated In a portion of'the Southwest One Quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, .City of Meridian, Ada County, Idaho, described as follows: Commencing at the Southwest Corner of said Section 4, thence following the westerly line of the said Southwest One Quarter of Section 4, North 0°10'43" East a distance of 2,618.49 feet to the West One Quarter corner of said Section 4, Thence leaving said westerly line, South 49'29'21" East a distance of 153.47 feet to a point on the southerly right-of-way line of East River Valley Street; Thence following said southerly right-of-way line, South 45'00'52" West a distance of 13.02 feet to POINT OF BEGINNING No, 1; Thence leaving said southerly right-of-way line, along a line being 20 feet east and parallel to the easterly right-of-way line of North Eagle Road, South 00"10'43" West a distance of 1,129.94 feet to a point on the northerly right-of-way line of East Town Center Drive; Thence following said northerly right-of-way line, North 56°23'13" West a distance of 23.74 feet to a point on the easterly right-of-way line of North Eagle Road; Thence leaving said northerly right -of --way line and following said easterly right-of-way line, North 00°10'43" East a distance of 1,096.93 feet to a point on the southerly right-of-way line of East River Valley Street; Thence leaving said easterly right-of-way line and following said southerly right-of-way line, North 45°00'52" East a distance of 28.10 feet to POINT OF BEGINNING NO. 1. The above-described easement contains 22,059 square feet, more or less. TOGETHER WITH: A 20 -foot wide easement for the purpose of a Multi -Use Pathway situated in a portion of the Southwest One Quarter of Section 4, Township. 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at the Southwest Corner of said Section 4, thence following the westerly line of the -said. Southwest one Quarter.of Section 4, -North -0°-10'43" East a-distanceof-1;286'.50feet to-a•point;- Thence leaving said westerly line, South 89°49'17" East a distance of 119.00 feet to a point on the southerly right-of-way line of East Town Center Drive; .5110 Pla!)Oit'(,I P Lat? dsc, pe Architectrure a Givil F..aginecring p GoY Cour-se Irri0ation & E1ltiirleering 0 Graph it Comm( In Ica I fop -5wve' log 4G2 E. Shat f -a arbfe, 5le- 100, irigle, Idaho 83361.6 r� 11208.11-19,404-1 F 208.919.444! * www.thelanderouoinc,com g;\ZO1I\I11Q4d1sdmin\legals\city of meridian pathway.ducx of 2 Page 2 T-Hrt, LAND GROUP, INC. Thence.following said southerly right-of-way fine, South 45°05'01" West a distance of 15.58 feet to POINT OF BEGINNING No. 2; Thence leaving said southerly right-of-way line, along a line being 20 feet east and parallel to the easterly ,right-of­way line of North Eagle_'Road, South 0010'43" West a distance of 1,163.3'8 feet to a point on the northerly right -of: -way line of East Fairview Avenue; Thence following said northerly right-of-way line, North 57°25'16" West a distance of 23.69 feet to -a point on the easterly right-of-way line of North Eagle Road'. Thente.leaving said northerly right-of-way line and following said easterly right-of-way line, North 00°10'43" East a distance of 1,130.62 feet to a point on the southerly right-of-way line of East Town Center Drive; Thence leaving said easterly right-of-way line and following said southerly right -of --way line, North 45005'01" East a distance of 28.33 feet to the POINT OF BEGINNING NO. 2. The above-described easement contains 22,941 square feet, more or less. The total above-described easement contains 45,000 square feet, 1.03 acres, more or less subject to all existing easements and rights-of-way, Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. $HORS DRIVE, SUITE 100 EAGLE, IDAHO 83616 208939-4041 208-939-4445 (FAX) r or: S11C PICH,nh19 41 GJ I (19cur)e Ar'Chitecture .0 C NI/ Engtoe crinq o Golf Course Ir"ktotion' & Enpine e frog a Graph icCoiYin) iinIca do)7 a.5U)'lie,IOU 461 E. Shore Driv', Ste, 100, Eagle, idaho 83616 a P 200.9 9.1041 P 208.43y,4445 www.theland r� ouDinc.com g;i?c�-� i}. z:lt�4s�lacimin�iegals\ctfi,+ of meridian pAhwoy.docx iLO l Ig1 I I I II Proposed Block 2 of I 20' City of Meridian CenterCal Subdivision I-- Multi—Use Pathway See Sheet 3 of 3 II Easement I I 54 3 9 E. Fairview Avenue SW COR. SEC. 4 ENGINEER/SURVEYOR PROJECT INFORMATION 0 U 1� Pro _Qr 1 • 1" s dM' City of Meridian -Multi-Use Pathway Easement Situated in the SW 1/4 of Section 4, i tiiiZ1F, IAiG - strn prrm .. 't : ..Meridian ►tBtr 'Exhibit Multi -Use Pathway Easement Town Center Township 3 North, Range 1 East, 13M, 7/11/2012 114048 W 1/4 COR, SEC. 4 City of Meridian, Ada County, Idaho 5 4 E. River Valley Street fLegend I SECTION CORNER CALCULATED POINT — -- - — SECTION LINE J RIGHT-OF-WAY UNE ? Proposed Block 1 of I CenterCal Subdivision -- — . — — — --- EASEMENT LINE See Sheet 2 of 3 U z "" Eto 20' City of Meridian I �— Multi --Use Pathway LLJi Easement I m E. Town Center Drive iLO l Ig1 I I I II Proposed Block 2 of I 20' City of Meridian CenterCal Subdivision I-- Multi—Use Pathway See Sheet 3 of 3 II Easement I I 54 3 9 E. Fairview Avenue SW COR. SEC. 4 ENGINEER/SURVEYOR PROJECT INFORMATION 0 U 1� Pro _Qr 1 • 1" s dM' i tiiiZ1F, IAiG - strn prrm .. 't : ..Meridian ►tBtr 'Exhibit Multi -Use Pathway Easement Town Center 7/11/2012 114048 1 of 3 I 1- W 1/4 COR, SEC. 4 5 44 W�,, rq�lr 20' City of Meridian Multi—Use Pathway v,Pop; aw LAND GRM, INC jiYtA#r7 5N r W Easement Exhibit "B" Multi -Use Pathway Easement Meridian Town Center S45"'5"w S451iVWW 7111/9012 111048 2 of 3 13.02 ' . . No.1] P.O.B. No,I 20' City of Meridian 5.P. N45TOWE Multi—Use Pathway Easement Alle E. River Valley Street cn 2- 8 W(D Proposed Block I of 1 1 � CenterCal Subdivision E. Town.Center Drive Proposed Block 2 of CenterCal Subdivision See Sheet 3 of 3 5 4 8 9 SW COR. SEC. 4 ... ........ 20' City of Meridian Multi—Use Pathway v,Pop; aw LAND GRM, INC jiYtA#r7 5N r W Easement Exhibit "B" Multi -Use Pathway Easement Meridian Town Center 7111/9012 111048 2 of 3 20' City of Meridian Multi—Use Pathway Easement E. River Valley Street cn 2- 8 W(D Proposed Block I of 1 1 � CenterCal Subdivision E. Town.Center Drive Proposed Block 2 of CenterCal Subdivision See Sheet 3 of 3 5 4 8 9 SW COR. SEC. 4 ... ........ I v,Pop; aw LAND GRM, INC jiYtA#r7 5N r W Exhibit "B" Multi -Use Pathway Easement Meridian Town Center 7111/9012 111048 2 of 3 I W 1/4 COR. SEC. 4 5 4 I Proposed Block I of CenterCai Subdivision �? See Sheet 2 of 3 M o S8949'17'E E. Town Center Drive r 119.00' S45t5'0I'W 15.68' P.Q.B. No,2 o (N4545'01'E 28.33' 00 cn I J 20' City of Meridian t-- Multi—Use Pathway J i Easement M A �L LAN 1J z a Proposed Block 2 of z CenterCai Subdivision 459 � f I i N57`25'16'W 23.69' E. Fairview Avenue 5'�k4 — — — — — — — — — — — — — — — SW COR. SEC, 4 IGINEERISURVEYOP, PROJECT INFORMATION Scale: 1" = 200' Tkm LgNb. -G"R-* UiM INC 11 1311 7/11/2012 �a* abuaoe�.-xhlbit 11I041 :ndtr Multi -Use Pathway Easement CornmunlanKaa WX A Of Meridian Town Center 3 of Meridian City Council Meeting ~~~~~1f~~=:o July 2~, 2012 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES ~~,~„~- Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting ~.~-~~~T~il~° .J~.ily 2~-, 2012 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Adopt FY2012 Amended Budget of $65,815,692.00 MEETING NOTES ~~~( ~~ !~ Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACT10111 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 24, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Adopt Tentative FY2013 Budget of $80,931,407.00 MEETING NOTES vl~~~`C ~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL AGTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 2q-, 2D12 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Close Public Hearing and Comment Period on the Community Development Block Grant (CDBG) Five-Year Consolidated Plan (2012-2016) MEETING NOTES ~~~ ~~~w Community Item/Presentations Presenter Contact Info./Notes CLERKS QFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE July 24, 20'12 ITEM # PROJECT NUMBER 7C PROJECT NAME C®BG Five Year Consolidated Plan PLEASE PRINT NAME FOR I AGAINST I NEUTRAL CI~!"Y Ci.ERKS OFFiC~ Final Report PY2012--2016 Five-year Consolidated Plan ~E IDR IAN,- ~J City of Meridian, Idaho FINAL REPORT July 24, 2012 I~Y2012-2016 Five-year Consolidated Man Prepared for City of Meridian 33 E. Broadway Ave. Meridian; Idaho 83642 Prepared by BBC Research ~ Consulting 1999 Broadway, Suite 2200 Denver, Colorado 80202 303.321.2547 fax 303.399.0448 www.bbcresearch.com bbc@bbcresearch.com Table of Contents EXECUTIVE SUMMARY Background on the Consolidated Plan .......................................... Compliance with Consolidated Plan Regulations ........................... Lead and Participating Organizations ............................................ Top Housing and Community Development Needs ...................... Five-Year Strategies (2012-2016} .................................................. ....................................... ES-1 ....................................... ES-2 ....................................... ES 2 ....................................... ES-2 ....................................... ES-9 I. Introduction Purpose of the Consolidated Plan ..............................................................................................1-1 Compliance with Consolidated Plan Regulations ........................................................................I-1 Lead Agency and Participating Organizations .............................................................................I-1 Organization of Report ..............................................................................................................I-2 Index of HUD Requirements ......................................................................................................I-2 II, Housing and Community :Development Population and Household Composition ........................................... .......................................II-1 Homelessness ................................................................................... .......................................Il-8 Economic Characteristics ................................................................... .....................................II-12 Housing Market Analysis ................................................................... .....................................II-15 Housing Condition and Needs Indicators ...........:............................... .....................................11-24 111. Public Input and Participation Resident Survey ....................................................................................................................... I II-i Stakeholder Survey and Focus Group ....................................................................................III-15 IV. Five-year Strategic Plan Consultation, Institutional Structure and Coordination 91.200(b) Citizen Participation 91.200 (b) .................................................. Institutional Structure 91.215 (k) ................................................ Coordination 91.215 (I) ............................................................., Housing Needs 91.205 ............................................................... Homeless Needs 91.201 S (c) ...................................................... Non-homeless Special Needs 91.205 (d}including HOPWA ......... Lead-based Paint 91.205 (e} ....................................................... .......................................I V-1 ....................................... I V-4 ....................................... ! V-7 ....................................... IV-8 .......................................I V-9 ..................................... I V-13 .....................................I V-15 ..................................... I V-15 BBC RESEARCH SL CONSULTING Table of Contents IV. Five-year Strategic Phan (CONTINUED) Housing Market Analysis 91.210 ............................................................................. ..............IV-17 Public and Assisted Housing 91.210 (b) .................................................................. ..............IV-1 7 Homeless Inventory 91.201 (c} ............................................................................... ..............IV-19 Special Need Facilities and Services 91.210 (d) ........................................................ ..............iV-20 Barriers to Affordable Housing 97.210 (e) ................................................................ ..............IV-20 General Priority Needs Analysis and Strategies 91.215 (a) ........................................ ..............IV-22 Specific Objectives/Affordable Housing (Priority Housing Needs) 91.215 (b) ............ ..............IV-23 Public Housing Strategy 91.215 (c) ......................................................................... ..............IV-24 Priority Homeless Needs and Homeless Strategy ...................................................... ..............IV-25 Specific Objectives/Homeless (91.215) ................................................................... ..............IV-29 Priority Non-Homeless Needs 91.215 (e) .................................................................. .............IV-29 Special.Needs Objectives 91.215 (e) ........................................................................ .............IV-29 Priority Community Development Needs 91.215 (f) ................................................. .............IV-Z9 Neighborhood Revitalization Strategy Areas 97.215 (g) ............................................ .............IV-29 Antipoverty Strategy 91.215 (1) ................................................................................ .............IV-30. Housing Opportunities for People with AIDS (HOPWA) ............................................ .............1V-35 Appendices A. City of Meridian Citizen Participation Plan ......................................................................... A-1 B. Residential Anti-Displacement and Relocation Assistance Plan .............................................B-1 BBC RESEARCH SI CONSULTING I'17 r11 C: "~ C C EXECUTIVE SUMMARY Meridian ~Y2012-2016 Consolidated flan Background on the Consolidated Plan Beginning in fisctl year I995, the U.S. Department of Housing and Ut-ban Development (HUD} required local communities and states to prepare a Consolidated Plan in order to receive federal housing and community development funding. The Plan consolidates into a single document the previously separate planning and application requirements for Community Development Block Grants (CDI3G), Emergency Shelter Grants (ESG), the HOME Invcstrnent Partnerships Program including the new American Dream Downpayment Initiative (ADDI}, Housing Opportunities for People with .AIDS (HC)PW11) funding and the Comprehensive Housing and Affordability Strategy (CHAS). Consolidated I'laa~s are required to be prepared every three to five years; updates arc required annually. The purpose of the Consolidated Plan is: L 7`o identify a city's or state's housing and eommuniry development (including neighborhood and economic development) needs, priorities, goals and strategies; and 2. To stipulate how funds will be allocated to housing and community development activities. This report is the PY2012-20lrri Pive-year Consolidated Plan for the City of Meridian (city). "I`he only federal grant through the U.S. Department of Housing and Urban Development (I-IIJD) the city receives is CDI3G. Annual Action Plan. In addition to the Consolidated Plata, cities and states receiving block grant funding must complete an annual Action Plan. The Action Plan designates how cities and states propose to sperxd the fee{eral block grant finids in a given program year. CAPER. The Consolidated Annual Performance and Evaluation Report (CAPER} is also required yearly. The CAPER reports on how funds were actually spent (v. proposed in the Action Plan), the lxouseholds that benef tted from the block grants and how well the city/state rnet its annual goals far housing and community development activities. Fair housing requirement. I IUD requires that cities and states receiving block grant funding take actions ro affirmatively further fair housing choice. Cities and states report on such activities by completing an Analysis of Impediments to hair I-lousing Choice (AI} every three to five years. In general, the AI is a review of impediments to fair housing choice in the public and private sector. An update to the city's AI was completed in conjunction with this Consolidated Plan. BBC RESEARCI'1 St CONSULTING EXECUTIVE SUMMARY, PAGE 1 Compliance with Consolidated Plan Regulations The Cityof Meridian's PY2012-2016 Consolidated Plan was prepared in accordance with Sections 9L100 through )1.230 of the US. Department oFI-Iousing and Urban Development's Consolidated Plan regulations. Lead and Participating Organizations The City of Meridian is the Icad agency for the-completion of the Five-year Consolidated Plan, annual Action flan and the Consolidated Annual Performance and Evaluation Report {CAPER). The city receives and administers the Comtnuniry Development Block Grant {CllBG). CDBG is both the oldest and largest of the HUD programs for housing and community development. CDBU can be used for a number of activities, such as: ^ construction and rehabilitation of community facilities including those that help special needs populations (e.g., homeless shelters); ^ removal of accessibility barriers from public buildings; ^ loans or grants to business for job training and hiring of lower income workers; ^ demolition of property; ^ provision of operating dollars to social service organizations; ^ public infrastructure improvements (streets, sidewalks); ^ code enforcement, ^ housing activities, such as infrastructure extension in support of affordable housing, housing rehabilitation, site acduisition, lead-haled paint detection and removal, and downpayment assistance; and ^ social service programs including childcare, homeless services; youth programs, disability services, neighborhood revitalization and senior services. Th.e city retained BBC Research & Consulting (BBC) of Denver to complete the City's Five-Year Consolidated Plan. Top Housing and Community Development Needs 'I'hc top housing needs identified through the quantitative {data collection and analysis) and qualitative {public input) research conducted for this Consolidated Plan are summarized in this section. Downtown Meridian-the city's area of greatest need. The city's lowest income households largely live in the city's original downtown area. As demonstrated in Figure ES-1, ttivo Census block groups in the downtown area contain concentrations of low income households.' r A concenaation occurs when an area has 10 percentage points or more of a particular group than the city overall. This dc6nirion of concentration aligns with I I(JD's definition of disproportionate need. PAGE 2, EXECUTIVE SUMMARY BBC RESEARCH ~t CONSULTING Figure ES-1. Geographic Distribution of Low Income Households, City of Meridian, 2010 Nole: Households earning less than 825,000 per yearused as a proxy for low income. Source: 2010 Claritas. 1- t»4--,- _ - - ' i _ ~- - a ~• t~ , - ~ -~ -~- ` ~-- - -J- -© I -~ r a. lcgenJ L~~ii Ilmn IU.fI'K: -. ~ - I Iri r:, to 76.Gb s, . t.u~~r w.,n 7U Lie. I Meridian has three Census block groups that HUD has designated as LMI areas. The city's downtown area also contains its oldest housing stock, as well as its lowest home average home prices. Figure E5-2 displays average sales prices by Census tract for homes sold in 2010. The average sales price for homes in one of the city's LMI areas was $103,000 in 2010, which is 63 percent less than city's overall average sales price fol• the year. Figure ES-2. Average Mi_S Sales Price by Census Tract, City of Meridian, 2070 source: COME>ASS and Intermountain MLS . ral =i1• ~r..1;. :aye.. -l.glq ~~_i,e;- 103.13 13D5,ti 31 !147,130 -35.596 103.21 5208,229 8130,599 -37.3% ltll.?7 SI7U,319 5103,177 -39.496 103.31 5338,371 5233,869 -30.996 103.32 3251,264 S 160,474 -36.19b 103.33 $251,640 !107,566 -35.4% 103.34 5712,421 5139,061 •37.546 103.35 1285,119 8.172,668 -39.546 BBC RESEARCH ~I CONSULTING EXECUTIVE SUMMARY/ PAGE 3 Residents at-risk of homelessness. The Meridian Food Bank and the Meridian School District work directly with children, adults and families at-risk of or currently experiencing homelessness in Meridian. In the focus groups conducted for this study, both organizations have mentioned that they have seen a surge in demand for services. Indeed, there are households in Meridian that arc cost- burdened, which could lead to homelessness. As demonstrated in Figure ES-3, there are 1,700 extremely low income households in Meridian severely cost burdened. However, cost burden is not limited to the city's low income residents, as nearly 1.,200 moderate income homeowners in the city are currently cost burdened. Figure ES-3. Summary of the Severe Cost Burden Being Experienced by Renters and Owners by Income Category, City of Meridian, 2010 Source: BBC Research and Consulting, 2010 American Community Survey and HUp CHAS database. Household income less than 30%MFI Cost Burden > 30oh 1,271 722 Severe Cost Burden > 50% i,096 604 Household Income 30 to 509b MFI Cosl burden > 30% 876 1,367 Severe Cost Burden > 503'0 376 686 Household Income 50 to 809'o FMI Cost Burden > 30°.6 564 1,630 Severe Cost Burden > 50% 106 316 Household Income yreater than 8090 MFI Cost Burden > 30% 120 1,168 Severe Cost Burden > 509'0 - 53 Figure ES-4 quantifies the number of households in the city currently at-risk of homeless. More than 1,000 households in Meridian are currently at-risk of homelessness. Many of these households include small family households and elderly. Figure ES-Q. At-risk of Homelessness: Extremely Low Income and Severely Cost Burdened Households, City of Meridian, Source: BRC Research and Consulting, 2000 and 2010 Census, and SOCDS CHAS database. Renters rvnr~i-i`-Irt~lla., ~~,rrNhur.;~ ~I Total At Risk ~~I~i~tt=li~i~lttF~ Elderly 52 Elderly 224 Small families 290 Small families 471 Large families 54 Large families 119 Others 151 Others 216 Owners Total at risk Elderly 172 for homelessness 1,030 Small families 181 Large families 65 Others 65 PAGE 4, EXECUTIVE SUMMARY BBC RESEARCH & CONSULTING Housing market mismatch. Figure ES-5 presents the findings from the city's rental market gaps analysis. There are 652 renters earning less than $10,000 per year living in Meridian-but just 229 units to serve them. "Phis leaves a shortage of 45.3 units for the city's lowese income households. These renters have such low incomes tharthey can only afford to pay $250 per month in rent and Z utilities . A}together, the City's rental gap is 1.,077 for renters earning less than $25,000 per year. Renters earning more than this can find an adequate supply of units. In particular, renters earning between $25,OU0 and $5U>OUO have an abundance oFunits affordable to them. Figure ES-S. Mismatch in Rental Market by Household Income, Gity of Meridian, 2010 . ~v~F~.kllnl~li~ tir~.ry,..;NP;i~~~:. r~r.r:I lut )~Fr-~it•VI: _ _ 1f{-11 - 5=1,'~ ~i1 ii~1 ~:•f l'•~.~r,t~-In! t .~~s~~.rar~. ~;r;, rihnr~~l„' _ _ 11~~i~.ll I~i~-.e1i: i(;f"I~f~l= ';f+lrl} 1f17~7r1r;t~;-: flip=f~r~lirt-;hJlil~;~ !~I!iiil:2,' f, ;d=bao~.;; t~.~,.~ LrsS than $f C7,00(i 6x1 11'6 'b Z~ii 124 440 (4 ~ij $10,000 to $14,999 442 846 $ 375 197 396 (245) $15,000 to $19,999 335 646 $ 500 74 I °h (262) $2Q000to $24,999 Z70 5% $ 625 153 2% (117) $25,000 to $34,999 703 1346 $ 875 1,768 2946 1,065 $35,000 to $49,999 1,037 18°,6 $ 1,250 2,804 46°~ 1,767 $SD,D00 to $74,999 1,371 24% $ 1,875 775 13% (596) $75,000 to $99,999 357 6°rb $ 2,500 147 2% (210) $1DO,000to$1.19,999 28R 59b $ 3,750 0 09b (7.88) $150,000 or more 123 2% $ 3,751 0 0°,6 (123) Total 5,609 100% 6;147 Source: 86C Research Fz Consulting. rigure ES~6 displays: market options for renters wanting to buy a home i n Meridian. The city's homeownership market is well-suited for households earning $35,000 or more per year, However, some renter households maybe challenged to save for a downpa}'ment, given the increase in rental rates in Meridian in the last 1 U years. z'I'his is based on 30 percent of household income, BBC RESEARCH bT CONSULTING EXECUI~IVE SUMMARY, PAGE 5 Figure ES-6. Market Options for Renters Wanting to Buy, City of Meridian, ZO10 65:~>,~i~d~p,~ rr,~r~?L~;N~r,ri~rr, - -- - - .r~~,,,r,rr.,.~ . ,i.t•J ~,lJla _ ~~t:,iit -~~- ra'i i,,:~l-J~tl.~ i.~r ~ir,,:P(:.. :eliit, _il ~: :iii i7u•uu :,;:i~i~i .~~r,d~ra, ! .;r;,;rt~;~C: I~J~~,~, I:',Ia~{: r - li~rr; iati~it,e,elin, ~~';•, Ill~:n 'D Ii)~(10() 6~1? 1Z"f~ !. j9~g4n ,`,'a ;n6 .rl^, t. $10,000to$T4,999 442 845 $ 59,757 0% 436 -7°k $15,000 to $19,999 33G G45 $ 79,677 096 495 -6°,6 $20,000 to $24,999 270 596 $ 99,597 145 S°ib -446 $7.5,000 to $34,999 703 1346 $ 139,437 8°.6 13°,b -446 $35,000 to $49,999 1,037 18% $ 199,198 34% 4745 1646 $SO,000Io $74,999 1,371 2446 $ 298,799 36°.6 8396 124b $7S,000to $99,999 357 646 $ 398,400 11% 95% 545. $100,000 to $149,999 288 596 b 597,602 596 9946 •145 $150,000 or more 123 2°,4i $ 547,603 1% 100% -146 Total 5,609 100% 100% Source: 88C Research~& Consulting. Top needs identified in quantitative research. The following summarizes the major findings from the public input process. The public input process was comprised of three parts: ^ A resident survey 4vas distributed online and on paper between November 1 C''' and December 3.5`x' of 2011-330 residents participants in the survey; ^ An online~stakeholder stuvey was promoted by city staff and BBC in fa11201 ]-15 housing and social service professionals responded; and ^ A focus group and in-depth interviews with service providers and housing developers were conducted in fall and winter 2011-1 I individuals participated. Residents. Overall, survey respondents were satisfied with their current living situation. in Meridian. right-six percent of respondents ranked their level of satisfaction with their current Iiving situation between a "C" and "9", with "C" representing "satisfied" and "9" representing "extremely satisfied." The city's housing stock is in relatively goad condition, which could be aiding in residents' overaIl satisfaction with their current living situation. As see in 1~igure ES-7, approxirnately three out of every four survey participants said their home does need any necessary repairs. Some survey participants did state tltat their lromc needcc{ some necessary repairs; however, nearly all of those 1espondents said these borne repairs dici not make their home unlivable. PAGE 6, EXECUTIVE SUMMARY BBC RESEARCH & CONSULTING Figure ES-7. Housing Condition, City of Meridian, 207 7 Note: n=327and n=84. Source: Meridian Resident Survey, 20i 1. Are there any necessary repairs that you (homeowner) or your lnnrllord (renter) have not mode to your hom No (74 Are any of these necessary repairs so si~nUtcont that they make your home a of i va hle7 Yes (49u) No (9690} The survey did identify a group of rerltcrs in the city who would like to purchase a home in Mcridian.lls demonstrated in Figure F.S-8, 3S percent of renter survey respondents said they were "extremely interested" in buying a home in Meridian. Nearly three in four renters (73%) said they have not purchased a borne because they do not have money for a down_paymcnt. Figure ES-8. Renter Interest in Buying a Home in Meridian, 2017 Note: n=45. Source: Meridian Resident Survey, 1.011. fxtremel y interested htterested 6 5 4 Somewhat 3 interested 2 1 Not of afl fbferested ~ 9 37.8°ro s I n.1s~ 7 ~ 6.7% {~ 13.3% ' 4.4N96 I <.Z'/U F ;f.4% R.9% 2.2% $.9% vro tu~u 4v.n nu~ro ou~ro ivuro As part of the resident survey, residents were asked to rate the IeveI of need for services within the following categories: ^ Community Facilities, ^ Infrastructure; ^ Special needs; ^ Community services; ^ Neighborhood services; ^ Businesses and jobs; and ^ I~OI1SIIlg. BBC RESEARCH Si CONSULTING EXECUTIVE SUMMARY, PAGE 7 The results of this exercise are summarised in Figure ~S-9. Residents consider job creation and retention the most important need within the city. Figure i:S-9. Summary of Housing and Community Development Needs, City of Meridian; 2011 Senior Centers Youth Centers s` Child Care Centers ~ Y Park ant! Recreational Facliltles ~ ~ Fleallh Care Fadllties e ~+ ~ u Cammunliy Centers ~ lire Sta[ionsand Cquipmenl llbrarEes ~ Drahsage Improvement ~ Water/Sewer Improvement i Street/Alley Improvement +„ Street Liyhtiny n w Sidewalk Irnprovernents 5 ADA Improvements ~ Accessibility Improvements Domesllc Violence Servlces Z Substance Abuse Scrvkes n Harneless Shelters/Services ~ p IIIVlAIUS Center and Services u s Neglected/Abused Children Center and Services Sen f or Activities ~` Youth Activities _ a u Child Care Services _ a y ' ~ Public l ranspmtation Services ~ G H Anti-Crime Programs u Health Services Mental Health Services 9 O O L 4 O •~ vt ~ Z m e ro rT e S Legal Services P.vping Fadlltles Cleanup of Abandoned Lots and Buildings Stan•Up Business Assistance Small Rusfness loans lob Creation/Retention Employment Training • Fa4ade hnprovements Business Mentoring Commercial/Industrial Rehabilitation Accessibillty(AUA Improvements Owoer~Ucwpied I lousing Rehabilitation Rental Hau sing Rehabihlatinn _ Homeownership Asslstante Aflardable Rental Mousiny Housing hrr Ubablyd Scniur Housing Houeing tar Large Famines Ealr Houslny Scrvkes Lead Based Palm 1"esting/Abase rnent Energy Elncient tntpraar+ments Reusing for Paster Yaulh Source: Meridian Resident Survey, 2011. 0.0 3.8 4.Y S.5 -0.4 d.d 4.6 4.Y 9.7 3.3 5.5 5.0 R.(, b.1 3.3 5.7 S.l 4.8 4.5 .r,,0 9.1 a.6 3.9 4.7 3.9 5.1 5.? 5.2 6,b 5b •1.1 4.7 4.7 7.0 2.0 3.0 4.0 5.0 G,0 7.0 8.0 9.D PAGE 8, EXECUTIVE SUMMARY BBC RESEARCH Si CONSULTING Stakeholders. Stakeholders identified downtown redevelopment, affordable housing, and services for persons at-risk of homelessness as the city's greatest housing and community needs. Downtown redevelopment. Stakeholders would like to see continued investment in Meridian's downtown area. Stakeholders would like to see the area improved fa' the LMI households that live close to downtown, and stakeholders would also like to see. more job creation and retention in the downtown area. There are currently few businesses in the downtown area. One stakeholder participating in the focus group stated that "I live in Boise only two miCes from downtown Meridian and. I have no reason to come to downtown Meridian." Affordable housing. Stakeholders would like to see tl~e city increase its inventory of affordable rental housing. Stakeholders recognize that federal and state funding is limited, but they encourage the city to be creative in finding ways to encourage affordable housing in Meridian. Services for persons at-risk of homelessness. Stakeholders said that the recent national economic downturn has impacted Meridian households. Stalceholdet:s have seen an increase in demand for services, and that these services are often necessary for families to remain in their homes (e.g., food bank, medical services}. f=ive-Year Strategies (2072-2076) Meridian has three strategies for its 2012-1.OIC Consolidated flan. Strategy No. 1: Improve access to affordable housing opportunities for Meridian residents. Strategy No. 2: Improve the lives of Meridian residents with special needs and residents at-risk of homelessness. Strategy No. 3: Improve economic opportunities in the city's L,MI areas. ^ Strategy No. 1 (Affordable Housing): Improve access to affordable housing opportunities for Meridian residents. > Objective 7.1: Address the need for affordable decent housingbysupporting a down payment assistance program for qualifying households. HUD Specific Objective Category: Availability/Affordability of Decent Housing (DH-2) Syear Consolidated Plan Outcome: 7 households ^ Strategy No. Z (Suitable Living Environment): Support services, programs and projects for the city's LMI residents, including persons with special needs and residents at-risk of homelessness. > Objective 2.1: Strpport public service activities that serve the city's LMI residents. HUD Specific Objective Category: Sustainability of Suitable Living environment (SL-3) S year Consolidated flan Outcome: 10,000 people BBC RESEARCH & CONSULTING EXECUTIVE SUf01MARY, PAGE 9 > Objective 2.2: Invest in public facility improvements that serve persons with special needs and low income residents, as well as public facility improvements located in the city's LMI areas or serving LMT residents. HUD Specifc Objective G~ztegory: Availability/Accessibility of Suitable Living Em~ironment (SL-1) 5 year Consolidated Plan Ozztcnme: 3 public facilities ^ Strategy No. 3 (Economic Opportunities): Improve economic opportunities in the city's LMI areas. > Objective 3.7 : Support public service activities that provide employment training or job creation/retention for the city's LMI residents HUD Sfzeci fie Objective Category: Availability/Accessibility of Economic Opportunity (LO-1) s year G'orzsolidated flan Outcame: 20 residents > Objective 3.2: Invest in public Facility i,nprovements or activities in the downtown area that address one or more of the conditions which. contributed to the deterioration of the area. HUO Specific Objective Category: Availability/Accessibility of Economic Oppa•utniry (LO-1) 5year Consolidated Plan Outcome: 2 bt~sinesses or public facilities PAGE 10, EXECUTIVE SUMMARY BBC RESEARCH SL CONSULTING SECTION I. Introduction SECTION 1. Introduction Purpose of the Consolidated Plan Beginning in fiscal year 1995, the U.S. Department ofHousing and Urban Development (HUD) required local communities. and states to prepare a Consolidated Plan in order to receive federal housing and community development funding. A Consolidated Plan is required of any city, county or state that receives federal block. grant funding for housing and community development funding, including the Community Development Block Grant (CDBU), Emergency Shelter Grant (ESCx), the HOME Investment Partnerships Program and the Housing Opportunities for People with AIDS (HOPWA) program. Consolidated Plans are required to be prepared every three to five years; updates are required annually. The purpose of the Consolidated Plan is: 1. To identify a city's, county's or state's housing and community development (including neighborhood and economic development) needs, priorities, goals and strategies; and 2. To stipulate how funds will be allocated to housing and community development activities. Consolidated Plan and Action Man. This report is the PY2(?I2-2016 Five-year Consolidated Plan for the City of Meridian (City). The city is eligible to receive CDBG funds annually. CAPER. The Consolidated Annual Performance and Evaluation Report (CAPER) is also required yearly. The CAPER reports on how funds were actually spent (versus how proposed. in the Action Plan), the households that beneEitted from the block grants and how well the jurisdiction met its annual goals for housing and community development activities. Fair housing requirement. HUD requires that recipients of its block grant fiuids take actions to affirmatively further fair housing choice and, as such, an Analysis of Impediments to Pair Housing Choice (AI) is required every three to five years. In general, the AI is a review of impediments to fair housing choice in the public and private sector. An update to Meridian's current AI was completed iir conjunction with this Consolidated PJan. Compliance with Consolidated Plan Regulations "This PY2012-2016 Consolidated Plan was prepared in accordance with Sections 91.100 through 91.2.30 of the U.S. Department of Housing and Urban Development's Consolidated Plan regulations. Lead Agency and Participating Organizations The City of Meridian's Department of Community Development Planning llivision administers the city's annual allocation of the Community Development Block Grant, or CDBG. BBC RESEARCFI ?~ CONSUI-71NG SECTION I, PAGE 1 For Program Year 2U12(PY2012), the city is estimated to receive $256,727 in CllBG. CDBG is both the oldest and largest of the HUD programs for housing and community development. CDBG can be used for a variety of activities including: ^ Public infrastructure improvements {streets, sidewalks} in CDBG eligible areas or to support affordable housing development; ^ Rernoval of accessibility barriers; ^ Loans or grants to business for hiring of lower income workers; ^ Provision of supportive service dollars to social service organizations; ^ Demolition of property; ^ Construction and rehabilitation of community facilities including those that help special needs populations (e.g., homeless shelters}; and ^ Down payment assistance for homeownership. The City retained 13130 Research & Consulting (BBC) of Denver to complete the Five-year Consolidated Plan and assist with the 2012 Action Plan. Organization of Report The Consolidated Plan is organized into six sections and five appendices. ^ The Executive Summary summarises tlic top housing and community development needs for Meridian and details how the city intends to allocate CDBG in the next frve years. ^ Section / is the introduction to the report. ^ Section 1l contains an analysis of the housing market in Meridian. It also provides demographic information and discusses the location and availability of assisted housing. ^ Section /Jl reports the findings from the public and stakeholder outreach process conducted. for the Consolidated Plan. This process included a survey of residents that asked them to assign a priority rank to housing and community development Heals; community meetings with stakeholders and residents; and interviews of stakeholders who work with low income and special needs populations. ^ Section lU contains the city's Fivc-year Strategic Plan. ^ Appendix A -Citisen Participation Plan, along with any comments received during the 30-day public comment period. Index of HUD Requiwetnents The following table serves as an index for the HUD Consolidated Plan reviewer. It identifies the HUD Consolidated Plan and /lotion Plan requirements (as specified in the Consolidated Plan Review Guidance list) and shows where the items arc located in this document. BBC RESEARCH & CONSUL"PING SECTION I, PAGE Z Figure I-7. Consolidated Plan, HUD rr~~~u-~„--lili~~ii,~:~,~~-i:i,~,~ Regulations Index Stand Alone Executive Summary source: HUD required tables RRC Research & Consulting. PfrfpOSed OutCOmeS Proposed NRSA or target area Consultation process and list of organirations participating in Consolidated Plan Citizen Participation Plan Citizen comments Lead agency Exenrlive Summary Section IV, beginning on page 10 Begins in Executive Summary, Paye 10. Also Section IV. None Section III. Also Section IV/Page 2. Appendix A Section IV/Page F Introduction /Paye Z fslimaled housing needs by family type for five-year period Strategic Plan /Page 8 Disproportionate need Strategic Plan /Page 13 Disuassion of nature and extent of homelesmess, including by Section II 1 Page 8-10 racial/ethnic group Homeless facilities and services, including an estimate of the Strategic Plan 1 Page 21 percentage of beds and supportive service programs serving chronically Homeless homeless strategy 5lrategic flan /Page 27 Estimated supportive housing needs of non-homeless persons Strategic Nlan /Page 16 Estimated number of housing units with lead-based paint hazards Strategic Plan /Page 2G- Also Section IIJPage 26 Description of significant characteristics of the housing market Areas of low income and minority concentrations, including definition of concentration tJnils expected to be lost from the inventory of assisted housing Facilities and services needed to assist non-homeless persons in need of supportive housing Barriers to affordable housing and strategies to remove barriers Estimate of the number of vacant and -abandoned buildings and suitability far rehabilitation Section II Section it / Pagc 3,4,7 Strategic Plan/Page ZO Strategic Plan /Page I6 Strategic Plan /Various [carriers sections Not available SBC RESEARCH bT CONSULTING SECTION I, PACE 3 Figure I-]. (cont'd) Consolidated Plan, HUD Regulations Index Source: BBC Remarch f~ Consulting. ~•i, t:l; ~rii~ 1'li u~ Basis for priority assiynntents Strategic Plan Obstacles to meeting underscrved needs Strategic Plan /Various Obstacles sections Priorities, objectives, outcomes Exeartive Summary/Page 10 and (accomplishments) and resources Strategic Plan Affordable housing needs, basis for priorities Strategic Plan Justification for use of 1BRA N/A Priority non-housing community Executive Summary/Page 70 and development needs and goals Strategic Plan Acliorts proposed to evaluate and reduce Strategic Plan /Page 19 lead-based paint hazards Anti-povertystrategy Strategic Plan 1 Page 32 Institutional structure Strategic Plan J Page 1 Coordination Strategic Plan / I>ago 1 Public housing strategies No PHA units in Meridian. PhIA initiatives discussed in Strategic Plan /Page 2d Monitoring Aetion Plan BBC RES€ARCH ST CONSULTING SECTION I, PAGE 4 SECTION 11. Housing and Community Development SECTION 11. Housing and Community Development This section partially fulfills HUD's Consolidated Plan requirements for an analysis of Housing and. Homeless Needs Assessment, the Housing Marlet Analysis and required elements of the Strategic Plan for the City of Meridian. The remaining requirements are fulfilled in the Strategic Klan. The primary data sources for the demographic and housing profile include the following: the Census {2010), American Community Survey (ACS} 1-year (2010), 3-year {2008-2010) aIld 5-yCar (2005- 2009) estimates, Claritas (2010), COMPASS, and the Bureau of Labor Statistics (BL,S). Population and Household Composition Population growth. "I'he current population in Meridian is 75,092. Meridian is a fast growing conununity that has more than doubled its population iai the last l0 years. In fact, 1Vleridian accounted far 44 percent of Ada C;cnu>ty's growth in the last ] 0 years. Figure 11-7. Population of Cities within Ada County, 2000 and 2070 Source: 2000 and 2010 U.S. Census. ~:r~i,~~~l ~ ,1~~,~ G,~•,::I~elf, ~ ,:~~;: ~, ia,r,~l,~; ~ '~iair~gf:Jl~ei, . ~, Meridian 34,919 75,092 1159u 12'%~; Boise 185,787 205,671 11% 1% Eagle 11,085 19,908 80% 8% Garden City 10,624 10,972 3% 0°k Kuria 5; 382 15;210 18396 18% Star 1,795 5,793 22396 22% Ada County Total 300,904 392,365 30% 3% Age. like many communities in the U.S., Meridian's population is aging.'I'lie city's population contains a larger proportion of Baby Roamers and seniors now than 10 years ago. Figure 11-2. Age Distribution, City of Meridian, 2000 and 2070 Source: 2000 and 2010 U.S. Census. Inlanls and Toddlers (ngr_ U to ~l} 3,973 i I':u 6,9t31 9r5 School Aged Children (Aqe S to 19} 8,493 2496 99,685 26°,6 College Aged Adults (Age 20 to 24) 1,%1 % 596 3,296 496 Young Adults (Age 25 to 44) 12,964 37% 7.2,875 3096 Bally Buorners (Age 45 to G4) 5,521 1G°~6 15,542 21~G Seniors (Age 65 acid older) 2,251 6% 6,713 9% Senior residents currently comprise) percent of the city's population. As demonstrated in Figure II-3, there are three block groups wi'tl7i^ the city that contain a relatively large proportion of seniors. One of the block groups (tract 103.22, block group 2) encompasses the core of the ciownrown business district. BBC RESEARCH SI CONSULTING SECTION II, PAGE 1 Figure II-3. Percent Seniors of Total Population by Block Group, City of Meridian, 2070 Source: 2010 U.S. Census. Race and ethnicity. The City of Meridian is largely racially White (92 percent) and ethnically non- Hispanic (9.3 percent). The city's Hispanic population has been the fastest growing racial or ethnic group in the last 10 years, and now comprises 7 percent of the city's population, compared with just 3 percent in 2000. As displayed in the "change in proportion" column on the right, all non-White raci<d groups now account for a slightly larger proportion of the city's population compared to 2000. Figure II-4. Race and Ethnicity, City of Meridian, 2070 -,•,hrvr%, t; rrir~riiF ~~~ur~rr~;a tr~_r~'~r~~n i,ra.~,r,ra~f~i,~ American Indian and Alaska Native 117 0.3% 375 0.5°,n 0.240 Asian 516 1.5% 1,345 1.8°l0 0.3% Black or African American 43 0.146 573 0.8% 0.G9fi Native Hawaiian and Other Pacific Islander 66 0.29'0 1.06 0.1% 0.0% White 32,776 94.09b 69,071 92.0°,6 -2.095 Some other race 479 1.4% 1,449 1.9% O.b% Twn or more races 861 2.59b 2,173 Z.9°,6 0.4°.6 ,. Hispanic/Latino 1,128 3.245 5,111 6.8°r6 3.695 Non-Hispanic/Latino 33,730 96.8% 69,981 93.2% -3.6% Source: 2000 and 2010 U.S. Census. BBC RESEARCH Si CONSULTING $ECTiON II, PAGE 2 Racial and ethnic concentration. This report examines racial and ethnic concentrations in Meridian using HUD's definitions of disproportionate need and minority area/impacted area. According to HUD, a disproportionate greater need exists when the percentage of persons in a category of need who arc members of a particular racial or ethnic group is at least 10 percentage points higher than the percentage. of persons in the category as a whole. Using this definition, an area of racial and ethnic concentration is defined as where the percentage of persons in a particular race ar ethnicity is at least 10 percentage points higher than the percentage of persons in the category for the city as a whole. The following maps show the proportions of Non-White and Hispanic residents by Census block group for the City of Meridian. The concentration thresholds used for the concentration maps are: Non-White. In 2010, 8 percent of residents in the city reported their race as something other than White. Census block groups that have ] 8 percent and mare non-White residents are concentrated by the disproportionate need definition. ^ Hispanic concentrations. In 2010, 7 percent of residents in the city reported their ethnicity as Hispanic. Census blocks that have 17 percent and more Hispanic residents are concentrated by the disproportionate need definition. 1'he maps also report areas that HUD terms. "minority areas" or "racially/ethnically-impacted areas" evhich are block groups in which minority populations are 20 percentage points higher than the City of Meridian overall. As demonstrated in Figures II-5 and iI-6, there are no areas of concentration or any impact areas in the city. 1`he Census block group with the largest proportion of non-White residents (14%) is block group 2 of Census tract l 0.3.22, which encompasses the city's downtown business district. "1'he Census block group with the largest proportion of Hispanic residents (14 percent) is block group 2 of tract 103.21. 'T'his block group lies adjacent to the ciry's main downtown area. BBC RESEARCH ST CONSULTING SECTION li, PAGE 3 Figure II-S. Concentration of Non-White Residents, City of Meridian, 2010 Spurce: 2010 U.S. Census. Figure II-6. Concentration of Hispanic/Latino Residents, City of Meridian, 2010 Sp u rce: 2010 U.S. Census. '. I ~,. ,.--- r Legend Lc ss Ihan i.0?e ~ "~ {. S.D','o to 18.69c _ AWrethan 18.6?6 ~_-__ ;Impacted Area .._ '~~ J Id ~" --- II Y7 u rl.d ~ ~ ~~ I -t _ ~ _ i ~~ ' ... - - - -,~ ---,' '~ . 'z _ ~ ~~ ®. _ i ' I _ . I cgr•nd •~+ Lcssllran5.09v _' s.u~~b In v.a>o - More than 17.D9c :~r~ ' ~_ -_~ Impacted Area _ BBC R[SEARCFi St CONSULTING SECTION li, PAGE 4 Type of households, Seventy-nine percent of the city's households are family households, including b4 percent husband and wife families. By comparison, family households comprise a much larger proportion. of Meridian's household composition than neighboring Boise. Family households only accounrfor• 59 percent of Boise's households, and 44 percent of Boise's households arc husband and wife Families. Figure ll-7. Household Composition, City of Meridian, 2010 Family Households 19,916 7950 Source: 2olou.s.Census. Husband-wife family 16,173 64o/a with children 8,859 35°7, without children 7,314 29% Male Householder - no wife 1,117 4% with children 777 3% without children 340 19'0 Female Householder - no husband 2,626 i 0% with children 1,761 7°h without children 865 3% Nonfamily Households 5,38G 2150 Total Households 25,302 700% Seven percent of Meridian's households arc single female hottseholds with children. Fami]ies comprised of a single female householder and children are far more likely to live in poverty, and may require some form of public assistance to afford housing and other basic needs. This is certainly the case in Meridian. For example, 5 percent of all Meridian families live in poverty compared with 13 percent of all single fcrnalc hcadcd households and ~5 percent of female households with children under the age of 5 years old. As demonstrated in Figure II-8, female-hcadcd households arc most likely to reside in the city's downtown .area. BBC RC'SEARCI'i ST CONSULTING $ECTiON II, PAGE 5 Figure II-8. Geographic Distribution of Single Female Households with Children, City of Meridian, 2070 Source: 2010 U.S. Census. I ~~ I ~ ' --- - ---- I ~: 1 . ~~ jIl i~- ' ~ ~ © -. _ ~ s _ R' E Legend i i I, ~ let, Ihnn 5,(IW ~ ~ ~ _~__ -- - S ur'i to I S.(+t y, _~~ til.iir~ih.in lS l+r ~ - i ~~~ lneotne and poverty. "1`he Atnexican Community Survey (ACS) estimated the city's 2010 median household income at $60,230. Meridian's households earn more than state and national residents; the median household income is $43,490 in Idaho and $50,046 fox the U.S. overall. Figure II-9 displays Meridian's household income distribution. Meridian households arc most likely to earn beteveen $25,000 and $50>000 per year. Sixteen percent of the city's households earn less than $25,000 per year, which qualify as low income Households using HUD's income definitions. figure II-9. Household Income Distribution, City of Meridian, 2010 Source: 2010 American Community Survey. iN+icaE I;?:!i~!:~+i~hi~~ 1'd[a+!'.{_1~1~1[JI~ I"t.1rf..,ail+lf76, Less than $10,000 i,Di2 4 td~ $10,000to$24,999 3,1.40 12% $25,000 to $49,999 G,SG3 7..5nG $SO,OOD to $74,999 6,370 24% $%5,000 to $99,999 3,473 1396 4100,000 to $149,999 2,911 11 % 4150,000 or more 2,563 1026 Figure II-10 clispIays the geographic distribution of the city's lowest income households by Census block group. "I'wo block groups contain more than 26 percent low income households. Iiy l-IUD's definition of disproportionate need, these two black groups contain a concentration of low income households in the city. I3oth bloc]< groups are located in downtown Meridian. BBC RESEARCH & CONSULTING SECTION II, PAGE 6 Figure II-7 O. Geographic Distribution of Low Income Households, City of Meridian, 2070 Note I iouseholds earning less than $2s,000 per year used as a proxy for low income. Source: 2010 Claritas. Median Family Income (MFI) is used by HUD and state and local policy tnakets to qualify households for various housing programs. According to HUD, the MPI for the Boise-Nampa MSA in 2012 was $62,900. The following classifications utilize MFI to define income levels according to HUIYs categorization: ^ Extremely low-30 percent and less of MFI {$18,870 and Iess}; ^ Very low-31 to 50 percent oFMFI ($18,871 to $31,450}; ^ Low and moderate-51 to 80 percent ($31,451. to $50,320); ^ Above low anal moderate-80 percent and above of MFI (more than $50,320); Figure II-11. Household Income Distribution, City of Meridian, 2070 304& of MFI (11.64b) so°,~ of MFI (11.8%) Above 80% MFI (58.8%) so°r° of i MFI (18.3%) Source: 2010 American Community Survey. Figure II-l 1 shows the percentage of Meridian households within each MFI category. The largest proportion of households in Meridian (S9%) were considered "above low and moderate income," earning more than $50,320. 1'hcsc households would likely not qualify for HUD-fielded programs. F.ieven percent of Meridian's households earn less than 30 percent o£the local MFI and would be considered by HUD's standards "very low income." BBC RESEARCH ~I CONSULTING SECTION II, PAGE 7 Meridian's 6 percent poverty rate is relatively low compared to the poverty rate in Idaho (16 percent) and the U.S. (15 percent). Moreover, Meridian's child poverty rate of 7 percent i much lower than the national child poverty rate of 21 percent.' 1"igure II-12 displays poverty rates by age group for Meridian residents. The city's college age students have the highest poverty rate at 1/ percent, which is not surprising given that many of these individuals are likely enrolled in college or are just beginning careers. Moreaver, this segment of the population has been heavily impacted by the recent cconornic downtown. Surprisinglyy,, only I percent of the city's seniors arc living in poverty. C7ivcn that this segment of the popttlatzon 011071 IrVCS On a fixed income, poverty rates among seniors are typically higher than 1 percent. f=figure II-12. Povewty Status by Age, City of Meridian, 2070 Source: 2010 American Community Survey. Homelessness ~Fe7~:ll I:t~iLtl%Ili ~~r.liN-11I ~~lr i•rq,,r1113~1it li„I~r~ti~t~s;;y la, ,.~,~ ,,, Intanls and Toddlers (Age 0 to 4) .iJ.O 10,996 8 '' School Aged Children (Age 5 to 17) 1,175 24.596 6.2~s5 College Aged Adults (Aqe 18 l0 24) 551 1 L596 13.~s'> Young Adults (Age 25 to 44) 1,71 S 35.8% 7.490 Baby Boomers (Age 45 to 64) 7U3 1 5.~J9G 4.S!:~ Seniors (Age 65 and older) 65 1.4% 1.1% Tota I 4, 789 100% The State of Idaho conducts an annual Point in Time (PIT) Count of homeless individuals. "The most recently published PIT, conducted on January 25, 2012, reports homeless tabulations for seven regions across the state. Region 7 includes only Ada County. To estimate the number of homeless, it is assumed that the number of homeless individuals in Meridian represents the same proportion of Ada Cowry residents that are Meridian residents. In other words, approximately 19 percent of Ada County residents live in Meridian, therefore approximately 19 percent of the Region 7 homeless population (Atli County) is assumed to be located in Meridian. According to this count, there were 159 people who were homeless in Meridian. An estimated 1.19 of these people were individuals in adult only households and 39 were persons in families with children.z Homelessness in Meridian public schools. '1 he McKinney-Vento Act is the ftrst and only federal legislative response to homelessness.3 The Act was originally passed in 7 987. It was amended in 1990 to expand programming to at-risk and homeless children, noel to "specify in greater detail the obligation of states and local educational agencies in assuring the access of homeless children and youth to public education."a It was amended again in 1994 to "provide local educational authorities with greater flexibility in the use of grant funds," among other important changes impacting homeless ' Poverty rate includes all children under the age of 18. Data source is the 2010 US. Census. s The munber of people within each homeless subpopulation is provided in the Strategic Plan (Section IV}, consistent with HUD requirements. 3 The National Coalition for the Homeless provides a #act sheer on the McI{inncy-Vento Acr. htrpalws,~;v,natior=.alhomeless.or~lpuhlicaiionslfactslMcKinnex,•p_d 4 The National Coalition for the Homeless provides a fact sheet on the McKinney-Vento Act: http:Jlwww.nationalhomeless.org/public:ationsffacts/McKinney_pdf BBC RESEARCH bt CONSULTING SECTION II, ('AGE 8 parents and children.' The Meridian Joint School District No. 2 (district) is just one benefactor of McKinney-Vcnto grant funding. The district uses grant funding for counseling hon-teless students and has recently increased efforts to connect homeless students with community resources. The McKinney-Vento Act defines homelessness as "individuals who lacl{ a fixed, regular and adequate nighttime residence." Children and youth sharing the housing of other persons due to loss of housing or economic hard ar living in temporary housing such as hotels, campgrounds, shelters, cars or other public spaces are all considered homeless by McKinney-Vcnto Act's definition of homelessness. Anecdotally, most of Meridian's homeless students and their families are homeless because they are sharil>g housing with other related and unrelated families. According to interviews with Meridian stakeholders, the nature of homelessness has changed in Meridian. In the last five years, homelessness has gone from primarily impacting the city's working class population to affecting a more economically diverse group of residents struggling wish unemployment and foreclosures. As such, the number of homeless children and youth in the Meridian School District has increased. lluring the 2005/206 school year, there were 172 homeless students enrolled in the district. Tlus increased to X64 students in 20].0/201 i . As of October 2011, 1 GO homeless students have been identified for the arreent schaol year, which :is substantially higher than the number identified in October of last year. It should be noted that the Meridian School District extends beyond the Ciry of Meridian boundaries. Not all children identified as being homeless are Meridian residents. During the 2010/2011 school year, 262 of the 464 (56 percent} homeless students were attending schools located in Meridian. Figure I I-] 3 displays the number of homeless students identified in the school district in the last six school years. 1t is assumed that approximately half of all homeless children in the School District reside in Meridian. Figure 11-7 3. Homeless Students Attending 2005 to 2006 Meridian Joint School District No. 2, 2005 to 207 7 2006 to 2007 t~z Source: ~L007 to 2008 Meridian Joint School District No. 2 ~ r 2008 to 2009 2009 to 2010 2010 to 2017 s T6id: BBC RESEARCH ~T CONSULTING D 50 100 150 200 250 300 350 400 450 500 Number of Homeless Children $ECT(ON II, PAGE 9 Racial and ethnic homelessness. To estimate the number of homeless by racial and ethnic group, the same methodology is used as is used for the homeless population overall: approximately 19 pcrccnt of Ada t;ounty residents live in Meridian, therefore approximately 19 percent of the Region 7 homeless population by race and ethnicity (Ada County) is assumed to be located in Meridian. Figure II-] 4 breaks down the city's homeless population by race and ethnicity. Figure 11-14. Homeless Population by Race and Ethnicity, City of Meridian, 2012 ?l:r,.r-lit:r I„-~I~sl'I ~tt~iil~ih'~: - 'air=7f{~{'-I.I luJil.i~[~f~l1=f~( iN'tir~l tA.ul.~.~arf'If~IJ~ An-~erican Indian r,rAlaska NativF S.ll l,tl ii.0 .rS:f, Asian 1.0 0.0 1.0 0.6% (ilat:k or African American 4.H 0.0 G.0 3.886 Nail~e Hawaiian or Other Pacific Islander 6.0 0.0 1.0 0.6% White 114.0 7.6 127_.0 76JBb Two or more races 0.0 0.0 0.0 0.0% hlisllanic/Latino 11.0 0.0 11.0 6.98G Note: Homeless residents were allowed to chose more than one racial or ethnic category. Data by race and ethnicity do not add to homeless count. Source: State of Idaho 2012 Point-in-Time Count. There is a higher proportion of American Indian/Alaska Native and Afrieaai American/Iilaclc homeless residents in Meridian compared to the city overall. For example, less than 1 percent of the city's residents identify themselves as American IndianlAlaska Native, compared to ~ percent of the city's homeless population. Characteristics of homeless. Figure II-15 displays subpopulation demographics anc[ disabling characteristics of the city's homeless population. Again, the same methodology is used to estimate from die PIT count the proportional characteristics of homeless in the City of Meridian (estimated to be 19 pcrccnt.) Figure II-15. Disabling Characteristics of Homeless Population, City of Meridian, 207 2 Source: Slate of Idaho 2012 Point-in-Time Count. i~SiiaPL"~t-It-cc-: 1L.1~1%:n.lfiil•li~ Veterans 26 Victims of Domestic Violence 19 Substance Abuse 33 Serious Mental Illness 22 Serious Physical Illnesss/Disability 1G Other/ Prefer Not to Disclose 11 The most common disabling characteristics are substance abuse and serious mental illness. 11or many of these residents, their homeless status will not end until they are connected with necessary mental health and rehabilitation services. BBC RESEARCH St CONSULTING SECTION II, PAGE 10 At-risk of homelessness. In addition to those who have experienced homelessness in the past or are captured in a point-in-time estimate of current homelessness, there are some residents in Meridian that are at risk of future homelessness because they cannot afford their current apartment or home, or are living in temporary situations. A lower boutzd estimate of the city's population of persons at risk of homelessness can be calculated using HUD's Comprehensive Housing Affordability Strategy (CHAS) data from 2000. "I'he CHAS data provide estimates of severe cost-burden and housing need for low income households with various characteristics" In general, households with the highest risk factors for homelessness tend to have tl,e lowest incomes and have trouble payzng their housing costs. 'T'hey are also snore likely to be renters and have limited social supports. Figure II-l 6 shows the estimated number ofpersons at risk of homelessness by household category for the City of Meridian. The estimates in Figure II-1C apply incidence rates from CHAS data to 2010 Census estimates. 'I~here are an estimated 1,030 households currently ac risk of homeIessness- Figure II-76. At-risk of Homelessness• i,btr4r=l~c~11~~~ ,,,~r;inr~rr;t I .iarr.;air~n Extremely Low Income and Severely Cost Renters Total At Risk Burdened Households, Elderly 52 Elderly 714 {ity of Meridian, Small families 290 Small families 471 Large families 54 Large families 119 source: Others 151 Others 2 i 6 86C Research and Consultiny, 2000 Owners .and 2010 Census, and SOCDS CHAS TOtel dt YiSk database. Elderly 172 for homelessness 7,030 Small families 181 Large families b5 Others 65 As the city's only food bank resource, the Meridian Food Bank works closely with the city's at-risk population. The food bank has experienced an increase in the total number of clients accessing the food bank, as well as first time food bank clients. According to the staff at the food bank, approximately 41,500 individuals accessed the foal bank between January and October 201 7 ,which was higher t}tan the total ntunber of persons visiting the food bank for all of 2010 (~ 1,098). Approximately 5,000 individuals were served at the food bank in October 2011, which was the largest number of clients the food bank served in a month since its iftception seven years ago. Of those clients served in October 2011, 13/ clients were visiting the food banlt for the first time. In fact, between January and October 2011, 1,02$ clients were using the food bank for the first time, indicating a growing need for food services in Meridian. BBC RESEARCH & CONSULTING SECTION II, PAGE 11 According to food bank staff, the demographic and household profile of food bank clients has changed in recent years. For example, it has become increasingly common for multiple heads of household to reside in the same home, indicating that more households are "douhlilig-up" to save on housing costs. Food bank administrators also noted an increase in households where spouses have left the area ro find work outside of Meridian, and the remaining family metnbers still reside in the area until the home is sold. Economic Characteristics Unemployment. In ehe midst of the recent economic recession, the Boise region. and the City of Meridian have not been immune to incl-eases in unemployment. The city and the region experienced substantial job loss between 2047 and 2049, which resulted in unemployment rates in Meridian growing from 2.5 percent to 7.9 percent hee~veen 2007 and Z(149. Meridian's unemployment rates have historically trended below the MSA, the state and the U.S., and it remains that way in October 201 ] . Figure 11-7 7. Unemployment Rate, Boise MSA, Idaho, U.S,.2000 to 2011 d A z a s 0 a E a c Note: Data are not seasonally adjusted annual averages. Sourte: 6ure~au of Libor Statistics. G This is anecdotal information. There is nu data to support changing demographics among food battle users. BBC RESEARCH SF CONSULTING SECTION II, PAGE 12 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 .(October) Jobs and wages. As demonstrated in Figure lI-1.8, Ada County's employment base is largely associated with service jobs (85%) that pay an average annual wages of $37,000 per year. Manufacturing jobs pay the highest wages in the county; however, they only comprise:) percent of the county's total employment. Qverall, the county's private sector employment opportunities pay an average of $40,000 per year, Figure II-7 8. Employment and Wages, Ada Cvunty, 7 Q2071 , Nate: Goods Producing 23,252 14.696 $58,344 Employment data only available by county. Source: Natural Resources and Mining 722 O.S9fi $37_,084 iiureau of Labor Statistics. Construction 8,118 5.196 $39,156 Manufacturing 14,417 9.096 $70,512 Servicing Producing 136,317 85.4% $37,024 Trade, Transportation, and Utilities 36,306 7.1_.8°~(, $36,03b Information 3,514 2.2% $46,072 Financial Activities 10,661 6.796 $51,668 Professional and Business Services 32,785 20.5% $43,b80 Fducation;,nd Flealth Servicrs 30,241 19.04E $39,936 Leisure and Hospitality 17,649 11.146 $14,6b4 Other Services 5,143 3.246 $24,024 Unclassified 18 0.0% $50,908 Total Private Employment 159,568 $40,092 BBC RESEARCH iu CONSULTING SECTION II, SAGE 13 Largest employers. Figure .II-l9 displays the largest employers in the Boise-Nampa MSA. Many of the region's largest employers have multiple locations, some of which are in Meridian (e.g., St. Luke's Regional Medical System, Wal-Mart). The Meridian Joint School District No. 2 is the fifth largest employer in the region with 4,OOU employees. The school district i very large, and does extend outside the city's boundaries. Most of the region's largest private sector employers included in Figttre II-17 are located in Boise. Meridian's employment base is primarily comprised of smaller firms involved in retail and sezvices. Figure II-19. Major Employers, Boise City-Nampa MSA, 207 7 :rri;; r .;;; IIil ~ L I~liilrll'1'/~~' . . I1'i11:fi~If-tsr~ Il~l~.l~r-iriti'i St<t[c of Idaho 8,4139 Guvenunenl 5l. Luke's Regional Medical System 7,677 Healthcare Services Micron Technology, Inc. 5,000 Serni Conductor Mfg. WalMart 4,235 RetaillGrocery Meridian Joint School District I!2 4,000 Education Boise State University 3,952 Education St. Alphonsus Regional Medical System 3,407 Healthcare Services Hewlett-Packard Company 4,000 Laser Printing Div Alhertson's/A Supervalu Carnpany 2,500 Grocery/Retail Ada and Canyon County 2,308 Government 6oise School District 2,200 Educatialy 1DACorp. (Idaho Power} 1,961 Utility J. R. Simplot 1,800 HQ/Food Production Nampa School District 1,700 Education City of Boise 1,600 Government DlrecN 1,400 Customer Service Citi 1,250 Inbound -Credit Card Sales/Service Darmody Enterprises (McDonald's) 1,250 Retail Food Veteran's Affairs/Medical Center 1,250 Healthcare Services Fred Meyer 1,200 Retail/Grocery WRS Global Services 1,100 Customer Service Call Center EDS 1,000 inbound - 3rd Party (military) leleperforrnance USA 950 Inhnund Customer Service Vallivue School District (1139 95D Education URS 900 Construction/Engineering Services (Gov't, Mininq St hewer Industries) Source: Ooise Valley Economic Partnership. BBC RESEARCH Si CONSULTING SECTION II, PAGE 14 Housing Market Analysis Development trends. Figure II-20 displays the number of residential building permits issued in Meridian. As is the casein many communities, residential permitting peaked in the middle portion of the last decade and drastically cleclinecl starting in 2007. Figure II-20. Residential Permits, 2001 City of Meridian, 2002 2007 to 2070 2003 sourer: 2004 COMPASS. 2OOS 2006 2007 7.008 2009 2010 Figure II-2I displays the percent of regional permits issued in Meridian between 200} and 20] 0. Meridian typically accounts for approximately 30 percent of the region's residential development. This was not the case, however, in 2006 and 2007, where more regional development occurred autsidc the city. Figure II-27. Percent of Regional Permits, City of Meridian, 2001 to 2010 Source: COMPASS. 200i 2007_ 2003 ?_004 2005 2006 7.007 Zoos 2009 2010 13.1 . i 1 3.9°k - - 24.3°~6 ~ 31.5% 30.0% 21.2°h 17.4°.6 zs.s~ - - - - ^~31.G% 32.7% ~4'n S4n 106 1S°/n 70% ~S~n ~0~6 ~S% 40% 106°/n Percent of Regional Total Figure II-22 examines the number of permits issued in Meric{ian by product type. According to permit data, single family units comprised much of the city's development in the last 10 years. Assuming permits resulted in built units, the largest proportion of multifamilyunits was cansp•uetcd in 2008 when 26 percent of all permits were issued for multifamily development. BBC RESEARCH SL CONSULTING SECTION II, PAGE 15 0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 Number of Residential Permits Figure II-22. Percent of Regional Permits by Product Type, City of Meridian, 2001 to 2010 Note: Percentages based on estimates with imputations. Source: U.S. Census Building Permit estimates. Housing, supply. There arc currently 26,674 housing units in the City of Meridian. The vacancy rate reported in the 2010 Census was 5.1 percent, indicating that 1,372 of the city's housing units were vacant at the tune of the Census. Most units were vacant hccause they were either for sale (612} or for rent (293). The city's housing market has experienced ren~at-kable growth in the last 20 years. The city had approximately 3,700 housing units in 1990 and 12,300 in 2000. The 600 percent increase in the size of the city's housing inventory since 1990 has resulted in the city's evolution from a small farm community to the 3"' largest community in Idaho. Tenure. Between 1990 and 2000, the. proportion of homeowners in the city grew from 7l percent to 84 percent. However, the percentage of homeowners decreased in the last 10 years and currently stands at 77 percent, which indicates that 23 percent of the city's households currently rent their Home. Figure i1-23. Housing Tenure, City of Meridian, 79.90, 2000 and 2010 Source: 7990, 2000 and 1.010 t1.5. Census. 1990 zovo 2070 BBC RESEARCN S> CONSULTING $EC1lON II, WAGE 16 2000 7.001 2002 2003 2004 2005 2006 2007 7.008 2009 2010 100% 80°!° 60% 40°ro 26R6 0% Renter OR6 20% 40% 60% 80°h 1 DO°i6 Homeowner The swing in the city's homeownership rate has been dramatic, and is likely the result of changes to the city's housing composition, overall population growth and tightening of the credit market. As the city's job base becomes more robust and begins attracting more regional employers, the city's workforce and residents have likely also diversified. Some of these new residents will rent. The city may have lost some homeowners during the economic downturn of the last fesv years. While there are renters in the city waiting to become homeowners, it has become increasingly more difficult to obtain financing. Ragle and Kuna are the only Ada County cotnlrrunities with liomeowncrship rates higher than Meridian. Both communities had homeownership rates of about 80 percent in the 2010 Census. Figure 11-24. Housing Tenure in 18.495 Boise MSA, 1990, 20.1°.5 2000 and 2010 23.194 26.54E Source: 34. Z°h, 1990, 2000 and 2010 U. S. Census. 37.6°h 38.9°~ Eagle Kuna Meridian Star Nampa. Garden City Boise 100% 80% 60% 4096 20% 045 Renter Type. Despite the extensive growth in the local housing market, the distribution by type of housing unit has changed very little in the last few years. This means that housing construction in the last 10 years reflected the city's existing housing stock in 200. The city has lost some of its existing mobile home stock, which has resulted. in a larger proportion of single family detached units, Figure II-25. - Distribution by Type betached of Housing Unit, City Ingle _ of Meridian, 2000 amity and 2070 Attached 2 to 4 Units Source: 2000 U.S.Census and 2008-2070 - American Community Survey. 5 to 50 Units 50 or more units Mobile Homes 85.295 88.296 2.696 zooa 2.996 6.096 4.796 1.496 0,8°.b 0.3% ^ aot o 1 795 i 4.595 1.8'b 095 20°r6 40% 6096 80% 100% BBC RESEARCH SZ CONSULTING SECTION II, PAGE 17 0% 209% 40°rb 60% 8035 10096 Homeowner Age. Uiven the city's rapid growth in the last 20 years, it's no surprise that nearly 90 percent of the ciry's housing units were constructed after 1990. However, there are homes in Meridian constructed in the 1970s, indicating that 6 percent of the city's homes are approaching 40 years of age. Figure II- 2C> displays the age distribution of the city's housing stock. Figure I1-26. Age Distribution of Housing Stock, City Built 2005 or later of Meridian, 2010 Built 2000 to 2004 Built 1990 to 1999 Source: Built 1980 to 1989 2090 American ComrnunitySurvey. Built 1970 to 1979 Built 1960 to 1969 Built 1950 to 1959 Built 1940 to 1949 Built 1939 or earlier )% Housing demand and cost. 'Phis section discusses the cost of housing for both rental and homeownership housing. It then discusses demand and gaps in provision of housing to determine the greatest housing needs in Meridian. Rental costs. The gross median rent in the City of Meridian in 20l 0 was $`)65, which was an increase of 53 percent from the 2000 median rent of $C29. The ciry's median gross rent is significantly higher than the median gross rent for Ada County overall ($751), as well as neighboring Boise X718.' Pigut-c II-27 displays the distribution of gross rental rates within the City of Meridian in 2000 and 2010. In the last 10 years, the city's rental rates have become increasingly more expensive. In 2000, residents would be challenged to find a unit requiring a rent of $1,000 or more; currently, half the city's re9ttal units have rents of $1,000 or more. ~ The Census Bureau defines gross rent as "the amottnr of the contract rent plus the estimated average monthly cost of utilities (electricitys pas, water and sewer) and fuels {oil, coal, kerosene, wood, etc.} if these are paid for by the renter (or paid fur the renter by someone else). BBC RESEARCH St CONSULTING SECTION II, PAGE 18 Figure II-27. Gross Rental Rate Less than $250 Distribution ,City of Meridian, 2000 and 2010 $250 to $499 Source: $SOOto $749 2000 and 2010 Census. $750 to $999 $1,OD0 to $1,249 $7,250 to $1,499 $1,500 or more Renter incomes have increased in the last 10 years to account for increased rental rates. The median household income of a renter household in 2000 was $27>148; it was $.38,494 in 2010. While the ciry's median renter household income did not grow as quickly rental rates in Meridian, t11e median household income of renters is enough to afford the city's median ,gross rental rate. Despite increases in renter's income, the city's median rental: rates now require a larger proportion of renters' household income. Median gross rent as a percentage of renter household income in 2000 was 26 percent; the 2010 ACS reparted that the percentage had increased to 33 percent, HUD's generally accepted definition of affordability is For "a household to pay no more than ,30 percent of its annual income on housing,"$ On average, Meridian's renter households slightly exceed HUD's affordability standard. Rental gaps. '1'o understand more specifically where the rental market in Meric{ian fails to meet residents' needs, we performed an exercise called a "gaps analysis." The gaps exercise compares the supply of rental housing at vatiotls price points to the number of households who can afford such housing. If there are more rental writs than households, the market is "over-supplying" rental housing at that price range. Conversely, if there arc too ferv units, the market is "under-supplyilg" housing. pigure II-28 displays the results of the rental market gaps analysis. s btto:/lwww.hud.gov/offices/cpd/affordableboasin~/ BBC RESEARCH ST CONSULTING SECTION II, PAGE 19 0°.U 10% 20% 30% 40°r6 50% lU0% Figure II-28. Mismatch in Rental Market by Household Income, City of Meridian, 2U10 ~i,f. f.{1i 111~11~ 1~~i i'~I~('i~l ~';. iit!!I~' _ I:~ 1 ~~ r I l ~ = I(71! I { _ a ft, e_ ~'I,c..:f irlf-'lit-llf' II/ Ir•~Ji..,..llf _ it/lrf ill l~~')1 _ _ I t~fils:l~ if~[?11t1.i.;iJif~j-~ ~,'t%Ji11.~'r C{_1 '),111;': ;frriahull,lll.lllf~l~?dl 72111ii1a::J~ /~9d~;~e[{~E;~' lFr;~~~ '~.ra~i~alr$1L`,DS7(I G87_ 1196 ~ JSi1 11') •1r;li (4S~) $10,000 to $14,999 442 8°h $ 375 197 346 (245) 815,Og0 to $19,999 33G 695 $ S00 74 196 (267.) $20,000to $24,999 270 546 $ 625 153 Z°r6 {117) $7.5,000 to $34,994 703 13°,5 $ 875 1,7G8 Z9°/h 1,065 $35,000 to $49,999 1,037 18°.U $ 1,250 2,804 46% 7,767 $50 400 Co $74,999 1,371 24"G $ 1,875 775 1396 (59G) $75,000 to $99,999 357 6°.6 $ 2,500 147 296 (210) 8100,000 to $149,999 288 5°A, 8 3,750 0 096 (288) $150,000 or more 123 2% $ 3,751 0 0% (123) Total 5,609 t00% 6,147 Source: RRC Research t3 C.onsulting. As shown in Figure iI-28, there are 682 renters earning less than $10,000 per year living in Meridian-but just 229 units to serve them. "Phis leaves a shortage of 453 units For the city's lowest income households. These renters have such low incomes that they can only afford to pay $250 per month in rent and utilities (Based on .30% of household income for housing costs). Altogether, the City's rental gap is 1,077 for renters earning less than $25,000 per year. Renters earning more than this can find an adeduate supply of units. In particular, renters earning between $25,000 and $50,000 have an abundance of units affordable to them. The City's highest income renters could pay more in rent than w13at the market has available to serve tlietli; however, these renters likely pay less than their maximum affordable rent to save for a down payment for a home purchase. Owner costs. The median value of an owner-occupied Dome in the City of Meridian is $1.90,400 accordilig to the 2010 Census. lay comparison the median home value in Boise is $18&,900. In 2000, the Census estimated Meridian's median home value to be at $119,800. Based nn these estimates, the median has increased by $70,600 (59 percent), or by an average of $7>O60 per yeal•. BBC RESEARCH & CONSULTING SECTION II, PAGE 20 Figure II-29 demonstrates how the city's owner-occupied housing marlcct has changed in the last 10 years. More than half the city's homes were valued bet~x~cen $100,000 and $150,000 in 2000. Many of those homes likely appreciated between 2000 and 2010, and are now valued higher than $].50,000. lldditionaf changes to the distribution. of the ciry's housing marl~et are likely attributed to new construction that occurred in the last 10 years. New construction likely favored homes valued at $200,000 or more. Figure II-29. Owner-Occupied Home less than $SO,000 Value Distribution, City of Meridian, 2000 and $SO,ooo to $99,999 2010 $100,000 to $149,999 Source: .$150,000 to $199,999 2000 and'LOlO Census. $200,000 to $299,999 $300,000 to $499,999 $500,000 to $999,999 $1,000,000 or snore The housing market downturn impacted Meridian profoundly bath in sales activity and sales prices. In the last Lour years, the average sales price has declined by 37 percent. And, 2010 produced the lowest number of annual sales of the last five years. Figure II-30. Frequency and Average Sales I~rice of MLS Sales, City of Meridian, 2006 to 2070 Source: COMPASS and Intermountain MLS , ~;t-1C~~~ iadl•{-~ 2UU~ 3,271 fl 269,515 2007 1,864 $ 167,924 2008 1,464 $ 234,70( 2009 1,614 $ 187,171 2010 1,426 $ 168,547 BBC RESEARCH SL CONSULTING SECTION II, PAGE 21 U% 1 U~36 lU% 3U°!o 4U°r5 SU°Po 6U% l UU% Figure II-31 maps the 2010 median sales price by Census tract. 'There was no portion of the city that did not experience a decline in home prices in the last five years. Average sales prices declined by 35 to 40 percent in every Census tract in the city but ol3e (103.31)., Figure II-31. Average MLS Sales Price by Census Tract, City of Meridian, 2010 Source: COMPASS and Intermountain MLS . - - - 79 - - - _ - __ - - _ ____ ---- ~~ ~.s~ ,~ , I j - '1 - j I ~ ! ~ -`i ' 1 --- i ?03.13 1 :05,631 417 Y,151i 3'.. ,~iL _ 103.21 4208,129 413Q599 -37.396 i 103.7.2 1170,319 4103,177 -39.496 103.31 4338,371 4233,A69 -30.990 103.32 4251,264 4140,4Ta -34.1% 1 103.33 4>51,640 4162,566 -31.496 - ® '.~.t , 103.3a 4212,a2t 5139,081 -37.5"s .. 103.35 $285,419 4172,668 -39.54 1 l 151 3 ~., Legend Lesslhan 4150,000 ~,_ - j i 5150,(}00 to SZ00,000 !cs' <_ J I - More thon 5200,tl00 -- ~ _,'~ _ Homeownership gaps. Figures II-32 and II-33 present the f ridings from the homeownership gaps analysis. figure 11-32 presents the analysis for renters transition'rng into homeownership. Nigurc II-33 presents the analysis for current homeowners. As demonstrated in Figure II-32, renters earning $35>000 or less make up 44 percent of all renters in the city. I-iowevcr, these 2,4,33 renter households only have about 13 percent of the city's owner occupied housing units to choose from if they are loo]cing to buy. "i'hc cumulative proportion of affordable traits to buy increases substantially for renters earning $35,000 to $50,000 per year: renters earning at least $50,000 arc able to afford 47 percent of homeownership units. In other words if a renter is not earning at least $35>000 it is difficult to own a home. BBC RESEARCH & CONSULTING SECTION II, FAG[ 22 Figure II-32. Market Options for Renters Wanting to Buy, City of Meridian, 2010 hail ti~~„~,irn - -`:fr;an;ar,tirvr.~<, r~i nraft~~ xf~Vt;=Iil•II~f ~1k~iis~y Jaii~i+>f,l~ll~ ,;rl lrr;-, lelii={¢~~t.- Ilir rl Li =:1;,~-.il(.7i lilrrn r.l lr r - „I~~ .r ~ Inl~lrr !;IdCrr~ (. ir~~,~ri. - - - - I:: c~ .u;~:' I r:71~i7~il•li~~ (c;, lli:m $1U,UC50 6ki7 lJ`:6 $ i~~,84D 3°0 ~Su -93-::~ $10,000 to $14,999 442 8% $ 59,757 0°i6 496 -7°n f $15,000to 914,999 336 64b $ 79,677 046 496 G`;: $20,000 to $24,999 270 S% $ 99,597 1°h 5°.6 -496 $25,ODOlo $34,999 703 1396 $ 134,437 896 1346 -4",i $35,000to $44,999 1,037 18% $ 199,198 3496 4795 1646 $50,000 to $74,999 1,371 2446 $ 298,799 3696 8396 12`Y~ $75,000ta$99,999 357 696 $ 398,400 11°i5 95% 5°r6 $100,000 to 5149,999 288 S°,G $ 597,602 596 9946 -1`':~ $150,000 or more 123 2% $ 597,603 195 10096 -1 °~ Total 5,609 100% 100% Source: BBC Research & Consulting. As seen in Figure II-3.3, the city's homeownership market is well-suited for households earning $35,000 or more per year. The gap for households earning $75,000 or more demonstrates that the city's highest income households will find Meridian's housing market relatively affordable. The city has a relatively shall proportion of low income homeowners. Some of these homeowners are likely seniors who purchased their homes a number of years ago and now live on a fixed income. Figure II-33. Mismatch in Homeownership Market by Household Income, City of Meridian; 2010 h~,c;;+irivur~ rx~i,=•rit=l~l~~~u-F ut•~,~;-~ let~~y.t~l~l.ltil _ I'.I r,rL=rr - ; i~.t ;. ~ ~:1ir„tf l.l,;~l: h~ fr~i rl~eHr c~,,,,,l;,rirr,=~1 _ {c.~nii~lt-t~i•~~ r;~nt.~; ~li~~~. I~~r. L~l~ I;:a,[il= r~Plrl, 7N~._' Ir:~~~ 1nl•InL~i'Idr.._ I r f i..7~ 1.lr17•.~rr r 111 ~ Jif,', r•(_: iGj,~7~. Less than $10,000 356 296 $ x9,840 607 340 3°,o Z51 $10,000 to $14,999 344 246. $ 59,757 91 096 446 (253) $1S,OOOto $19,499 505 396 $ 79,677 18 096 496 (487) $20,000 to $24,999 769 496 $ 99,597 165 1°h 546 (604) $25,000 to $34,999 1,487 896 $ 139,437 1,619 84b 1 396 132 $3S,000to $49,999 2,125 11% $ 199,198 6,698 3496 4796 4,573 $50,000 to $74,999 5,002 2646 $ 7.98,799 7,p45 3b46 8346 2,043 $75,000 to $99,999 3,939 2096 $ 398,400 2,227 1 i96 95°~ (1,712) $lOD,000to$149,999 3,086 1696 $ 597,602 888 54fi 9996 (2,198) $150,000ormore 1,911 10°h $ 597,603 166 1% 100°r6 (1,745) Total 19, 5 24 100% 19, 524 100% Source: BBC Research & Consulting. BBC RESEARCH ~ CONSULTING SECTION II, PAGE 23 Housing Condition and Needs Indicators Substandard living conditions and overcrowding. HUD classifies substandard units as those that {aclc complete kitchen or plumbing facilities, are dilapidated', do not have cleetrieity, or do not have a safe or adequate source of heat. Approximately 1 percent of the city's housing units lack kitchen and plumbing facilities; according to the Census, all of these units are unoccupied.10 Virtually all of the city's occupied housing units have an identified heating source..' I As such; it is likely that approximately 300 housing units in the city-are considered substandard because they lack sufficient kitchen and plumbing facilities. The ACS does not compile data on dilapidated homes or homes withc3ut electricity. Overcrowding in housing can threaten public health, strain public infrastrtreture and neighborhoods, and points to the need for affordable housing. I'he amount of living space required to meet health and safety standards is not consistently specified; measw~able standards for overcrowding vary by community. According to 1:-iUD, the most widely used measure assumes that a home hecomes overcrowded. when there is more than one household member per room.tZ'j Using HUD's definition of overcrowding, 1.6 percent of the city's occupied housing units are considered overcrowded. Renter households are slightly more overcrowded (2.5 percent) than owner households (1.4 percent).' The number of overcrowded units h.as decreased since 2000, when 2.9 percent of all housing units were considered overcrowded. Specifically, overcrowding was very prevalent in the city's rental units, as S.5 percent of all occupied rental units were considered overcrowded. Figure II-34. Summary of the Substandard Housing Conditions by Tenure by Income, 2010 ILt~;~inl-~l„=t~r_~t (t.~~it=.~, iat';~;t=1r, Flausehald income less than 3Ug5 Mfl 0 rj Household Income 30 to 50% MF1 17. 61_ household Income 50 to 80~1o FMI 103 78 household Income greater than 80Ro Iv1fl 135 319 Note: Includes overuowding (1.01 or more persons per room) and/or without complete kitchen or plumbing facilities. Numbers may not aggregate to total substandard units reported by ACS due to variation in sampling. Source: 2010 American Community Survey, CHAS and BBC Research St Consulting. Figure 11-34 breaks out substandard housing condition by tenure and income. The definition of substandard presented in Figure II-34 includes units that are overcrowded or lack complete .kitchen and plumbing facilities. 13y this def ninon, approximately 700 housing units in the city arc considered substandard. ' Does not provide safe and adequate shelter, endangers health, safety, ar well being of family; OR has a combination of intermediate defers insufficient mtmber or extent u, require considerrble repair or rebuilding. to Taken from statistics on kitchen and pluarbing facilities for occupied and total housing units from the ZO10 Anaericarr Communit}'Survey 1-year estimate. r t According to the 2006-2010 American Community Survey 5 year estimate, only ll of dte city's housing mots lacked an identified hr;ating.source. r2 Par information on HUD's definition of overcrowding, see: httpaJvnvw.huduser.or /rr,P,rublicationslpdfrlYltasurirrg Osrrcrowdin~~ in Hsi.udf 's The HUD American Housing Burney defines a room as an enclosed space ttsed for living purposes, such as a bedroom, living nr dining room, kitchen, recreation roam, or another finished room suitable for year-round use. P:xchrded are bathrooms, laurtdry rooms, utility roams, pantries, and unfinished areas. r~ 2908-2010 American Conunnnily Survey 3-year estimate. BBC RESEARCH & CONSULTING SECTION II, PAGE 24 If the housing units with condition problems are not addressed, the number of households without sufficient kitchen, plumbing, or heating facilities may increase to 8/7 by 2015. Severe cost and cost burden. Figure II-37a. shows cost burden and severe cost burden being experienced by households in Meridian by income level. The data are based on CHAS and updated ACS and COMPASS estimates. Applying COMPASS population growth estimates to the 2000 CHAS data inc{icates that there are 7>720 (2,8.32 renters and 4,888 owners) households in 2010 that are cost hurdcncd> 3,2,37 of which are severely cost burdened {50 percent or more of a household's income is spent on housing). Figure II-37a. Summary of the Severe Cost Burden Being Experienced by Renters and Owners by Household income less than 30ayo MFI Income Category, City of Meridian, 2070 Cost Burden > 30% 1,271 722 Source: Severe Cost Burden > 50°/n 1,096 604 BBC Research and Consulting, 7.010 American Community Survey and HUD CHAS database. Household Income 30 to 50°,6 MFI Cost Burden > 30% 876 1,367 Severe Cost Burden > 50% 376 686 Household Income 50 to 804'o FMI Cost Burden > 30% 564 1,630 Severe Cost Burden > 50% 106 316 Household Income greater than 80% MFI Cost Burden > 30°/u 120 1,168 Severe Cost Burden > 50% - 53 Figure II-376. displays the number of cost bur-dencd households in Meridian by 2015 using COMPASS population growth estimates. I3y 2015, 9,238 households will be cost burdened in Meridian. Figure II-37b. Cost Burden, City of Meridian, 2075 Nole: Assumes same household income distribution in 207 S as in 201 D. Source: COMPASS, CHAS and BBC Research & Consulting. I [iif~ihi{-itl ~VIi11~t'-r, ilit•~.~i~~r_Ik-'.', li i;r ,,!Et.=~Pti11!LJ~if,?~h'V-~. Household income less than 3046 MFI 2,385 Household Income 30 to 50%MFI 2,685 Household Income 50 to 80'Yo FMI 2,626 Household Income greater than 80%MFI 1,542 BBC RESEARCH SE CONSULTING SECTION Il, PAGE 25 Lead-based paint. Housing built before 1978 is considered to have some risk oflead-based paint, but housing built prior to 19/.0 is considered to have the highest rislz. AFter 1940, paint manufacturers voluntarily began to reduce the amount of lead they added to their paint. As a result, painted surfaces in homes built before 1940 are likely to have Higher levels oflead than liort~tes built between 1940 and 1978. Lead-based paint was banned fi~om residential use in 1978. It is difficult to determine the pz•ecise number of hvuseholds at risk oflead-based paint poisoning. However, people living in substandard units or older housing, and who are ]ow income, are more likely to be exposed to lead-based paint than higher income househvlds living in newer or rehabilitated older housing. Less than 1 percent (199 housing units) of Meridian's housing stock. was built before 1940, when lead-based paint was most common. An additional 2 percent (519 housing units) were built between 1940 anti 196D, when lead-based paint was still uses{, bttt the amount oflead in the paint was being reduced. Finally, 1,969 Meridian hvitsing units (7%) were built between 1960 and 1979, just as lead- based paint was being phased out and eventually was banned. 'Therefore, the majority of the housing stuck in the city (approximately 25,300 units) was built after lead-based paint was prevalent in residential housing. 1f (as HUD estimates) 9D percent of the pre-1940 units in Meridian are at risk of containing lead- baseclpaint, 80 percent of the units built between 1940 and 1960 arc at risk, and 62 percent of units built between 1)60 and 1979 are at risk then 1,815 Meridian housing units may contain Lead paint. The estimated number of households with lead-based paint hazard is displayed ui Figure II-28. Figure II-38. I,:ni~~l:::,~ r :~i„i.l~.tii i:na~nrls=c~ Estimated Households with 'na:I,i~,bNf31,~,r ~ „iGfa~tii~t> I;i:i~,~:iu~.t.~~~ I~~Uinl~t-)~~~a Lead-Based paint Risk, City of , ul,luiYd~a: turlll i iuJ,il~- t~lu,.,~, iu r I~lir. ~akill Meridian, 2010 1939 and Earlier 199 90!SU 179 Source: HUU-"Guidelines for the Evaluation and 1940 to 1960 519 8096 415 Control of Lead-Based Paint Hazards in Housing'' 1960 to 1979 1 469 6296 1,721 2°10 American Community Survey. , Total 2,687 1,815 BBC RESEARCH ~i CONSULTING SECTION ll, PAGE 26 The map in Figure II-39 displays the number of housing units that may be arrisk of lead-based paint hazards. .All of the housing units identified on the reap were built i1, the years before lead-based paint was banned from usage and are low to moderate income households (earning less than SO percent of MFI). As demonstrated in the map, the greatest risk oflead-based paint is found in the city's downtown area. Figure II-39. Estimated Number of Households with Lead-Based Paint Risk by Block Group Source: Claritas 2010, 6QC Research & Consulting. Foreclosures. According to RealtyTrac, there were 32/ new foreclosure filings in Ada Countyr in November 2011. This foreclosure rate indicates that one in every 485 homes in the county received a foreclosure filing in November 2011. This was a higher foreclosure rate than the State of Idaho (one in every 770 housing units), but lower than the U.S. overall (one in every 579 housing units). Meridian's housing stock represents 17 percent of the county's housing stoelc. Assuming foreclosures in Meridian occur in proportion with the city's contribution to the county's housing stocle (l7t%)> Meridian may have had 55 foreclosure filings just in November 201. J . BBC RESEARCH ST CONSULTING SECTION II, PAGE 27 Figure I1-40 maps the percentage of bank owned properties of total home sales in 2010 by block group. Since foreclosures are not identified in the MIS, bank owned properties are used as a proxy for foreclosures. Bank owned properties accounted for 30 to 50 percent of all borne sales in 20I0 in most of the ciry's block groups. The proportion of banked owned properties of total sales exceeded 50 percent in two of the city's block groups. Both block groups were located in central Meridian. Figure II-40. Percent Bank Owned Properties, of Total Sales by Block Group, 2010 Source: COMPASS and f3QC Research & Consulting. BBC RESEARCH ~T CONSULTING SECTION li, PAGE 28 SECTION IMI. I~ublic Input and I~articipation SECTION III. Public Input and Partieipation This section dzscusscs input from citizens, stakeholders and service providers regarding the development of the Five-year Consolidated Plan, Public input was gathered in the following ways: ^ A resident survey was distributed online and on paper between November 16'" and llecember 15'h of 2011-3,30 residents participants in the survey; ^ An online stakeholder survey was promoted by city staff and BBC in fall 2011.-15 housing and social service professionals responded; and ^ A focus group and in-clepth interviews with service providers and housing developers were capducted in fall and winter 201 1-11 individuals participated. The results and input received from these methods of public engagement were used in conjunction with quantitative analysis to develop the five-year goals, strategies and objectives of the Consolidated Plan. Resident Survey This section presents the results from the resident survey. Distribution strategy. A variety of organizations and mediums were used to publicize and distribute the resident survey. They are summarized in Figure 111-1. Additionally, the resident survey was publicized in utility bills mailed to Meridian residents. Figure Ill-1. Survey Distribution, City of Meridian, 2077 Ada County Roys and Girls Club [ioise City/Ado County Housing Authority Chief Joseph Elementary School City of Meridian City Clerk City of Meridian Planning Uepartmenl EI Ada Community Action Partnership Friends in Action Idaho Leagal Aid Services Idaho Office fur Refugees Intermountain Fair Housing Council Linder Eiementary School Meridian Community Center Meridian Elementary SchUOI Meridian Food Bank Meridian High School Meridian Library Meridian Middle School Meridian Senior Center Terry Reilly Health Services United Way of Treasure Valley City of Meridian webslte City of Meridian electronicnewsletter City of Meridian Facebook page City of Meridian Twitter page HOA email distribution lists Press release to focal newsuapers Public school entail list Source: BBC Research & Consulting and City of Meridian. BBC RESEARCH & CONSULTING SECTION III, PAGE 1 The resident survey was publicly promoted though the city's website and public schools, as well as distributed through nonprofit organizations. As such, the survey is not meant to be interpreted. as a statistically valid survey of all Meridian residents. Rather, the survey reflects the experiences and opinions of residents who were interested in responding to questions about their housing experiences. Demographic profile. T'he resident survey included several demographic and socioeconomic questions. Where possible, comparisons are made between survey respondent demographics and those for the city overall. Geography. Figure III-2 displays survey respondents' place of residence in Meridian. The largest proportion of survey respondents live in North Meridian, defined as the area of the city north of Fairview Avenue/Cherry Lane. '1 he retraining 44 percent of respondents were equally split between South Meridian (south of the Interstate 84) and Downtown/Central Meridian. Figure III-2. Residence of Survey Respondents, City of Meridian, 20i 7 Note: n-329. Source: Meridian Resident Survey, 2011 and SBC Research Fi Consulting. io' Northern - I Meridian ,,,,,,;,;,,, , . (5G°lo) - ~ li..l Rd ~ U.tl.l 4; I _ r ~r If i {~-~ , r 1 '' l_ ~ .S ~ + ! _ ~ Central ~I s, ~ ~ l -- - a f ~ ~ ~ Meridian I.._ + .- I , . , 1 , . 1 ~f ~ Southern ~ .. ` °~_I L~1 Meridian (2240) - - ~ . (~ . t •. ~ _ ~ ~ I - I u vla~y BBC RESEARCH & CONSULTING SECTION III, PAGE 2 Household profile. Figure III-3 compares the household size of survey respondents to the size of all households in Meridian. On average, survey respondents have larger households than residents in the city overall, The vast majority of survey respondents have a household size of four (31%). Figure III-3. Household Size of Survey Respondent Compared with Household Size for Meridian, 2017 1 person 2 person 31.236 17.396 1R.9% 15.89'o T. 14.4% 9,530 1Ql;(, o. iS6 f I I ~ r 3 person 4 person S.person More than 5 person Note: n=292; According to the 2010 ACS, the average household size in Meridian is 2.89. Source: Meridian Resident Survey, 2011 and 201 o U.S. Census. Household Size of Survey Respondent ^ Household SI7.P (Cen Sl11) Survey participants were asked to identify the language most commonly spoken in their home. Most respondents speak English (98%) at home.' Race and ethnicity. I~igurc III-/ presents the race/ethnicity of survey respondents. Ninety-two percent of survey respondents identified themselves as racially White. ~lpproximatcly 3 percent of survey respondents identified themselves as Hispanic. Compared to the proportion of Hispanics in the city (7%), a smaller proportion of Hispanics responded to the resident survey. Figure III-4. Other (1.696) Race/Ethnicity of Native Hawaiian or Survey Respondents, Other Pacific Islander (0.396) -Asian (2.396} Ci#y of Meridian, 207 1 Hispanic/Latino (2.69U) , Black or African American (1.0°k) Note: 1 n=305. .._ .. . _.~~. Source: Meridian Resident Survey, 2011. Cauca:ran/White (92J96) t n=299. BBC RESEARCH ~ CONSULTING SECTION III, PAGE 3 Income. Figure lII-S compares the household income distrihution of survey participants with the distribution of the city overall. The largest proportion of survey participants earn bet4veen $50,000 and $75,00(1 per year (280/cl), which is close to the proportion those households represent in the city (24%). Overall, the survey has strong participation from the city's highest earning households. It should be noted that many survey respondents chose not to disclose their household's income. Figure III-3. Household Income of Survey Respondents Compared with the .Overall Household Income for Meridian, 207 7 27:7.5 25.245 24.596 ~,_,,. r' ~ j 19.0°,5 14.796 1?..196 8:296 3.996 3.9°ti Household Income of Survey 26.4°6 Respondents 71.0% ~ 13.346 HbUSehOld Income (Census} Less than 310,000 to $25,000 to $50,000 to b75,000 to 3100,000 $10,000 $24,000 $49,999 $74,999 $99,999 or more Note; n-237. Source: Meridian Resident Survey, 2011. Age. Figure III-6 compares the age of survey respondents with the age of the city's householders. The survey had high participation from residents between 35 and 44 years of age. Sixteen percent of the city's householders are seniors, compared with 9 percent of survey respondents. Exhibit III-6. Age of Survey Respondent Compared with Age of Householder, City of Meridian, 2017 37.995 2(.S°.6 i 1.3.6p5 19.7°h 20.396 14.595 16.356 lo_o46I it s.5~,6 3 296 ~ i 1.796 _ ' ~ 04'0 i- '-r-- 'r ~ r Less than 25 25 to 34 35 to 44 45 to 54 55 to 64 65 years years old years old years old years otd years old and older Note: n-101. Source: Meridian Resident Survey, 2011 and 2010 U.S. Census. Age of Survey Respondent Age of Householder (Census} BBC RESEARCH St CONSULTING SECTION II1, (~AGE4 Disability. Ten percent oFsurvey respondents reported that a member of their household had a mental and/or physical disability, This is a higher rate of disability than that seen citywide (7%}.z Most households with a disabled household member live in housing that meets their accessibility needs, as shown in Figure 11I-7. C)nly one survey respondent provided information on their home's accessibility deficiencies. That individtlal was a senior in need of home modifications to make their home livable for their wheel chair, walker and oxygen machine (e.g., no bathroom on main floor, wider doorways). Exhibit III-7. Disability and blousing Accessibility of Survey Respondents, City of Meridian, 2071 Note: n=322 and n=33. Source: Meridian Resident Survey, 2°11. Yes (9490) Housing profile. Survey participants were asked a series of questions on their current housing situation. Tenure. Most survey respondents own their current home (86%).~ Subsequently, 14 percent of survey respondents currently rent their home. 1lccording to the U:S. C;ensus, the city has a larger proportion of renters (2.3%) than this survey captured. The survey contained two questions specific to renters. These questions were used to determine how difficult it is to find an affordable rental unit in Meridian and to i>etter understand the potential barriers renters face in becoming homeowners in Meridian. Renters avere asked to rate their experience finding an apartment in Meridian on a scale between "U" and "9," where "0" indicates that it was "extremely difficult" to find an apartment in Meridian and "9" indicates that it was "extremely easy" to find an apartment in Meridian. As demonstrated in higure III-8, survey respondents reported varying experiences when looking for apartments in the city. 1lbout one-fourth of renters found their experience looking For a rental unit moderately easy. z 2UlU 1-yearAmerican Community Survey. s n=329. BBC RESC'ARCI~ ~i CONSULTING f)ves yvur current borne meet fhe needs vl the disabled Ao you or any members of your current hovseboldl member of No (6%) your family have a disabilify? Yes (lO%) SECTfON III, RAGE 5 No (90%) Exhibit III-8. Extremely ° Experience in Locating easy ~ j e.9~ Rental Units in Meridian, 2011 s z.z°r° Note: n=45. Source: Meridian Resident Survey, 2011. Easy E e Dif$cult ? e` 2.2% 076 207'0 40% 6046 804u 10096 Extremely ~ di(firult One third of renters said it was difficult to find a rental wait in the city. Most of those renters said this because there were "very few available rental .units in zny price range."' Current renters were asked to measure their level of interest iu buying a home in Meridian. Thirty- eight percent of renter survey respondents said t~~ey were "extremely interested" in buying a home in Meridian. About 11 percent were not at all interested in buying. Figure III-9 summarizes these results. Figure III-9. Extremely 5 Renter Interest in Buying Interested a Home in Meridian, 2011 a Note: ~ n.4S. Interested 6 Source: Meridian Resident Survey, 7Q71. 5 4 Sonlewhat 3 Interested 2 1 Nor ar all interested 0 4 n=13. twelve routers {92%) provided this response. BBC RESEARCH ET CONSULTING 8.996 8.946 -,. V%a LU%0 4UYD bU%U 2fU %° IUU rb SECTION 111, PAGE 6 Figure I II-10 summarizes the reasons why renters have not yet purchased a home in Meridian. Nearly three in four renters (73%) said they have not purchased a home because they do not have money for a downpayment. Norty percent of renter survey respondents said they had not bought a home because of poor credit. Figure I11-10. Reasons Renters Have Not Purchased a Home in Meridian, 2017 Note: n=45. Percentages do not add to 100 percent because fire question allowed multiple reasons for not buying. So u rcc: Meridian Resident Survey, 20i 1. 0% 20°h 4096 60°,6 8096 10096 Type of home. Ninety-four percent of respondents reside in a single family hame.5 This is reflective of the city's housing stock, which largely consists of single family homes. Housing satisfaction. l~s demonstrated in Figure III-1 1, survey respondents are largely satisfied with their current living situation. More than three in four survey participants (77%) ranked thew level of satisfaction with theee current living situation between a "7" and "9", with "9" representing "extremely satisfied." Figure III-7 7. Extremely Housing Satisfaction, sorisfied ~ z2.a~ City of Meridian, 2011 a Zg,zry° Note: 7 ~ 25.296 n=329. - Satisfied 6 8.590 Source Meridian Resident Survey, 2011. 5 6.4°i6 a ~ n°,~ Disatisfred 3 2 1 Extremely 0 dissatisfied 5 n-,328. $BC RESEARCII bi CONSULTING I do not have enough money for a downpayment. I have poor credit. cannot afford maintenance costs associated with '. 20.044 homeownership. I cannot afford I 1 ~ 8~6 o a mortgage. I I Other ~ 8.996 t cannot find something ° 6.7k I want to buy. I plan to move to 6./66 another city. 1 1 1.59b v;~ t~~sa yv~'o aura rsuyro l uu ~o SECTION III, PAGE 7 Although most residents in Meridian are satisfied with their current living situation, some residents did cite dissatisfaction with their current circumstances. In total, survey respondents gave 70 reasons why they were dissatisfied ',with their current living situation. Six common themes rose out of residents' responses, which included the following: ^ Mortgage value greater than housing value {underwater on mortgage); ^ Kisc in HOA fees/property taxes; quality of home and lack of upkeep; ^ Quality of neighborhood; ^ Housing size; and ^ Lack of desired home amenities (e.g., too few bathrooms, yard too small). Housing condition. As displayed in Figure III-12, 26 percent of survey respondents said there were necessary repairs needed for their home. However, only 4 percent of respondents that reported needing home repairs said those repairs were significant enough to make their home unlivable. In other words, most home repairs were cosmetic in nature or were not tn-gent {e.g., replace roof, new paint). Figure 111-12. Housing Condition, City of Meridian, 2017 Note: n- 327 and n=BA. Source: Meridian Resident Survey, 2017. Are there any necessary repairs thnt you (homeowner) or your landlord {renter) have not made to your lrom ho (74' Foreclosure. Very few of the city's homeowner survey respondents are strongly concerned about losing their home to foreclosure. In fact, nearly 90 percent of horrteowners said their concerned varied between "not at all concerned and "somewhat concerned." Three percent of homeowner survey respondents reported being "extremely concet•rted" about their home going into foreclosure. Are ^ny o(Ihese necessory repairs so signi(icont that they make your home unlivohle? Yes (44'0) Na (9b4`o) Figure Ill-13. Concern of Foreclosure, City of Meridian, 2071 txtrernel y 9 ' 2 9~k concerned s 7.745 7 1.746 Concerned 6 ~ i 3.3% s ''• zz~w 4 7.545 Somewhat 3 9 246 concerned 2 I /.4°/u 1 ,75.146 Not at all 0 concerned 0% 20°i6 4046 6045 80% 1D0% BBC RESEARCH ST CONSULTING Note: n=272. Sourcci Meridian Resident Survey, 2071. SECTION III, RAGE 8 Housing and community development needs. Survey respondents were asked to rate the level of 7~ced for services within the following categories: ^ Community facilities; ^ Neighborhood services; ^ Infrastructttrc; ^ Businesses and jobs; and ^ Special needs; ^ Housing. ^ Community services; "I'he results of this exercise arc described in this section. Community facilities. As demonstrated in Figt7re TTY-14, park and recreational f<~cilities, comrnunity centers artd youth centers were most lilccly to be identified by residents as being a moderate to high need in Meridian. Figure III-14. Community Facility Needs, City of Meridian, 2011 Libraries n.z% 6,~9a 9.4¢t, ,.•g,,,' 13.z7s 16.196 ~ I: . Fire Stations and Equipment 1o.3w 6.6'M 2796 •iG e'. tu.e~6 Iz.39a _ ,•-.1• , 3.<% comrnunity Centers s 796 5.~4b~ ~ t ;7T;S;: 17.296 I•t296 ~:; . Health Care Facilities It.z96 6.69b ~.7s9a - f 14.396 n.996 3.7% .r ParkandRecreationaLFacilities B.A96 s,746:•:'$_{:~~ajl! ~ 13.294 16.9¢4 `j:;;.5'` 3.696 Child Care Centers It.)% 3.f19b to.746 r u.7% 1o.o96 ~ 0.796 3.74;. ~ 18.196 17.-096 Youth Centers s_79a ~.'I,~~(' ~~~•. I i;t;tc; 3.~i45 SeniorCerners 11S^e 9.)'78 Ivj:'• 11.296 13.646 ,. +' 0% 20% 7#0% 60% 0 t I 2 ~.~ 3 0 4 ~ 5 Lowest Need No[e: n=297 ro 304. Source Meridian Resident Survey, 207 t. 6 7 ~ f 8 ~ 9 Nighest Need BBC RESEARCH LI CONSULTING SECTION III, PAGE 9 Infrastructure. Sidewalk improvements were identiFied as the community's highest infrastructure need by survey respondents. Figure Ill-15. Infrastructure Needs, City of Meridian, 2011 ADA Improvements I rt,39b et.l!; tov.~ Sidewalklmprovements s.7Ri 7,180 s.6ti~ - ,--r-~.;, ttsv~ tz.e9o Street Lighting a ~ e.lr: > ati i'u,; is r i s9a i t k!5 Street/Alley lmprovemnn£ toa96 a.aw zr9n ., 7.140 u Waler(Sewer Improvement u.esc 8.94 rS.9Vb 9.490 Drainage Improvement ~ lt. 746 9.796 0% 209'n 4096 0 1 i Z [_j 3 ® 4 Cowest Need Note: n=285 to 288. Source: Meridian Resident Survey, 2071. 8.790 9.74a --T°---°-- -T- 6095 8096 t009b 5 6 7 [~ 8 ® 9 Highest Need Special needs. Sixteen percent of survey respondents identified services for neglected and abused children as the highest need among the city's special needs population. Figure III-76. Needs of Persons with Special Needs, City of Meridian, 2011 Family Self-SUfficiencyServices 9.zw. s.r^67.990 iil~r•~_ ,cj~•`; n.l:e 1o.39a ~ ip,ir'. 7. too _ Neglected/Abused Children - CenterandServices 4.094 a,33ar,<.,, ~r7;v•, irsv:, is.19a re c> HIVIAIDS Centers and Services 1a s96 9.498 13.3% (: 9.746 Homeless Shelters/Services t i 190 s.rn6 s;39t...~F; `> - t 3s96 9.940 _+•iGr, Substance Abuse Services I 10.796 Domestic Violence Services ~ io.t~6 Accessibility Improvements ~ u.t96 CentersJServiceslor Disabled ~ 77.990 095 0 Lowest Need No[e: n=278 to 287. Source: Meridian fesident Survey, 2011. c t.a~w e_9~6 8095 10096 ~ ~, ~ 8 ® g Highest Need BBC RESEARCH & CONSULTING SECTION III, PAGE 10 2056 4D9b 6096 1 [ 2 r j 3 ~ 4 ~ 5 6 Community services. Twenty percent of survey respondents identified public transportation services as Meridian's highest community service need. Figure 111-17. Community Services Needs, City of Meridian, 2077 Legal $eNICeS Mental Health Services Health Services Anti-Crime Program Public Transportation Service Child Care Service Youth Activities $enlOr ACItVItIeS 2.9 96 13.7W 6.594 tl.39b 10.890 10894 ' 11,Gno J.39'0 8,596 - 13.194 1G.6W xwe s-396 7-191 - N.29G 17.69b i•i%.:• 2 191, G.79b A-L9e 14196 16.09p '{!t'`'- i'• 3. S% B.o94 d~M_~ -'•. _. 11.994 Id.47b ~c Srr',:. 3.6 % 10994 S.D76 8.2N 11.546 11.-194 ;:i; d' 1.494 s.z~6 - 4.294 ~. Y;'7€ 14.190 17.790 ' ii•_:,~`+~ 3,fi?0 4.3° 4,G% 5.796 -.. .. 14.2T6 11.094 I ri ~::~ __1 5 S S 095 0 Losvesf Need Note: n=278 to 284. Sourcc: Meridian Resident Survey, 2011. 2095 4095 6095 7 ~ 2 ~ ~ ~ 4 ~ 5 8095 10095 6 7 [_f 8 ® 9 Hiyhest Need Neighborhood services. Residents identified the cleanup of abandoned buildings and lots as the most important neighborhood services need. in the community. Figure III-78. Neighborhood Services Needs, City of Meridian, 207 7 Cleanup of Abandoned Lots and Buildings Parking Facilities Code Enforcemen Graffiti Remova Trash and Debris Removal Tree Planting 10.6% hr95.IT14-~~., n-G9b Izrn„ r;,, _ 2.5 96 1 G.U!'0 6.590 6.?9i '.l-. . ~ ` - 9.996 9.696 ~~~ 11.696 8.540 G.L l6 ~ ~ _ - ~f~T.'~j;:J ~ 8.5'W 10.2'Y ~. i~°'~~.;~ ' Is,194 lo,a9a 2.II~w ~;.,-, 9.99b a.x~° - 11.4'%b 9.I".0 8.596 - lf..;:,;? 12.i% 11.090 •i-.. ~ I :{tr 19.690 G.4^6 7.19'. }-'r.'.'~ - i~-.~_r I1-0% 9.640 ~ i. r t 1 095 2D95 4D9'o 609'0 D 1 ~ 2 ~] 3 ~ A ~ S Lowest: Need Noce: n=281 [0 284. Source: Meridian Resident Survey, 2011. BBC RESEARCH ST CONSULTING 8095 10096 6 7 ~~ 8 ~ 9 lliyhest Need SECTION III, PAGE 11 Businesses and jobs. TlZirty percent of s>_nvcy respondents identified job creation and retention as the top economic development need in Meridian. Job creation and retention received the largest proportion of "top need" responses across all categories. Figure 111-19. Businesses and jobs Needs, City of iNeridian, 2011 Commercial/Industrial Rehabi!'datior Business Mentorinc Fa4ade Improvements Employment Training Job Creation/Retention Small business Loans Start-Up 6usinessAssistance i6ow 13s:n 09'0 209u 40% GO% 0 1 2 ~i 3 ® d ~ 5 Lowest Need Note: n=272 to 284. Source: Meridian Resident Survey, 2011. 6 7 ~ ~ 8 ~ 9 Highest Need BBC RESEARCH & CONSULTING SEGTION 111, PAGE 1?_ Housing. Most respondents consider housing activities a "modest" need of the community. Energy elTicient improvements received the largest proportion of "High need" responses (13%}, followed by honlcownership assistance (11%) and housing for foster youth (1 l %). Figure III-20. Housing Needs, City of Meridian, 20i 7 Housing for Foster Youth s.n~ s.tse n.aa~ to.9a; j d~;~;. Energy Efficient Improvements 3.3x6 ro.ev6 s.zv6 t3.S% is?a6 ~ : •~ Lead-Based Paint Testing/Abatement rs.7ae 7.Tt6 s. Falr Housing Services u.zae 1 sv6 11. Mousing for Large Families v.z^c tz.a^e Senior Housing tosa6 c.sa6 to.s'V Housing for Disabled to.e46 s.evb sea at Affordable Rental Housing 1z.746 a.oaa 7.3=0 rz.ras 4sva Homeownership Assistance n_aah am6e.F~ . . azo:4. I tzss6 tztva ;:--r; Rental Housing Rehabilitation t7 Lao c3% v.vte Owner-Occupied Housing Rehabilitation tt say s.mw aoae - ~ - AccessibilityJADAlmprovements ns^e. r..•tsb li,nro .; 095 2096 4096 6095 0 1 2 [ i,j 3 ® 4 ~ 5 Lowest Need Note: n=267 to 276. Source: Meridian Resident Survey, ZOl t. 11 say 9.69b ^ 1n.Yi6 6.7"a - 8096 100% 6 7 ~ 5 8 ® 9 Highest NeeA BBC RESEARCH & CONSULTING SECTION III, RAGE 13 Summary of housing and community development needs. Figure 111-21 summarizes the average response ranking for all activities across all seven housing and. community development categories. Job creation anti retention was the top necci icicntifrecL by residents, followed by youth activities and public transportation services. Figure lit-27. Summary of Housing and Community Development Needs, City of Meridian, 20i 7 ~' „ ~ Chlld Care Centers 4.1 ~ 7 Park and Recreational Facilitlcs SS E = V o u Health Care Fazliities Community Censer: .t.G 5.4 '~ Elie Statinns and Equlpmenl 4.9 Libraries 4.9 v Drainage Improvement _ I4-p ,~,, Water/Sewer lntprovemen[ 14.1 Y Street/Alley Improvement !4.4 •' Street Lighting .I SJ m Sidewalk Improvements ~_ j 5.3 ADA Improvements !d.1 CentersjSere'ices (or Us+a}rled - •L4 ~ Acressihility lnipmvements •}.p ~ Dnmeitic Violence Services q.R Z Substance Ahuse Services '. 4.7 ;? Homeless Shelters/Services '~. 4.J u HIV/AIp5Cerners andServires s,i ~ Nrgler.ted(Abused Children Center and Servires _ S.5 Family Sell-Suhicienry Services ~ 5,i7 Senior AcllvRics 4.6 « Youth Activities c a 7 V Child Care Services 4,i E ~ Public Transportation Services 5 c h Anti-Crime Pragmms - ~,5.2 U Health Services d,8 Mental Health Services 4,$ Legal Services 4.0 ~ 0 Tree Planting s Tresli and Debris Rcmwal _ ~ ~ a Graflitl Removal s ~ Cade Entnrcement_ ~ sn Parking FaclOties Z Cleanstp of Abandoned Lots and Rulldinys Start-Up 6uslness Assistance SrnaR $usinrts Loans y Job Crca[ionJRc[enPion 5 Employment Training _ m Fa4ade Improvements Business Mentoring _ Commerdal(Industdal Rehabilitation AccessibilitylA6A Improvemen~ Owner-OaupleJ Huusiiry Rehabllrtatlon Rental Housing Reha6illlatlon hlameownership Assistance ~ Alfordable Rental Housing Housbsy for Disabled - 5enira Houslny Lead Ra:ad S.1 S.1 5,2 6,5 S.C, 4-1 4.T 4.7 4.I 0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 Source: Meridian Resident Survey, 201 ~. BBC RESEARCH St CONSULTING SECTION III, PAGE 14 Stakeholder Survey and Focus Group Fifteen stakeholders participated in the online stakeholder survey, and an additional. l l stakeholders participated in a stakeholder focus group or key person interview.G Organizations participating in the public input process represent individuals from a number of protected classes including seniors, immigrants, low income residents, persons with disabilities, persons and families who arc homeless, persons with I-TIVlAII75, persons with substance abuse/addition, victims of domestic violence, youth refugees, and veterans. Stakeholder survey and focus group results arc summarizcc{ below. Comments on resident survey findings. Focus group participants were asked to comment on the f ndings from the resident survey. Stalccholdcrs felt that residents overestimated the need for youth services. rl'he Meridian School District recently implemented a "pay to participate" policy for extracurricular activities. This new policy may have influenced residents' sutwey responses. Stakeholders felt that residents underestimated the need for affordable health services, as local affordable health care providers have seen an increase in demand for services. Stakeholders also felt that residents underestimated the need for affordable housing opportunities in Meridian, particularly given Meridian's relatively high median rental rate. Resident's identified "energy efficient improvements" as Meridian's greatest housing need; stakeholders believe this is indicative of residents' need to lower their housing costs. Greatest needs. Stakeholders identified downtown redevelopment, affordable housing, homeless and at-risk of homeless services and transportation services as the city's greatest housing and coxtirnuniry needs. Downtown redevelopment. Stakeholders would like to see continued investment in Meridian's downtown area. Stakeholders would like to see the area improved for the LMT households that live close to downtown, and stakeholders would also like to see more job creation and retention in the downtown area. 'T'here are currently few businesses in the downtown area. One stakeholder participating in the focus group stated that "I live in Boise only two miles from downtown Meridian and T have no reason to Conte to downtown Meridian." Affordable housing. Stalcelaolders would like to see the city increase its inventory of affordable rental housing. Stakeholders recognize that federal and state funding is limited, but they encourage the city to be creative in finding ways to encourage affordable housing in Meridian. Services for persons at-risk of homelessness. Stakeholders said that the recent national economic downturn has impacted Meridian households. Stakeholders have seen an increase in demand for services, and that these services are often necessary for families to remain in their homes (e.g., food batik, medical services). G Stakeholders were allowed to participate in the online survey and participate in the focus group or Ivey persai interviews. As such, there may he some overlap. BBC RESEARCH & CONSULTING SECTION III, PAGE 1S SECTION IV. Five-year Strategic Plan SECTION IV. Five-year Strategic Plan This document serves as the Strategic PIan for the City of Meridian's 2012-2010 Five-year Consolidated PIan. This document is organized as follows: 1) The first section contains the required language for I IUD Consolidated flans. 2) The remainder of the c[ocumene contains the priority needs, strategies and objectives organized by: > General Strategies and Geographic Allocation; > Housing; > Public Housing; > Homelessness; > Non-I-Iomeless Special Needs Populations; > Community Development; and > Other strategies: Reducing Barriers to Housing, Addressing Leacl Based Paint Hazards, Antipoverty Strategy, Institutional Structure and Resources. Mission: This Strategic PIan is part of the five-year City of Meridian Consolidated Plan and Action P}an, covering program years 2012-201.6. The City receives the Community Development Bloch Grant (CDBG) directly fi-otn the U.S. Department of Housing and Urban Development (HUD). The City is required to complete a Consolidated Plan, Five-year Strategic Plan and Annual Action Plan prior to receiving the block grant funding. These c[ocuments describe the housing and community development needs in the city and outline how the city proposes to use the HUD block grant to fulfill the needs. The City of Meridian has elected to use afive-year Consolidated Planning period. The City's program year start date is October 1; the end date. is September 30. Consultation, Institutional Structure and Coordination 91.200{b) Identify agencies, groups, and organizations that participated ira :the pr~~cess. The City of Meridian conducted an extensive outreach effort to ensure full participation from the community in the development of the Ca~solidated Plan. The public input effort included a resident survey, social services stakeholdersurvey and a focus group with social service stakeholders that work directly with Meridian's lowest income households. Below each item (General, Homeless Strategy, Metropolitan Planning, HOPWA, Public Housing), the organizations and agencies that participated in the Consolidated Plan process are listed. BBC RES[ARCII SF CONSULTING SECTION IV. RAGE 1 General §97.100 (a){7 ). Consult with public• artdptzvate agencies thatprovide health services, social and f zir housing services (including those focusing ort services to children, elderly persons, persons with disabilitr'es, persons with KNIf1IDS and their fitmilies, homeless persons) during the preparation of the plan. A full list of organizations consulted doting the consolidated plan process is listed in Figure IV-I . Figure IV-7. Organizations Consulted During Five-Year Consolidated Plan Process Ada County Boys and Girls Club Boise City/Ado County Housing Authority Chiet JosepSi Elementary School City of Meridian City Clerk City n(Merid'lan Planning Deparfinenl EI Ada Community Action Partnersfiip Friends In Action Idaho Leagal Aid Services Idaho Office for Refugees Intermountain Fair Housing Council Linder Elementary Sehonl Meridian Community Center Meridian flementay School Meridian Food [3ank Meridian High School Meridian Library Meridian Middle School Meridian Senior Center Terry Reilly Health Services United Way of Treasure Valley Source: City of Meridian and 6BC Research & Consulting. City of Meridian website City of Meridian electronic newsletter City of Meridian Facebook page City of Meridian Twitter page HOA email distribution Ilsts Press release to local newspapers Public s+-hrol sm~il IisL Homeless strategy §97.700 (a)(2}. C.'onsult with public and private agencies that parovide assisted hvusirzg; health services, Arad social services to determine what resources are available to address the needs of any persons that are chronically homeless. I~artieipants: Boise City/Ado County Continuum of Carc Coordinating "1 cam, `l"erry Reilly Health Services, Meridian School Districe McKinney-Vento Homeless Coordinator Metropolitan planning §97.700 (a)(5}. Gonrult with adjacent arnits ofgenerallocalgovernment, r'ncluding localgovernmentagencies with metropolitan-wide planning responsibilities, particularly for prablerns and solutioru thatgo beyond a single jurisdiction, i.e. transportation, workforce developrraent, economic developrnent, etc. f'artieipants: Community Planning Association of Southwest Idaho (COMPASS), Idaho Department of Labor, Boise Valley Economic Partnership, Idaho Office for Refugees, Idaho Housing and Finance Association (IHFA), Mercy Housing, Meridian Development Corporation, City of Meridian Planning Department, Meridian School District, Northwest Real Estate Capital Corporation, Neighborhood Housing Services, City of Boise, City of Nampa and the Idaho Departtncnt of I-lcalth and WcIfare BBC RESEARCH SL CONSULTING SECTION IV, PAGE 2 HOPWA §97.7 00 (b). Largest city ira EMSA consult broadly to develop metropolitan-wide strategy for addressing needs of persons with HIV/AIDS and their fzrnilies. NIA; The Housing Opportunities for Persons with HIV/AIDS (HOPWA) is a HUD Formula Program which uses a stanttorily-mandated method to allocate fund to eligible cities on behalf of their metropolitaa~ areas and to eligible States to address the specific needs of persons living with HIV/AIDS and their families. The City of Meridian is not an eligible applicant. Public housing §97.100 (e). Consult zvith the local public Housing agency concer~zingpublic housing needs, planned prog~rarns, and activities. The Boise City Ada County Housing Authority was consulted throughout the Consolidated Plan development process. The following table summarizes the organizations the Ciry of Meridian consulted with during the dcvdopmcnt of the 2012-201C> Consolidated Plan. Figure IV-2. Consolidated flan Consultation Suuree: City of Mrridian and 6BC Research & Consulting. 24CFR Rerluirentent Yes No 91.1O0(a){1) f-lousing Services ® ^ Social Services ® ^ Fair Housing Services ® ^ Health Services ® ^ Homeless Services ~ ^ 97.i 00(a)(2)* Chronically Homeless ® ^ 91.100(x)(3)** Lead-based Paint ® ^ 91.100(x)(4)*** Adjacent Government ® ^ State (IVon-housing) ® ^ County (Metro. City) ® ^ 91.100(x)(5) Metro. Planning Agencies ® ^ ----------------------- 91.100(c) ------------------------------------ PFIA flan ------------- ® ----------- ^ Did the grantee indicate that r't consulted with other organizations that provide housing and supportive services to special needs populations (including elderly persons, persons with disabilitie ,persons with H11//AIDS, homeless persons? Yes. Did the grantee ronsult with Public Housing Agencies during Consolidated Plan development? Yes, the Boise City Ada County Housing Authority was consulted. Did the grantee consult with state/local health arzd child welfare agencies on lead based paint issues? Ycs, the State of Idaho Departcncnt of I-Iealth and Welfare was consulted. BBC RESEARCH ST CONSULTING $FCTION IV, PAGE 3 Citizen Participation 97.200 (b) Based on the jurisdiction's current citizen participation plan, provide a surramary of the citizen participation process acsed in the development of the Consolidated Plan. Include a description of actions taken to encourage participation of all its residents, including the follozur.'rag.• > Low and moderate income residents where housing and comrraunitydeveloprrlentfuods .may be spent,' > Minorities and non-English spealzing persons, as well as persons avith disabilr.'ties; > Local and regional institutions and other organizations (including businesses, developers, commacrcity arad faith-based organizations); > Residents of pachlic and assisted housing developments and recipients of tenant- based assistance>• arad > Residents of targeted revitalization areas. This section discusses input from citizens, stakeholders and service providers regarding the development of the Five-year Consolidated flan. Public input was gathered in the following ways: A resident survey was distribuxed online and on paper between November 16`'` and December 15`'' of 2011-330 residents participants in the survey; ~ An online stakeholder survey was pro;noted by city staff and iaBC in fall 201 ] -15 housing and social service professionals responded; and ~ A focus group and in-depth interviews with service providers and housing developers were conducted in fall and winter 2011-11 individuals participated. The resident survey was an important piece of the citizen participation process. As such, the city implemented an extensive survey distribution process to ensure all residents, including the city's lowest income residents, were aware of the resident survey. A variety of organizations and mediums were used to publicize and disG'ibute the resident survey. `I"hey are summarized in Figure llI-1. BBC RESEARCH SI CONSULTING SECTION IV, PAGE ~ Figure IV-3. Survey Distribution, City of Meridian, 2017 source: BBC Research & ConsuEting and City of Meridian. Ada County Boys and Girls Club Boise CitylAda County I-lousing Authority Chief ~aseph Elementary School City of Meridian City Clerk City of Meridian Planning Department EI Ada Community Action Partnership Friends in Action Idaho Legal Aid Services Idaho Office for Refugees Intermountain Fair Housing Council Linder Elementary School Meridian Community Center Meridian Elementary School Meridian food Bank Meridian hligh School Meridian Library Meridian Middle School Meridian Senior Center Terry Reilly Health Services United Way of Treasure Valley Ci[y of Meridian website City of Meridian electronicnewsletter Cify of Meridian facebook page City of Meridian Twitter page HOA email distribution lists Press release. to local newspapers Puhlic school email Hst Utility bills Section III of the Consolidated Plan provides more information on the citizen participation plan. It also provides detailed results of the resident survey and social service stakeholder outreach. Provide a description of the process used to allow citizens to review and submit comrraents nn the proposed cvnsvlidated plan, including how the plan (vr a sunarnary of the plan) was published for review; the dater, tirraes and lvcativrzs of a public hearing, or hearings; when and how notice wits provided to citizens of the hearing(s); the dates of the 30 day citizen comment period, an<1 if technical assistance was provided to groups developing jirvposals frir funding assistance under the cvrtsvlidated plan and how this assistance w<zs provided. The city conducted outreach prior to drafting the Consolidated Plan to determine needs in the community and the potential to align resources to meet those needs. The resident survey was administered between November 16`'' and December 15''' of 20I I. Tl~e survey asked residents to identify the level of need for a variety of CDl3G-eligible activities falling within the following categories: community facilities, infi-astructurc, special needs, corxtmunity services, neighborhood services, businesses and jobs and housing. A total of 330 residents participated in the survey. On March 7, 20I2, the draft of the Consolidated Plan Priorities was presented to the Meridian City Council for consideration and comment. The City Council Meeting was conducted at the Meridian City Hall at 7 p.m. The public was notified of this public comment opportunity through official public notices in the local newspapers and through notice on the City's CDI3G website and the City's monthly newsletter which is distributed electronically to the residents who subscribe to that service. f'he complete draft of the Consolidated Plan Priorities was provided on the City's CDI3C~ website. Citizens were invited to provide input via phone, standard mail, e-mail, or in person at the City Council meeting. B$C RESC-ARCFI ~T CONSULTING SECTION IV, PAGE 5 On March 15> 2012, the City hosted a CDBG workshop from 10 a.m. to 12 p.m, at Meridian City Hal] for all past, current, and potentially interested sub-recipients and/or community members or partners to discuss the draft Consolidated Plan Priorities and the process for the 2012 CDBG Program Year. Invitations were sent via e-mail to all available City of Meridian CDBG contacts. Participants of the workshop were encouraged to provide comments and feedbacJc on the draft Consolidated Plan Priorities. On May l 5> 20I2, the Meridian City Council conducted apre-draft public hearing for the Consolidated Plan (2012-2016) and the Annual Action Plan for Program Year 2012. 'This hearing took place at the Meridian Cit}> Hall at 7 p.m., and was advertised through official public notices in the local newspapers and through notice on the City's CDBG website. In addition, the City CDBG staff sent out an e-mail notice to all City CDBG contacts of the hearing and provided a web Iinlc to the pre-draft documents. Copies of the pre-draft documents were made available at the Meridian Library and Meridian City HaII. On June 19, 201.2, the Meridian City Council conducted a public hearing and officially opened the 30-day public comment period on the Consolidated Pian {2012-201 C). This hearing tools place at the Meridian Ciry HaII at 7 p.m., and was advertised through official public notices in the local newspapers and through notice on the City's CDBG website. In addition, the City CDBG staff sent out an e-mail notice to all City CDBG contacts of the hearing and provided a web link to the complete Consolidated Plan document. Copies of the complete Consolidated Plan document were made available at the Meridian Library and Meridian City Hall. On July 24, 2012, the Meridian City Council conducted the final public hearing and closed the minimum 30-day public comment period. 't'his public hearing took place at the Meridian City Hall at 7 p.m. Efforts made to broaden citizen participation. The city made a strong effort to encourage citizen participation in the development of the Consolidated Plan. The resident survey was publicized in utility bills mailed out ro all residents of Meridian. An email blast was sent to all parents in schools located within the city. City staff distributed flyers with a link to the online survey throughout the city including City Hall and the Meridian Food Bank. The city used its social media outlets to promote the survey (e.g., Facebook, Twitter, electronic newsletter}. Finally, the survey was heavily promoted to social service providers, and the city encouraged providers to distribute the survey to its clients. Provide a surramary of'cit/zen comrraents or views reeeivetl ort the plan ~cnd explain any comments not accepted and reasons why these comments were not acc~~ted. Please refer to Section 111 for a summary of comments received From stakeholders grad citizens during the development of the Plan, as well as an analysis of citizen survey. Written and verbal. coznmerats regarding the plan, including those received during the 30-day public comment period and at public hearings, are included in Appendix A. During the 30-day public comment period, all comments received in person, by mail, and email were considered in the development of the Consolidated Plan. BBC RESEARCH St CONSUL'I~ING SECTION IV, PAGE 6 Institutional Structure 97.215 {k) Provide a concise summary of the institutional structure through which the jurisdiction wr.'Cl carry out its consolidated plan, including private industry, non profzt organizations, comrreunity and fizith-based organizations, and public institutions. Administration. The city's Department of Community Development Planning Division is responsible for the developmenrand monitoring of the Consolidated Plan, the Annual Action Plans, the year-end CAPEK, the 1D1S reporting process, and monitoring. Staff will be responsible for citizen participation and fair housing outreach and itnpletxxentation activities. Staff will coordinate on an ongoing basis with the Mayor's Office, City Council, Ciry Clerk, Public Worlcs, Parks and Recreation, and Public Safety Departments to address the identified priority community needs. Public, non-profit service providers. Staff will implement the Annual Action Plan elements with the support of community partners. Projects and activities will be a collaborative effort with other city Departments, public entities, non-profits, social service providers, health care agencies and private sector entities. Private sector. Staff will implement the Annual Action Plan elements with the support of some private sector partners. Projects and activities will be a collaborative effort with other city Departments, public entities, non-profits, social service providers, health care agencies and private sector entities. Provide an assessment of the strengths and gaps in the delivery system. The city believes the current institutional structure to be a competent and capable mechanism to administer the CDBC~ funds. Should gaps in the service be identified, the city will work to remedy those shortcomings in an effort to insure smooth operations within both the administration and service delivery components of the program. It should be noted that when conducting the outreach activities to encourage citizen participation for the Consolidated flan developrncnt, new entities, organizations and service providers were identified wl~o expressed an interest in better serving Meridian residents. The city will Conti nue to engage these organizations to ensure all of Meridian's residents are served. Describe efforts to enhance coordination wit6iprivate industry, businesses, developers, andsocialservice agertc•ies, partirularly with regard to the development of the jurisdiction's economic development strategy. (>1.2r5(l}}. The city intends to enhance coordination with private industry, businesses and developers For the purpose of advancing the economic development strategy primarily through its relationship and involvement with the Meridian Development Corporation, the city's Urban Renewal Agency. In addition the City has its own Economic Development Administrator who focuses solely on the econot~ric development goals of the City. BBC RESEARCH bz CQNSULTING SECTION IV, PAGE 7 Coordination 91.215 (I) Describe the efforts to enhance coordination between public and assisted housing providers and goverrameratal health, mental health, and service agencies. Boise CitylAda County Housing Authority (BCACI-IA) resources are critical for helping house Meridian's lowest income residents. While there are no public housing units in Meridian, an estimated 185 Section 8 vouchers are currently used in Meridian. 'The BCACHA was contacted during the Consolidated Planning process to help the city beeter understand the BCACHA's resources and needs. The city will continue to stay engaged with the BCACHA. The city also engaged affordable housing developers during the Consolidated Plan process. The city is dedicated to .increasing its affordable housing inventory in Meridian to ensure residents of all income levels can find housing in Meridian. City staff will continue to stay engaged with the affordable housing community to ensure the city provides important tools and resources to these developers. The city recognizes the importance of staying abreast of programs and resources available from governmental health, mental health and service agencies. As such, the city will continue to explore ways to connect to these communities. Describe effoy°ts in addressing the needs of persons that arc chronically hnrneless with respect to the preparation of the homeless stycttegy. Please see the Homeless Strategy on page 27. Describe the means of cooperation and coordination among the state and any units ofgenc>ral local government in the metropolitan area in the implerraentatiora of the plan. The following units of state and general Iocal government contributed to the development of the plan through interview, focus groups and survey participation: The .Boise City Ada County Housing Authority; the State of Idaho Health and Welfare Department; planning and community development staff of the cities of Nampa and Boise; the Idaho Housing and Finance Association; and the Community Planning Association of Southwest Idaho (COMPASS). Describe the jaarisdiction's efforts to coofdinate its housing strategy with local and regional tr-arasportation planning strategies to erasure to the extent prarticable that residents of aaffordable housing heave access to public transportation. City staff are mindful of the importance of public; transportation in ensuring low income residents are connected to job opportunities in Meridian and the region. As such, the city is very active in a number of local and regional transportation planning strategies. City staffactively participate in the Meridian 'T'ransportation 1:aslc Force, the Ada County Highway District (ACRD) Capital lmprovcment Citizen Advisory committee, the COMPASS Regional Technical Advisory Committee and the Meridian. Traffic Safety Task Force. The city identified limited public transportation opportunities as a fair housing impediment in its 2012-2010 Analysis of lmpeditnents to Pair Housing Choice report (AI). The city is committed to exploring opportunities to expand and improve its existing public transportation network. BBC RESEARCH SZ CONSULTING SECTION IV, PAGE 8 Housing Needs 91.205 Describe the estimated housing needs projected for the next fzve year period far the fallowing categories n f persons.• extremely law-income, low-income, moderate-income, and middle-income families, rentezs and owners, elderly persons, persons with disabilities, including persons with HI U/AIDS arzd their families, single persons, large ~amilies, residents, victims of domestic violence, families on the public housing and .section 8 tenant-based waiting list, and discuss speci)ric housing problems, including: cost-bzzr~lerz> severe cost- burden, substandard housing, grad overcrowdisag (especially large families). Five-year project#ed housing needs. The estimatcd Irottsing needs are projcacd for the next five- yearperiod For the following categories of persons: ^ Extremely and very low income renters. The gaps analysis completed for the housing market analysis found a current need for 960 rental units for the nearly 1,500 renter households earning less than $20,000 per year. If the city maintains current population growth, very Iow income renters experience the same population. growth. as the city overall, and no new units are developed to assist this group, this need will increase to 1,152 in 2015. ^ Low income renters. According to duantitative research, there is a small gap (1 J 7 units) for the city's low income renter households. If the city maintains current population growth, low income renters experience the same population growth as the city overall, and no netiv units are developed to assist this group, this need will increase to 140 units in 2015. ^ Moderate. income renters. No affordability gap currently; no future gap estimated. ^ Middle income renters. No affordability gap currently; rxr future gap estimated. ^ Extremely low and low income owners. An estimated 2,089 homeowners were cost burdened in 20].0. I3y 2015, this could exceed 2,5(l(?; if the city maintains its ctu'rent population growth. ^ Moderate income owners. No affordability gap currently; no future gap estimated. ^ Middle income owners. No affordability gap currently; no future gap estimated. ^ Elderly persons. The housing needs table completed for the plan indicates that there is a gap of 43~ units to serve the city's frail elderly population. ~ If population growth trends continue through 2015, this number may increase to 521. ^ Persons with disabilities. For developmentally disabled, housing needs are. estimated to increase from 387 in 2010 to X64 in 2015. Housing the mentally ill is a growing concern for service providers and currently, an estimated 228 individuals that are severely mentally ill have housing needs. I3y 2015, this need is estimated to increase to 274. Physically disabled individuals with housing needs are estimatcd to increase from 387 in 2010 to X64 in 2015. Frail elderly includes seniors who cannot live independently or need assistance with activities of daily living due to mobility limiearions and/or a disability. BBC RESEARCH St CONSULTING SECTION IV, PAGE 9 Persons with HIV/AIDS and their families. Housing needs are expected to increase from 69 in 2010 to 75 in 2015. ^ Families. New data on the specific housing needs of resident by family type are not available for 2010. To the extent that these populations have housing needs in the next five years, they are capnu•ed in the needs projections by income categories above. ^ Victims of domestic violence. In 20l 0 there were an estimated 225 victims of domestic violence with housing needs. By 2015, this number may increase to 270, if the city maintains its current population growth. Public housing and Section 8 residents. There are no public housing units in Meridian. The Section 8 waiting list for the Boise City Ada County Housing Authority contained an estimated 5,300 individuals. The Housing Authority does not decipher between Boise City and Ada County vouchers, which means it is difficult to determine the number of Meridian residents on the waitlist. Meridian residents currently account for 40 percent of Ada County's active vouchers; assuming Meridian residents account far the same propa•tion of the Section 8 waitlist, as many as 480 households may currently be on the Section 8 waitlist. The Noise City Ada County Housing Authority recently closed its Section 8 waitlist, It is unknown whether the} will re-open the waitlist in the future. As such, no future gap is estimated. BBC RESEARCH ~i CONSULTING SECTION IV, PAGE i0 Figure IV-4. Table 2A -Priority Housing Needs/Investment Plan 2072-2076 ~~!Rlii~'i; i~ilei~}~iley;In Li >idi;~~j~ill!1r;.{_1i(a ll(3.,i, Renter Srnall Related Large Related Elderly Owner Smal! Related Elderly All Other Non-Homeless/ Elderly Special Needs Fraii Elderly Severe Mental Illness Physical Disability Developmental Disability Alcohol/Drug Abuse HIV/AIDS Victims of Domestic Violence iUdi,);i,,'; Iti~ri,r.t•Gr i.,:i i,l`lirll_'P; Ahr~~.l,r~: IIr:N„.ir 0-30% Low 290 75% 31-50% Low 374 85% 51-80% Low 129 35'% 0-30R/o Medium 54 100% 31-50% Medium 41 83% 51-80% Low 65 75% 0-30% Low 52 44% 31-50% Medium 116 1004% 51-80% Medium 92 46% 0-30°h Mcdiurn 151 88% 31-5040 Medium 178 1004'0 51-80% Low 118 35% 0-30% Medium 180 81% 31-50% Medium 194 75% 51-80% Low 772 63% 0-30% Medium 65 1000/, 31-50% Mcdiurn 95 69% 51-80% Medium 288 69% 0-300/, Medium 1'72 62% 31-50% Low 97 21.% 51-80% Medium 150 264'0 0-30% Low G5 754'0 31-50~/o Low 161 72% 51-80% Low 247 774'0 0-80% Medium 1,237 0-80% Medium 434 0-80% Low 7_7.9 0-800r~t Medium 387 0-804'o Medium 1,029 0-80% Medium 1,257 0-80% Low 6 0-80% l_ow 242 Note: Need was estimated based on population growth between 200D and 2010. The city grew 115°~b in the last 10 years. Source: Comprehensive Housing Affordability Strateyy (CHAS) data set, U.S. Census Bureav, American Community Survey. BBC RESEARCH S~ CONSULTING SEGTION IV, PAGE 11 Figure IV-5. Table 2A-Priority Housing Activities Acquisition of existing rental units Production of new rental units Rehalilitation of existing rental units Rental assistance Acquisition of existing owner units Production of new owner units Rehabilitation of existing owner units Homeownership assistance HOME Acquisition of existing rental units Production of new rental units Rehabilitation of existing rental units Rental assistance Acquisition of existing owner units Production of new owner units Rehabilitation of existir~y owner units Homeownership assistance HOPWA Rental assistance Short term rent/mortgage utility payments Facility based housing development Facility based housing operations Supportive services Other Source: City of Meridian Community Development. 7 1 2 1 2 1 N/A N/A N/A Cost burden and overcrowding. Please sec pages 23 and 24 of Section II of this report for a discussion of cost burden and overcrowding in the Meridian housing market. Standard and substandard conditions. Please sec pages 23 and 24 of Section lI of this report for a discussion of housing in substandard condition and the number of households occupying such housing. BBC RESEARCH & CONSUl~I~ING SECTION IV, PAGE 12 Disproportionate racial and ethnic housing problems. To the extent t~iat any racial or ethnic group has a disproportionately greater need far any income aztegory in cornparison to the needs of that category as a whole, the jurisdiction must complete an assessment of that specif c need. Tor this~urpose, disproportionatelygreater need exists when the percentage ofpersoras irz a category of~rteed who are mcmhers r f a particular racial or ethnic group is at least ten percentage points higher than the percentage of persons in the category as a whole. According to the Comprehensive HousingAffordabiliry Strategy (CHAS) data the following groups have a disproportionate need: ^ Hispanic households. ^ All other renter households earning Icss than .30 percent of MFI; ^ All other renter households earning between 51 and 80 percent of MFI; and ^ All other owner households earning between 31 and 50 percent of MPI Other raciallethnic groups may have disproportionate needs however; data currently available are instrfficicnt to identify and estimate needs for these groups.' klomeless Needs 97.207 S (c) In the Housing and Community Profile (Section II) a description of the nature and extent of .homelessness, individuals and families at risk. of homelessness, and homeless subpopulations begins on page 8. A description of homelessness by racial/ethnic group is also included. 'I'he figures below summaries the characteristics of persons who are homeless in Meridian. These estimates are based on the State of Idaho annual Point-in "I"ime (PIT} Count of homeless individuals. The most recently published PIT, conducted on January 25, 2012, reports l.~omeless tabulations for seven regions across the state. Region 7 includes only Ada County. To estimate hoznelessncss in Meridian it is assumed that the number of homeless individuals in Meridian represents the same proportion of Ada County residents that are Meridian residents. In other words, approximately 19 percent of Ada County residents live in Ivlericlian, therefore approximately 19 percent of the Region 7 homeless population (Ada Cowry) is assumed to be located in Meridian. It should be noted that the most recent State of Idaho PIT count and Continuum of Carc doctunents do not contain estimates ofUnuiet Needs/Gaps or persons with Ii1V/AIDS who are homeless. It should also be noted that Meridian does not have any homeless shelters, and all homeless Meridian residents that are sheltered by a homeless provider live outside the community. a The mast recent CHAS data tabu(aced by HUD is from 2000. Iu this year, theperceotage of non-J lispanic minority groups was so small that no CHAS data u~as pub]ished for these groups. "1"he 2010 Census will provide updated Cl3AS data, which will likely include non- BBC RC•S[ARCH ix CONSULTING SECTION IV, WAGE 13 Racial and ethnic homelessness. rigure IV-6a provides a description of the proportional racial and ethnic characteristics of the homeless population in Meridian. i=igure IV-6a. Homeless Population by Race and Ethnicity, City of Meridian, 207 2 '. ~i[ i~- :! IUl~L~il~if. ~% IPil ~.il ~k'7lil J f,}I American Indian or Alaska Native 5.0 i.n 6,0 3.8%, Asian 1.0 0.0 7.0 0.6% Biack or African American 4.8 0.0 6.0 3.8°.5 Native Hawaiian or Other Pacific Islander 6.0 0.0 1.0 0.6% White 114.0 7.6 122.0 76.7°,5 Two or more races 0.0 0.0 0.0 0.0% Hispanic/f.atino 11.0 0.0 11.0 G.9BG Note: Homeless resident. were allowed to dwse more than one racial or ethnic category. Data by race and ethnlrlty do not add to homeless count. Source State of Idaho 2012 Point-In-1 irne Count There is a higher proportion of American IndianlAlaska Native and African American/Black homeless residents in Meridian compared to the city overall. For example, less than I percent of the city's residents identify themselves as Ilmerican Indian/111aslca Native, compared to 4 percent of the city's homeless population. Charaetewistics of homelessness. Figure Il-Cb displays subpopulation demographics and disabling characteristics of the city's homeless population. Again, the same methodology is used to estimate from the PIT count the proportions[ characteristics of homeless in the City of Meridians (estimated to be ] 9 percent.) Figure IV-6b. iisabling Characteristics of Homeless Population, City of Meridian, 2072 source: State of Idaho 2012 Point-in-Time Count. 1=1~~i;,.I~;ai~l~ial L•C;~It{! isGh~ veterans 26 Victims of Domestic Violence 19 Substance Abuse 33 Serious Mental Illness 22 Serious Physical Illness/Disability 16 Other/ Prefer Not to Disclose 11 The most common disabling characteristics arc suk>stance abuse and serious mental illness. For many of these residents, their Jomeless status will not end until they are connected with necessary mental health and rehabilitation services. BBC RESEARCH ~F CONSULTING SECTION IV, PAGE 14 1Von-homeless Special Needs 97.205 (d) including HOPWA The figure below displays the estimated population ofnon-homeless special needs groups within Meridian needing sclviccs. 'I`hc needs of these populations will continue to be addressed. through the allocation of CDI3G public service dollars during the Five-year Consolidated Planning period. Figure IV-7. Table 18-Special Needs (Non-Homeless) Populations Source: [3D[ Research & Consulting. >- az Non-Homeless Special Needs Including ~ v ro HOPWA °' z ~~ ua 52. Flderl 1,737 0 S3. Frail Elderly 434 n a v 54. Persons w/ Severe Mental Illness 229 U v 55. bevelopmentally Disabled 387 ~~ z a, 56. Physically Disabled 1,029 0 57. Alcohol/Ocher Drug Addicted 1,257 0 ~ 58- Persons w/ HIV/AIDS & their Families 6 0 59. Public Housing Residents from local PHA Total 4,579 0 ~ 60. Elderly I,4f~7 0 v 61. Frail Elderly G66 0 v ~ b7_. Persons w/ Severe Mental Illness 779 D 63. Developmentally bisabled 986 0 v 64. Physically Disabled S4a n ~ 65. Alcohol/Other Drug Addicted 5,914 0 0 66. Persons w/ HIV/AIDS & their families 28 0 a 67. Public Housing Residents from local PNA v' Total 10,633 D Other than the Section 8 voucher program,. there are no public housing options or resources in .Meridian to address the housing needs of residents with special needs. Special needs residents can access regional housing options within the nearby communities of Boise and Nampa. Lead-based Paint 97.205 (e) Housing built before 1978 is considered to have some risk of lead-based paint, but housing built prior to 1940 is considered to have the highest risk. After 1940, paint tnantlfacturers volutltarily began to reduce the amount of lead they added to their paint. As a result, painted surfaces in homes built before 19/(I arc lilccly to have higher levels of lead than homes built between 1940 and 1978. Lcad- based paint was banned from residential use in 1978. It is difficult to determine the precise number of households at risk of lead-based paint poisoning. However, people living in substandard units or alder housing, and who are low income, are Snare likely to he exposed to lead-based paint than higher income households living in newer or rehabilitated older housing. Less than 1 percent (199 housing units) of Meridian's housing stack was built before 19!0, when lead-based paint was mast Gammon. An additional 2 percent (519 housing units} were built between 1940 and 1960, when lead-based paint was still used, but the amount of lead in the paint was being reduced. Finally, 1,969 Meridian housing units (7%) were built between 1960 and 1979, just as lead- bascdpaint was being pliascd out and eventually was banned. Therefore, the majority of the housing stock in the city (approximately 25,300 units) was built after lead-based paint was prevalent in residential housing. BBC RESEARCH & CONSULTING SECTION ]V, PAGE 15 If (as I-IUD estimates) 90 percent of the pre-11441 units in Meridian arc at risk of containing lead- based paint, 80 percent of the units built between 1.9/0 and I960 are at risk, and 62 percent of units built between 1960 and 1979 are at risk than 1,$15 Meridian housing urlits may contain lead paint. The estimated number of households with lead-based. paint hazard is displayed in Figure IV-S. Figure IV-8. Estimated Households with Lead-Based Paint Risk, City of Meridian, 2070 Source I IUCI "Guidelines for the Evaluation.and Control of Lead-Based Palnt Naza rds in Housing", ?010 American Community Survey. hlrli~~l~i=i. I.~iiifrrnit=t~f I:-~iifr,F'.it:;a ;t->.i,t~hni~lilr•3 ~~ja,:.irGitr~i Iz:i,:~.~;t~~.p{~ 1~4rli~l:r-i•a;- ~ I1ifl~t~~~;,~,: ~+~111~ Iot~iG: 1~1,1r1:~ I~mYii.,lt.1;7~1;~ 1939 and Earlier 199 909b 179 1940 to 1960 519 80Ro 415 1960 to 1979 1,969 6295 1,271 Total 2,687 1,815 '1`he map in Figure IV-9 displays the number of housing units that may be at risk of lead-based paint hazards. All of the housing traits identified on the map were built in the years before lead-based paint was hamled fi•om usage and arc low to moderate income households (earning Cess than SO percent of MPI). As demonstrated in the map, the greatest risk of lead-based paint is found in the city's do~>:mtown area. Figure IV-9. Estimated Number of Households with Lead-Based Paint Risk by Block Group Source: Claritas 20i 0, E3DC Research & Consulliny. BBC RESEARCH & CONSULTING SEC>'ION IV, RAGE 16 Z7eseribe the jurisdiction's plan to evaluate and reduce lead based paint hazards artd describe how lead based paint hazards will be integrated into housing policies and programs, and how the plrcn for the reduction of lead-based jiaint hazards is related to the extent oflead-joisoning and hazards. The state agency responsible for dealing with health hazards related to lead-based paint is the Idaho Department of Health and Welfare. Within this agency are the Division of Health, Bureau of Environmental I-Iealth and Services, the Division of Medicaid Programs and Resource Managernent, and the Regional Health Departments. Region IV District Health located in Boise provides medical clinic services. They publish and distribute a fact sheet about lead-based paint. It reeonunends that those living in a home built prior to 1978 (where the paint is in poor condition and/or where there has been remodeling) should consult a physician about having their children tested. A simple blood. test is the only way to know if a child has lead poisoning. The Meridian Community Development Department works with homeowners, landlords, developers, contractors, and builders in generating building permits. Staff will provide information on lead-based. paint hazards, precautions and symptoms for building permit applications on dwellings built prior to 1978. Questions and concerns related to lead-based paint testing assessments will be referred to the Idaho Indoor Air Quality Program. The City has posted information and resources regarding lead-based paint on the City's Community Development Block Grant webpage at www.meridiancitv.or~/cdbQ Housing Market Analysis 97.210 The significant characteristics of the housing market in terms of supply, demand, condition, and the cost of housing, the housing stock available to serve peg:sons with special needs and their families is described in the Community and Housing Profile (5cction II). The current conditions of the housing market were considered along with public anci stalceltolder comments on needs in crafting the strategic plan and annual ohjcctivcs. Public and Assisted Housing 97.270 (b) In cooperation with the public housing agency or agencies located. within its boundaries, describe the needs of public housing, including: ^ The number of public housing units in the jurisdiction; ^ The physical condition of such units; ^ The restoration and revitalization needs of public housing projects within the jurisdiction; ^ The number of families on public housing and tenant-based waiting lists; and ^ Results from the Section 504 needs assessment of public housing projects located within its boundaries {i.e. assessment of needs of tenants and applicants on waiting list for accessible units as required by 24 CFR 8.25). BBC RESEARCH Si CONSULTING SECTION IV, PAGE 17 ]nventory and waitlist. The BCACHA administers 1,794 Section 8 vouchers in Ada County. Most BCACHA vouchers are used within the Ciry of Boise (64%). The remaining 36 percent of vouchers are spread throughout the remaining portions ofAda County, including Meridian. 'i'hc BCACHA currently administers 185 vouchers to residents of Meridian. As of May 20I I, there were 5,331 households on the Section 8 waitlist. It is likely that as many as 550 households are acrrcntly waiting for a Section 8 voucher.3 The BCHACHA estimates that households on the waitlist will wait four to ftve years for a voucher. 'I"he BCACHA does not have any> public housing units in Meridian. Assisted units. There arc 50 assisted units in Meridian developed from federal subsidies. All units are contained in one huilding, the James Court Apartments, located in central Meridian. "f`he affordability requirement of this facility is set to expire in 2018. Figure IV-i0. Units with Subsidized Rent, City of Meridian, 20i i Source: 11,5. Department of Housing £i Urhan Development. f~hysical condition and revitalization needs. Meridian is not aware of any condition problems or revitalization needs for the James Count Apartment complex. There are no public housing units in Meridian. Public housing authority. As of May 2011, there were 5„331 households on the BCACHA Section 8 waitlist. It is hkcly that as many as 550 Meridian households are currently waiting far a Section 8 voucher.` '1'he BCHACHA estimates that households on the waitlist will wait four to five yeais for a voucher. The BCACHA closed its Section 8 waitlist on April 2), 201.1 citing "large demand for rental assistance in the community, a limited amount of funding and federal hudget cuts." Programs, activities, and strategic initiatives. The following strategies will guide public housing and associated programs in the upcoming five years. ^ Identify infrastructure and locations and gain site control within the BCACHA service area which will support housing developments for the elderly and disabled. ^ Build a collaborative and cooperative partnership with identif-ed city & county officials to provide complementary and overlapping services for low income, and the elderly and disabled. ^ Implement partnership opportunities for collaboration among community stakeholders to provide additional services to participants/prospective homeowners. "l'he BCACHA does not diCCerentiate between Ciry of Boise and Ada County applicants on the waitlist. Meridian residents account For 30 percent oFall voucherrecipicnts, and arc assumed to account for 1 D percent. of all waidisted households. 'I'hc BCACHA does not di(ierentiate between City of Boise and Ada County applicants on the waitlist. Meridian residents account for 10 percent of all voucher recipieiits, and are assumed to account for ]0 percent ofall waidisted households. BBC RESEARCH SL CONSULTING SECTION IV, PAGE 18 Homeless Inventory 97.201 (c) Existing homeless faeilities.'1'here are na homeless shelters in Meridian. Meridian residents that experience homelessness lilzely utilize homeless shelter Facilities in Boise. Figure IV-1 1 displays the name and number of beds in homeless facilities located in Boise. Figure IV-77. Homeless Housing Inventory Boise Rescue Mission/River of Lifet,r Emergency Shelter City Light Hame Emergency Sheller Boise Rescue Missionl3rd EioorTransitional Transitional Housing Serenity Womens Shelter Transitional Housing Dorothy Day Place Transitional Housing Chorpus Christi House Day Shelter Hays Shelter hiome Emergency Shelter Inter(aitli Sanctuary Emergency Sheller Salvation Army Safe Center Emergency Shelter 2A1 Men, Women and Children 105 Women and Children 34 Men Women 7 Women Individuals 20 Youth (9-17 years ofd) 13$ f-amilie<. and Individuals S?. Families and Individuals Total Beds S97 Note: {7) In April, 2010, 19 of the beds at River ottife were dedicated for Veterans. Source: City of Boise, BBC Research and Consulting. Cozlsisteztt with the U.S. Department of Housing and Urban Development Office of Special Needs Assistance Program Homeless Reporting Guidelines, the City of Meridian tracks housing inventory for persons experiencing hoznclessness primarily through the I iomcless Management Information System {HMIS). Permanent housing beds specifically c{esignated for chronically homeless are determined through an annual housing inventa~y. According. to the most recent Boise City/Ada County Continuum of Care 1-lousing Inventory t;hart completed in June 2011, all permanent housing supportive programs report having some designated chronically homeless beds. Out of the region's 205 year-round beds, 110 or 5~ percent are designated for chronically homeless. Idaho Housing and Finance Association is the State of Idaho's Homeless Managemelt Information System lead for the two Continuum of Cares (CoC) in Idaho. The CoCs include the Boise City/Ada Cotu~ty Continuum of Care and the balance of the State. HMIS tracks permanent housing beds thaC are readily available and targeted to house chronically homeless persons, including individuals and households with children. Data reported into HMIS is used to generate the annual housing inventory chart. Existing homeless services. The following programs arc designed to move homeless individuals and facnities from homelessness to independent living. Stewart B. McKinney Homeless Assistance Act -Supportive Housing Program. The Supportive Housing Program (SHP) is designed to provide housing and services that will allow homeless persons to Iive as independently as possible. Grants under the SHP are awarded through an annual national competition. The City of Boise is the lead agency for the Boise City Ada County Continuum of Care (which Meridian participates in) and prepares the application nn behalf of the region. SHP programs offer transitional and permanent housing programs to local homeless families, and chronically BBC RESEARCH & CONSULTING SECTION IV, PAGE 19 homeless individuals. The Boise City/Ada County Housing Authority has historically operated programs financed with Sl-iP funding. Shelter plus care program (S+C). L'he Shelter Plus Care Program provides tenant-based and/or chronic substance abuse issues). The program is designed to provide housing and supportive services to participants on a long-term basis. `l"he services for the program are funded by other Federal, State, or local resources, as well as private sources. Special Need Facilities and Services 91..210 {d) Describe, to the extent information. is available, the facilities and services that assist persons who are not homeless but require supportive housing, andprograms for ensuringpersons returning from mentaland physical health institcations receive appropriate supportive housing. `1'he city has received CllBG for five years. Throughout the first five years of the program, the City has provided funding to the Meridian Food Bank. The Food Bank has used CDBG funds to purchase food and deliver food directly to Meridian residents in need. The City also funded health sa•eenings through the Meridian Senior Center in coordination with alocal hospital. The Meridian Boys and Girls Club has used CDBG funding to transport low-income students Fi-om area schools to the Meridian Club for after-school programs; in addition, the Club has utilized CDBG firnding to provide scholarships For students to use the fee-based educational programs provided by the Club. The city will continue to foster partnerships with these organizations to continue these important activities. 'I"he city is part of the larger Boise-Nampa MSA, and residents of Meridian have the choice of accessing services outside the city. There are a ntvnber of organizations in the region providing important services for individuals at risk of homelessness, including the Salvation Army, Catholic Charities and the El-Ada Communication Action Partnership. Barriers to Affordable Housing: 91.210 {e) Describe the strategy to remove or ameliorate negative effects r fpublic policies that serve as barriers to affordable housirag, except that, if a State requires a unit ofgeneral local government to submit a regaalatory barrier assessment that is substantially egacivalent to the information required under this part, as .determined by HUD, the unit ofgeneral local government may sas6mit that assessment to I-IUD and it shall he considered to have complied with this requirernent. ThroughouC the first fve years of the City's CDBBG program, the City has partnered with BCACHA. and Neighborhood 1-lousing Services to provide down payment assistance to low-moderate income Meridian residents wishing to purchase a home in Meridian. This has been an important. and successful way for the city to increase access to housing for its low to moderate income residents. The city's Analysis of lmpediments to Fair Housing Choice (AI) was completed in conjunction with this Con Plan. The plan identified a lack of affordable housing as an impedianent to fur housing. The following pt•esents the language presented in the Al. BBC RESEARCH Si CONSULTING SECTION 1V, PAGE 20 IMPEDIMENT NO. 1. Lack of affordable housing. The city has a limited inventory of affordable units for its size. Affordable housing development has recently been limited to acquisition and rehabilitation of single family units in the downtown area. As such, low and moderate income residents may have a hard time finding an affordable unit, particularly ouxside the downtown area. Stakeholders participating in the public outreach efforts all suggested that a lack of affordable housing was a harrier to fair housing in Meridian. Why is this a barrier? Lack of affordable housing can Iead to income, racial and ethnic segregation and may disproportionately restrict housing choices for certain protected classes. This may occur because racial and ethnic minorities have lower incomes or because persons with disabilities require specific housing accommodations and need affordable housing due to limitations an employment. Action item 1.1. -Preserve existing affordable housing units in the city. The city has a limited affordable housing stock. The city should aggressively attempt to preserve existing affordable units in the city by working with current property owners to ensure that existing affordable housing contracts do not expire. Tiiis would include identifying affordable housing owners in the city and understanding their needs for retaining the affordability component of their property. Action item 1.2. - Convene an affordable housing task force to investigate ways to develop new affordable housing. The city should convene an affordable housing task force to identify ways to encourage affordable housing development in Meridian. T'he task force should include community development staff, developers, representatives of the finance and banking industry and representatives from the city's economic development organizations. The task force could also include existing affordable housing property owners. The primary task of the committee would be Co identify tools used by other neighboring and regional communities to encourage affordable housing development, and determine what may work in Meridian. Some of these tools, which were identified by local affordable hauling developers during the public input process, include the folla~ving: ^ Property tax abatements on affordahle projects (this task will require input from Ada County); ^ Relaxed design guidelines for affordable projects (rehabilitation and new construction); ^ Expedited review and permitting process for affordable housing projects to alleviate additional. carrying costs; and ^ Development fee waivers (e.g., building permits, infrastructure costs, utility hook ups). The Idaho Housing and Finance Association (IHI~A) is responsible for administering the Low Income Housing Tax {I.IH'I"C) program in Idaho. Local communities are required to contribute 5 percent of the cost of the project to he eligible far LII-ITCs projects in their comnnrnity. As such, Meridian should identify ways to generate. funds for this local match if a potential affordable project is proposed in their community. The city should investigate the fiscal tools other Idaho communities have implemented to generate this local contribution. BBC RESEARCH 5T CONSUL-PING SECTION IV, PAGE 21 General priority Needs Analysis and Strategies 97.27 S (a) Ire this narrative, describe the reasorzr, for setting priorities for allocating investment among di f~erent activities and needs, as identified in tables* prescribed by HUI7.92.215(a)(I) See Table lA, Table IB, Table 2A, and Table 2B above far identification of priorities and informatian on haw resources will be allocated among the priorities.. Basis for allocating investments geographically within the jurisdiction. Figure IV-l2 displays the city's LMI areas. Figure IV-72 Geographic Distribution of Low Income Households, City of Meridian, 2010 Note: Households earning less than $25,000 per year used as a proxy for low income. Source: 2010 Claritas. The City of Meridian hosts an annual CDBG Workshop in which past, current and potential future sub-recipients can learn mare about the city's CDBG program and how they might participate and/or submit fuflding applications. After the workshop, potential sub-recipients are encouraged to fill-aut an application form for their proposed project. All eligible proposals that are submitted are considered for funding within the contexC of the broad goals and objectives established in the Strategic flan. Funding recommendations under the 207 2 Action Plan were made in response to the application process that is largely driven by the capacity of social service providers that provide services in Meridian. Consideration was given to the overall readiness of the project, efficiency of the program, populations identified to be served and the degree to which the project or program addressed the priorities and objectives defined in the Strategic Plan. Projects are scored and ranked in five categories I) goals and outcomes, 2) need, 3) plan and implementation, /) capacity, and 5) leverage. Li sum, the city's basis for allocating investments has not and lilccly will not be geographically delineated within the cit5r's boundaries. Funding is determined upon meeting national objectives, qualifying eligible activities, and the competitive application process described above. $$C RESEARCIi c~z CONSULTING SECTION IV, PAGE 22 Neighborhood 12evitaiization Strategy Areas (NRSAj, Ifapplicable, identify the census tracts for NRSAs and/or any local targeted areas. At this time the Meridian does not have any HUD designated Neighborhood Revitalization Strategy Areas (NRSA). If appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to Neighborhood Revitalization Strategy Areas and/or any local targeted. areas. Not applicable for the City of Meridian. Obstacles to mee#ing underserved needs. The primary obstacle to meeting underserved needs is limited funding. State anti federal funding has declined in recent years, making it snore difficult to fiord the city's growing nccds. The other obstacle to meeting underserved needs is simply identifying those needs in the community. The city has grown and changed dramatically in the last 10 to 20 years that it has been Jiff cult to keep a pulse on the needs in the community. And, data is not always available to understand the magnitude of needs in the community. Specific Objectives/Affordable Housing (Priority Housing Needs) 97.275 (b) Priority needs. The priority needs are listed in the HUD needs tables beginning on page 10. "I'he priorities for the 2012-2010 Consolidated Plan were assigned based on the following: I) Results of the housing market analysis conducted as part of the C;onsolidatcd Plan. 2) input from stakeholders and residents who participated in the Consolidated Plan process. 3) Activities that the city has funded in the past that met the nccds of our residents. Strategies and Objectives Strategy No. 1 (Affordab[e Housing}; Improve access to affordable housing opportunities for Meridian residents. Objective ?.?: Address the need for affordable decent housing by supporting a down payment assistance program for qualifying Households. > HUD Specific Objective Categoi-I~: Availability/Affordability of Decent Housing (DH-2) > 5-year Consolidated Plan Outcome: 7 households If the jurisdiction intends to use HOML' funds for tenant-based rental assistance, speci~y local may°ket conditions that. led to the choice of that option. The city does not anticipate receiving HOME funds. BBC RESEARCH 5i CONSULTING SECTION IV, ('AGE 23 Public Housing Strategy 97.215 (c) The BCACHA partners with governmental entities, social service agencies, non-profit agencies, and the faith-based community to create a safety net that is alile to address more than just the housing needs of low and moderate income residents. "I'he BCACHA has initiated several strategies with these partnering entities to empower residents and program participants in achieving the goal of sclf- sufficiency. Stewart B. McKinney supportive housing programs. The Supportive Housing Programs (SHP) arc designed to provide housing and services that will allow homeless persons to live as inciependent[y as possible. Grants under the SHP are awarded through HUD's national competition for McKinney Vento I-Iomelcss funds held annually under the Boise City/Ada County Continuum of Care. SHP programs offer Transitional and Permanent housing programs to local homeless families, and chronically homeless individuals. Shelter plus care program (S+C). The Shelter Plus Care Program provides tenant-based rental assistance. The program is designed to provide housing and supportive services to participants on a long-term basis. The services for the program are funded by McKinney Vento Homeless funds, other Federal, State, or local resources, as well as private sources. Transitional housing for victims of domestic violence. The Transitional Housing program is a Department of Justice federally funded grant designed to provide temporary housing for families and victims of domestic violence, sexual assault, and/or stalking. The program also provides services to participants which may include case management, mental health counseling, transportation, and support groups. These services are provided under a contract by a local service provider. Public housing and Section 8 Housing Choice vouchers. 1'he Boise Ciry/Ada County Housing Authority (13CAC1=-IA) owns, manages and maintains 160 public housing units for low- income households. C)f those, 160 are for elderly/disabled and the remaining are family units. In addition, I3CACHA owns and manages an 80 unit HUD-multi-family Section 8 New Construction complexes also serves the elderly/disabled, and three affordable housing complexes (l01 units). BCACHA also operates the Section 8 Voucher Program serving approximately 1851ow-income households in Meridian. The program allows clients to choose any unit that meets the program requirements within Ada County. rCenants pay a portion of the rent, based on their income, and BCACHA provides a rental assistance payment directly to private landlords participating in the program. Addressing revitalization needs. BCACHA conducts a new needs assessment every year that includes a detailed survey of all public housing residents to pinpoint deficiencies and plan for corrections. T'he results are included in the BCACI-iA's rolling Five-Year Capitol Fund Plan. As part of the current five-year plan (from fiscal year 2010 through 201/), the scheduled improvements at Capitol and Franklin Pla:cas include new energy efficient windor~rs and door sliders, new energy efficient heating and ventilating units {half ways, and stau• casings), replace shower stalls, landscape improvement, reseal exterior brick, seal & strip parking lots, replace carpet, new patio doors in accessible units to meet ADA requirements, TPO roofing, upgrade fire alarm system and conduct energy audit. BBC RESEARCH ST CONSULTING SECTION IV, PAGC- 24 Troubled PHA. Not applicable. Priority Homeless Needs and Homeless Strategy As a member of the Continuum of Care, Meridian staff will be able to develop rcladonships and understand the support network of the area's homeless and many service providers. 'They will work closely with each of the following housing providers listed in the charts to assist in meeting the needs of the homeless and at risk of becoming homeless. In coordination with other members of the Continuum of Care, the City of Meridian will support the efforts of the Continuum in implementing the IO-year Plan to E.nd Chronic Homelessness, called In-rproving Access to Mainstream Resources for the Chronically Homeless, the following goals will be addressed: ^ New permanent housing beds for chronically homeless persons (to be achieved. with the development of Recovery Village); ^ Increase the percentage of homeless persons staying in permanent housing by increasing access to supportive services and removing harriers to staying in permanent housing; ^ Increase the percentage of homeless persons moving from transitional housing into permanent housing by increasing the permanent housing stock and increasing access to supportive services such as substance abuse, detc}xi6cation, and treatment; ^ Increase the percentage of homeless persons becoming employed; and ^ Ensure that the Continuum of Care has a functioning Homeless Management Information System. Chronic homelessness. Meridian is partnering with Boise City to support the objective to assure that safe, decent, and affordable transitional and permanent housing facilities are available for the homeless and those at risk of becoming homeless. The following goals reflect the Ten-Year Plan to End Chronic Homelessness. Together they will support the creation and operation of a sound human service delivery system-recognizing the importance of providing holistic versus episodic care and encourage personal responsibility. Homeless prevention. Developing a successful stratc}ry to break the cycle of homelessness and prevent future homelessness requires accurate, unduplicated, reliable darn on the numbers and needs of homeless individuals and families. Point-in-time data is crucial to determining immediate unmet needs for services, shelter, and housing options and is helpful in identifying in-depth system weakr--esses such as the need for shelter/housing options to meet the needs of treatment or service- resistant individuals or families who present special challenges. I-Iowevcr, for truly effective planning, annualized, unduplicated data, including the numbers and ncals of those turned away by providers, must be considered as well. This is particularly important in the development of prevention strategics. The Boise City/Ada County Continuum of Care conducts an annual point-in-tune count of the homeless population. This involves simultaneously counting of individuals/families both on the streets and in shelter facilities, BBC RESEARC{-I ix CONSULTWG SECTION IV, PAGE 25 In order to utilize population data to effectively address structural and individual factors creating and perpetuating homelessness, further classification and categorization i re+~uired. Amore deliberate, effective plan is possible if it focuses on distinct subpopulations as well as on categories of individuals that cut across these distinct subgroups. This is especially true since, in reality, there are separate programs and continuums of services and housing options for each subgroup. Providers have also developed separate programs for categories of individuals that cross subgroups. L~ addition ro the hamekss, others clients ate represented as well: victims of domestic abuse, persons witlr mental and/or physical illness, veterans, raciaUethnic minorities, persons with druglalcollo! abuse issues and those facing unemployment are served. F,mergency shelters and transitional housing is needed by these populations to provide st~~bilization while they work with social service agencies to access housing. The three major subgroups of the I3oise CitylAda County homeless population are: J.) substance abusers (alcohol and drugs); 2} persons with serious mental illness and/or dual diagnoses of mental illness complicated by substance abuse; and 3) families with children. The major categories of homeless people that are inchrdeci in these subgroups are veterans, persons with HIVlAIDS, and victims of domestic violence. While social service agencies work to get more people into long-term housing, people need a safe and secure shelter. Without access to an emergency shelter, persons facing homelessness are mare likely to become the victim of a crime, in danger of inclement weather, or susceptible to disease. These threats create a long lasting burden on the larger community, stressing safety and medical systems, which are not designed to serve such populations. The overall well being of the community is impacted when some of its members are "left out in the cold." Interfaith Sanctuary's 1/xecutive Committee, consisting of representation .from El Ada Community Action Partnership, Supportive Housing/innovative Parmership, Corpus Christi House, The Interfaith Alliance, Catholic Charities of Idaho, and the Komar Catholic Diocese of Raise, has met on a continuous basis to plan and implement a viable. shelter system for Boise. Currently, the Board of Directors is meeting to develop funding streams,. locate and obtain a site for permanent operations, and create anon-profit plan for operations. A wide range of agencies and groups have become included in-the process. Other steel tern such as the Rescue Mission, Booth Memorial Home, and Corpus Christi House, have developed working relations with Interfaith Sanctuary. Area medical facilities and police coordinate services, relying on the Sanctuary to receive people who arc homeless that have come into contact with their facilities. Social service and governmental agencies such as SHIP, El-Ada, and the Veterans Administration provide services in conjunction with Interfaith Sanctuary. Faith organizations, representing much of the larger community, have contributed money, resources, and volunteers to support the L2terfaith Sanctuary project. Discharge coordination policy. Meridian does not receive any of these funds directly. BCACHA does administer Section 8 vouchers to City residents. The following service providers implement a cohesive policy which the City endorses. BBC RESEARCH SL CONSULTING SECTION IV, RAGE 26 Foster care. Idaho has a comprehensive State Plan for youth transitioning From foster care to self= suffciency ttncler the Idaho Clrafee Foster Care Independence Program. The services are a compilation of intervention strategies for eligible youth that involve eammunity partners, family members, foster parents and case managers. The plan involves youth in foster care ages 15-18 with. continuing services until age 21. Goals of the program are to prevent homelessness, incarceration, pregnancy, high risk behaviors and increase education and employment. In Idaho, children that are returning to their families from the foster care program have a discharge plan created through the court system that is unique to each family. The State's discharge plan for youth aging out of the faster care pragranl includes these standards: ^ The Ansell-Casey life Skills Assessment is administered to assess the youth's needs. The assessment includes participation from family members, foster parents, child welfare professionals and anyone who has luiowlec{ge of the youth's ability to live independently. ^ Each youth age 15 and older must have a written case plan For permanence. Case plans are currently designed to address the youth's physical and emotional health, cultural relevance; self- sufficicncyand life skills, community connections, birth family relationships, safety, legal. involvement, education, employment, and housing. ^ The State of Idaho's independent living program will provide funds for housing purposes that include rent payments, security deposits, and assistance with utilities, foodstuffs, goodslsupplies and housing related expenses. ^ The State of Idaho has partnered with the Casey Family Programs who will provide two full-time positions to assist the state in providing older youth wha have left the foster care program. Health care. There are formal administrative rules that govern discharge planning for hospitals. At St. I,trke's, in Boise, patients arc served under their patient care policy and develap a discharge plan while admitted to the hospital. Patients have the right to choose to follow or refuse the discharge plan. Socirtl workers are notified of any patient wha identifies himself/herself as homeless. The patient then meets with a social worker to discuss housing options and community resources. These arc the steps that the hospital follows: ^ Izadividual patient care plans are developed that address the needs of the patient irtduding .housing, medical care, family and individual goals, and meeting the socio-psychological needs of the patient. ^ Patients are assigned to a social worker and meet with them while the patient is at the hospital to formalize a care plan. ^ The hospital makes every effort to secure safe permanent or emergency housing-for the patient upon discharge; however, it is the choice of the patient to follow those plans. ^ Should a patient need immediate follow up care, the hospitals have the ability to house a patient on their premises until care and tests arc completed. BBC RESEARCfI Si CONSULTING SECTION IV, PAGE 27 Menta{health. The State of Idaho has formal administrative rules related to discharge Pram state mental health facilities. There is a formal liaison bettiveen State Hospitals and Idaho Department of Health and Welfare, Region IV, the region to which the Boise City/Ada County Continuum of Care belongs. All Region IV participants have an appointment set for psychiatry before they are released, and if needed, have living arrangements made through a local extended-stay inn. These are the measures taken to create a discharge plan: While a patient is admitted to the hospital they meet with a social worker to discuss plans upon discharge. ^ Patients are connected to outside resources that allow them to access mainstream services and housing opportunities. ^ The hospitals make every effort to discharge patietlts to be in the most supportive environment possible. Corrections. Idaho Department of Corrections has a strict policy for how individuals are paroled. It is the policy of the state to not discharge parolees without an appropriate residence. A parolee must have a viable address to be released. To ensure the best possible situation for individuals exiting corrections, the state works closely with Supportive Housing and Innovative Partnerships to assist the prisoners who suffer from substance abuse and need a more intensive transition into the community. The current discharge policy from Corrections includes these measures: ^ Case workers assist the prisoner in setting up a plan for release which includes housing, how to access work or supportive services, treatment for drug and alcohol problems, mental health, sex offender or other, and different types of educational resources. For those exiting to parole the state i able to provide some f nancial assistance through. the Transitional Fttnding Program to allow a parolee time to implement their parole plan. ^ The plan is thoroughlyinvestigated to ensure housing is suitable and safe. ^ At the Local level, the jail makes available needed referrals to community resources and how to access the resources upon release. ^ Inmates are offered a variety of programs to prepare them to reenter the community. The current local jail programs are: Substance Abuse Treatment Program (SA'I'1'), Active Behavioral Change {ABC), General l;ducation Development (GED), and inmates have the option to participate in the Transitional Aftercare Program (TAP). The jai] will he adding the Matrix Model, a parenting class, and f nancial management class to the opportunities available to inmates. BBC RESEARCt'I Si CONSULTING SECTION IV, PAGE 28 Specific Objectives/Homeless (91.275) Priority Non-Homeless Needs 91.215 (e) Strategy No. Z (Suitable Living Environment): Support services, .programs and projects for the city's LMI residents, including persons with special needs and residents at-risk of homelessness. ^ Objective 2.1: Support public service activities that seine the city's LMI residents. HUD Specific Objective Category: S year Gbrasolidated Plan outcome: Availability/Accessibility of Suitable Living Environment (SI,-l) 10,000 residents ^ Objective 2.2: Invest in public facility improvements that serve persons with special needs and low income residents, as well as public facility improvements located in the city's LMI areas. .l-IUD ,Specific Objective C,'ategory: Sustainability of Suitable hiving F,nvironmcnt (SL-3) 5 year Consolidated Plan Outcome: I00 residents Special Needs Objectives 91.215 (e) See the priority non-homeless needs, priorities and objectives above for priority needs regarding the non-homeless specia[ needs. Priority Community Development Needs 91.275 (f) Strategy No. 3 (Economic Opportunities): Improve economic opportunities in the city's LMI areas. ^ Objective 3.1: Support public service activities that provide etnploymcnt training or job creationlretention for the city's I,MI residents. HLID Specific Objective Category: Availabilitylllccessibility ofEconomic Opportunity (L,O-7 ) 5 year Consolidated Plan Outcome: 2 businesses ^ Objective 3.2: Invest in public facility improvements or activities in the downtown area that address one or more of the conditions which contributed to the deterioration of the area. HLID Specific Objective G'ategory: Availability/Accessibility of L,conomic Opportunity (EO-1) 5 year Consolidated Plan Outcome: 1 business or public facility. Neighborhood Revitalization Strategy Areas 91.215 (g) If the jurisdiction bas one or mo~•e approved Neighborhood Revitalr.'zation Strategy ~Ireas, the jurisdiction must provide, with the subrnissiora of a new G'orasolidated I'lan> either: the prior HUI?-approved strategy, or strategies, auith a statement that there has been no change in the strategy (in which case, HUD approval for the existing strategy r.'s not needed a second tr.'me) or submit a new or amended neighbnrhaod revitalization strategy, or strategies, for which separate HUD approval would be required). N/A BBC RESEARCH ~ CONSULTING SECTfON IV, PAGE 29 Antipoverty 5tra#egy 91.215 (j) Ira 2006, Boise City compiles[ an antipoverty strategy which included the MSA as a component of its consolidated plan. This MSA area includes residents oFAda County, and the Cities of Garden City, Meridian, Kuna, Star and Eagle. In discussions with Boise Ciry staff and the other communities included in the MSA, it vas decided to utilize the current antipoverty strategy developed by Boise. Only a few adjustments have been made to reflect Meridian specific information. This strategy is included herein to meet HUD's Consolidated Plan guidelines. The Census 2010 American Community Survey reported 4,789 individuals (6.4%} living in poverty in Meridian. The primary use of Community Development Bloch Grant funds (70%) will go to help people rise out of poverty, rather than merely easing their situation temporarily. Although essential short-term direct aid such as emergency food and shelter maybe provided, the thrust of the antipoverty strategy is to address poverty's root causes and assist people in becoming self-sufficient in the long-term. 'l'wa key components of helping people. attain self-sufficiency are employment and housing. Examples of programs that directly influence people's ability to escape poverty include job education, micro-enterprise training and assistance, enrichment, development, and job placezrient services as well as housing advocacy, homelessness prevention, expiring use prevention anc[ rental and homeownership assistance. Projects that indirectly affect poverty include those that upgrade the community, and provide transportation and child care services that help people access employment and services. CDBG and HOME firr-tds are often used as matching funds for other grants that also contribute to reducing the number of poverty level families. Thus, the power of these federal dollars is leveraged to the fullest extent possible. Kecogniring that limited funds should be focused where the need is greatest, Meridian will give preference to projects that directly benefit low- and moderate-income residents or serve low- and moderate-income neighborhoods. This stratclry will ensure that scarce resources are directed to best serve those who have the greatest need, including those areas with the greatest concentrations of poverty. A number of other public, private, and partnership resources are available to assist the city in the reduction of poverty rates in Meridian. These programs include II-IPA's Family Self-Sufficiene;y program, the United States Department of I-Tcaltlt and Hutnan Services' Head Start program, the Boise Cityl/1da County Continuum of Care, El-Ada Community Action Partnership; the Community Action Partnership Association of Idaho (CAl'AI); Idaho Department of Health and Welfare, Division of Welfare and Division of Health, Bureau of Community and Environmental I-Iealth; Mayor's Faith Ambassadors Council; Meridian Senior Center; Boise City/Ado County Housing Authority (BCACHA); Idaho Commission on Aging; anc[ Boise Valley Habitat for Humanity. Antipoverty funding. Last year, Ada County residents and businesses received $207 million From the Idaho Department of Health and Welfare programs that help people in need. 'T"he disbursement of state and federal tax dollars amounts to $638 for every man, woman and child residing in Ada County. 'T'his includes citizens who may not receive a single direct service from the Department. The statewide average is $839 per capita. BBC RESEARCH SI CONSULTING SECTION IV, PACE 30 'The Department distributed over one billion dollars in 2006 to Idaho communities. These funds came from Medicaid, additional payments to hospitals, Food Stamps, Idaho Child Care Program, Women, Infants and Children nutritional program, foster care and a variety of other assistance programs. The Department's Medicaid Division spent $173 million an health care for residents of Ada County, a $ 9 million increase over the previous year. Total Medicaid spending in Ada County was $220 million because many people from otl-rex counties travel to Boise For medical care. Last year, Ada County hospitals received $2.8 million in Disproportionate Share. That money caa~ be used for any hospital purpose, so it has the potential of providing service for any patient, not just Medicaid clients. The money is in addition to payment For regular services to Medicaid clients. Five hospitals in Ada County, including St. Luke's and St. Alphonsus, received $64 million for inpatient and outpatient care bringing the total Medicaid investment in Ada Cowity hospitals to $67 million. Ada County residents received $1.5.5 million in Food Stamps> spending $13:9 million with grocers in the county to help feed their families. Antipoverty initiatives. The Idaho Department of Health and Welfare, Division of Welfare administers self-reliance programs serving low-income individuals and families. Field-based personnel in offices around the state process applications for sezvices that help Families in crisis situations. Those services also assist families in becoming more self-reliant. The Division manages state and federal programs including Child Support, Food Stamps, Child Care, Temporary Assistance for Families in Idaho (TAFI), and Aid to the Aged, Blind, and Disabled (AABll). Welfare programs provide critical aid for families while requiring participants to strive foz-employment and self-reliance. '1"he Division does not zn.anage the Medicaid program but does determine Medicaid eligibility. Other programs, managed through contracts with local organizations, include Food Commodities, Energy Assistance, Telephone Assistance, and Weatherization Assistance. The Division of Welfare promotes stable, healthy families through program access and support services. Self-reliance services. The Division provides services irz the following categories: ^ Benefit Program services provide food, medical, child care, and cash assistance. Applications are available in Geld offices around the state, by phone, mail, and the Internet. These sezvices have strict eligibility requirements and inchrde: > Faod assistance (Food Stamps); > Child care assistance (Idaho Child Care Program}; > Medical assistance under a variety programs for children, adults with low income, pregnant women, disabled individuals, nursing home care, and help with health insurance costs or Medicare prerniums; and > Cash assi tancc (TAFI, AABD). BBC RESEARCr{ ±~ CONSULTING SECTION IV, PAGE 33 ^ Child Support services, helping families by: > Locating an absent patent, conducting paternity testing, or creating a new ar enforcing an existing child support order; > Mandating child support participation for individuals receiving Pood Stamps, Medicaid, or TAFI. 'I`his requirement is an effort to encourage participant self--reliance and increase household income while receiving benefit program services; ancf > Providing help to other states to enforce and collect child support far parents living in Idaho. These interstate services account for about one-fifth of Idaho's cases. ^ Contracted services in local communities include: > Locating an absent parent, conducting paternity testing, or creating a new or enforcing an existing child support order; > Nutrition-related services and food commodities; > IAw-income home energy assistance; Telephone assistance; > Child care provider education; and > Weatherization. Benefit programs. `I`he Division of Welfare manages benefit payments in four major programs: Food Stamps, Child Care, Met{ic~tl, and Cash Assistance (through Temporary Assistance for Families in Idaho-TAFI, and Aid to the Aged, Blind, anti Disabled}. The Food Stamp Program helps low-income families maintain good health and nutrition. Federally funded, it is managed by the state, and helps families buy the food they need using an Electronic Benefits'1`ransfer card, which works like a debit card. Participation is sensitive to changes in the economy. During the economic downturn fi•on~ 2001 to 2004, participation increased 53 percent. In June 2005, statewide enrollment peaked at 94,950, up slightly from )2,903 in June 2004. Enrollment has leveled off, but participation remains high. The leveling off of the Food Starnp growth rate indicates the economy is rebauncling, bur the working poor remain in low-paying jobs. Recipients fall into two groups: working poor families and families with adults who are elderly or disabled. As of June 2005, 69 percent of recipient families included adults working or socking work. The average monthly benefit in 2005 was $229 per family. The remaining 3I percent of Food Stamp households are families where all adults are elderly or disabled. Forty-eight percent of all individuals receiving Food Stamps in Idaho arc children. The average monthly earnings for households containing three to four family members are $1,020. The Idaha Child Care Program. (ICCP) helps low-income families pay for child care while parents work or attend educational or training programs. 1CCP subsidies are an essential support that helps families becornesolf-reliant and maintain employment. Of families. participating: 88.7% are employed; 9.5 percent are in training or going to college; and 9.3 percent attend college and work. Vinery-two percent of families served have three or fewer children, and most of these families have monthly incomes at or below $ ].,500. Many families receiving ICCP benefits contribute to their child care expenses through a co-payment with the state. BBC RESEARCH Si CONSULTING SECTION fV, PAGE 32 The Division of Welfare determines financial and personal eligibility for individuals who apply for Medicaid Services. The Division of Medicaid determines health care services or coverage that an individual may receive, depending on the Medicaid program. approved or the type of care a pct:son regrtires. Each year, more than 72,000 applications arc processed statewide f<>r Medicaid and completed for re-determination of caritinuing eligibility far 171,000 Medicaid beneficiaries. In a typical year, more than 220,000 people access health coverage through Medicaid programs, which includes more than 125,000 children. Temporary Assistance far Families in Idaho ('I"AFI) provides temporary cash assistance fa- needy families with cluldren, while encouraging personal and family responsibility. Families who receive TAFI cash assistance are required to participate in work preparation activities so they can become financially independent. A typical TAFI participant is a single mom with one or two children under age eight. Each family receives a maximum of X309 monthly, regardless of family size. An adult usually is eligible far .only 24 months of TAF I cash assistance in a lifetime. Families receiving TAFI also are eligible to receive vouchers for assistance to obtain short-term training to become employed or sustain employment. A typical TAFI family is on assistance for only four months. Approximately 67% of individuals receiving'I`AFl are children whose parents are unable to care for them, typically because of drug problems or incarceration. Often, grandparents care for children who may receive TAFI without regard for grandparent income. This cash assistance payment improves the opportunity for children to stay with their extended families while their parents are unable to care for them. There is no work participation for these TAFI cases. Child support services. The Child Support Program promotes the physical and economic health of families by enstrring parents are financially responsible for their children. The program helps locate non-custodial (absent) parents and enforces their obligations to provide financial and medical suppart for their children. Contracted services. Contract services include: ^ Enhanced Work Services (FWS) works with self-reliance participants to help them gain, sustain, or upgrade employment opportunities. Adults receiving services through 'TAFI (Cash Assistance), Food St~unps, non-custodial parents in child support cases, and those at risk of coming onto TAFI are candidates for EWS. ^ Job Education Training QET) contracts suppart participant efforts in securing employment, job retention, wage enhancement, and short-term job education/training (12 months or less). Participants are referred from E~`VS contractors or ma}T volunteer through the contractor, if they meet TAFI eligibi]iry. F,ligible participants, after intense assessrncnts, enhance their employability through education and skills training. ^ Child Support Customer Service (CSCS) delivers professional and proficient child suppart receipting, case management, financial analysis audits, and customer service call center services for Idaho Child Support. BBC RESEARCIi SF CONSULTING SECTION iU, PAGE 33 ^ Community Services Block Grant (CSBG) revitalises low-income communities, helps eliminate the causes ofpoverry, and enables families and individuals to became self-reliant. Within Meridian, services are delivered through the EI-Ada Community Action Agency that provides emergency anti supportive services, employment readiness training, individual and family development counseling, food, shelter, and transportation assistance. ^ `I`he Emergency I~'ood Assistance Program (TEFAP) helps supplement the diets of Idaho's low- income cixizens. USDA. prn•chases surplus food commodities from American food producers and distributes them to states. EI-Ada Community Action Agency distributes these commodities through local food banks and soup kitchens. ^ Low-Income Home Energy Assistance Program (LIHEAl') pays a portion oflow-income household heating bills and provides energy conservation education through the EI-Ada. Community Action Agency. Payment is made to heating suppliers and vendors. ^ Service Assistance Program assists low-income households by paying a portion of their expense for telephone installation and/or monthly service fees. Benefits are funded by 1) telepho»e companies through fees included in the monthly invoices of Idaho telephone service customers. ^ Weatherization Assistance Program helps low-income families conserve energy, save money, and improve their living conditions. Idaho's weatherization program is funded by utilities, the U.S. ^ U.S. Department of Health and Human Services, Petroleum Violation Escrow, and the U.S. Department of Energy. Antipoverty Five-year Strategy. Meridian will target available federal, state, and. local resources to accomplish the following non-housing community development objectives: I. Establish effective liaisons with neighborhoods, adjacent municipalities, county, state, and Federal agencies to ensure the community is influential in affecting policies impacting residents. 2. Develop and implement quantitative and qualitative outcome measurements to assure that publicly funded. programs and/or services meet the Highest possible standards of progressiveness, innovation, quality of care, effectiveness and accountability. 3. Encourage publicly funded human service providers/programs to examine entrepreneurial opportunities in an effort to reduce/eliminate their dependence on continued public funding and to promote the long term viability of the organization. /. Encourage and expand collaborative relationships with the academic community which provide .for student internships and/or practicum experiences and promote the efficient transfer of technology. 5. Encourage improved educational, training and employment opportunities for residents. BBC RESEARCH ST CONSULTING SECTION IV, PAGE 34 6. Encourage the development of affordable quality child-care accessible to Iower income households, and 7. Expand supervised, educational and recreational after-school activities for at risk school age children. Housing Opportunities for People with AIDS (HOPWA) N/A BBC RESEARCII ST CONSULTING SECTION IV, PAGE 35 APPENDIX A. City of Meridian Citizen Participation. Plan APPENDIX A. City of Meridian Citizen Participation Plan The Consolidated Plan is a U.S. Dcpartzncnt of I-Iousing and Urban Development {HUD) requirement for a city to receive federal housing and community development funding. The Consolidated Plan report examines the housing and community development needs of a city, sets priorities for HUD grant monies to which a city is entitled, identifies the city's performance in meeting its goals, and establishes an action plan for meeting current and future needs. 1',ach Consolidated Plan is also required to have a strategy for citizen participation in the Consolidated Plan process. I3ctwcen November 2011 and July 2012, the City of Meridian prepared a draft. of its Five Year Consolidated Plan covering program years 2032-2016 and its 203.2 Action Plan. This document outlines the city's process and plan for soliciting and receiving citizen input during the preparation review period of the draft Consolidated Plan as well as in the. event that. amendments are made to the Plan. Included in this is the city's approved Citizen Participation Plan for all aspects of the Consolidated Plan process including: the Five Year Strategic Plan, the Action flan, amendments to the Consolidated Plan, and the Consolidated Annual Performance and Evaluation Report (CAPER). Purpose of Citizen Participation Flan The City of Meridian recognizes the importance of public participation in both defining and understanding current housing and community development needs, and prioritizing resources to address those needs. The city's Citizen Participation Plan is designed to encourage citizens to participate in the development of the Consolidated Plan, annual Action Plans, any substantial amendments to the Plan, and the annual performance report. The Citizen Participation Plan is intended to encourage citizens of all ages, genders, economic levels, races, ethnicities and special needs equal access to beconze involved in the Plan each year. This Citizen Participation Plan was written in accordance with Sections 91.100 and 91.105 of HUD's Consolidated Plan regulations. In order to ensure maximum participation in the Consolidated Plan process among all populations and needs groups, and in order to ensure that their issues and concerns are adequately addressed, the City of Meridian will follow the standards set forth in its adopted Citizen Participation Plan during development of its Consolidated Plan, annual Action Plans and Consolidated Annual Performance and Evaluation Report (CAP)/R), and for any substantial amendments to the Plan. The participation process will be developed and monitored by the Planning llivision of the City of Merid'ian's Community Development Department. Glossary of Relevant Terms Action Plan. The yearly portion of the Consolidated Plan that identifies the specif c activities and projects to be undertaken by the city with CDI3G funds during that program year. CAPER. The Consolidated Annual Performance and )/valuation Report as required by HUD regulations, which reports the city's completion of projects and activities as outlined within the Action and Consolidated Plans and the expenditure of Community Development I31ock Grant (CllBG). BBC RESEARCFI ~i CONSULTING APPENDIX A, PAGE i CDBG. The Community Development Block Grant Program, as established under Title 1 of the Housing and Community Development Act of 197, as amended, Public Law 93-383 and the funding received under such program, which assists communities to address housing and community development needs, primarily for Jow and moderate income residents. Consolidated Plan. A three to five year plan of a city's housing and community development needs, resources, priorities, and proposed activities co he undertaken for the CDBG programs (a.k.a., Housing and Cominuniry Development Plan). Relevant Areas and Programs. The City of Meridian 2012-20I6 Consolidated Plan covers the geographic area within the city limits of Meridian. The City of Meridian is entitled to receive CDBG funding from I-IUD during the program years between 20l 2 and 2016. Public Comment Consolidated Plan and annual Action Pions. Prior to the adoption of a Consolidated PIan and annual Action. Plans, the city will make available to interested parties the draft Plan for a comment period of no less than 30 days and will conduct a public hearing at the conclusion of the comment period. '1"he 30 day comment period and the public hearing for the Consolidated Plan and the annual Action Plans will be noticed in the local newspapers, the I/alley Times and the Idaho Statesman, and by posting the notice on the city's Web site. The public notice shall be published at least two weeks in advance of the public hearing and shall include information regarding tha subject of the hearing and the date, time, and locatiol~ of the public hearing as well as a notice of opportunity to provide written or oral comment. The draft Consolidated Plan will contain the amount of assistance the city expects to receive through the HUD CDBG grants and the top level strategic goals that will guide funding over the frve planning periods. The annual Action Plan will show haw the city plans to allocate the funds for that particular program year. Prior to the 30-day comment period on the draft Action Plan, City staff shall provide a Illepartment Report to the Council regarding submitted funding applications and the relative scares and ranking of these applications. The report should include an analysis of how the applications are proposed to be prioritized in relation to the adapted Consolidated Plan. The Plans will be available electronically on the city's Web site. Hard copies will be available for review at city off ces and will be provided to the public at a specific request. The Council will consider any comments or views of individuals or groups received in writing or orally during the flan }process and at the public hearing to be held at the end of the 30-day public camment period. The Council shall at its regular or a special public meeting, review the proposed Consolidated Plan or annual Action Plan and the summaries regarding the incorporation of citizen comments or views provided, and shall vote an a resolution to adopt the final Consolidated Plan or annual Action Plan. The-city will provide a written response to all written citizen complaints related to the Plans within 15 working days of receiving the complaints. Copies of the complaints, along with the city's response will be sent to HUD if they occur outside of the Consolidated Planning process and, as such, do not appear in the Consolidated Plan. APPENDIX A, PAGE 2 BBC RESEARCH ST CONSULTING GAPER. A public notice of the CAPER availability and the date, time and location of the public hearing will be published in the local tiewspapcrs, Valley Times and the Iclahv Statesman, and by posting the notice on the city's Web site at least two weeks in advance of the public hearing. After the notice is published, citizens will have a period of not less than 15 days to comment on the CAPER, and the city will conduct a public hearing on the CAPER at the conclusion of the comment period. The city will consider any comments or views of citizens received in writing. A summary of these comments or views, and a sumrnaty of any comments or views shall be attached to the CAPLR. "T`hc Council shall at its regular or a special public meeting, review the CAPER and the summaries regarding the incorporation of citizen comments or views provided, and. shall vote on a resolution to adapt the final CAPER. Substantial Amendments Occasionally, public comments or a change in circumstances warrant an amendment to the Consolidated Plan and/or an ~uinual Action Plan. The criteria for whether to amend is referred to by I IUD as Substantial Amendment Criteria. The following conditions are considered to 6e "SubstantialAmendntent Criteria:" Any change in the described method of distributing program funds. > Elenxents of a "method of distribution" are: - Changing the funding of a particulaa activity which increases or decreases the amount spent by 25 percent of the total funding amount. -- Making a change in the allocation priorities. - Carrying out an activity using CDBG funds or program income not previously described in the action plan or the consolidated plan. 2. An administrative decision to reallocate all the fitnds allocated to an activity in the Action Plan to other activities of equal or lesser priority need level, unless the decision is a result of > A federal government rescission of appropriated funds, or appropriations ate so much less than anticipated thae the city makes an admiiiistrativedeeision not to fund one or more activities; and/or > The governor declares a state of emergency and reallocates federal funds to address the emergency. Citizen participation in the event of a substantial amendment. In the event of a substantial amendment to the Consolidated Plan or annual Action flan, the city will publish a notice of the recommended changes and the date, time, and location of the public hearing in the I/~zlley Times and the Idaho Statesman newspapers and on the city's Web site at least two weeks in advance of the public hearing. The City will provide a 30-day public comment period in advance of the public hearing on the proposed stebstantial amendment. The Council shall at its regular or a special public meeting, review the proposed substantial amendment and the summaries regarding the incorporation of citizen comments or views provided, and shall vote on a resolution to adopt the substantial amendment. following the Council's passage of the resolution adapting the substantial amendment, the City will norify HUll of the amendment and shall submit a copy of each substantial amendment to I-iUD as such occurs. BBC RESEARCH Si CONSULTING APPENDIX A, PAGE 3 Consideration of public comments on the substantially amended plan. In the event of substantial amendments to the Consolidated I']an or Aeeion Plan, the City Council will consider any comments on the substantially amended Plan From individuals orgroups. Comments must be received in writing or orally at public hearings. A summary of the written and public hearing comcrrents an the substantial amendments will be included in the final Plan. Also inchcded in the final Plan will be a summary of all comments not accepted and their reasons for c{ismissal. Changes in federal funding level. Any changes in federal funding levels after the draft Consolidated flan or Action Plan's comment period has expired and the resulting effect on the distribution of funds will not be considered an amendment or a substantial amendment. Public access to records The city will provide all interested parties with access to information and records related to the city's Consolidated Plan, annual Action Plans, CAPER and the city's use of funds under all programs covered by the Consolidated Plan during the preceding five years. All materials, announcements, and notices of the hearing will include information about how persons with disabilities and non-English speaking persons may request accommodations in order to review the proposed plan and provide written or oral comments. Upon request, or in the case ofpublic hearings where a significant number of non-English speaking residents can. reasonably be expected to participate, the City will provide both written interpretation(s) of the proposed consolidated or action plan one (1) week prior to the public hearing or within 48 hours of a request; and/or oral interpretation at the public hearing. Consultation with Organizations and City Agencies When preparing the Consolidated Plan and the annual Action Plans, the city will actively consult with public anci private agencies that provide housing, health, and social services in order to ensure that the interests and needs of all groups arc being adequately addressed.. This consultation wilE occur through interviews conducted with such organizations {including those that provide services to special needs populations), and incorporation of data and reports produced by such organizations into the Consolidated Plan and the annual Action Plans. APPENDIX A, PAGE 4 BBC RESEARCH & CONSULTING APPENDIX B. Residential Anti-Displacement and Relocation Assistance Plan APPENDIX B. Residential Anti-Displacement and Relocation Assistance Plan All HUD-assisted programs and projects are subject to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA}, set forth at 42 U.S.C. § 4601, as well as llepartment of Transportation regulations set forth at 49 CI~R part 24. The Cit}r further recognizes that it is subject to applicable provisions of the Housing and C:ommuniry Development A.ct of 1974, set forth. at 42 U.S.C. § 530i(d}, as set forth in 24 CFR §§ 42.301 et seq. 'T'herefore, it shall be the declared policy of the City of Meridian to establish and follow the plan described below to minirnire the adverse. impacts on persons of low and moderate income resulting from acquisition and relocation activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended. Displacement Strategy The Ciry shall assure that it has taken all reasonable steps to minimize the displacement of families, individuals, businesses, nonprofit organizations, and farms as a result of CD13G-assisted activities. Further, consistent with the goals and objectives of activities assisted under the Housing and Community Development Act of 1974, as amended, the Ciry may take any or all of the fallowing steps, as appropriate under the circumstances, to minimize the displacement of persons from their homes: ^ Stage any rehabilitation of assisted housing to allow tenants to remain during and after rehabilitation, rehabilitation of empty units to allow the shifting of tenants during rehabilitation of occupied units; ^ Establish facilities to house persons who must be relocated temporarily during rehabilitation; ^ Provide counseling to assist homeowners and renters to understand the range of assistance options available, utilizing existing housing counseling programs to the greatest extent possible; ^ Give priority in assisted housing units in the neighborhood to area residents facing displacement; ^ Target Section 8 existing program certificates to households being displaced, and recruit area landlords to participate in the program; ^ Provide counseling and referral services t~ assist displaced homeowners and renters find alternative housing in the affected neighborhood; ^ Worlc with area landlords and real estate brokers to locate vacancies for households facing displacement; ^ Evaluate housing codes and rehabilitation standards in reinvestment areas to prevent their placing undue financial burden on long-established owners or tenants. of multi-family buildings; andJor ^ Adopt public policies to identify and mitigate displacement resulting from. intensive public investment in neighborhoods. BBC RESEARCH St CONSULTING APAENDfX 6, PAGE i Replacement of Dwelling Units The City will replace all occupied and vacant occupiable LMI dwelling units demolished or converted to a use other than as LMI housing as a direct result of activities assisted with CDBCY funds on a one- for one basis, unless a written waiver has been received. All replacement housing will be provided tivithin three years of the commencement oEthe demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the City will make public and submit to HUD the following information, in writing: 1.. A description of the proposed activity 2. The location on a map and number of dwelling units by size (number of bedrooms) that will be demolished or converted Co a use other than as low/moderate income dwelling units, as direct result of the assisted activities 3. A time schedule for the commencement and. completion of demolition or conversion 4. The location on a map and the number of dwelling units by size {number of bedrooms) that will be provided as replacement dwelling units. if such data. is not available ar.the time of the general submission, the City will identify the general location on an area map and the approximate number of dwelling units by size, and provide information identifying the specific location and number of dwelling units by size as soon as it is available 5. "T'he source of funding and a time schedule for the provision of the replacement dwelling units C. Per 24 CrR g 42..375{b){5), the basis of concluding that each replacement dwelling unit will remain glow-moderate income dwelling unit for at least ten {l0) years from the date of initial occupancy 7. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units (e.g. a 2-bedroom twit with two 1-bedroom units) is consistent with the housing needs. oflow-income households in the jurisdiction Relocation Assistance The City will provide relocation assistance, as described in 24 CPR g 42.350, to each. LMT household displaced by the demolition of housing or by the conversion of a }.MI dwelling to another use as a direct result of CDBCr-assisted activities. PAGE 2, APPENDIX B BBC RESEARCH ST CONSULTING Meridian City Council Meeting DATE: Julv 24, 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Resolution No. l 2 ~O ~~ :Resolution Adopting Five Year Consolidated Plan (2012-2416) for the Community Development Block Grant Program MEETING NOTES Community Item/Presentations Presenter Contact Info.INotes CLERKS DFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NU. ~o~ " C~'S~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING SUBMISSION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FIVE-YEAR CONSOLIDATED PLAN (2412-2416) TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary that afive-year strategic plan be submitted to the United States Department of Housing and Urban Development ("HIJD") in order to receive Community Development Block Crrant ("CDBG") funding for Program Years 2012-2016; and WHEREAS, the City held a public hearing on the Consolidated Plan (20I2-2016) on July 24, 2012, and held. a public comment period on the draft application materials from June 19, 20I2 to July 24, 2012. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Consolidated Plan {2012-2016) and its cett:ification documents, copies of which are attached hereto as EXHIBIT A and incorporated herein by reference, be, and the same hereby are, approved as to both form and consent. Section 2. That the Mayor and the City Clerk be, and they hereby are, authorized to respectively execute and attend the certifying documents for the Consolidated Plan (2012-201 b) for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ~~.~ ADOPTED by the City Council of City of Meridian, Idaho this ~ day of I 2012. ~_-- APPR VED by the Mayor of the City of Meridian, Idaho, this ~ day of 2012. -- APPROVED: ATTE~ By: RP.SOLUTION APPROVING CDBG DUCUMIsNTS -Page 1 OF 1 Meridian City Council Meeting DATE: July 2r?-, 2012 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: Close Public Hearing and Comment Period on the Community Development Block Grant (CDBG) Program Year 2012 Action Plan MEETING NOTES /jialc.eL/ /~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Finai Plan 2012 Action Plan Community Development Block Grant Program (~~E IDIZ IAN,-- ~J City of Meridian, Idaho ~- ~. j -_ 1 ~ ,,, ~~ --~_____ ,i,~y~.,`,,. ~;,~ TABLE OF CONTENTS EXECUTIVE SUMMARY I. Introduction ...............................................................................................................................6 EI. Evaluation of Past Performance ....................................................................................... .......9 III. Summary of Citizen Participation Process 91.220 (b) ................................................... .....11 IV. Summary of Resources 91.220(cj(1) and (C)(2) ............................................................. .....15 V. Annual Objectives 91.220 (c)(3) ....................................................................................... .....17 Vi. Description of Activities 91.220 (d) and {e) ..................................................................... ....19 a. Description of 2012 Housing Activities b. Description of 2012 Public Service Activities c. Description of 2012 Public Facility Activities d. Description of 2012 General Program Administration, Planning, and Fair Housing Activities VII. Geographic Distribution and Obstacles to Addressing Underserved Needs .............. ....24 VIII. Additional Requirements .................................................................................................. .....27 a. Annual Affordable Housing Goals 91.220 (g) b. Public Housing 91.220 (h) c. Homeless and Special Needs 91.220 {i) d. Barriers to Affordable Housing 91.220 {j) e. Other Actions 91.220{k) IX. Program Specific Requirements 91.220 (II){1) ................................................................ .....30 a. Program Income b. Activities to Benefit LMI persons c. Monitoring APPENDICES Appendix A: Tables 3A Summary of Specific Annual Objectives ................................................32 36 Annual Affordable Housing Completion Goals .....................................34 3C Consolidated Plan Listing of Projects .....................................................35 Appendix B: Certifications ..................................................................................................41 Appendix C: SF 424 ..............................................................................................................48 Appendix D: Public Notices .................................................................................................52 Appendix E: Summary of Comments .................................................................................54 City of Meridian, Idaho 2 2012 Action Plan-Adopted July 24, 2012 EXECUTIVE SUMMARY City of Meridian, Idaho 2012 Action Plan-Adopted July 24, 2012 Executive Summary Meridian Program Year 2012 Action Plan As an Entitlement Community, the City of Meridian receives CDBG funds each year from the U.S. Department of Housing and Urban Development. Program Year 2012 (PY2012) funding for the City of Meridian is anticipated in the amount of $256,727. Funds will be used to address priorities within the HUD performance measurement system to: (1) create a suitable living environment, (2) provide decent housing, and (3) create economic opportunities for the community. Non-administrative activities planned in PY2012 focus solely on LMI beneficiaries. Meridian will invest CDBG funds in a public facility project in an LMI neighborhood, homeownership assistance, and public services to address a suitable living environment and expanded economic opportunity. The public facility project is proposed to be the design and construction of an ADA accessible restroom in 8th Street Park. Public service assistance will be provided through the Meridian Food Bank and Open Lines Training. Homeownership Assistance will be undertaken by two area service providers: Ada County Housing Authority and Neighborhood Housing Services. Activity Categorical Categorical Category & Activity Total Total Percentage Administration & Planning $46,227.00 18% SUBTOTAL $46,227.00 Suitable Living Environment Public Facility 8th Street Park ADA Accessible Restraom Facility $130,000.00 51% Public Service Hunger Relief/Meridian Food Bank $26,500.00 ZO% TOTAL $156,500.00 Decent Housing Homeownership Assistance $42,000.00 16~~~ SUBTOTAL $42,000.00 Economic Development Public Service Senior Job Training/Open Lines Training $12,000.00 5% SUBTOTAL $12,000.00 TOTAL __ _ $256,727.00 100% City of Meridian, Idaho 2012 Action Plan-Adopted July 24, 2012 SECTION I Introduction City of Meridian, Idaho 2012 Action Plan-Adopted July 24, 2012 Section Introduction Purpose of this Document. The City of Meridian is a designated entitlement community by the U.S. Department of Housing and Urban Development (HUD). This designation allows the City to receive funds from HUD's Community Development Block Grant (CBDG) Program. The 2012 program year will mark the City's sixth year as an entitlement community. Federal regulations (24 CFR § 91.200{a) and 91.220) require the City to submit an action plan each year that describes how CDBG funds will be invested in the community. The 2012 Action Plan was developed with a strong emphasis on community input, and follows the Citizen Participation Plan set forth in Meridian's 2012 - 2016 Consolidated Plan. Through this planning effort, the City has prepared strategies, which will guide program expenditures over the next Program Year {PY); October 1, 2012 through September 30, 2013. City of Meridian CDBG Program Mission Statement. In accordance with the overarching goals of the CDBG program, as set forth in 24 CFR § 91.1(a)(1), the City's mission is to utilize CDBG funding to develop a viable urban community by providing decent housing, providing a suitable living environment, and expanding economic opportunities principally for low/moderate income (LMI) persons. The City's primary means toward this end shall be to extend and strengthen partnerships among al! levels of government and the private sector, including for- profit and non-profit organizations. Consolidated Plan. A consolidated plan must be submitted every three to five years tv receive federal CDBG funds. The Consolidated Pfan typically results from a collaborative process where a community can scrutinize its current situation and establish a unified vision for community development actions. The. City of Meridian's Consolidated Plan spans program years 2012 through 2016 and addresses the community's most critical housing and community development needs. The PY2012 Action Plan represents the first year using the 2012 - 2016 Consolidated Plan. Action Plan. For every year identified in the Consolidated Plan, the City of Meridian is required to prepare aone-year Action Plan to notify citizens and HUD officials of the City's intended actions to occur during that specific year. The PY2012 Action Plan identifies the objectives the City hopes to achieve from October 1, 2012 through September 30, 2013, and outlines the activities the City will undertake to achieve those objectives. Consolidated Annual Performance and Evaluation Report (CAPER). At the end of each program year, the City of Meridian prepares a Consolidated Annual Performance and Evaluation Report (CAPER) to provide information to its constituents and HUD about that year's accomplishments. This information allows HUD, city officials, and the general public to evaluate the City's performance and determine whether the activities undertaken during the year helped to (1) City of Meridian, Idaho 2012 Action Plan-Adopted July 24, 2012 meet the City's five-yeas goals and (2) address priority needs identified in the Consolidated Plan and the Annual Action Plan. This annual performance report, prepared with public review and comment, is submitted to HUD annually no later than December 31. Submittal to HUD. In compliance with 24 CFR § 91.15(a), and in order to maintain continuity in its program and provide accountability to citizens, the City shall submit this action plan no later than August 16, 2012. The City shall submit on an annual basis a summary of its citizen participation and consultation process, an annual action plan, and all required certifications. At least every five years, the Cityshall submit a housing and homeless needs assessment, market analysis and strategic plan. City of Meridian, Idaho 2012 Action Pian-Adopted July 24, 2012 SECTION II Evaluation of Past Performance City of Meridian, Idaho 2012 Action Plan-Adopted July 24, 2012 Section II Evaluation of Past Performance During the first four years of the 2007-2011 Consolidated Plan, the City managed an estimated average of $248,000 in resources each year from its annual CDBG allocation. Over these four years, the City's expenditures from its CDBG allocation have produced the following results: ^ Assisted 9 new homeowners to purchase homes. ^ Provided over 79,000 persons with food through the Meridian Food Bank. ^ Initiated a transportation service for the local Boys and Girls Club. ^ Completed 4 public facility projects. ^ Completed 349 code enforcement cases within the downtown LMI area. The City successfully produced Consolidated Annual Performance and Evaluation Reports (CAPERS} for Program Years 2007, 2008, 2009, and 2010-for the period beginning October 1, 2007 and ending September 30, 2011. The CAPERs demonstrated that XX percent of the funds expended during program years were invested into activities benefiting low to moderate income individuals and families, well over the 70 percent statutory minimum requirement. The City did. not exceed the regulatory caps of 20 percent fvr administration and planning. The maximum funding available under CDBG regulations, 15 percent of the annual entitlement, was made available for public service activities. The City has met its expenditure of grant funds deadlines imposed by HUD each year. City of Meridian, Idaho 2012 Action Plan-Adopted Juiy 24, 2012 SECTION III Summary of Citizen Participation Process City of Meridian, Idaho 10 2012 Action Plan-Adopted July 24, 2012 Section III Summary of Citizen Participation Process The City of Meridian employs a comprehensive citizen participation process for all CDBG projects and activities. The City solicits input from Meridian residents in all phases of its Community Development efforts, from the initial planning and project/program implementation to reporting and assessing accomplishments/outcomes. This process fosters the open and inclusive identification of needs and delivery of services to City residents. It also helps to ensure that the overall direction of the CDBG program is (1) consistent with residents' expectations and (2) responsive to neighborhood and stakeholder concerns. The City works with non-profit organizations to encourage the participation of program beneficiaries, including low- and moderate-income residents. Bi-lingual services and additional assistance for persons with disabilities are available upon request. The citizen participation process for the 2012 Action Plan coincided with the citizen participation process far the development of the 2012-2016 Five-year Consolidated Plan. The process consisted of the following: 1. A focus group, stakeholder interviews, five public meetings, and a public comment period were conducted during the development of the 2012 Action Plan and Five Year Consolidated Plan to ensure that stakeholders and citizens were able to voice their opinions regarding housing and community development activities in Meridian. 2. A resident survey was distributed and completed by 330 residents of Meridian. 2012 Public Meeting and Focus Group Dates • January 19: Service Provider Focus Group ^ March 7: City Council Review of draft Consolidated Plan Priorities ^ March 15: Public CDBG Workshop for review of draft priorities ^ May 15: City Council Annual Pre-draft Prioritization Meeting ^ June 19:: City Council Hearing on Draft 2012 Action Plan ^ July 24: City Council Hearing adopting 2012 Action Plan The resident survey, which was made available online and in hard copy, was an important piece of the citizen participation process. As such, the city implemented an extensive survey distribution process to ensure all residents, including the city's lowest income residents, were aware of the resident survey. A variety of organizations and mediums were used to publicize and distribute the resident survey. They are summarized in Figure III-1. City of Meridian, Idaho 11 2012 Action Plan-Adopted July 24, 2012 Figure III-1. Survey Distribution, City of Meridian, 2011 Sourcc: BBC Research & Consulting and City of Meridian. Org_anizatio ns Contacted Distribution Mediums _ _ Ada County Boys and Girls Club City of Meridian website Ada County Housing Authority City of Meridian electronic newsletter Chief Joseph Elementary School City of Meridian Facebook page City of Meridian City Clerk City of Meridian Twitter page City of Meridian Planning Department HOA emaii distribution lists _EI Ada Community Action Partnership Press release to local newspapers Friends in Action Public school email list Idaho Legal Aid Services Utility bills Idaho Office for Refugees Intermountain Fair Housing Council Linder E{ementary School Meridian Community Center Meridian Elementary School Meridian Food Bank Meridian High School Meridian Library Meridian Middle School Meridian Senior Center Terry Reilly Health Services United Way of Treasure Valley The resident survey was administered between November 16th and December 15th of 2011. The survey asked residents to identify the level of need for a variety of CDBG-eligible activities falling within the following categories: community facilities, infrastructure, special needs, community services, neighborhood services, businesses and jobs and housing. A total of 330 .residents participated in the survey. Efforts made to broaden citizen participation. As noted above, the City made a significant. investment of time and cost to inform citizens about the Consolidated Plan and the 2012 Action Plan and community meetings to low and moderate income households. This resulted in more than 330 citizens participating in the process. Outreach process for draft plan. The City invited comment on the draft Five-year 2012-2016 Consolidated Plan and the draft 2012 Action Plan from June 19, 2012 through July 24, 2012. .Public meetings were held on June 19 and July 24, 2012 at the accessible City Hall location. Advertising for the comment period was accomplished through the City's website and legal advertising. Advertisements announcing the availability of plans, the public meeting and City of Meridian, Idaho 12 2012 Action Plan-Adopted July 24, 2012 comment period were published in the Idaho Statesman and the Valley Times on June 11 and 18, 2012 (see Appendix D). The draft plans were made availably at the City offices and on the City's website during the comment period. Comments were accepted via e-mail, mail and in-person at the City's Community Development Department. Summary of comments. Please see Appendix E for all comments that were received during the draft comment period. City of Meridian, Idaho 13 2012 Action Plan-Adopted July 24, 2012 SECTt®N tV Summary of Resources City of Meridian, Idaho 14 2012 Action Plan-Adopted Juiy 24, 2012 Section IV Summary of Resources Federal, State, and Local Resources. CDBG and City general funds are available to support .program activities. The City may consider additional partnerships with Meridian Development Corporation (MDC) and Ada County Housing Authority (ACHA) to leverage available resources and achieve maximum results. The following funding sources have been identified to help address the needs of low/moderate income (LMI) individuals and families. Some resources may be directly leveraged to help fund CDBG eligible activities, in which case all HUD regulations and requirements regarding matching will be satisfied, pursuant to 24 CFR § 91:220(c}(2}. While other resources may not be able to contribute directly toward CDBG-eligible activities, they may be able to provide assistance to related support programs. These leveraged funds will be tracked and documented as part of the compliance monitoring process. Federal Resources US. Department of Housing and Urban Development: Section 8 Housing Choice Voucher Program HOME Investment Partnership Program Emergency Shelter Grant Housing Opportunities for Persons with AIDS U.S. Department of Health and Human Services U.5. Department of Education Federal Housing Administration Homeownership Program Fannie Mae Federal Emergency Management Administration U.S. Veterans Administration State Resources _ __ Idaho Community Foundation Local Resources Meiidian General Funds Idaho Housing and Finance Association Meridian Development Corporation Idaho Department of Education Ada County Association of Realtors Idaho Department of Environmental Quality Ada County Housing Authority Idaho Association of Mortgage Brokers Neighborhood Housing Services Idaho Department of Agriculture Boise Valley Habitat for Humanity State Tax Credits Supportive Housing and Innovative Partnerships Idaho Department of Health and Welfare: EI-Ada Community Action Partnership Community Service Grant United Way Family and Child Services Faith-based organizations Public Health Services Local utility companies Domestic Violence Grant Individual and business donors Idaho Children's Trust Fund Civic organization donations Idaho Office on Aging Volunteer in-kind services Idaho Department of Justice City of Meridian, Idaho 2012 Action Plan--Adopted July 24, 2012 15 SECTION V Annual Objectives City of Meridian, Idaho 15 2012 Action Plan-Adopted July 24, 2012 Section V Annual Objectives A. Decent Housing Strategies Strategy No. 1 Improve access to affordable housing opportunities for Meridian residents. • Objective 1.1: Address the need for affordable housing. by supporting a down payment assistance program for qualifying households. o HUD Specific Objective Category: Availability/Affordability of Decent Housing (DH-2) o Allocate $42,000 for down payment assistance programs targeted to low- moderate income households purchasing a home in Meridian. o One Year Action Plan Outcome: 3 households B. Suitable Living Environment Strategies Strategy No. 2 Improve the lives of Meridian residents with special needs and residents at-risk of homelessness. • Objective 2.1: Support public service activities that serve the city's LMi residents. o HUD Specific Objective Category: Availability/Accessibility of Suitable Living Environment (SL-1j o Allocate $26,500 for hunger relief through the purchase and provision of food by the local food bank. o One Year Action Plan Outcome: 2,000 people Objective 2.2: Invest in public facility improvements that serve persons with special needs and low income residents, as well as public facility improvements located in the city's LMI areas or serving LMI residents. o HUD Specific Objective Category: Sustainability of Suitable Living Environment (5L-3) o Allocate $130,000 for the design and construction of a new ADA accessible restroom facility in St" Street Park. o One Year Action Plan Outcome: 1 public facility C. Expanded Economic Opportunity Strategies Strategy No. 3 Improve economic opportunities in the city's LMI areas. • Objective 3.1: Support public service activities that provide employment training orjob creation/retention for the city's LMI residents. o HUD Specific Objective Category: Availability/Accessibility of Economic Opportunity (EO-1) o Allocate $12,000 for job training and placement for Meridian Seniors. o One Year Action Plan Outcome: 10 Meridian seniors trained and placed in jobs. City of Meridian, Idaho 17 2012 Action Plan-Adopted July 24, 2012 SECTION VI Description of Activities City of Meridian, Idaho 18 2012 Action Plan-Adopted July 24, 2012 Section VI Description of Activities -n PY2012, the City of Meridian will spend all non-administrative funds on activities that benefit .low- and moderate-income persons or households. The City's PY2012 entitlement is anticipated at $256,727.00. A description of all the planned activities for PY2012 is identified below. A. Description of 2012 Housing Activities Down Payment Assistance Program Priority: Affordable Housing National Objective: Low Moderate Income Persons-housing activities (LMH) 570.208 (a)(3j Outcome Category: Affordability Outcome Measure: 3 households The City will partner with two housing service providers to assist qualified LMI buyers to purchase a home in Meridian. The funds allocated to Neighborhood Housing Services (NHS)-- $21,000and the Ada County Housing Authority (ACHA)--$21,000 will be used for down payment and closing cost assistance. As identified in the City's Consolidated Plan and Analysis of Impediments reports, many households in Meridian are interested in purchasing a home, but cannot afford the down payment for such a purpose. This activity is intended to address this need and broaden the homeownership opportunities for Meridian's LMl population. B. Description of 2012 Public Service Activities The City has allocated the maximum allowed amount of 15% for public service activities. The allocation will be divided between two public service activities address two different priorities, suitable living environment and expanded economic opportunity. Hunger Relief Program Priority: Suitable Living Environment, Public Services National Objective: Low Moderate Income Clientele (LMC) 570.208(a)(2)(i)(B) Outcome Category: Availability/Accessibility Outcame Measure: 2,000 people assisted The City will provide support to the Meridian Food Bank in the amount of $26,500 for the purchase of food to be distributed to persons and families in need. The Food Bank continues to experience an increase in demand due to the recession, and the provision of CDBG funding will enable to Food Bank to purchase and supply food to those in need. The Food Bank has relocated to a facility that is within the identified LMl area and this wi[I enable them to increase their presence and impact on the community. City of Meridian, Idaho 19 2012 Action Plan-Adopted July 24, 2012 Senior Job Training and Placement Program Priority: Expanded Economic Opportunity, Public Services National Objective: Low Moderate Income Clientele (LMCJ 570.208(aJ(2J(i)(BJ Outcome Category: Availability/Accessibility Outcome Measure: 10 Meridian Seniors trained and placed in jobs The City will partner with a local company, Open Lines Training, to provide job training and placement for Meridian Seniors. Project funds in the amount of $12,000 will be used to provide job refresher/training and job placement for Meridian Seniors. The project includes working with local businesses for job placement opportunities. The project is intended for seniors who are residents of Meridian with a plan to coordinate with the Meridian Senior Center. Open Lines Training has seen an increased number of seniors who are in need of employment, but who do not have the necessary tools to seek employment or the necessary skills that employers are looking far. Job creation/retention scored the highest out of all the desired activities on the resident survey that was conducted as part of the Consolidated Plan process, and this activity is intended to address this identified community priority and need. C. Description of 2012 Public Facility Activities Stn Street Park ADA Accessible Restroom Priority: Suitable Living Environment, Public Facility National Objective: Low-Moderate Income Persons, Area Benefit (LMAJ 570.208(aJ(1J Outcome Category: Sustainability Outcome Measure: Z completed public facility Project funds will be used by the City Parks and Recreation Department for the design and construction of an ADA Accessible Restroom Facility in $t" Street Park where there is currently na restroom facilities. 8t" Street Park is a neighborhood park facility located directly north of the City's identified LMI area. In 2009, the City used CDBG-R stimulus funds to create a pathway connection across Five Mile Creek to this park. While the City Parks Department has seen an increase in use because of this connection, the park is still underutilized because there are no restraom facilities. As part of the pathway connection project, the City conducted a survey, in accordance with HtJD survey methodologies, of the residents within the service area of the park to determine the income thresholds of the residents within the service area. The survey found that 58% of the persons within the St" Street Park service area were within LMI thresholds. The City maintains that the area has not changed significantly since the survey was conducted three years and will retain information on file to demonstrate the conditions ofthe area. Park and recreation facilities scored second highest on the resident survey under the community facilities category, and this project is intended to address this identified community priority and need. City of Meridian, Idaho 20 2012 Action Plan-Adopted July 24, 2012 D. Description of 20.2 General Program Administration, Planning, and Fair Housing Activities City of Meridian Community Development Department Community Development Block Grant Program Program Administration Costs 570.206 Planning Activities 570.205 Activities include preparing required reports and planning documents, contract administration, grant management, citizen participation, sub-recipient monitoring, fair housing education, environmental reviews, and the identification and development of programs to meet the needs of the community's lower income residents. The City will budget slightly less than the allowed 20% cap of the CDBG program. The City is a{locating $46,227 {18%) for administrative expenses. Fair Housing Activities 570.206(c) In accordance with the Fair Housing Action Plan developed as a result of the Analysis of Impediments to Fair Choice Report adopted an April 17, 2012, the City will focus on the. following activities during PY2012 to address the identified impediments: Impediment 1 Lack of Affordable Housing. Activities; ^ Identify existing owners of affordable housing units in Meridian. ^ Meet with affordable housing owners and help encourage them to not let contracts on affordable units expire. ^ Meet with affordable housing task force quarterly to discuss strategies for developing new affordable housing units in Meridian .impediment 2 Potential resident opposition to affordable housing development. Activities: ^ Monetarily sponsor the regional fair housing awareness campaign Impediment 3 Limited Public transportation opportunities. Activities: ^ Research state and federal transportation grants and determine if they could help support public transit planning efforts in Meridian. ^ Meet monthly with the Meridian Transportation Task Force, the ACRD Capital Improvement Citizen Advisory Committee (ACRD CICAC), the COMPASS Regional Technical Advisory Committee {COMPASS RTAC), and Meridian's Traffic Safety Task Force. City of Meridian, Idaho 21 2012 Action Plan-Adopted July 24, 2012 Impediment 4 Lack of understanding by developers and landlords about housing accessibility requirements. Activities: ^ As part of a regional fair housing awareness campaign, address needs of persons with disabilities, such as including information about reasonable accommodations and service animals in campaign message. ^ Conduct a fair housing training in Meridian specific to landlords. ^ Conduct an internal training for Community Development staff on fair housing design and construction guidelines. City of Meridian, Idaho 22 2012 Action Plan-Adopted July 24, 2012 SECTION Vil Geographic Distribution and Obstacles to Addressing Underserved Needs City of Meridian, Idaho 23 2012 Action Plan-Adopted July 24, 207.2 Section VII Geographic Distribution and Obstacles to Addressing Underserved Needs The PY2012 projects which will be financed with CDBG funds are mapped below. Only two projects will take place at specific geographic locations. All other projects will take place citywide, as applicable, to assist low-moderate income persons and. households. Funding is determined upon meeting national objectives, qualifying eligible activities, and a competitive application process. The Community Development Department hosts an annual CDBG Workshop where past, current, and potential future sub-recipients are invited to attend and hear about the goals and objectives for the coming program year. After the workshop, potential sub-recipients are encouraged to apply for CDBG funding for proposed projects or activities. All eligible applications are considered for funding within the context of the broad goals and objectives established in the Consolidated Plan. Funding recommendations under the 2012 Program Year were made in consideration of the. goals and outcomes of the proposed project, the need that the project addresses, how the organization plans to carry out the project, and the degree to which the project or program addressed the priorities and objectives defined in the Consolidated Plan. City of Meridian, Idaho 24 2012 Action Plan-Adopted July 24, 2012 Obstacles to meeting underserved needs. The greatest single obstacle to meeting underserved needs is the limited funding available to address identified needs. City of Meridian, Idaho Z5 2012 Action Plan-Adopted July 24, 2012 SECTION VIII Additional Requirements City of Meridian, Idaho 26 2012 Action Plan-Adopted July 24, 2012 Section VIII Additional Requirements A. Affordable Housing The City will partner with Ada County Housing Authority (ACHA) and Neighborhood Housing Services (NHS) to expand affordable housing opportunities in PY2012. The City will continue funding homeownership assistance to eligible prospective buyers identified through the Section 8 program. This program has had great success in past program years, and will receive $42,000 for continuation in PY2012. This will allow these organizations to assist three eligible LMI homebuyers in the upcoming program year. The City does not plan to provide monetary assistance for rental purposes in the upcoming program year, but will continue to facilitate discussions with area residents and service providers. i3. Public Housing The City does not plan to contribute monetarily to expanding public housing in PY2012, but will continue to encourage homeownership for eligible buyers as described above, and participate in the regional dialogue with neighboring contmur~ities and service providers to (1) define goals and formulate a public housing strategy, (2) identify potential funding sources to implement that strategy, and (3) involve new/broader segments of the community that have not been involved in such discussions in the past. C. Homeless and Other Special Needs In PY2012, the City's efforts to address emergency shelter and transitional housing needs of homeless individuals and families, to prevent low-income individuals and families with children from becoming homeless, to help homeless persons make the transition to permanent housing and independent living, to address chronic homelessness, and to address the special needs of non-homeless persons will occur primarily through an ongoing partnership with the Boise City/Ada County Continuum of Care (CoC). PY2012 CDBG funds will not be invested in activities specifically targeted to these objectives primarily because of the relatively small amount of its formula grant. fn addition, the City is not a recipient of HC<PWA formula grants. The City will participate in the CaC to identify ways of supporting area housing providers' efforts to increase affordable transitional and permanent housing facilities. The Boise City/Ada County Continuum of Care (CoC) works to provide supportive housing services to address the reasons for a persons' homelessness, which may include mental illness, disabilities, or fleeing from domestic violence. This CoC operates within Ada County, in which the City of Meridian is located. As additional information is obtained regarding homelessness within Meridian, the City will determine whether other federal, state or local/private funds can be leveraged with CDBG funding to effectively address these needs within the community in future program years. So while the City has not set specific numeric goals to assist special needs populations during City of Meridian, Idaho 27 2012 Action Pian-Adopted July 24; 2012 Program Year 2012, it does provide support for and coordinate with an existing CoC that does provide these supportive services. If one of the proposals the City chooses to fund under the CDBG grant should specifically benefit a Special Needs population (s), quantifiable goals will be established during the contracting phase. D. Barriers to Affordable Housing As identified in Section VI, the City completed an Analysis of impediments to Fair Housing Choice report in Spring 2012. The report identified impediments along with objectives and activities to address those impediments. The CDBG Administrator will conduct the identified activities in Section VI during 2012 Program Year. E. Other Actions Over the course of the upcoming program year, the City will compile and disburse information on lead-based paint hazards in order to (1) educate the public, (2) gauge the prevalence of lead paint contamination, and (3) start to address the issue within the City. There is a wealth of information already available from HUD, the State, neighboring communities, and various organizations that staff will gather and make available at City Hall, on the City's website, and at other locations throughout the community. The City will .continue to engage in the regional dialogue with neighboring communities and service providers to identify and address underserved needs, mainta'i'n affordable housing, and reduce the number of families living in poverty. City of Meridian, Idaho 28 2012 Action Plan-Adopted July 24, 2012 SECTION IX Program Specific Requirements City of Meridian, Idaho 29 2012 Action Plan--Adopted July 24, 2012 Section fX Program Specific f~equirements A. Program Income None of the identified activities for the 2D12 Program Year are intended to generate program income. B. PY2O12 CDBG Activities to Benefit tMl persons One hundred percent (100%) of non-administrative expenditures this Program Year will benefit LMI residents and households. Affordable homeownership/down payment assistance, Senior Job Training/Placement program, and the Meridian Food Bank will benefit the target population on a clientele basis, and the St" Street Parl< ADA Accessible Restroom Facility will do so on an area basis. C. Monitoring The City will employ a combination of formal and informal procedures to ensure the effectiveness of the CDBG program. Each activity in the PY2012 Action Plan is unique, requiring different steps and participation of different partners. The CDBG administrator wilt maintain regular contact with implementing partners and HUD staff to ensure that activities proposed in the Action Plan (1) comply with CDBG program requirements, (2) move forward on appropriate timelines, (3) adequately forward the goals and objectives in the Consolidated Plan, and (4} are completed successfully. As potential issues are identified, City staff will promptly contact our CPD representative to discuss appropriate ways to avoid and/or address any problems. To ensure compliance with federal regulations, including those regarding the timeliness of expenditures, the program administrator will (1) update 1D[S regularly as requests for payment disbursement and activity reimbursement are received, (2) concurrently maintain-a spreadsheet that tracks collective CDBG expenditures among all program years, and (3) continue working with the Finance Department on ways to refine and improve financial monitoring procedures. The City will maintain detailed records to enable staff, HUD, auditors and the public to determine the status of each funded activity, as well as the overall program. The City will use a variety of techniques to monitor subrecipients and review for compliance. The City recently updated its monitoring policy and procedure based on comments received from HUD from their monitoring visit to the City in 201.0. The City will follow the new procedure during this and subsequent program years. Expectations will be clearly outlined in sub-recipient agreements, tailored specifically to each activity and subrecipient entity. Through phone conversations, written correspondence, desk monitoring, and on-site monitoring visits, City of Meridian, Idaho 30 2012 Action Plan-Adopted July 24, 2012 staff wili review each sub_recipient's ability to meet the program's financial, production, and overall management requirements and make necessary determinations or take necessary .actions to preserve program integrity. City of Meridian, Idaho 31 2012 Action Plan-Adopted July 24, 2012 Appendix A--Tables Table 3A Summary of Specific Annual Objectives Grantee Name: City of Meridian, Idaho -° - i Uecent Huusin ~ with Pur ose of New or lm roved Availability/Accessibitif DH-1 Specific Objective Source of Year Performance Expected Actual Percent Funds Indicators Number Number Com leted DH N/A 2012 1.1. 2013 2014 2015 2016 MULTI-YEAR GOAL Decent Huusin with Pur• pose of New or Ln rrovcd Affordability DH-2) DII Address the need for CDBG 2012 Households 3 2.1 affordable housing by 201.3 1 supporting a down 2014 1 payment assistance 2015 1 program for qualifying 2016 l households. MULTI-Y EAR GOAL 7 Decent Flousin with Pur pose of New or Ln proved Sustainability (DH-3) All N/A 2012 % 3• I 2013 2014 2015 2016 MULTI-YF.AIi GOAL Suitable Livin ~ F.nviranmenl with Pur osr of New or Ln rived AvailabilitylAccessibility (S[r1) SL Support public service 2012 People'Itesidents 2,000 I•~ activities that serve the 2013 2,000 city's LMl residents. 2014 2,000 2015 2,000 2016 2,000 MULTI-Y EAR GOAL 10,000 Suitable Liviu j Euviroumenl ~ti~iih Pur• Soso of New or Ln ~t•ovcd Affordability (SL-2) SL NIA 2012 % 2.1 2013 2014 % 201 s °i° 2016 MULTI-YEAK GOAL Suitable Living Environment -vith Purpose of New ar Improved Sustainability (SL-3) SL Invest in public facility CDBG 2012 I'ub]ie facilities 1 3.I improvements that serve 2U 13 0 % person with special needs 2014 1 and low income residents 2015 0 or are located in LMT 2016 1 areas. MULTI-Y EAR GOAL 3 City of Meridian, Idaho 32 2p12 Action Plan-Adopted July 24, 2012 Eccnwmic O ~ortunify with Pur pose of Ner~• or Im roved Availability/Accessihility [[~:O-1 Specific Objective Source of Year Performance Expected Actual Percent. Funds Indicators Number Number Com Icted EO Support public service CDBG 2012 People/Residents 10 1.1 activities that provide 2013 0 employment training or 2014 S -job creation/retention for 2015 5 the city's LMl residents. 2016 0 % MULTI-YEAR GOAL 20 G.conamic O ortunity with 1'ur pose of New or Ln proved Availabilii /Accessibilit ~ O-1 ~' 111~~ii'.~li~ I-i~ ~ii~ 2012 ~USnir,,~:r~,nt' II IIT2p1~ ~iY~lii •"t°aC1lVlii ~ 2O]~i 1~7u1'7~i'~ ~ Ili': 1 in the ~~~~~~ ,~i~~~.~ ~~ a~°ea it ~~~~ 2014 0 '~ ~_ ~. i Tess ori-- +~i i ~ ~ i ~~~~ ?O1_`> 1 ~. ~~. conditions ~~ l u ~ l i 2(1 I ~ ~; 0 `%: contril ~~~~~~ rnf'i ~, ~ ~__ ~ c'~r~,•ioratic,. ~ ~: ~ (~ I. nr.,... [.conomic ~ orlunity with Yur use of New ur Im raved Sustainability (EO-3) EO N/A 2012 3.1 2013 2014 2015 % 2016 MULTI-YEAR GOAL Nei hborhood Revilalizalinn (Nlt-1 PtR NIA 2012 1.1 201.3 2014 2015 201.6 MULTI-Y EAR GOAL Other ((U-I O N/A 2012 1.1 2013 2014 % 2015 2016 MULTI-YEAR GOAL Other (O-2) O N/A 2012 2.1 2013 % 2014 2015 2016 MULTI-Y EAR COAL City of Meridian, Idaho 33 2012 Action Plan-Adopted July 24, 2012 i'able 3B Annual Affordable Housing Completion Goals Grantee Name: Expected Annual Actual Annual Resources used dw•ing the period Program Year: Number of Units To Be Completed Number of Units Completed CDBG HOME ESG }IOPWA f3BNGF1C1ARl' GOALS (Sec. 2ti Only) Homeless households ^ ^ ^ ^ Non-homeless households ^ ^ ^ ^ Special needs households ^ ^ ^ ^ Total Sec. 2l5 ]3eneficiariesx ^ ^ ^ ^ RENTAL, f~OALS (Sec. 215 Only) Acquisition ~fexisting units ^ Production of new uniis ^ ^ ^ Rehabilitation of existing units ^ ^ ^ ^ Rental llssistancc ^ ^ ^ Total Sec. 215 Affordable Rental ^ HOME OWNLR GOALS (Sec. 215 Onl}~ Acquisition of existing units Production of new units ^ ^ Rehabilitation of existing units ^ ^ Homcbuyer Assistance 3 ® ^ ^ 't'otal Sec. 215 Affordable Owner 3 ^ COA~IBINEU Rh;N'I•AL ANll O~VNG:R COALS (Sec. 215 Onl ) Acquisition of existing units ^ ^ ^ Production of new units ^ ^ ^ Rehabilitation of existing units ^ ^ ^ ^ Rental Assistance ^ ^ ^ Ilomcbuyer Assistance 3 ^ ^ Combined Total Sec. 215 Goals''` 3 ^ OVCRALL HOl1SINC GOALS Sec. 21S + Other Affordable Ilousin Annual Rental Housing Goal ^ ^ ^ ^ Annual O~~-ner l lousing Goal ^ ^ ^ ^ Total Overall Housing Goal 3 City of IVleridian, Idaho 34 2012 Action Plan-Adopted July 24, 2012 Table 3C Jurisdiction's Name: Priority Need: Project Title: Description: Consolidated Plan Listing of Projects City of Meridian, Idaho Program Administration PY2012 Program Administration The City's overall CDBG program management, coordination, monitoring, reporting, and evaluation will include the following types of assistance: ^ Coordinating Fair Housing activities with regional partners ^ Ensuring compliance with the adopted Consolidated Plan ^ Preparing program budgets, schedules and amendments ^ Evaluating program results against stated objectives ^ Monitoring program activities for progress and compliance; audit and monitoring findings ^ Preparing reports and other documents for submission to HUD ^ Developing agreements to carry out program activities Objective Category: ^Suitable Living Environment ^Decent Housing ^ Economic Opportunity Outcome Category: ^ Availability/Accessibility ^ Affordability ^ Sustainability Location/Target Area Citywide as applicable HUD Objective Number Project ID HUD Matrix Code CDBG Citation 21A 24 CFR § 570.206 Type of Recipient CDBG National Objective Entitlement N/A Start Date Completion Date 10/1/2012 9/30/2013 Performance Indicator Annual Units N/A N/A Local ID Units Upon Completion N/A The primary purpose of the project is to help: Funding Sources CDBG $46,227 ESG HOME HOPWA Total Formula $46,227 Prior Year Funds Assisted Housing PHA Other Funding Total 46,227 ^ The Homeless ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs City of Meridian, Idaho 35 2012 Action Plan-Adopted July 24, 2012 Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Suitable Living Environment-Public Facility Project Title: 8~" Street Park ADA Accessible Restroom Facility Description: The City of Meridian Parks and Recreation Department will use the CDBG funding to design and construct an ADA accessible restroom facility within 8t" Street Park where no restroom facilities currently exist. Objective Category: ®Suitable Living Environment ^Decent Housing ^ Economic Opportunity Outcome Category: ^ Availability/Accessibility ^ Affordability ®5ustainability Location/Target Area 2235 N.W. 8`" Street, Census Tract 103.32, Block Group 2 HUD Objective Number Project ID SL 3 HUD Matrix Code CDBG Citation 03F 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Subrecipient LMA Start Date Completion Date 10/1/2012 9/30/2013 Performance Indicator Annual Units Public facility 1 Local ID Units Upon Completion 1 public facility Funding Sources CDBG $].30,000 ESG HOME HOPWA Total Formula $1.30,000 r Prior Year Funds Assisted Housing PHA Other Funding Total $130,000 The primary purpose of the project is to help: ^ The Homeless ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs City of Meridian, Idaho 36 2012 Action Plan-Adopted July 24, 2012 Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: Ci#y of Meridian, Idaho Priority Need: Suitable Living Environment-Public Services Project Title: Hunger Relief, Meridian Food Bank Description: CDBG funding will assist the Meridian Food Bank in purchasing food and supplies related to their primary function: providing food to individuals and families in need. Objective Category: ®Suitable Living Environment ^Decent Housing ^ Economic Opportunity Outcome Category: ®Availability/Accessibility ^ Affordability ^ Sustainability Location/Target Area Meridian Food Bank, 133 W. Broadway Avenue, Census Tract 103.22, Block Group 2 HUD Objective Number Project ID SL 1 HUD Matrix Code CDBG Citation 05W 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subrecipient LMC Start Date Completion Date 10/1/2012 9/30/2013 Performance Indicator Annual Units Residents 2,000 Local ID Units Upon Completion 2,000 Funding Sources CDBG $26,500 E5G HOME HOPWA Total Formula $26,500 Prior Year Funds Assisted Housing PHA Other Funding Total $26,500 The primary purpose of the project is to help: ^ The Homeless ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs City of Meridian, Idaho 37 2012 Action Plan-Adopted July 24, 2012 Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Affordable Housing Project Title: Ada County Housing Authority Homeownership Description: The City will provide funding for the Ada County Housing Authority to provide direct homeownership assistance to help LMI individuals/households purchase homes in Meridian. The funds will be used for down payment and closing cost assistance. Objective Category: ^Suitable Living Environment ®Decent Housing ^ Economic Opportunity Outcome Category: ^ Availability/Accessibility ®Affordability ^ Sustainability Location/Target Area Citywide as applicable HUD Objective Number Project ID DH 2 MUD Matrix Code CDBG Citation 13 24 CFR § 570.201(n) Type of Recipient CDBG National Objective Subrecipient LMH Start Date Completion Date 10/1/2012 9/30/2013 Performance Indicator Annual Units Households 1 Local ID Units Upon Completion 1 Funding Sources CDBG $2],000 ESG HOME HOPWA Total Formula $21,000 Prior Year Funds Assisted Housing PHA Other Funding Total $21,000 The primary purpose of the project is to help: ^ The Homeless ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs City of Meridian, Idaho 38 2012 Action Plan-Adopted July 24, 2012 Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Affordable Housing Project Title: Neighborhood Housing Services (NHS) Lending, inc. Homeownership Description: The City will provide funding for the Neighborhood Housing Services Lending, Inc. to provide direct homeownership assistance to help LMI individuals/households purchase Names in Meridian. The funds will be used for down payment and closing cost assistance. Objective Category: ^Suitable Living Environment ®Decent Housing ^ Economic Opportunity Outcome Category: ^ Availability/Accessibility ®Affordability ^ 5ustainability Location/Target Area Citywide as applicable HUD Objective Number Project ID DH 2 HUD Matrix Code CDBG Citation 13 24 CFR § 570.201(n) Type of Recipient CDBG National Objective Subrecipient LMH Start Date Completion Date 10/1/2012 9/30/2013 Performance Indicator Annual Units Households 2 Local iD Units Upon Completion 2 Funding Sources CDBG $21,000 ESG HOME HOPWA Total Formula $21,000 Prior Yea r Fu nds Assisted Housing PHA Other Funding Tota I $21,000 The primary purpose of the project is to help: ^ The Homeiess ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs City of Meridian, Idaho 39 2012 Action Plan-Adopfed July 24, 2012 Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Expanded Economic Opportunity-Public Service Project Title: Senior Job Training and Placement, Open Lines Training Description: The City will provide CDBG funding to Open Lines Training for the purpose of providing jab training and placement for Meridian Seniors. The project is intended for seniors who are residents of Meridian and how need assistance in seeking and obtaining employment. Objective Category: ^Suitable Living Environment ^Decent Housing ®Economic Opportunity Outcome Category: ~ Availability/Accessibility ^ Affordability ^ Sustainability Location/Target Area Citywide as applicable HUD Objective Number Project ID EO 1 HUD Matrix Code CDBG Citation 05H 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subrecipient LMC Start Date Completion Date 10/1/2012 9/30/2013 Performance Indicator Annual Units Seniors receiving job 10 training and placement services Local ID Units Upon Completion 10 Meridian Seniors trained and placed in jobs Funding Sources CDBG 12 000 ESG HOME HOPWA Total Formula $12,000 Prior Year Funds Assisted Housing PHA Other Funding Total $12,000 The primary purpose of the project is to help: ^ The Homeless ^ Persons with HIV/AIDS ^ Persons with Disabilities ^ Public Housing Needs City of Meridian, Idaho 40 2012 Action Plan-Adapted July 24, 2012 Appendix B CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan --It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacementond relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free 1Norkplace --It will or will continue to provide adrug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about (a) The dangers of drug abuse in the workplace; (b) The grantee's policy ofmaintaining adrug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has City of Meridian, Idaho 41 2012 Action Plan-Adopted July 24, 2012 designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs 1, z, 3, 4, 5 and 6. Anti-Lobbying --To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, 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 contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. it will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan --The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. City of Meridian, Idaho 42 2012 Action Plan-Adopted July 24, 2012 Section 3 --It will comply with section 3 of the Housing and Urban Development Act ofi 1968, and implementing regulations at 24 CFR Part 135, ._.7- may- /~ Date City of Meridian, Idaho 43 2012 Action Plan-Adopted July 24, 2012 Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation --It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan --Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following aPlan --It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds --It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, ifi certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid iri the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2012, 2013, and 2014, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. !twill not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements {assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources: In this case, an assessment or charge may be made against the property with respect to the City of Meridian, Idaho 44 2012 Action Plan-Adopted July 24, 2012 public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income} families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force --It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by -aw enforcement agencies within its jurisdiction against any individuals engaged. in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws --The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint --Its activities concerning lead-based paint will comply with the requirements of 24 CFR Aart 35, subparts A, B, J, K and R; Compl-~~ce with Laws --It will comp) ith applicable laws. .~" S~ ~. Signatur Aut orized Official Date Title C City of Meridian, Idaho 45 2012 Action Plan-Adopted July 24, 2012 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification This certification is a material representation offact 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 section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drub-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements ofthe Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change{s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) 33 E. Broadway Avenue, Meridian, Idaho 83642 Check if there are workplaces on file that are not. identified here. City of Meridian, Idaho 46 2012 Action Plan-Adopted July 24, 2012 This information with regard to the drug-free workplace is required by Z4 CFR part 21. 7. Definitions of terms in the IVonprocurement Suspension and Debarment common rule and Drug- Free Workplace common rule apply to this certification. Grantees° attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of polo contendere) or imposition of sentence, or both, lay anyjudicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means aFederal ornon-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: {i) All "direct charge" employees; {ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and {iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers nat on the payroll of the grantee {e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). City of Meridian, Idaho 47 2012 Action Plan-Adopted July 24, 2012 Appendix C Application for Federal Assistance SF-424 Version 02 *1. Type of Submission: *2. Type of Application * If Revision, select appropriate letter(s) ^ Preapplication ^ New ® Application ®Continuation "Other (Specify) ^ ChangedtCorrected Application ^ Revision 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: *5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: CITY OF MERIDIAN, IDAHO *b. EmployerlTaxpayer Identification Number (EINlTIN): *c. Organizational DUNS: 82-6000225 028 451 367 d. Address: *Street 1: 33 E. Broadway Street 2; *City: Meridian County: Ada *State: Idaho Province: *Country: USA *Zip /Postal Code 83642 e. Organizational Unit: Department Name: Division Name: Meridian Community Development Department f. Name and contact information of person to be contacted on matters involving this application: City of Meridian, Idaho 48 2012 Action Plan--Adopted July 24, 2012 Prefix: *First Name: Lori Middle Name: *Last Name: Den Hartog Suffix: Title: CDBG Administrator Organizationai Affiliation: *Telephone Number: 208-884-5533 Fax Number: 208-888-6854 *Email: Idenhartog@meridiancity.org OME3 Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 *9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: 'Other {Specify} *10 Name of Federal Agency: HUD 71. Catalog of Federal Domestic Assistance Number: CFDA Title: *12 Funding Opportunity Number: 14.218 *Title: COMMUNITY DEVELOPMENT BLOCK GRANT/ENTITLEMENT GRANTS City of Meridian, Idaho 49 2012 Action Plan-Adopted July 24, 2012 13. Competition Identification Number: Title: 14. Areas Affected by Project {Cities, Counties, States, etc.): CITY OF MERIDIAN, IDAHO *15. Descriptive Title of Applicant's Project: Investment funds to createlsustain suitable living environments, expand affordable housing opportunities, eliminate slum and blight, and administer the CDBG program. Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: *a. Applicant: 1 'b. Program/Project: 1 17. Proposed Project: ~`a. Start Date: 10/01120'12 *b. End Date: 09!3012013 18. Estimated Funding {$): '~a. Federal 256,727.00 *b. Applicant *c. State *d. Local City of Meridian, Idaho 50 2012 Action Pian-Adopted Jufy 24, 2012 *e. Other *f. Program Income *g. TOTAL 256,727.00 *19. Is Application Subject to Review By State Under Executive Order 32372 Process? ^ a. This application was made available to the State under the Executive Order 12372 Process for review on ^ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered. by E. O. 12372 *2D. Is the Applicant Delinquent On Any Federal debt? (if "Yes", provide oxplanation,) ^ Yes ®No 21. ~By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete. and accurate to the best of my knowledge. I also provide the required assurances*'` and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ® **IAGREE ** The list of certifications and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency specificinstructions Authorized Representative: Prefix: *First Name: Tammy Middle Name: *Last Name: De Weerd Suffix: "Title: Mayor "Telephone Number: 208-888-4433 Fax Number: 208-884-8723 * Email: deweerdt@meridiancity,org *Signature of Authorized Representati * g ? Qate Si ned: . U City of Meridian, Idaho 51 2012 Action Plan-Adopted July 24, 2012 Appendix D Public Notices Tullz i1. '~71? Legal Notices t ITT- OF 1fERIDiA~ AOTICECIFPL'BLIC HE~RI~t;_~\-IIPCSLIt CC)li]IE\TPERIt]D Rerardiug Meridian's Comtnunin- Develaytneut Iilocl: t:.raut (C URG) Pt•ogram The C'it~• of hlendiau has beer. desteaated at; Entitlement C'onmtuttih' bti• the [.S- Del_~u-tu:ent o; Housiu? and Crhan D?~:tlrpuirvt iHt~I.71. Tl;i: de•:tenatia» allot~•s the Cin• toreceiv? fituds arttttalh• from HL~'s C'otmnut:ot~• Develoyn:,en' lilocl: Gravt(C'L1BCij Pmerant. Tire Cih• auricipates drat it t~•i]] receive an a]lc~catior. of$2~6..? . on Qctoltier 1. 2ii1 ~. ht order to receive the: funds. tfie C ih- wu:t suL•ntit to HL'D ,, Fire-Tear Consolidated Plan and au:4twuctl?:ctieu Plan id?ntifl•ins the proiects and goals the C ttl• t3-ilI uudertal.e to create nets job;. tv;r?as? affordable and acces.ible howin~ and re~,italt:.? 1~4eridtut veiEl~bori,oods donna the n?xt Prosrwtlear. ALL CITIZE\~ .ARE I~~-ITED to attend a public heariva on luesda~•.lttae 14. 2012. at - bG P-\f . ut the ?•~feridiau Cih• Council Chawbers. 2ofendian Cih• Ha1L ~ ~ E Broads;•ar 1~t•enue. bleridi;ttt. Idaho. re~arditre the draft'U12-? J16 C'otts~~li.lated Plan and the ?Ctl' Atwval Action Plan. Sperial~iv~•itatian is est2nderl to persons t:•ith disabilities. r?sidevts of assisted houstvr. and 1'.4etic^ian business and yro}'erh' otll:ers }tiferdinu Cit3~ Hall is a handicayyed acres;tole facilit~•. Individuals regnirin~ accottuu~~datiau of ph}'sical_ sieltt or hearing iutpairnt:nts or ian~ttage ntterpretatiou please contact die Cttr- Clerl: at (?OS) SSS-~-1;?. All etttzeus maf• retyer: the dra#1 glans ..nd protide testi.tnon}•- Copies of the drail gluts tti•ill be arailalile Jute 1~1. 2Q12 at the i::ieridiau Cih• Hall in the Couunttvih- De~•eloytueat D.pa.rttnrvt. A PL•BLIC CO~I1fEVT PERIOD RILL FOLLOII' THE PL-BLIC HE_~RI\CT FROM Jt:~E '_l1, .01? THRO[tC.H Jul t• .-I. 2U1_. Iauruts this period, all cotttntent5 should be addre.;?d to Lon Der: Harias in tl:e Cih• Cowmtutih' Oevelopwent Departnteut. trho uta~• be covtacted6v snail: C tt}~ of `yferidtatt_ C'uu:mttmt•• Development Depariittent, i E. Braach4•ati• Ave.. Ste 10_'. l~ieridian. iD 5y6a_': h~• phone. (?US) SR~1- ~~??: b}• fas: (2GS) SS5-~S5 s; or b)~ e•wail ldrtthartog a tneridiancity org. ieriie~• 1vnaS~t117iislt lave 11 avdJtnie 1S. 2012. City of Meridian, Idaho 52 2012 Action Plan-Adopted Jufy 24, 2012 Attention: Lori Den Hartog CITY OF MERIDIAN /RETAIL 33 E BROADWAYAVE MERIDIAN iD 83642 ' CITY OF MERIOWN NOTICE OF ANBDLIC HEARING PUBLIC COMMENT PERIOD Regardingllleridian's Com - rnunrty Oevelopmcnt Block Grant{CDBGj Program ALEXIS FOWLER, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been cnntinuouslyanduntnterruptedly published in said Countyduring a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, inconformity with Section 60-108, Idaho Code, as amended, for: 2 Insertions Beginning issue of: 06!11!2012 Ending issue of: 06!18!201 tLe9als ~ rk} STATE OF IDAHO ) .SS COUNTY OF ADA ) On this 18 day of June in the year of 2012 before me, a Notary Public, personally appeared before me Alexis Fowler known or identified to me to be the person whose name subscribed io the within instrument, and being by first duty sworn, declared that the statements !herein are true, and acknowledyed io me that she executed the same. ~- - Q Notary Pu Ic for Idaho Residing at: Boise, Idaho My Commission expires: ..'",E ~~,...,,~ 4 os,9a ~L 90 p9OO` ,U °e~OtARy 9 P cF 9 G~ 6 O 1 ° pt)'~U ±~ ~ ~7e49 O~~^ 9~f Va~Qas8~0+1~0y0®01. . .. _ '~~^ City of Meridian, Idaho 53 2012 Action Plan-Adopted July 24, 2012 Pub. _wne 11.IS, 2012 ..__._.._._~----G000502U2 t -01 Appendix E At the June 19, 2012 City Council meeting, ane member of the public testified in support of the Senior Job Training Program proposed in the Program Year 2012 Action Plan. City of Meridian, Idaho 54 2012 Action Plan--Adopted July 24, 2012 Meridian City Council Meeting DATE: July 24, 2012 ITEM NUMBER: 7F PROJECT NUMBER: ITEM TITLE: Resolution No. f 2 r~5~ :Resolution Adopting the Community Development Block Grant Program Year 2012 Action Plan MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS / } CITY OF MERIDIAN RESOLUTION NO. ! ~ J ~~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING SUBMISSION OF THE COMMUNITY llEVELOPMENT BLOCK GRANT PROGRAM YEAR 2012 ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN llEVELOPMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary that an annual action plan be submitted to the United States Department of Housing and Urban Development ("HUD") in order to receive Community Development Block Grant ("CDBG") funding for the Program Year of 2012; and WHEREAS, the City held a public hearing on the Program Year 2012 Action Plan on July 24, 2012, and held a public comment period on the draft application materials from June 19, 2012 to July 24, 2012. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Program Year 2012 Action Plan and its certification documents, copies of which are attached hereto as EXHIBIT A and incorporated herein by reference, be, and the same hereby are, approved as to both form and consent. Section 2. That the Mayor and the City Clerk be, and they hereby are, authorized to respectively execute and attend the certifying documents for the Program Year 2012 Action Plan for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of City of Meridian, Idaho this ~'~ day of t` , 2012. , ,~~ APP VED by the Mayor of the City of Meridian, Idaho, this ~ day of 2012. APPROVED: W eerd ATTEST: By: ~'' ~ EAL A Jayce ,. Holman, City Clerk ~~`` '~+ke THE A' RESOLUTION APPROVING CDBG DOCUMENTS -Page 1 OF Z ~~E IDIAN~-- •Iuly 24, 2012 Doug Carlson llirector, Community Planning and Development iJ.S. Department o1• Housing and Urban Development 400 Southwest Sixth Avenue, Suite 700 Portland, OR 97204-1632 Dear Mr. Carlson: Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba F,nclosed please find the City oi'Meridian's Consolidated Plan 2012-2016 and Program Year 2012 Community Development Block Grant Action Plan and certification documents. The plans were adopted by the Meridian City Council at the July 24, 2012 City Council meeting. Please let the City know if you have any questions, or if further clarification is needed. All questions can be directed to Lori Den Hartog, CDBG Administrator, at ldenharto~(c~rneridiancit~grg, or by phone at 208-884-5533. Thank you and we look forward to working with you and your staff in the upcoming program year. Sincerely, ~°'~' Tammy e eerd Mayor Planning Department . 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE July 24, 20'12 ITEM # PROJECT NUMBER 7E PROJECT NAME CDBG Program Year 20'12 Action Plan PLEASE PRINT NAME FOR I AGAINST I NEUTRALI `~:~'" Meridian City Council Meeting DATE: July 24 2012 ITEM NUMBER: 7G PROJECT NUMBER: FP 12-012 ITEM TITLE: Paramount No. 19 FP 12-~12 Paramount No. 19 by Brighton Development, Inc. Located West of N. Meridian Road and South of W. Producer Drive Request: Final Plat Consisting of 45 Residential Building Lots and Three (3) Common Lots on 9.51 Acres in an R-8 Zoning District MEETING NOTES ~~y~,,%~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 24, 20~ 2 ITEM NUMBER: PRQJECT NUMBER: FP 12-013 ITEM TITLE: Paramount No. 20 FP 12-013 Paramount No. 20 by Brighton Development, Inc. Located South of W. Producer Drive Between N. Wyman Avenue and W. Peck Street Request: Final Plat Consisting of Four (4) Residential Building Lots on 1.34 Acres in an R-8 Zoning District MEETING NOTES ,~~~ Community Item/Presentations Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 2~- 2012 ITEM NUMBER: PROJECT NUMBER: VAC 12-002 ITEM TITLE: Spurwing Grove No. 3 Public Hearing: VAC 12-002 Spurwing Grove No. 3 by Brighton Development Located North of W. Greenspire Drive and West of N. Moon Drummer Way Request: Vacate a 5-Foot Wide Irrigation Easement on Lot 13, Block 1 of Spurwing Grove Subdivision No. 3 MEETING NOTES Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE July 24, 2Q12 ITEM # 7t PROJECT NUMBER VAC 12-002 PROJECT NAME Spurwing Grove No. 3 PL FOR I AGAINST t NEUTRALI y~ i ~ vi Meridian City Council Meeting DATE: July 24 202 r r~~=~r~~ ~~~I.~r~~~~~: ~ ITEM TITLE: Future Meeting Topics MEETING NOTES ~~~e Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT This AGREEMENT, is made and entered into this day of , 20] 2, by and between NAMPA & MI;KIDIAN IRRIGATION DISTRICT, an irrigation distz•ict organised and existing under and by virfue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CI`hY OF MERIDIAN, 33 East Broadway, Meridian, Idaho 83642 hereinafter referred to as the "City", W11'NESSETH: WHEREAS, the District uses a facility known as the NINE MILE CREEK, an integral part of the irrigation and drainage works and system of the District, together wit11 the easement therefor to convey irrigation water, to operate, clean, maintain, and repair the Nine Mile Creek, and to access the Nine Mile Ct•eek for those purposes; and, WHEREAS, the District operates, cleans, maintains, repairs and protects the Nine Mile Creek for the benefit of District's landowners; and, WHEREAS, the City's easement is particularly described in the "Legal Description" and/or deed attached hereto as F,xhibit A and by this reference made a part hereof; and, WIfEREAS, the Nine Mile Creek crosses and itztersects certain real property in various locations described in Exhibit A as shown on Exhibit B, attached hereto and by this reference made a part hereof; and, WHEREAS, the City desires permission to cross and encroach upon t11e Nine Mile Creek in various locations and/or the District's easement under the terms and conditions of this Agreement; WHEREAS the City desires to cross the Nine Mile creek in furtherance of the Meridian Road Split Corridor project at King St. and Main St at Williams St, within the City of Meridian, Ada County, Idaho; and NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: AUREFMI:NT - 1 A. Scope of Agreement 1. The City shall have the right to cross the Nine Mile Creek or encroach upon the District's easement for the Nine Mile Creek in the manner described in the "Purpose of Agreement" attached hereto as Exhibit C and by this reference made a part hereof. 2. Any crossing, encroachment upon or modiCcation of the Nine Mile Creels and/or the District's easement shall be performed and maint<ined in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference yr discrepancy between the items listed in Exhibit C, "Purpose of Agreement," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. The City shall only be permitted to cross, encroach upon or modify the Nine Mile Creek and/or the District's easement as described in :Exhibit C even if any plans or drawings referenced ar• attached to Exhibit D provide or show otherwise. The installed facility shall be subject the conditions of this agreement and the City shall have access to repair, maintain, or replace said facility as needed. 3. This Agreement pertains only to the City's encroachment upon the Nine Mile Creek and/or the District's easement for the purposes and in the manner described herein. The City shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any constr•uctivn or activity within the District's easement for the Nine Mile Creek except as referred tv in this Agreement without the prior written consent of the District. 4. The City recognizes and acknowledges that the permission granted by this Agreement pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the City affecting the holder of title to the property subject to the District's easement. Any such riglrts affecting fee title must be acquired by the City from the holder of title to the property. Should City fail to obtain such rights from the holder of title to the property or should the riglrts obtained prove legally ineffectual, the City shall indemnify, hold harmless, and defend the District from any claim by any party arising nut of or related to such failure of rights and at the option of the District this Agreement shall be of no force and effect. C. Facility Construction, Operation, Maintenance and Repair 1. The City agrees that the work performed and the materials used in any construction permitted by this Agreement shall at all tunes be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials shalt have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 2. Each facility {"facility" as used in this Agreement means any object or thing installed by the City on, over or in the vicinity of the District's easement} shall he constructed, installed, operated, maintained, and repaired at all times by the City at the cost and expense of the City. 3. 7'he City agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting tl~e District's easement so as not to constihrte ar• cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation or drainage water in the AGREEMENT - 2 Nine Mile Creek or the District's delivery of n-rigation water; c. an increase in seepage or any other increase in the loss of water from the ditch; d. the subsidence of soil within or adjacent to the easement; e. an interference with the District's use of its easement to access, operate, clean, maintain, and repair the Nine Mile G•eek; f. any other damage to the District's easement and irrigation or drainage works, 4. The City agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the City's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 5. The City shall, upon demand of the District, remove any facility or repair any alteration of the District's easement which interferes with the District's operation and maintenance of the Nine Mile Creek, or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f. The District shall give reasonable notice to the City, and shall allow the City areasonable period of time to per•forrn such maintenance, repair, and other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The City shall respond within 24 hours to begin repair or remediate any interference with the District's operation and maintenance of the Nine Milc Creek. The District reserves the right to perform any and all work which the City fails or refuses to perform within a reasonable period of time after detnar~d 6y the District. All work performed shall be performed in manner required by Idaho law, including but not Limited to the use of licensed public works contractors and engineers and the perfo-mance standards as reduired by law and ordinance. "I'he City agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the City or any third party against the District for failure to exercise the options stated in this paragraph, and the City shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph, except for claims arising from any work which unreasonably exposes the District's employees and agents to the risk of harm from electric power lines, or arising solely out of the negligence or fault of the District. D. District's Rights Are Paramount I . The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of'the irrigation or drainage works and system of the District by this Agreement, nor to grant any rights in its irrigation or drainage works and system incompatible with the uses to which such irrigation or drainage works and system are devoted and dedicated and that this Agreement shall he at all times construed according to such principles. 2. Nothing herein captained shall be construed to impair the Nine Mile Creek or the District's easement, and all construction and use of the District's easement by the City arrd the permission herein provided therefor shall remain inferior and subservient to the rights of the District to the use of the Nine Mile Creek for the transmission and delivery of irrigation water ot• transmission of drainage water. 3. `1'he City agrees that. the District shall not be liable for any damages which shall occur to AGREEMENT-3 any facility in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the Nine Mile Creek. 4. In the event ofthe failure, refusal or neglect of the City to comply with all of the terms and conditions of this Agreement, the permission granted to the City under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditch, and the right of way therefor, which may unreasonably and materially interfere with the maintenance and operation of such Nine Mile G•eek by the District with its equipment for the maintenance of the Nine Mile Creek shall be promptly removed by the upon demand of the District. E. Applicable Law and Jurisdiction Unaffected. 1. Neither the terms of this Agreement, the permission granted by the District to the City, the City's activity which is the subject of this Agreement, nor the parties exercise of any rights or performance of any obligations of this Agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or off cial to the District's ownership, operation, and maintenance of its drains, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this Agreement. 2. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this Agreement or the City's activil authorized hereunder, City shall indemnify, hold harmless and defend the District from all casts and liabilities associated with the application of such laws or the assertion of such jurisdiction and the City shall cease the activity and remove the facility which subjects the District to such requirements. F. Indemnification and Hold Harmless 1. In addition to all other indemnification provisions herein, City further agrees to indemnify harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of City or its agents, contractors or subcontractors in performing the construction and activities authorized by this Agreement. (:. Fees and Costs 1. 1'he City agrees to pay to the District fees and costs incurred by the Disfi•ict for work necessary to prepare this Agreement. The amount shall not exceed $500.00 without the additional consent of the City. 2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this Agreement, whether by institution of suit or not the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. AGREEMENT - 4 H. Miscellaneous 1. No Claims Created. Nothing in this Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the City or- any third party against the District. 2. Assignment. Neither this Agreement nor any agreement entered pursuant to this Agreement may be assigned or transferred without the prior written app~•oval of the Parties, which approval shall not be um•easonably withheld. 3. Amendment and Modification. Any amendment or modification of this Agreement must be in writing and signed by alI parties to be enforceable. 4, Interpretation. This Agreement shall be intezpreted and enforced in accordance with the laws of the State of Idaho. This Agreement is not intended for the benefit of any third party and is nat enforceable by any third party. If any provision of this Agreement is determined by a court of competenf -jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this Agreeme~rt. The catchlines or section headings herein set fo~•th are provided only for the convenience of the parties in locating various provisions of this Agreement, and are not intended to be aids in intez•pretation of any provision of this Agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the Agreement. 5. Bindin~ffect. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, the easement of the City within the real propez-ty described in Exhibit A, and shall be binding on each of the paz-ties herety and on all patties and all pez•sons claiming under them or either of them, and the advantages hereol'shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 6. Notices. Any and all notices, demands, consents and approvals required pursuant to this Agreement shall be delivered to the parties as follows: Nampa & Meridian Irrigation District 5525 East Greenhurst Nampa, Ill 83686 City of Meridian 33 E. Broadway Meridian, Idaho 83642 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counterparts. `T'his Agreement may be executed and delivered in counterparts, each of which shall be deemed to be an original and al] of which sha]1 constitute one and the same instrument. IN WITNESS WHEREOp, the District has hereunto caused its name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has caused its corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above written. AGREEMENT - 5 ATTEST: Its Secretary AGREEMENT - 6 NAMPA & MERIDIAN [RRIGATION llISTRIC"I' By Its President CITY OF MERIDIAN STATE OF IDAHO ) } SS: County of Canyon } On this day of , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared Clinton C. Pline and Daren Coon, known to ane to be the President and Secretary, respectively, of NAMI'A & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing mstrumcnt and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREON, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at ,Idaho My Commission Expires: STATE OF IDAHO } ss. County of } On this day of pub}ic in and for said state, personally appeared known to me to be the and 201.2, before me, the undersigned, a notary and of the CI"I'Y Oh MERIDIAN, the entity that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOI{, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public far Residing at , My Commission Expires: ncR1J1=;M1JN~r ~ ~ EXHIBIT A Le~,al Description A right-of--way for a sewer and water main, located across Nine Mile creek in the right of way as identified on Lxhibit B. AGREEMENT - 8 Exhibit B Rendering of Area AGREEMENT-9 ~; ~,~~. r C as a-- .T .. ~i J, -- ti~ ~. , I r' ~ 217 i .so a '. KinglWiiiiams 5. Nine Mile Creek 6. Nine Mile Creek 7. 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'...... . .~ .' .,+ ~ ..... .. y aTn F '. - ;. :. I . 1:t -. .' .: ,. ~. .'. +~i ~~ ~~I ~ 2561 n 4 " "}1 155 7 56 15'1 u5 759 16C 761 ? E2 J63 iF4 , S ~ 3 EXHIBIT C Purpose of Agreement The purpose ofthis Agreement is to permit City to: 1. construct and install a sewer and water main a miniznuna of three (3} feet under and across the piped Nine Mile Creek and the within the District's easement, ail within City's right-of--way where izatersects the Nine Mile Creek in Meridian, Ada County, Idaho. EXHIBIT D St~ecial Conditions a. The construction described in Exhibit C shall be in performed m accordance with Exhibit D-1 attached hereto and by this reference incozporated herein. b. City shall notify the District prior to and immediately after construction so that lae or the District's engineer's may inspect and approve the construction. c. City represents that City has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmentalznatters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance ofthis agreement broadly construed. City recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented. or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting f=rom the discharge or other activity by the City which is the subject ofthis agreement. d. T'he parties to this agreement recognize this agreement is aia accommodation to City. The District by dais agreement does not assume, create, or exercise }egal or other authority, either express or implied, to regulate control, or prohibit the discharge oz• contributio~a of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environanental agencies. e. Construction shall be completed prior to December 1, 2012. Time is of the essence. £ Water Delivery Contingency Plan: Should the contractor damage or break the Ninemile Creek piped section, the contractor will dam the next immediate upstream irrigation box or open channel section with sand bags and necessary equipment to plug the structure. The contractor will then pump water downstream to the next irrigation box or open channel, beyond the break, with dewatering pumps that are sufficient to handle the current flow of the Ninemile facility. Currently, as indicated by Greg Curtis, Water Superintendent for Nampa Meridian Irrigation District (NMID), the flow is 14.8 CH'S. .Humps on hand will be sufCieientiy sued to dewater as well as to pump any water from the piped Ninemile Creek flow if the pipe becomes damaged so that the project will not interfere with the delivery of water through the NMID AGREEMENT - l0 facility. Once irrigation water has been plugged and diverted to the next downstream location, the contractor will eantact both the City of Meridian City Engineer as well as the Nampa Meridian Irrigation District Super•intendant to determine the appropriate fix of the Ninemile pipe. 1~GREEMl NT - l 1